AGENDA - Cassowary Coast Region€¦ · 23/04/2015 · Applicant 3 – Sonsational Creations Purpose: The grant will be used towards the costs of producing and exhibiting 'Jadella

LOCAL GOVERNMENT MEETING

23 April 2015

AGENDA

Cr Bill Shannon

Cr Glenn Raleigh

Cr Bryce Macdonald

Cr Alister Pike

Cr Mark Nolan

Cr Ian Rule

Cr Kylie Farinelli

Mayor

Division 1

Division 2

Division 3

Division 4

Division 5

Division 6

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

Terry Brennan CHIEF EXECUTIVE OFFICER

AGENDA

9.00am Opening Prayer by a representative of the Tully Ministers' Fraternal

10.00am – 10.30am Morning Tea

12.15pm – 1.00pm Lunch

1. CONFIRMATION OF MINUTES ................................................................................... 2 1.1 Confirmation of Minutes of Local Government Meeting, 9 April 2015 ............................ 2

2. RECEIPT OF MINUTES .............................................................................................. 20

3. BUSINESS FROM PREVIOUS MINUTES .................................................................. 20

4. MANAGEMENT .......................................................................................................... 20

5. WORKS ...................................................................................................................... 20

6. COMMUNITY .............................................................................................................. 21 6.1 Regional Arts Development Fund (RADF) - March 2015 Funding Rounds .................. 21

7. PLANNING & ENVIRONMENT ................................................................................... 29 7.1 Development Incentive Policy - Reduction in Infrastructure Charges Review .............. 29 7.2 Request to convert Lot 189 CWL3414 from Special Lease to Freehold, Bruce

Highway, Bilyana......................................................................................................... 38 7.3 DEV2014/0105 - MCU for a Telecommunications Facility ........................................... 42 1.2.3 Urban 47 7.4 DEV2015/0011 - MCU for a Telecommunications Facility ........................................... 59 7.5 DEV2014/0109 - OP Works for Prescribed Tidal Works .............................................. 81 7.6 DrumMuster Program ................................................................................................ 135

8. CORPORATE ........................................................................................................... 140 8.1 Corporate Services Financial Report March 2015 ..................................................... 140 8.2 Quarterly Progress Review - CCRC Operational Plan 2014/15 as at 31 March 2015 172

9. NOTICE OF MOTION ............................................................................................... 174

10. GENERAL BUSINESS ............................................................................................. 174

11. CONFIDENTIAL ....................................................................................................... 174

Agenda – CCRC Local Government Meeting

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1. CONFIRMATION OF MINUTES

1.1 CONFIRMATION OF MINUTES OF LOCAL GOVERNMENT MEETING, 9 APRIL 2015

Recommendation:

“That the Minutes of the Local Government Meeting held on 9 April 2015 be confirmed as a true and correct record.”


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2. RECEIPT OF MINUTES

Nil

3. BUSINESS FROM PREVIOUS MINUTES

Nil

4. MANAGEMENT

Nil

5. WORKS

Nil


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6. COMMUNITY

6.1 REGIONAL ARTS DEVELOPMENT FUND (RADF) - MARCH 2015 FUNDING ROUNDS

Author & Officer's Title: Kathryn Barnett – Cultural & Recreation Development Officer

Meeting Date: 23 April 2015

Executive Summary:

This report summarises the recommendations of the Regional Arts Development Fund (RADF) Committee for the March 2015 funding round for Council ratification and recommends fifteen (15) applications with a total value of $61,182.00. Recommendation:

“That Council: 1. Approve the expenditure of $61,182.00 for the fifteen (15) recommended RADF

applications for the March 2015 funding round as follows:

Cassowary Coast Yarners $1,047.00

Cardwell & District Community Futures Forum $6,935.00

Jacque Duffy $1,569.00

Cassowary Coast Regional Council $6,217.00

Rotary Mission Beach $3,490.00

Kerry Lee Rockemer $2,000.00

Mission Ceramics $905.00

Cardwell Sacred Moon Festival Committee $7,700.00

KOCA (Keeping Our Culture Alive) $10,743.00

Indigenous Women’s Weaving Group $1,343.00

Mission Arts $1,095.00

Margaret Thorsborne $4,558.00

Mission Beach Earth Art Group $6,697.00

Jitta Art $3,667.00

Deadly Arts Group $3,216.00

Background: What is the Regional Arts Development Fund (RADF) Program? The RADF Program, established in 1991, is a highly successful State and Local Government partnership that supports professional artists and arts practitioners living in regional Queensland. The Program focuses on the development of quality art and arts practice for, and with, regional communities. The RADF Program's key stakeholders are the Queensland Government's Department of Education, Training and the Arts, through Arts Queensland and the local Councils that participate in the program. These stakeholders support arts and cultural development, RADF Committees, regional and remote communities and their arts and cultural workers.


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How does RADF operate? Arts Queensland manages the RADF Program by means of an annual budget for allocations to individual Councils and infrastructure support for local Councils in their administration of the Program. Each Council has a nominated RADF Liaison Officer and a RADF Committee that is culturally and geographically representative of the community. Councils bid annually to Arts Queensland for an allocation of funds. The RADF Liaison Officer and the RADF Committee prepare a funding bid to Arts Queensland based on their consultation with the community. Arts Queensland and individual local Councils contribute funds to support the local RADF grant program. Council's level of funding is determined by a ratio based on the population of the region. In the 2014 -15 year the Cassowary Coast Regional Council (CCRC) contribution is $30,833 while Arts Queensland is providing $44,166 totalling $74,999. The RADF Committee assesses individual RADF applications against their Council's Corporate Plan, Arts and Cultural Policy and Arts Queensland's RADF Guidelines and recommends applicants for funding. The RADF Liaison Officer presents the recommendations to Council for ratification. The RADF Guidelines suggest that Council can only overturn recommendations made by the Committee if the application is ineligible under the Guidelines, or interferes with Council initiatives that are already in progress. In essence the role of the Local Committee is to analyse each application and assess each individually against the funding criteria while the role of Council is to confirm that the program is in line with RADF guidelines, Council’s Cultural Policy and Corporate Plan. What are the eligibility requirements? The following categories of individuals and organisations can apply for a RADF grant:

Individual professional artists, arts workers, cultural workers or project coordinators who:

are based in the local Council area, or if based outside the local Council area are able to demonstrate how the project will directly benefit arts and culture in the local Council area

are permanent residents or Australian citizens

have an Australian Business Number (ABN).

Incorporated cultural organisations based in the local Council area, or those based outside the local Council area that are able to demonstrate how the project will directly benefit arts and culture in the local Council area.

Unincorporated organisations, auspiced by an incorporated body, that are based in the local Council area, or those based outside the local Council area that are able to demonstrate how the project will directly benefit arts and culture in the local Council area.


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How are applications assessed? When assessing applications for RADF grants, Committees are required to use the assessment tools provided in the support materials that accompany these Guidelines. A concise rationale for funding decisions should be recorded as part of the Minutes, so that applications can be provided with feedback on their applications. Funding recommendations should be based on:

the six RADF Principles

the eight RADF funding categories

eligibility criteria

the Council's Arts and Cultural Policy (if in place)

the Council's Corporate Plan

the available budget. When recommending funding amounts, it is important that:

applications should be judged on merit

the full amount being requested should be supported unless there are clear reasons for reducing funding requests

not all available funds need to be allocated in a financial year if the quality of applications does not warrant support.

Cassowary Coast RADF Committee The RADF Committee appointed for 2014-2016 comprises: Marcelle McKenna Chair Cate Richmond Vice Chair Ross Crear Paul Thomson Geoff Moffatt Cr Glenn Raleigh

Decisions are made by majority vote. The CCRC RADF Liaison Officer (Kath Barnett) cannot vote however, gives direction to the RADF Committee regarding applications meeting eligibility and criteria. The March 2015 Funding Round The March 2015 Funding Round attracted twenty (20) applications. Funding sought and supported by the Committee totalled $61,182. RADF funding is based on the premise of a “contribution” with the total value of approved projects in this final round being $143,928.00. Assessments are made, based on community benefit and the degree to which the application satisfied RADF guidelines (see attached Assessment Criteria sample).


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The projects are summarised below.

Applicant 1 – Cassowary Coast Yarners Group

Purpose: The grants will be used towards the costs of bringing internationally renowned fibre artist Prudence Mapstone to the Cassowary Coast for a two day workshop.

Total Project Cost: $3,325.00 Grant Requested: $1,047.00 Approved: $1,047.00

Applicant 2 – Cardwell & District Community Futures Forum

Purpose: The grant will be used towards the costs of engagement of a specialist in landscape architecture and urban design to develop a master plan concept for the presentation of the Cardwell Cultural Precinct.


Applicant 3 – Sonsational Creations

Purpose: The grant will be used towards the costs of producing and exhibiting 'Jadella Lies' a short movie, novelette and artists exhibition by 7 local teenagers in partnership with local industry experts and community organisations.

Total Project Cost: $11,064.00 Grant Requested: $3,414.00 Approved: NIL

Reason for request denied Application did not fully meet the Assessment Criteria.

Applicant 4 – Jacque Duffy

Purpose: The grant will be used towards the costs to attend a Romance Writers Conference in Melbourne.


Reason for variance Request exceeded limited funding allocation.

Applicant 5 – Cassowary Coast Regional Council

Purpose: The grant will be used towards the cost to provide the Ambre Hammond and Ian Cooper - Classics, Gypsy and Jazz project combining unique skills development workshop and performance through partnership with Qld Music Festival.


Applicant 6 – Rotary Mission Beach

Purpose: The grant will be used towards the costs of a graffiti and skateboarding workshop for the youth of Mission Beach to encourage safe use, and education in graffiti and physical education.


Reason for variance Component of application was not eligible for funding.

Applicant 7 – Kerry Lee Rockemer

Purpose: The grant will be used towards the costs to attend a Ken Duncan Coastal Exposure Photography workshop in Terrigal NSW.



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Applicant 8 – Tropical Coast Photography Group

Purpose: The grant will be used towards the costs of a workshop to build upon the skills of local photographers to produce high quality local landscape/ seascape images to be used in the production of a 2015 calendar.


Reason for request denied. Application did not fully meet the Assessment Criteria.

Applicant 9 – Karen Edgerton

Purpose: The grant will be used towards the costs of attending the 2015 Hats Off to Brisbane Millinery Convention.



Applicant 10 – Johnstone Region Landcare Group

Purpose: The grant will be used towards the costs of two weaving workshops at the 2015 Innisfail Sustainability Expo.



Applicant 11 – Mission Ceramics

Purpose: The grant will be used towards the costs of engaging a professional ceramic artist to facilitate a basic ceramic course for beginners, using the ceramic studio at Mission Arts.

Total Project Cost: $1,765.00 Grant Requested: $905.00 Approved: $905.00

Applicant 12 – Cardwell Sacred Full Moon Festival Committee

Purpose: The grant will be used towards the costs of engaging professional artists to facilitate workshops co-creating large scale illuminated sculptures with community.


Applicant 13 – KOCA (Keeping the Culture Alive)

Purpose: The grant will be used towards the costs to activate and transmit cultural retention and archival of the Indigenous Lomandra Dilly Bags.

Total Project Cost: $30,340.00 Grant Requested: $11,440.00

Approved: $10,743.00


Applicant 14 – Indigenous Women’s Weaving Group

Purpose: The grant will be used towards the costs of running a 1 day melon basket workshop at Innisfail Community Gardens.




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Applicant 15 – Stuart Lloyd-Campbell

Purpose: The grant will be used towards the costs to compile a map of small business plans to drive the initiative of a National Fibre Renaissance using our local and regional trainees to sequence out a 6 year Cultural Education Employment pathway.

Total Project Cost: $50,900.00 Grant Requested: $11,000.00

Approved: NIL

Reason for request denied Application did not fully meet the Assessment Criteria.

Applicant 16 – Mission Arts

Purpose: The grant will be used towards the costs to engage a professional co-ordinator to explain and conduct workshops for the creation of a satellite crochet coral reef.


Applicant 17 – Margaret Thorsbourne

Purpose: The grant will be used towards the costs to produce a short documentary celebrating the significance of 50 years of counting Torres Strait pigeons on North Brook Island featuring Margaret Thorsbourne.


Applicant 18 – Mission Beach Earth Art Group

Purpose: The grant will be used towards the costs to engage a professional artist/art educator to facilitate a workshop to introduce the concept of land art, and conduct a workshop onsite-specific natural art.


Applicant 19 – Jitta Art

Purpose: The grant will be used towards the costs to engage renowned professional artist Theo Tremblay to run a 5 day lino cut masters workshop at Jitta Art.


Applicant 20 – Deadly Arts Group

Purpose: The grants will be used towards the costs of presenting a series of open mic nights to showcase local undiscovered talent and provide performance presentation mentoring to the participants.


Link to Corporate Plan: 3.4 Valuing a Knowledge-Based and Informed Future

b. Foster partnerships, facilitate programs and provide support to community ventures which recognise and promote cultural heritage and the arts through the region

Consultation: The above recommendations were outcomes from the meeting held by the 2014-2016 Cassowary Coast Regional Council RADF Committee in Innisfail on 7 April 2015.


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Legal Implications (Statutory basis, legal risks): Each year Arts Queensland (AQ) and participating local Councils, through a contractual agreement, contribute funds to form an annual budget for distribution to their local communities. The Funding Agreement outlines each partner’s contribution and agreed responsibilities in administration and management of the RADF Program and is legally binding. Policy Implications: Regional Arts Development Fund Guidelines. Risk Implications (Corporate, Operational, Project risks): Managed within the RADF Program. Financial & Resource Implications: The 2014-2015 RADF Program financial year budget is $84,800.00 including roll-over of 2013/2014 surplus funds and tied grant funding. The current balance is $61,182.00. Approval of the fifteen (15) recommended applications for round two ($61,182.00) will leave a nil balance. Report prepared by:

Kathryn Barnett – Cultural & Recreation Development Officer Report authorised by: Margaret Darveniza - Director, Community Services Report created date: 9 April 2015


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7. PLANNING & ENVIRONMENT

7.1 DEVELOPMENT INCENTIVE POLICY - REDUCTION IN INFRASTRUCTURE CHARGES REVIEW

Author & Officer's Title: Aletta Nugent - Manager Strategic Planning


Executive Summary:

A Development Incentive - Reduction in Infrastructure Charges Policy was adopted by Council at its meeting on 24 April 2014. The policy offers up to a 50% discount on the infrastructure charges payable for certain eligible development within the Region. The policy has been in operation for one year as of 24 April 2015 and is therefore due for a review. The purpose of this report is to review the effectiveness of the policy in achieving its stated objective and obtain Council’s adoption of some minor amendments to encourage certain development to occur in the final year of the policy. Recommendation:

“That the Development Incentive – Reduction in Infrastructure Charges Policy continue to have effect until 30 April 2016, subject to certain amendments as shown in this report.”

Background: On 24 April 2014, Council adopted the Development Incentive – Reduction in Infrastructure Charges Policy. The policy offers a discount of up to 50% on the infrastructure charges payable for certain development. To be eligible, the development must have a current development approval issued after the adoption of this policy by Council and the development must be completed prior to 30 April 2016. The following development is eligible for the discount: Commercial uses in the Innisfail Central Business Precinct, Innisfail Business

Frame Precinct, Tully Local Business Precinct, Tully Business Fringe Precinct, Mission Beach Local Business Precinct at Wongaling Beach and the Cardwell Local Business Precinct.

Light industry and general industry in the Tully Industry Precinct. Light industry and heavy industry in the Industry Area Precinct at the Goondi

Industrial Estate in Innisfail. Tourism uses in the Mission Beach Local Business Precinct, Mission Beach Marine

Parade Precinct and the Mission Beach Village Precinct. Dual occupancy residential or multiple residential development in the Innisfail

Residential Medium Density Precinct.


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Creating a new lot in the Village Zone, the Priority Infrastructure Area or the Tully Heads and Hull Heads Zone.

For the purposes of the policy, a commercial use is: An accommodation building, child care centre, commercial and business premises,

hotel, indoor recreation, restaurant, shopping centre and veterinary facilities as defined in the Cardwell Shire Planning Scheme 2007.

A child care centre, commercial activities, holiday accommodation, hotel, indoor

recreational facility and veterinary facilities as defined in the Johnstone Shire Planning Scheme 2005.

For the purposes of the policy, a tourism use is commercial activities, holiday accommodation, hotel, indoor recreational facility and tourist facility as defined in the Johnstone Shire Planning Scheme 2005. The development for a commercial activity or tourism activity can be for a material change of use or reconfiguring a lot for the purposes of that activity. Three applications were received for a reduction in infrastructure charges in accordance with the policy, as follows:

Reconfiguring a lot (two lots into six lots), Mission Beach – discount of $28,874.

Material change of use for a commercial activity, Innisfail – discount of $6,473.25.

Reconfiguring a lot (one lot into forty-six lots), Mission Beach – discount of $459,832.50. Therefore, the total amount of discounts provided for infrastructure charges in accordance with the policy is $495,179.75. Since the policy was adopted by Council, 27 development applications for reconfiguring a lot and 33 development applications for a material change of use were decided (approved) by Council. In relation to the approved applications for reconfiguring a lot:

Eighteen of the approvals were not subject to infrastructure charges, because they were for boundary realignments or the creation of an easement.

One approval was eligible but did not apply for a reduction in infrastructure charges under the policy, with the development now finalised.

Two approvals have not yet been finalised, and are potentially eligible for a reduction in infrastructure charges (combined approximate savings $13,400).

Two approvals were eligible, with the applicants applying for and receiving a reduction in infrastructure charges.

The remaining four approvals were not eligible for a reduction in infrastructure charges in accordance with the policy.


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In relation to the approved applications for a material change of use:

Twenty-nine of the approvals were not subject to infrastructure charges, because they did not result in the creation of any additional equivalent tenements.

One approval has not yet been finalised, and is potentially eligible for a reduction in infrastructure charges (approximate savings $1,200).

One approval was eligible, with the applicant applying for and receiving a reduction in infrastructure charges.

The remaining two approvals were not eligible for a reduction in infrastructure charges in accordance with the policy.

The two material changes of use that were not eligible for a reduction in infrastructure charges are for dual occupancy development in the Innisfail Residential Precinct. In addition, Council officers have received enquiries about a reduction in infrastructure charges for budget accommodation development in Mission Beach, which is currently not eligible. Overall, the policy is considered to be working well and it is recommended that it remain in place. Although no significant investment has been attracted through the policy, it has assisted in facilitating some development to occur in the Region. The policy only has a year left to run, which means that its ability to facilitate larger scale development is now limited. However, to ensure the maximum benefit from the policy can be obtained, it is recommended that Council amend the policy to extend it to dual occupancy and multiple residential development in the Innisfail Residential Precinct and budget accommodation in the Mission Beach Zone (Mission Beach Local Business Precinct), Mission Beach Zone (Mission Beach Marine Parade Precinct) and the Mission Beach Zone (Mission Beach Village Precinct). A broader scale review of the policy can occur once the draft Cassowary Coast Regional Council Planning Scheme takes effect. Link to Corporate Plan: 2.4 Enabling Infrastructure

d) Encourage new opportunities and projects across the region that diversify the local economy and facilitate growth and investment.

Consultation: The Community Services Department were consulted in relation to the review of the policy. Legal Implications (Statutory basis, legal risks): Nil Policy Implications: Nil Risk Implications (Corporate, Operational, Project risks): CCR0000830 - Inappropriate planning decisions (risk level - High).


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Financial & Resource Implications: Council is likely to receive less revenue from infrastructure charges than it would if the policy was not in place. However, the benefit of encouraging growth and new development in the Region is considered to outweigh this negative and provide justification for the policy despite the potential financial impact. A total of $495,179.75 in infrastructure charges has been forgone by Council in the first 12 months of the policy’s operation. Report prepared by:

Aletta Nugent - Manager Strategic Planning Report authorised by: John Pettigrew - Director, Planning & Environmental Services Report created date: 13 April 2015


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7.2 REQUEST TO CONVERT LOT 189 CWL3414 FROM SPECIAL LEASE TO FREEHOLD, BRUCE HIGHWAY, BILYANA

Author & Officer's Title: James McPeake, Graduate Planner


Attachments:

1. Aerial View 2. SmartMap

Executive Summary:

Council has received correspondence from the Department of Natural Resources and Mines dated 24 March 2015 requesting Council's views and/or requirements in relation to an application for the conversion of the Special Lease over Lot 189 CWL3414 to Freehold. Lot 189 is 5.5ha in size and is located in Bilyana on the northern banks of Dallachy Creek. Recommendation:

“That the Department of Natural Resources and Mines be advised that Council has no objection to the conversion of the Special Lease over Lot 189 CWL3414 to freehold, on the condition that: a Final Inspection Certificate is issued for the dwelling on the property; and a Compliance Certificate for all plumbing and drainage and an on-site waste water

facility is issued for the dwelling on the property.”

Background: Council has received correspondence from the Department of Natural Resources and Mines (DNRM) dated 24 March 2015 requesting Council's views and/or requirements in relation to an application for the conversion of the Special Lease over Lot 189 CWL3414 to Freehold. Lot 189 is 5.5ha in size and is located in Bilyana on the northern banks of Dallachy Creek. Council’s views in relation to the freeholding of Lot 189 were previously sought in February 2008. In response to this request, Council responded to DNRM on 27 March 2008 advising that it had no requirements or objections to the conversion of the lease to freehold. Lot 189 on CWL3414 is an irregular shaped rural zoned allotment of 5.5ha. The land lies between the North Coast Rail Line on its western boundary, the Bruce Highway to its eastern boundary and Dallachy Creek on it southern boundary. The lot is accessed off the Bruce Highway. The site is currently improved with a small banana crop and a dwelling house has recently been relocated to the site.

In late 2014 Council officers became aware that the dwelling house had been relocated to the site and was being constructed on the site without the necessary building and plumbing and drainage approvals. An enforcement notice was served in response to this unlawful building and plumbing and drainage work on 25 November 2014, and a private certifier was subsequently engaged by the lessee to assess the building work carried out for the dwelling.


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Overall, Council officers have no objection to the freeholding of the subject lot. However, Council officers recommend that an attempt be made to resolve the issue of the unlawful building and plumbing and drainage work prior to the conversion of the lot to freehold.

Link to Corporate Plan:

1.1 Strong Governance and Risk Awareness a) Provide leadership that promotes the interests and views of the community.

Consultation:

Officers within the Planning and Works departments were consulted in preparing this report. Legal Implications (Statutory basis, legal risks): Nil Policy Implications: Nil. Risk Implications (Corporate, Operational, Project risks):

CCR0002022 - Inappropriate planning decisions (risk level - High). Financial & Resource Implications:

Nil Report prepared by:

James McPeake - Planning Officer Report authorised by:

John Pettigrew - Director Planning & Environmental Services Report created date:

31 March 2015


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Attachment 1 – Aerial View


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Attachment 2 – SmartMap


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7.3 DEV2014/0105 - MCU FOR A TELECOMMUNICATIONS FACILITY

Author & Officer's Title: Daniel Horton - Manager, Planning Services


Attachments: 1. Locality Plan 2. Aerial Imagery 3. Overall Site Plan 4. Site Setout Plan 5. Site Elevation and Details

Planning Instrument: Cardwell Shire Council Planning Scheme 2007

Applicant: NBN Co

Consultant (if applicable): Aurecon Australasia

Proposal: Material Change of Use for a Telecommunications Facility (NBN Fixed Wireless Facility - 35m Monopole)

Level of Assessment: Impact Assessable

No. of Submissions: Nil

Common Property Address: 25 Tully Heads Road, Hull Heads

RPD: Lot 5 on SP154707

Land Area: 7429m2

FNQRP: Urban Footprint

PS Zoning/Precinct: Tully Heads and Hull Heads Zone, Commercial Village Precinct

PS Land Use Codes/ Development Codes:

Telecommunication Facility Code

PS Overlays: Nil

Existing Use of Land: Tavern and Accommodation Cabins

Existing Approvals: Stage 2 - Five (5) accommodation units

Referral Agencies: Nil

Application Date: 4 December 2014

Executive Summary:

Council is in receipt of an application for a Material Change of Use for a Telecommunications Facility NNBN Fixed Wireless Facility – 35m Monopole). The application was prepared by Aurecon Australasia on behalf of NBN Co for the establishment of Telecommunications Facility within the Tully Heads and Hull Heads Zone, Commercial Village Precinct on land described as Lot 5 on SP154707, situated at 25 Tully Heads Road, Hull Heads. The application was Impact Assessable and therefore public notification was required. No submissions were received by Council. The application did not trigger any Referral Agencies.


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The subject site is located within the Urban Area as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031 and therefore considered consistent with the Regional Plan. The application is generally consistent with the provisions of the Cardwell Shire Council Planning Scheme 2007 and therefore the proposed application for Material Change of Use for a Telecommunications Facility (NBN Fixed Wireless Facility – 35m Monopole) is recommended for approval subject to reasonable and relevant conditions. Recommendation:

“That a Development Permit be issued for a Material Change of Use for a Telecommunications Facility (NBN Fixed Wireless Facility – 35m Monopole) on land described as Lot 5 on SP154707, situated at 25 Tully Heads Road, Hull Heads, subject to the following 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 4 December 2014, all relating to Development Application – DEV2014/0105, excepting where varied by the following conditions.

Plan Number Plan Name Date

4TUL-51-11-TYHD-C2 Overall Site Plan 03/12/2014

4TUL-51-11-TYHD-C3 Site Setout Plan 03/12/2014

4TUL-51-11-TYHD-C4

Site Elevation and Details 03/12/2014

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

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

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

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

4. Site Access: The applicant/owner must use the existing access crossover from Tully Heads Road to the Telecommunication Facility. Any damaged during the construction phase or maintenance upgrades to the access (edge of concrete crossover to the property boundary) is to be repaired at no cost to Council.

5. Fencing: The applicant/owner is to provide a minimum two (2) metre high

chainwire security fence around the proposed lease area as shown on the Site Setout Plan prior to the commencement of use, to the satisfaction of the Director Planning & Environmental Services.


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6. Colour: The applicant/owner is to provide a detailed Elevation Plan of the

telecommunications facility painted with an appropriate colour scheme, with a matt finish blending in with the surrounds for endorsement by the Director Planning & Environmental Services, prior to the lodgement of the application for building works.

7. Erosion and Sediment Control: Effective sediment and erosion control must be maintained at all times during and after construction work until there is adequate vegetation cover, paved areas or other controls to prevent any silt run-off from the site to the satisfaction of the Director Planning & Environmental Services.

8. Stormwater Discharge: The 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 requirements and satisfaction of the Director Planning & Environmental Services

9. Copy of Approval to Consultants: The applicant/owner is to provide a copy of

this Decision Notice including the development approval conditions, approved plans and documents to all consultants, private certifiers and contactors involved in the construction phase of this development.

Assessment Manager's Advice:

a) Relevant Period: The relevant period for the development approval (Material Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341 of SPA, the development approval for Material Change of Use lapses if the building work under the approval is not complete within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).

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

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

c) Required Approvals: A Development approval for Building Works will be required, with a permit for these works issued prior to any works commencing.

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


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e) Environmental Nuisance: The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this development, are to adhere to their "general environmental duty" to minimise the risk of causing environmental harm

Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance.

Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the Council to cause undue disturbance or annoyance to persons or affect property not connected with the use."

Proposal: The proposed development facilitates a change of use to include a new use (Telecommunications Facility) on the site in conjunction to the existing uses of a Tavern and Accommodation Cabins. The proposed Telecommunications Facility is to be located in the north eastern corner of the lot within a secured 110m2 fenced lease area with access being provided from the existing Tavern entrance and carpark area. The applicant has proposed to construct a 35m high monopole that will provide High Speed NBN fixed wireless coverage to Hull Heads and Tully Heads. The facility will contain the following: - Three (3) x panel antennas (1.077m long) - 35 metre centreline - Three (3) x remote radio units - One (1) parabolic dish antenna (0.9m in diameter) - 33 metre centreline - Two (2) x outdoor cabinets The Cardwell Shire Council Planning Scheme 2007 defines Telecommunications Facility as:

Any land or structure with a height greater than three (3) metres used for the purpose of extending telecommunication services throughout the Shire, whether or not the operator is a public sector entity or a private sector entity. The term does not include Telecommunication Facilities that are listed in the Schedule of the Commonwealth Telecommunications (Low-impact Facilities) Determination 1997 as low-impact facilities.


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Site and Locality: Real Property Description: Lot 5 on SP154707

Common Property Address: 25 Tully Heads Road, Hull Heads

Lot Size: 7429m2

Road Frontage: Tully Heads Road

Topography: Flat

Surrounding Land Uses: Tavern, Accommodation Cabins, Residential, Caravan Park and Vacant Land

Services: Water, Power and Waste

Vegetation: Nil

Wetland/ Watercourse: Nil

Planning Assessment: State Planning Policies: The State Planning Policy (July 2014) is applicable to this development application: State Interest Application of Part E — Interim development assessment

requirements

Water quality Complies – The proposed facility will not negatively impact on water quality as no excavation is required.

Natural hazards, risk and resilience

Complies – The proposed facility isn’t a habitable structure, which won’t result in an increase in the number of people living or working in a hazard area.

Far North Queensland Regional Plan 2031: The subject site is located within the Urban Zone and it is considered that the application is consistent with the intent of the Far North Queensland Regional Plan 2031. Of particular reference are the following sections of the Far North Queensland Regional Plan 2031. Other Acts: The Telecommunications Act 1997 sets out the conditions under which the carrier must operate. Licensed telecommunications carriers must comply with the Telecommunications Act 1997 and the Telecommunications Code of Practice 1997 for all telecommunications facilities. The 1997 Act exempts carriers from the requirements of the State Planning Legislation when the proposed facility is compliant with the Telecommunication (Low-impact Facilities) Determination 1997. The proposed development does not meet the abovementioned requirements and is therefore subject to the Sustainable Planning Act 2009 and requires assessment against the requirements of the Cardwell Shire Council Planning Scheme 2007. Planning Scheme: The proposed development has been assessed against the applicable provisions of the Cardwell Shire Planning Scheme 2007, in the following paragraphs.


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Strategic Framework The Strategic Framework summarizes the overall effect of the Planning Scheme on the nature and location of development in the former Cardwell Shire. This section does not provide a basis for development assessment under the Planning Scheme, however, it provides a guide for related decisions by the Council, developers, other infrastructure providers and the community generally. The effect of the Zones, Precincts, Overlays and assessment criteria (Specific Outcomes and Probable/Acceptable Solutions) of the Planning Scheme relevant to the proposed development is summarized below: - Areas identified as having natural environmental values due to fauna and flora

characteristics and/or landscape, scenic characteristics are valuable features of the Cardwell Shire and the Planning Scheme provides for their conservation.

- Coastal areas will be managed to minimize the impacts of development on scenic

amenity, Sensitive Environmental Areas and valuable agricultural and rural land and to reduce pressure to establish new urban nodes.

The Strategic Framework is graphically represented in a broad manner on the Structure Plan map within Part 11 (Map 1). The Strategic Framework, as shown on the Structure Plan map, identifies areas within the Shire that, when considered in land use planning terms, assist in achieving the Desired Environmental Outcomes. The following area is relevant to the proposed development: - 1.2.3 Urban The Urban Area encompasses a mix of uses associated with an Urban Area, such as residential, commercial, business, industrial, community and public uses which serve the urban environment and where adequate facilities and services are located. It is intended that urban expansion be confined to the settlements of Tully, Cardwell, Mission Beach and the Tully Heads and Hull Heads area. Smaller urban settlements located throughout the Shire will only be consolidated. It is intended that development within the Urban Area will complement the existing low scale character and amenity of a locality and those lands included within the Urban Area that contain natural environmental values, are to be developed in a sustainable manner that protects, conserves and enhances such values. Desired Environmental Outcomes The following Desired Environmental Outcomes are relevant to the proposed development: 2.1.1 A settlement pattern that avoids land use conflicts and provides for a coordinated

sequencing of development and infrastructure by the consolidation and logical expansion of development within the existing Urban Areas of Tully, Cardwell, Mission Beach and Tully and Hull Heads.

2.1.2 Potential adverse impacts on the public infrastructure from natural disasters and

other hazards are minimized. 2.1.3 The built environment reflects the community’s desire to maintain the existing low

scale character and the distinctive architecture of the various Urban Areas within the Shire.


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2.1.5 The range of housing types, services and facilities are maximized, without compromising existing low scale character and amenity, in order to meet the needs and lifestyle desires of the community.

2.1.12 Adverse impacts on water quality relating to erosion and sedimentation,

contamination and effluent disposal are minimized. It is considered that the proposed development is in accordance with the Desired Environmental Outcomes (DEO's). Zone/Precinct The subject site is located within the Tully Heads and Hull Heads Zone and within this area is assessed against the Tully Heads and Hull Heads Commercial Village Precinct Code. The Outcomes sought from the application of the Tully Heads and Hull Heads Commercial Village Precinct Code are:- Commercial and business developments located in a relatively central position so as to

conveniently provide low order goods and services to the residential and tourism population of Tully Heads and Hull Heads.

A pedestrian oriented environment with the incorporation of walkway and bikeway

facilities within developments. A commercial centre with a strong open and low scale village character and spacious

ambience achieved by the appropriate design and location of developments. The existing road network is protected from development that may restrict its operation

and maintenance.


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Specific Outcome Probable Solution Comments

Outcome 1 - Amenity Building design attributes including height, Site Coverage, Setback and landscaping contribute to achieving a low scale, spacious ‘village’ ambience.

a) Building design and site layout for Commercial and Business developments:-

Building Height – 7.5 mtrs (max) and 2 Storeys (max) Site Coverage – 60% (max) Front Setback – 6 metres (min) Landscape Open Space: 20%(min). b) Building design and site layout for Attached Housing:- Building Height – 7.5 mtrs (max) and 2 Storeys (max) Site Coverage: 40% (max) Front Setback: 6 metres (min) Landscape Open Space: 40%(min). c) Building design and site layout

for all other uses:- No probable solution prescribed.

Not Applicable – The proposed use is not a commercial or business development. Not Applicable – The proposed development doesn’t propose any form of Class 1a building. Complies O1 – The proposed 35m monopole is consistent with the existing commercial development on the site. The monopole isn’t out-of character with the existing land use on site.

Outcome 2 – Streetscape Amenity Developments positively address the streetscape by: - Being of an appropriate

human scale; - Contributing to visual

interest; - Hiding unsightly components

of development; and - Reducing the visual

monotony and streetscape domination of car parking areas.

a) Buildings are to have a maximum unarticulated length of five (5) metres to the street frontage. Breaking up the Frontage through the use of windows, verandahs, balconies or wall offsets is considered to be adequate articulation, except where the same feature is used for the entire length of the building.

b) Buildings are to address the

street frontage by their orientation and inclusion of entrances to the street frontage.

c)Off-street car parking is

required to be provided at the rear of commercial premises or in the case of residential premises is Setback a minimum of three (3) metres from the property Frontage.

Complies O2 – The proposed development is for a telecommunications facility. The use doesn’t incorporate any habitable rooms. The site is an estimated 40m from the frontage of Tully Heads Road. The development doesn’t require the provision of car parking spaces. The proposed site is benefited from existing screening effect landscaping along a section of the frontage and majority of its side boundary.


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Outcome 3 – Pedestrian Orientation Developments contribute to achieving a pedestrian oriented environment.

a) Developments that are likely to generate a greater amount of pedestrian traffic than that of a Dwelling House are required to provide a footpath for the full Frontage of the site where the Frontage of the site is identified suitable for such facilities on Maps 12 (Part 11). External works must be carried out in accordance with Design Guideline D1 of the Development Manual (Section 9.2 - Policies) or alternatively a monetary contribution towards the works may be made to Council in accordance with Section 9.5 - Policies.

Complies – The development will not generate any pedestrian traffic. As the use doesn’t generate of attract users the proposal isn’t expected to impact on existing pedestrian movements as its located in an area not utilised by pedestrians.

Outcome 4 – Traffic/Access Vehicular traffic generated by development within the Tully Heads and Hull Heads Commercial Village Precinct will not conflict with local or through traffic and will not have a detrimental impact on the safety and amenity of the locality.

a) No probable solution prescribed.

Complies – The applicant has outlined that the proposed use will only generate a couple of vehicular movements per year for maintenance purposes. This volume will not detrimentally impact on the safety and amenity of the area. Furthermore, the expected movements will be consistent and not conflict with the existing movements generated from the site.

The proposed development is considered to be consistent with the purpose statement of the Code. The use isn’t identified as inconsistent in the zone and isn’t in conflict with the existing uses on site (Tavern and Accommodation). The facility is located an appropriate distance from its frontage with Tully Heads Road. The on-ground lease area is benefited by existing landscaping along a portion of its frontage and side boundary. Land Use Codes The proposed development is for Telecommunications Facility. The Outcomes sought from the application of the Telecommunication Facility Code is the development of Telecommunication Facility that have minimal impact on the visual or scenic amenity of a locality, do not pose an unacceptable risk to public safety and do not result in adverse impacts on the environmental conditions of a site.


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Outcome 1 – Visual Amenity Telecommunication Facilities are located and designed so as not to have a detrimental impact on the visual or scenic amenity of the locality.

a) Telecommunication Facilities are to be painted a dark matt colour for the entire visible part of the tower to ensure that the facility blends in with the surrounding environment. No white or bright coloured components are to be installed on the tower.

b) Where the base of a

Telecommunication Facility is likely to be visible, effective screen landscaping must be provided at the base of the facility.

c) Co-location of other

carriers on Telecommunication Facilities are encouraged wherever possible.

Conditioned to comply Complies - The existing boundary and car parking area on the property is effectively screened from the road and the existing uses. No additional landscaping is to be conditioned. Complies- The applicant has satisfactorily addressed the co-location opportunities in the area. The most viable co-location opportunity was present at the nearby Telstra site. However this site wasn’t viable due to commercial and land tenure matters.

Outcome 2 – Public Safety Telecommunication Facilities are to be designed and developed to ensure that they do not pose an unacceptable risk to public safety.

a) Telecommunication Facilities are to fully comply with all applicable Government health and safety standards concerning electromagnetic field radiation, to ensure that safe separation distances are established to nearby residents or persons.

b) The Telecommunication

Facility is to be fenced to effectively prohibit public access.

c) Warning or information

signs must be erected at installation sites to ensure public safety.

Complies O2 - The site is expected to emit 0.093% of the maximum EME level at 200-300m from the site. This amount is substantially less than 1% of the maximum allowable exposure limit (where 100% if the limit is still considered to be safe).


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Outcome 3 – Airport Operations The location of the Telecommunication Facilities is not to affect airport operations or aerial crop spraying operations.


Complies - The proposed facility is located 14km East from the Tully Aerodrome. The site contains an existing Tavern and Accommodation Cabins. The facility isn’t expected to further affect airport operations.

Outcome 4 – Environment Telecommunication Facilities are not to have an adverse impact on the environmental features of a subject site, particularly relating to the clearing of vegetation to create a pad for or access to the facility.


Complies – No vegetation clearing is required as the site is already devoid of vegetation.

Outcome 5 – Rehabilitation If the Telecommunication Facility is abandoned or decommissioned the subject site must be rehabilitated to the standard of the site prior to development.

a) No probable solution

prescribed.

N/A.

General Codes and Works Codes The proposed Material Change of Use has been assessed against the relevant General Codes and Works Codes. The proposed Material Change of Use is considered generally in accordance with all requirements of the relevant codes. The proposal has been conditioned where considered reasonable. Public Notification/Submissions: The development application was Impact Assessable and therefore required Public Notification. The applicant advised that public notification requirements were carried out in accordance with the Sustainable Planning Act 2009. No properly made submissions were received by Council.

Infrastructure Charges Notice:

This development application does not incur any infrastructure charges. Referrals: The proposed development did not trigger any State Referral Agencies. Conclusion: The application is generally consistent with the intent of the Far North Queensland Regional Plan 2031, State Planning Policy (July 2014) and the provisions of the Cardwell Shire Council Planning Scheme 2007 and therefore the proposed application for Material Change of Use for a Telecommunications Facility (NBN Fixed Wireless Facility - 35m Monopole), on land described as Lot 5 on SP154707, situated at 25 Tully Heads Road, Hull Heads is recommended for approval," subject to reasonable and relevant conditions.


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Link to Corporate Plan:

1.1 Strong Governance and Risk Awareness a) Provide leadership that promotes the interests and views of the community. b) Manage and govern the organisation according to our stated values, ensuring

principles of good governance are applied to achieve the best value outcome for the community.

c) Pursue and nurture an environment of honesty and integrity in which elected members, managers and staff work together in a spirit of trust and teamwork.

d) Ensure the administration of the region is governed through open and transparent decision-making and reporting processes.

e) Develop and implement proactive risk-management strategies to reduce risk to Council and the community.

f) Develop frameworks and undertake corporate projects that effectively implement corporate and operational plans.

g) Establish a lobbying and advocacy strategy to capitalise on opportunities for a new region.

Consultation: Officers from the Planning Services section. Legal Implications (Statutory basis, legal risks):

Appeal in the Planning and Environment Court. Policy Implications: Nil Financial & Resource Implications: Potential appeal costs Report prepared by:

Daniel Horton - Manager, Planning Services Report authorised by: John Pettigrew - Director, Planning & Environmental Services Report created date: 23 April 2015


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Attachment 1 – Locality Plan


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Attachment 2 – Aerial Imagery


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Attachment 3 – Overall Site Plan


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Attachment 4 - Site Setout Plan


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Attachment 5 - Site Elevation and Details


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7.4 DEV2015/0011 - MCU FOR A TELECOMMUNICATIONS FACILITY



Attachments: 1. Locality Plan 2. Aerial 3. Overall Site Plan 4. Site Setout Plan 5. Site Elevations and Details

Planning Instrument: Johnstone Shire Council Planning Scheme 2005

Applicant: NBN Co

Consultant: Aurecon Australia Pty Ltd

Proposal: Material Change of Use - Telecommunications Facility

Level of Assessment: Impact

No. of Submissions: Nil

Common Property Address: Waldock Road, Kurrimine Beach

RPD: Lot 415 on N5742

Land Area: 11.5ha (Lease Area 80m2)

FNQRP Zone: Rural Living and Rural Production Area

PS Zoning/Precinct: Rural Zone (Rural Conservation Precinct)

PS Land Use Codes: Telecommunication Facility

PS Overlays: Scenic Amenity, Natural Areas, Natural Hazards and Good Quality Agricultural Land

Referral Agencies: Nil

Application Date: 30 January 2015

Executive Summary: Council is in receipt of an application for a Material Change of Use for a Telecommunications Facility. The application was prepared by Aurecon Australia Pty Ltd for a Telecommunications Facility within the Rural Zone (Rural Conservation Precinct) on land described as Lot 415 on NR5742, situated at Waldock Road, Kurrimine Beach. The application was Impact Assessable and therefore public notification was required. Council didn't receive any submissions during the notification period. The application did not require referral to any government agencies. 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.


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Recommendation: “That a Development Permit be issued for a Material Change of Use for a Telecommunications Facility (NBN Co Fixed Wireless Facility - 35m Monopole) on land described as Lot 415 on NR5742 situated at Waldock Road, Kurrimine Beach," subject to the following conditions: 1. Proposal: That the development be undertaken generally in accordance with the

application, documentation and plans listed in the table below, accepted by Council on 30 January 2015 & 6 March 2015 , all relating to Development Application – DEV2015/0011, excepting where varied by the following conditions.

Plan Number Plan Name Date

Drawing No. 4INN-51-15-KBSR-C2, Revision 05

Overall Site Plan 20/01/2015


Site Set out Plan 20/01/2015


Site Elevation & Details 20/01/2015

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

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

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

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

4. Lot Access: The applicant/owner is to construct an access to the lease area in the

location as shown on the Site Setout Plan (Drawing No. 4INN-51-15-KBSR-C3, Revision 05 dated 20/01/2015) in accordance with the FNQROC Development Manual - Standard Drawing S1105 (latest revision) and Council’s standard engineering specifications, to the satisfaction of the Director Planning and Environmental Services and at no cost to Council. Future maintenance of the access is the responsibility of the property owner.

5. Fencing: The applicant/owner is to provide a minimum two (2) metre high

chainwire security fence around the proposed lease area as shown on Site Setout Plan prior to the Commencement of the Use, to the satisfaction of the Director Planning & Environmental Services.

6. Colour: The applicant/owner is to provide a detailed Elevation Plan of the

Telecommunications Facility painted with an appropriate colour scheme, with a matt finish blending in with the surrounds for endorsement by the Director Planning & Environmental Services, prior to the lodgement of the application for Building Works.


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7. Copy of Approval to Consultants: The applicant/owner is to provide a copy of this Decision Notice including the development approval conditions, approved plans and documents to all consultants, private certifiers and contractors involved in the construction phase of this development.

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

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

9. Stormwater Discharge: The 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 requirements and satisfaction of the Director Planning & Environmental Services.

Assessment Managers Advice:

a) Relevant Period: The relevant period for the development approval (Material Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341 of SPA, the development approval for Material Change of Use lapses if the building work under the approval is not complete within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).

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

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

c) Required Approvals: A Development approval for Building Works will be required, with a permit for these works issued prior to any works commencing.

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

e) Environmental Nuisance: The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks and construction phases of this development, are to adhere to their "general environmental duty" to minimise the risk of causing environmental harm.


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

Proposal: A development application was lodged by Aurecon Australia Pty Ltd for NBN Co and was accepted by Council on the 30 January 2015. The application is for a Material Change of Use for a Telecommunications Facility (35m monopole). The proposed monopole will feature a circular headframe accommodating five (5) x panel antennas (1.077m long) mounted at a centreline elevation of 35m and five (5) x remote radio units (0.5m long) positioned behind the panel antennas. One (1) parabolic dish antenna (0.9m in diameter) will also be installed at a centre line elevation of 32 metres. The applicant has outlined in the application that NBN Co requires a fixed wireless transmission site to provide high speed wireless broadband coverage to the Kurrimine Beach area. Each NBN CO fixed wireless facility has been designed to heights that allow the infrastructure (antennas, dishes) to have clear line of sight to the surrounding premises, and also ensure that radio transmission infrastructure has clear line of sight to the adjoining network facility to link the site back into the broader network. To support the Fixed Wireless component of this network, NBN Co requires a fixed wireless transmission site to provide fixed wireless internet coverage to Kurrimine Beach and to serve as a key communications anchor point for other NBN Fixed Wireless facilities in the wider Cassowary Coast region. NBN Co scoped the area and found the approved location to be the most technically feasible position for the area. Site and Locality:

Real Property Description: Lot 415 on NR5742

Common Property Address: Waldock Road, Kurrimine Beach

Lot Size: 11.5ha

Access: Via Tanner Road

Topography: Flat

Surrounding Land Uses: Rural properties

Council Services: Nil

Vegetation: Native vegetation

Wetland/ Watercourse: Wetland north of the proposed site


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Planning Assessment:

State Planning Policies: The State Planning Policy (July 2014) is applicable to this development application: State Interest Assessment against Part E: Interim development

assessment requirements

Biodiversity Complies - The proposed development will not impact on the MSES as the proposed facility is located outside this area and proposed development requires only minimal clearing and sediment and erosion requirements will be conditioned.

Water quality Complies - The development is using only a small part of a large property (less than 1%) and is reasonably flat. The proposed works are not considered to generate additional runoff (minimal) that would cause degradation to the water quality in the near catchments.

Natural Hazards Complies - The site is located outside of the bushfire hazard area and the area is not affected by Flooding as per Council latest flood study for CCRC.

Far North Queensland Regional Plan 2031:

The subject site is located within the Regional Landscape and Rural Production Area and it is considered that the application is consistent with the intent for the Regional Landscape and Rural Production Area of the Far North Queensland Regional Plan 2009 - 2031. Planning Scheme:

The proposed development has been assessed against the applicable provisions of the Johnstone Shire Planning Scheme 2005 in the following paragraphs. Strategic Framework

The strategic framework (s1.2.2) of the Planning Scheme is as follows: The overriding principle of the Planning Scheme is the promotion of ecological sustainability. Ecological sustainability is the balance between the protection of ecological processes and natural systems, economic development and the maintenance of the well-being of people and communities. The following strategies will encourage the achievement of ecological sustainability: Maintain the predominant role of agriculture, whilst increasing diversity within and

between economic sectors. Develop tourism in a managed way, founded on the natural and cultural characteristics

of the Shire, achieving a role which contributes to the economy, but which has a low impact on the social and physical environment.

Manage the natural resources of the Shire in such a way to protect and enhance their permanent viability and value for the lasting benefit and enjoyment of future generations, while maintaining economic and social development.

Preserve and enhance the character of urban, natural and rural areas, including the striking scenic landscape, the relaxed and friendly lifestyle and the strong sense of community identity, which typifies the Shire.

Foster the efficient, safe and convenient movement of people and goods within the Shire and beyond.

Plan and manage the Shire in the context of its region and neighbours.


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It is considered that the proposed development is in accordance with the applicable strategies of the Strategic Framework. Desired Environmental Outcomes

The following Desired Environmental Outcomes (s.3.1) are relevant to the proposed development: 3.1.1 Ecological and natural systems 2. The ecological systems, environmental qualities and scenic landscape values are

protected and enhanced through: Retention, expansion and rehabilitation of a viable shire-wide network of habitat

and corridors; Management of coastal development; Identifying land uses that are sympathetic to and do not adversely impact on the

protection of ecological values and processes (terrestrial and aquatic). 3. Development is managed to minimise land degradation through management of the

risk and avoidance of high risk areas. 3.1.3 Maintenance of community well being 8. Land and infrastructure requirements for community needs and services such as

housing, commercial services, health care, recreational facilities and open space for residents and visitors are identified and protected from incompatible development.

9. Cost efficiencies and timely delivery of infrastructure is achieved through the Shire especially through the consolidation of existing urban, rural residential and village areas to make better use of existing physical and social infrastructure.

10. Areas of risk to public safety are identified and managed to reduce the possible threat to the public, public infrastructure and environment.

It is considered that the proposed development is in accordance with the Desired Environmental Outcomes (DEO’s). Rural Zone

The proposed development is considered to be consistent with the purpose statement of the Rural Zone Code Precinct. The purpose of the rural zone is to: 1. Protect good quality agricultural land from fragmentation through 30 hectare minimal

lot size except where it is associated with an established or substantially commenced rural service industry;

2. Protect good quality agricultural land from alienation; 3. Protect the use of good quality agricultural land for rural production through separation

of incompatible land uses; 4. Protect extraction and quarry sites from fragmentation or alienation; 5. Protect the use of extraction and quarry sites for extraction and quarry uses through

separation of incompatible land uses; 6. Minimise the impacts of development on existing land uses; 7. Maintain the rural amenity and character of the existing rural landscape which is

dominated by extensive areas of rural production and natural areas; 8. Protect the ecosystem function of existing habitat by promoting the protection from

removal and destruction of habitat in the rural conservation precinct; 9. Protect the road network and rail and aviation facilities from development that may

restrict its operation and maintenance; and 10. Protect the Innisfail Bypass future road corridor from development that may restrict its

construction and operation.


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Rural zone code

Specific Outcomes Probable Solution Compliance

Amenity

S1.Buildings and other structures have minimal detrimental impacts on the surrounding land uses.

P1. Buildings and other structures do not exceed: a) a maximum building

height of 7.5m, b) a maximum height of

9m, c) a maximum two (2)

storeys. P2. Buildings and other

structures are located at least ten (10) metres from any boundary.

P3. Buildings and other

structures are located at least: a) 50 metres from the

centreline of the road formation where fronting a state controlled road listed in Schedule 4.

Complies with S1 - The proposed construction of a monopole is located in an area that will not have any detrimental impacts on the surrounding land uses. Complies with S1 - The telecommunication facility is located within the 10m setback on its southern boundary; however will not impact on any of the surrounding land uses. The other boundary setbacks area compliant. Complies - The proposed structure is located over 50m from the centreline of the state controlled road.

S2.Developments involving uses other than single residential and home business on allotments: a) adjoining or opposite

residential uses; or b) fronting a State

controlled road: feature a high standard of landscaping to minimise any detrimental affect on the amenity of the area.

P4. No probable solution prescribed.

Complies - The site and a portion of the monopole will be screened by significant existing natural vegetation that will minimise any effect on the amenity of the area.

S3.Developments involving uses other than agriculture incorporate measures to protect them for rural activities in terms of chemical spray drift, odour, noise, dust, fire, smoke and ash.


Complies - The proposed use is non-habitable and therefore doesn’t require measures to protect the site from rural activities.


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It’s considered that the proposed development is generally consistent with the propose statement of the Rural Zone Code. As the proposed development conserves GQAL and doesn’t result in the fragmentation of Rural Zoned Land. Furthermore, the proposed development is located a suitable distance away from residential uses.

The proposed development of Lot 415 with a telecommunication tower being 35m in height will result in a reduction to the level of amenity to the area especially when viewed from the residential area. The applicant has outlined that the existing vegetation will provide significant screening affect from this area and has provided photomontage to support this opinion. It’s considered that when viewed from the residential area of Kurrimine about half of the monopole will be clearly visible, even with the existing vegetation, however a condition will be placed on the approval requiring the monopole to be painted and further reducing the impact to the amenity.


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Land Use Codes

Telecommunications facility code The purpose of this code is to ensure that telecommunications facilities minimise the potential visual, community safety and environmental impacts.


Site Suitability

S1.The location of the telecommunications facilities must ensure minimal visual obtrusiveness.

P1. Facility is located in or on an existing building or structure (and if on the building in a location of minimal prominence on that building or structure) where possible.

P2. Facility is co-located

with an existing telecommunications facilities where this will be less visually intrusive than other sites, where possible.

P3. Facility is located in

areas where the predominant land uses are community installations, industrial or commercial uses, where possible.

P1 Not Applicable – Information contained with the application outlined that a suitable building or structure couldn’t be found in the area. Or a site that could support the proposed NBN Co fixed wireless infrastructure. P2 Not Applicable - The applicant has outlined that they investigated the potential co-location on the adjoining Powerlink site located on Lot 1 on NR5214. The result of the investigation found that the existing structure wasn’t suitable (structurally or technically) to co-locate the NBN Co and Optus infrastructure. P3 Not Applicable – The applicant has outlined that a search was conducted to identify potential suitable community installations, industrial or commercial sites. However, a suitable site couldn’t be identified.


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Site Suitability

S2.The location of the telecommunications facilities must not conflict with existing uses on the site or adjoining sites, including not impeding access to and movement through the site required by the uses.

S2. No probable solution prescribed.

Complies – The telecommunication facility is located on a small section of Lot 415 and will be contained in a 80m2 sublease. The applicant has outlined that the location won't conflict with existing uses or restrict access.

S3.The location of the telecommunications facilities must not affect airport operations at the Innisfail aerodrome or aerial crop spraying operations.


Complies - The Innisfail Aerodrome will not be impacted by this proposed development.

Visual Amenity

S4.The height, shape, form, and bulk of the telecommunications facilities must minimise any visual amenity impacts.


Complies – The proposed height (35m), shape (tower), form & bulk (monopole) of the proposed facility is considered the most suitable structure for this area to minimise impacts on the amenity. It’s considered that the impact on amenity is minimised by the proposed design, location and screening by existing vegetation.

S5.The materials, finish and colour of the telecommunications facilities must minimise any visual amenity impacts.

P6. Telecommunications facility is painted: a) ‘sherbrook green’

with a matt finish where the facility is located within or silhouetted against existing vegetation; or

b) ‘rain cloud’ with a matt finish where the facility is silhouetted against the sky.

Conditioned to comply. The applicant has outlined that the proposed monopole can be conditioned to meet this requirement. Council will condition the proposal accordingly to be painted.


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Visual Amenity

S6.The area surrounding the telecommunications facilities is landscaped to screen and/or soften the view of the installation, where existing vegetation does not already do so.


Not Applicable – The site is benefited with significant screening effect vegetation. The introduction of vegetation to screen or soften the view of the proposed site couldn’t be achieved and it wouldn’t be reasonable to condition.

Public Safety

S7.Electromagnetic emissions from any telecommunications facilities are as low as possible to ensure public health.

P8. Power outputs levels from any telecommunications facilities do not exceed the maximum exposure limit set by AS 2772.1 – Radio Frequency Radiation – Maximum Exposure Levels.

Complies - See attached EME Report. The site is expected to emit 0.12% of the maximum EME level from the site. This amount is substantially less than 1% of the maximum allowable exposure limit (where 100% if the limit is still considered to be safe).

S8.The site of the telecommunications facilities must be managed to ensure public safety.

P9. The telecommunications facilities will be fenced with two (2) metre high fence. Gates in the fence will be padlocked.

P10. All electrical and telecommunications cabling from the existing network to the facility must be provided underground.

Conditioned to comply.

S9.Warning or information signs must be erected at telecommunications facilities sites, where necessary to do so to ensure public safety.




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Site Access

S10.The proposed access to and from the site must be adequate to cater for the proposed vehicle access while not creating a nuisance or safety concern for adjoining land uses or users of the roads.



Environment

S11.Telecommunications facilities are not to have an adverse impact on areas of significant conservation value, particularly clearing of vegetation for the site and access.


Complies – The applicant has outlined that the proposed telecommunication facility is to be located in a previously disturbed area and will require only minimal clearing.

As outlined above it’s considered that the proposed development is generally in accordance with the purpose of the Telecommunication Code. The applicant has outlined that co-location on the existing Optus tower wasn’t feasible for service objectives and technical considerations. Furthermore, the applicant has outlined that the location of the proposed tower is appropriately positioned in relation to the residential area and seeking to minimise the impacts to the amenity. The site is benefited by existing mature vegetation that will screen most of the site and a portion of the monopole tower. Where relevant the development approval will be appropriately conditioned to satisfy the Code.

Shire Wide Measures

The Shire Wide Measures that have been assessed for this application are the Scenic Amenity Code (Areas of High Scenic Amenity) and the Natural Area Code (Critical Habitat & Wildlife Crossing Point), as the subject site is identified on overlay Maps 7c and 9b. Scenic Amenity Code The purpose of this code is to: a) Maintain or enhance the scenic quality of the natural areas of the Shire. b) Protect the natural, undeveloped appearance of the hill slopes and foreshores from

inappropriate development. c) Protect important views and vistas on tourist routes.


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Complies – The proposed development is deemed to comply with the purpose of the Scenic Amenity Code. The proposed 35m monopole tower will be a prominent feature from the residential area of Kurrimine. The site itself isn’t visible from the Murdering Point Road as the existing mature vegetation will screen the majority of the infrastructure from about 15m above natural ground level. It’s estimated that around 20m of the tower will be visible from the residential area. This exposed section of the structure will be conditioned to be colour treated to further reduce the impact.


S1.Development must be designed, located and constructed to ensure built form does not detract from the integrity of or dominate the natural scenic landscape.

P1. Buildings and other structures are designed and located to be of a height generally less than the height of the existing mature vegetation canopy (where such a canopy exists).

P2. Buildings and other structures are not visually intrusive: a) where located on

ridgelines; and b) when viewed from

major tourist routes; and

c) when viewed from beaches and from offshore.

P3. Significant existing vegetation is retained as much as possible.

P4. Buildings have a maximum undercroft height at the perimeter of the building of not greater than three (3) metres and incorporate timber screening or landscaping strips a minimum on one (1) metre in width around the undercroft.

Complies with S1 - The proposed tower is designed as a monopole for its slim look, has been located within a vegetated area and does not dominate the natural landscape.

S2.Development in areas of high scenic amenity must be designed, located and constructed to ensure cutting and filling is minimised.

P5. Cutting or filling does not result in a total change in level of more than 1.5 metres relative to ground level (natural); and

P6. Cutting and filling does not occur within 1.5 metres of any site boundary.

N/A


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S3.Development in areas of high scenic amenity must be designed and constructed of materials and with finishes to ensure it does not detract from the integrity of or dominate the natural scenic landscape.

P7. Buildings or other structures have external surfaces finished with the following natural colours: a) dark blues, dark

greens, dark greys, ochres, olives; or

b) natural or stained timber; and

P8. Buildings or other structures have external surface finishes that do not include the following reflective surfaces: a) white or silver roof

cladding; b) white or light wall

finishes; c) reflective glass.

Conditioned to Comply

S4.Development adjacent to a Tourist route does not obscure or detract from significant views of areas of high scenic amenity.

P9. Buildings and other structures including advertising devices are positioned to ensure significant views are maintained.

N/A

Natural area code The purpose of this code is to: 1. conserve and maintain ecological processes and systems to protect biodiversity; and 2. establish vegetated north to south and east to west wildlife corridors. Complies – It’s considered that the proposed development won’t reduce the values of the habitat as the proposed monopole tower is located in a previously disturbed site where minor clearing (tidy up) will be required.


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S1.The values of the Conservation areas identified on Map 7 are protected, managed, and, where necessary, restored to ensure long term viability.

P1. Development does not result in the loss of habitat identified as conservation.

Complies - The proposed tower is located in an existing clear area of the heavily vegetated property.

S2.The values of Critical Habitat and Important Habitat identified on Map 7 are preserved, managed, and, where necessary, restored to ensure long term viability.

P2. Development results in no net loss of habitat.

P3. Habitat removal is limited to 800m2 for a single dwelling and access where it can be demonstrated there are no existing cleared areas on the lot and revegetation of an equivalent or greater area is proposed.

P4. Sensitive areas are revegetated to ensure the long term viability of critical and important habitat

Complies - The proposal is to be constructed in an existing clear area of the property within the vegetated surrounds.

S7.Wildlife can move freely without obstruction along conservation areas, critical environmental corridors and habitat.

P11. Fencing in areas identified on Map 7 as being a conservation areas, Critical Habitat, Important Habitat, Linkage Corridor/Habitat and Potential Linkage Corridor/Habitat is limited to four (4) strand unelectrified plain wire.

Complies - A fence is to be erected around the 80m

2

lease area, however this will not impact on the movement of wildlife.

Operational Works Codes and General Development Codes

The proposed development is assessed against the following Operational Works and General Development Codes: General development codes

6.4.3 Landscaping code 6.4.6 Vehicle access, parking and loading code

Landscaping code The purpose of this code is to ensure that: 1. Landscaping enhances the appearance of developments and contributes to an attractive

streetscape. 2. Landscaping buffers provide effective screening. 3. Landscaping provides shade where required. 4. Landscaping accommodates the retention of existing significant on-site vegetation. Complies - The applicant has outlined that the existing mature vegetation will be retained to continue to provide significant screening effect from the residential area of Kurrimine. As the majority of the site cannot be viewed from the residential area and the major access road to Kurrimine (Murdering Point Road) conditioning further landscaping isn’t considered appropriate.


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Vehicle access, parking and loading code The purpose of this code is to ensure that: 1. Uses have sufficient on site car parking spaces designated in a manner to meet the

requirements of the intended user; 2. The number of spaces provided does not impact on the functioning of the surrounding

road network; 3. Vehicles can access and move within the site in a safe and efficient manner. Complies - Upon review of the information supplied by the applicant it’s been determined that the scale of vehicle movements on the site is very low and will reach its peak only during the construction phase. Once the tower is constructed the applicant outlined that the site will only be visited once per year for maintenance purposes. The applicant will be required to create a new access off Tanner Road to the proposed site and this access will be conditioned to be constructed and maintained at all times by the applicant/owner. Public Notification/Submissions:

The development application was Impact Assessable and therefore required public notification in accordance with Section 295, (1a) of the Sustainable Planning Act 2009. No submissions were received during this period. The applicant advised that public notification requirements were carried out in accordance with Section 301 Sustainable Planning Act 2009. Informal Consultation Summary: The applicant held a community information session on 17 February 2015 for the proposal. A total of 460 premises were notified of the Information Session and approximately 40 people attended. Eight (8) feedback forms were received, of which all were in support of the proposal. Infrastructure Charges: This proposed development does not incur Infrastructure Charges. Conclusion:

"That a Development Permit be issued for a Material Change of Use for a Telecommunications Facility (35 metre Monopole) on land described as Lot 415 on NR5742, situated at Waldock Road, Kurrimine Beach," subject to reasonable and relevant conditions. Link to Corporate Plan:

1.1 Strong Governance and Risk Awareness a) Provide leadership that promotes the interests and views of the community. b) Manage and govern the organisation according to our stated values, ensuring


c) Pursue and nurture an environment of honesty and integrity in which elected members, managers and staff work together in a spirit of trust and teamwork.

d) Ensure the administration of the region is governed through open and transparent decision-making and reporting processes.

e) Develop and implement proactive risk-management strategies to reduce risk to Council and the community.


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f) Develop frameworks and undertake corporate projects that effectively implement

corporate and operational plans. g) Establish a lobbying and advocacy strategy to capitalise on opportunities for a

new region. Consultation: Officers from the Planning Services Legal Implications (Statutory basis, legal risks):

Appeal in the Planning and Environment Court Policy Implications: N/A Risk Implications (Corporate, Operational, Project risks): Minor Risk (Appeal). Financial & Resource Implications: Potential appeal costs Report prepared by:



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Attachment 1: Locality Plan


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Attachment 2: Aerial View


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Attachment 3: Overall Site Plan


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Attachment 4: Site Setout Plan


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Attachment 5: Site Elevation and Details


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7.5 DEV2014/0109 - OP WORKS FOR PRESCRIBED TIDAL WORKS



Attachments: 1. Concurrence Agency Response 2. Layout/Aerial Plan 3. Proposal Plans

Planning Instrument: Prescribed Tidal Works Code

Applicant: Queensland Government

Consultant: Aurecon Australia Pty Ltd

Proposal: Prescribed Tidal Works (Perry Harvey Jetty & Clump Point Boat Ramp)

Level of Assessment: Code

No. of Submissions: N/A

Common Property Address: Porter Promenade, Mission Beach

RPD: Lot 550 on NR7351

Land Area: 136ha

Existing Use of Land: Boating Facilities - Jetty and Boat Ramp

Referral Agencies: Department of State Development, Infrastructure & Planning (DSDIP)

Application Date: 18 December 2014

Executive Summary: Council is in receipt of an application to enhance the existing marine infrastructure within Boat Bay Mission Beach to improve conditions for safe boating within the area. The application was prepared by Aurecon Australia Pty Ltd on behalf of the Queensland Government for the upgrade to the existing marine infrastructure on land described as Lot 550 on NR7351 situated at Porter Promenade, Mission Beach. The application was Code Assessable and therefore public notification was not required. The application triggered referral to the Department of State Development, Infrastructure and Planning (DSDIP) as a Concurrence Agency. The application is generally consistent with the provisions of the Prescribed Tidal Works Code and therefore the application for Prescribed Tidal Works (Upgrade of Marine Infrastructure - Perry Harvey Jetty & Clump Point Boat Ramp) is recommended for approval, subject to reasonable and relevant conditions.


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Recommendation: “That a Development Permit be issued for Prescribed Tidal Works (Perry Harvey Jetty & Clump Point Boat Ramp) on land described as Lot 550 on NR7351 situated at Porter Promenade, Mission Beach, subject to the following conditions: Assessment Manager's Conditions: 1. That the development be undertaken generally in accordance with the application

and documentation submitted to Council as well as the plans in the table below, accepted by Council on 18 December 2014, and all relating to Development Application No. DEV2014/0109, excepting where varied by the following conditions:

Plan / Document Number

Plan / Document Name Date

Drawing No. CD-AR-02, B

Mission Beach Safe Boating Infrastructure Clump Point Boat Ramp & Jetty Upgrade Structural Notes

15/12/14

Drawing No. CD-JE-01, B

Mission Beach Safe Boating Infrastructure Perry Harvey Jetty Access Ramp Piling Arrangement and Details

16/12/14

Drawing No. CD-AR-03, B

Mission beach Safe Boating Infrastructure Clump Point Boat Ramp & Jetty Upgrade Overall Site Layout & Cyclone Moorings

16/12/14

Drawing No. CD-BO-01, B

Mission beach Safe Boating Infrastructure Clump Point Boat Ramp Upgrade Existing Features

16/12/14

Drawing No. CD-BO-04, C

Mission beach Safe Boating Infrastructure Clump Point Boat Ramp Upgrade Carpark and Drainage Plan

16/12/14


Mission beach Safe Boating Infrastructure Clump Point Boat Ramp Upgrade Carpark and Drainage - Sections

16/12/14


Mission beach Safe Boating Infrastructure Clump Point Boat Ramp Upgrade Breakwater Repair and Rock Relocation

16/12/14

Drawing No. CD-JE-10, B

Mission Beach Safe Boating Infrastructure Perry Harvey Jetty Overtopping Breakwater control line And Set-Out Details

16/12/14

2. The access ramp and berth must comply with the IDAS Code for Prescribed Tidal

Works, specifically Outcome No 16.2. 3. All temporary works associated with the construction of this marine infrastructure

are to be removed from the site at the completion of the works and all waste shall be collected from the site by the contractor and disposed of at a licensed waste facility.


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4. A report from a Registered Professional Engineer of Queensland must be submitted to Cassowary Coast Regional Council within three (3) months of the date of the completion of works, certifying that: -

a) The works (including any other associated works) have been constructed in accordance with the approved drawings and these conditions; and

b) The works: - i. are structurally adequate for anticipated usage; and ii. comply with all relevant codes including the Prescribe Tidal Works Code,

Building and Engineering standards for Tidal Works; and c) The bed and banks of the waterway for a distance of fifteen (15) metres around

the site of the works are clear of all debris. Concurrence Agency Conditions: Department of State Development Infrastructure and Planning Concurrence Agency Conditions dated 24 March 2015 - Reference SDA-1214-017081. See Attachment 1. Assessment Managers Advice: a) 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.

Background: Local Government is the assessment manager for Tidal Works defined as Prescribed Tidal Works in the Coastal Protection and Management Regulation 2003. These approvals were assessed by the Environmental Protection Agency prior to 2005. These proposed works are jointly funded by the Commonwealth and State Governments with the purpose to improve boating safety within Boat bay. Proposal: The proposed development facilitates an upgrade to the existing marine infrastructure within Boat Bay, Mission Beach. The following infrastructure is proposed with Boat Bay: Perry Harvey Jetty:

An 'overtopping breakwater'

An access ramp and berth on the northern side of the Jetty

Two (2) permanent moorings Clump Point Boat Ramp:

Additional boat ramp land and approach reclamation

Floating walkway

Repair of the existing rock breakwater

Improve drainage system

Expansion of parking facilities

Reclamation and revetment works to support the provision of additional parking facilities

Improved navigational access through the removal of isolated rocks/boulders


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Overview:

An overtopping breakwater is proposed to be constructed approximately 45 metres offshore from the head of the jetty. The overtopping breakwater has a non-linear geometry, varying in height and width along its footprint. The structure comprises a length of approximately 135 metres, a height of 6 metres above the seabed (finished crest level located only 6 cm above HAT) and a width of up to 40 metres wide. A new berth and access ramp is proposed to be developed on the northern side of the jetty to improve safety of berthing and the loading and unloading of passengers and goods. The total length of the proposed access ramp is approximately 50 metres extending from the jetty deck level of 2.95m AHD to 0.38m AHD and has been determined with regard to achieving suitable access for the design vessel during the full range of tidal conditions. A total of seven (7) boarding platforms have been defined, along the north side and at the head of the jetty. It is proposed to install a new floating walkway adjacent to the existing rock breakwater. The purpose of the floating walkway is to provide a second landing for recreational vessels to minimise congestion. An additional boat ramp lane is proposed to be constructed adjoining the southern side of the existing boat ramp lanes. Parking Facilities at the boat ramp are proposed to be upgraded to provide a total of 11 single car parking bays and 33 car trailer units (CTU's). On top of these proposed car parks additional car parking is being built within the existing road reserve area (Clump Point Lookout Road). Works will be carried out on the Drainage System, the existing Rock Breakwater will be repaired, and a new Seawall of approximately 160 metres in length is proposed to be developed alongside the eastern edge of the Clump Point headland, extending south from the head of the existing boat ramp lanes, alongside the northern car park edge, to the southern extent of parking. Site and Locality:

Real Property Description: Lot 550 on NR7351

Common Property Address: Porters Promenade, Mission Beach

Lot Size: 136 hectares

Access: Clump Point Lookout Road & Alexander Drive

Topography: Relatively Flat land

Surrounding Land Uses: Boating Infrastructure

Council Services: Water, Waste & Toilet Facilities

Vegetation: Existing Vegetation around Boat Bay


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Planning Assessment:

Prescribed Tidal Works Code: Purpose of code: The purpose of this code is to ensure prescribed tidal work for which it applies— (a) is compatible with the character and amenity of its surrounding area; and (b) is designed and constructed in a way to ensure it is structurally sound; and (c) is safe for use; and (d) is adequately serviced with infrastructure, including, for example, infrastructure for the

supply of water or the discharge of sewage; and (e) involves only minimal use of tidal water in a canal, for a non-maritime purpose; and (f) does not cause a significant adverse affect to any of the following—

(i) existing public access to any foreshores or any tidal water; (ii) navigable access to, or navigable egress from, any non-tidal work lot; (iii) the natural features of any tidal water, including, for example, the water quality and

bed and banks of the tidal water; (iv) the structural integrity, operation or maintenance of any existing structure.

The proposed development is to be assessed against the requirements of the Prescribed Tidal Works Code: Specific Outcome A Probable Solution Compliance

Character and Amenity generally – Prescribed Tidal Work not in a Canal

2.2 Prescribed tidal work not in a canal and for a non private purpose is compatible with its location, having regard to the following— (a) the character and amenity of the work’s immediate surroundings and the locality within which the work is located; (b) if the relevant planning scheme states the desired character or amenity for the work’s immediate surroundings or the locality within which the work is located—the stated desired character or amenity.

The design and construction of the prescribed tidal work is consistent with the following standards - a) subject to paragraph (c), prescribed tidal work use for a commercial purpose does not extend past the side boundary or extended side boundary of the lot connected to the work. b) subject to paragraph (c), prescribed tidal work used for a commercial purpose is not roofed unless it is the main access to land. c) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) or (b) – the relevant planning scheme standard, to the extent the standard is more stringent than the standard mentioned in paragraph (a) or (b). d) any other relevant planning scheme standard that is not inconsistent with the standards mentioned in paragraphs (a) to (c).

Complies. The proposed works are for public works and it is acknowledged that proposed Infrastructure maybe used for the berthing of commercial vessels. The proposed facilities are located within State land being State Reserve for Boat Harbour Purposes, State Road Reserve, and State Reserve for Scenic Recreation Purposes. The proposed works are consistent with the existing use (boating activities) and are appropriate for the relevant land tenure. The works are also consistent with the existing character and amenity of the area, predominantly associated with scenic and recreational activities.


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Character and Amenity (height, scale and size)

3.1 Prescribed tidal work is of a height, scale and size to ensure the work is compatible with the character and amenity of its location, having regard to the following - a) the height, scale and size of the natural features of the work’s immediate surroundings and the locality within which the work is located. b) the height, scale and size of the existing buildings or other structures in the work’s immediate surroundings and the locality within which the work is located. c) if the relevant planning scheme states the desired height, scale or size of buildings or other structures in the work’s immediate surroundings or the locality within which the work is located – the stated desired height, scale or size.

The height, scale and size of the prescribed tidal work is consistent with each relevant planning scheme standard.

The proposed development is for Operational Works that is exempt from the planning scheme (as per Schedule 4 of the SP Reg). However the proposed works as part of this approval are considered to minimise visual and environmental impacts, and are of a size and scale required to achieve the desired improvement in seeking to improve the boating safety. Land based works associated with this development are considered consistent with the existing area.

Character and Amenity (materials and colours)

4.1 The materials used for, and the colours of , prescribed tidal work are compatible with the character and amenity of the work’s location, having regard to the following - a) the natural features of the work’s immediate surroundings and the locality within which the work is located b) the existing buildings or other structures in the work’s immediate surroundings and the locality within which the work is located c) if the relevant planning scheme states the desired materials to be used for, or desired colours of , buildings and other structures in the work’s immediate surroundings or the locality within which the work is located – the stated desired materials or colours.

The materials used for, and colours of , the prescribed tidal work are consistent with each relevant planning scheme standard.

There are no applicable planning scheme standards that specify material or colour requirements for maritime infrastructure, erosion protection works, or car parking. Specific materials to be used for maritime infrastructure (eg rock armouring, seawalls and revetments) are primarily governed by the required design standard which must be achieved and will fit with the existing material use.


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Lighting

5.1 Lighting, other than an aid to navigation, for prescribed tidal work is installed in a w ay to ensure the security and safe use of the work without causing significant adverse effects on the amenity of the locality within which the work is located.

The lighting for the prescribed tidal work, other than an aid to navigation, is consistent with the following standards - a) subject to paragraph (c), lighting for prescribed tidal work is hooded and directed downwards b) subject to paragraph (c), each lighting standard, to the extent relevant c) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) or (b) – the relevant planning scheme standard, to the extent the standard is more stringent than the standard mentioned in paragraph (a) or (b) d) any other relevant planning scheme standard that is not inconsistent with the standards mentioned in paragraphs (a) to (c).

Any lighting required for the project will be for the purpose of safe navigation and, therefore, does not apply to SO5.1.

Signage

6.1 A sign erected or otherwise placed in position for prescribed tidal work, other than a sign erected or placed for safety reasons or under an Act a) is compatible with the character and amenity of the work’s immediate surroundings and the locality within which the work is located b) is not a dominant feature of the work, unless the dominance is for safety reasons.

A sign erected or otherwise placed in position for prescribed tidal work, other than a sign erected or placed for safety reasons or under an Act, is consistent with the following standards - a) subject to paragraph (c), a sign erected or placed in position for identifying prescribed tidal work, or the owner of the work, is the only sign erected or placed in position for identifying the work or owner b) subject to paragraph (c), a sign erected or otherwise placed in position for prescribed tidal work is integrated into the design and construction of the work c) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a) d) any other relevant planning scheme standard that is not inconsistent with the standards mentioned in paragraphs (a),

Not applicable. No signs are proposed, other than for safety purposes.


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(b), and (c).

Earthwork and Vegetation

7.1 Excavation and filling for prescribed tidal work - a) is carried out only to the extent reasonably necessary for the work; and b) does not have a significant adverse effect on - (i) The natural features of the tidal water under, within or over which the work is located; or (ii) The level of the surface of the land under the tidal water under, within or over which the work is located, or any foreshores near the work.

The earthwork and filling for the prescribed tidal work is consistent with each relevant planning scheme standard.

The proposed excavation works are minimal (to allow construction of new boat ramp lane). All proposed works are required to improve facilities and are necessary to seek to improve protection to the area from another natural event.

7.2 The location of prescribed tidal work ensures vegetation is cleared or disturbed only to the extent reasonably necessary for the work.

The vegetation in the tidal water, under within or over which the prescribed tidal work is located, or on land under the tidal water, is cleared or disturbed in a way consistent with each relevant planning scheme standard.

The planning scheme does not deal with vegetation in Tidal waters. The proposed extent of works is necessary to facilitate a improved marine facilities.

7.3 Any vegetation damaged, destroyed or removed by prescribed tidal work under, within or over tidal water other than an artificial waterway, is replaced with appropriate vegetation.

Vegetation affected by the prescribed tidal work is dealt with in a way consistent with the following standards- a) subject to paragraph (b), vegetation damaged, destroyed or removed by prescribed tidal work is replaced with native vegetation for the locality within which the work is located, to the extent it is reasonably practicable to replace the vegetation with native vegetation b) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a) c) any other relevant planning scheme standard that is not inconsistent with the standards mentioned in paragraphs (a) and (b).

The clearing of marine plants is required to facilitate the development. The applicant has proposed to establish a mangrove terrace within the reclamation area on the western side of the boat ramp. Additionally it is hoped that the marine plants may re-colonise on the seawalls.


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Public Access - Availability

8.1 Prescribed tidal work does not have a significant adverse effect on the availability of public access to foreshores, including public access proposed in the relevant planning scheme.

The design and construction of the prescribed tidal work is consistent with the following standards - a) subject to paragraph (b), prescribed tidal work does not involve the erection or placement of any physical barrier preventing existing access, along a public access way, to the foreshores near the work. b) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a). c) any other relevant planning scheme standard that is not inconsistent w ith the standards mentioned in paragraphs (a) and (b).

The proposed works have the purpose to improve boating safety, and will therefore facilitate continued access and enjoyment of the coastal environment.

Public Access - Safety

9.1 The location and design of prescribed tidal work does not adversely affect the safety of members of the public accessing the foreshores.

Public access to foreshores near the prescribed tidal work is consistent with each relevant planning scheme standard.

The objective of the project is to improve the safety of facilities in Boat Bay. This objective has been considered through the design and layout of all works at both the Perry Harvey Jetty and the Clump Point Boat Ramp. For example, additional car and trailer parking is proposed at the Boat Ramp to alleviate safety hazards associated with traffic congestion during periods of peak demand, and a new access ramp with improved disabled access is proposed at the jetty. The proposed works will overall improve the safety of public access to the coastal environment.


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Navigable access to or egress from, non-tidal work lots

10.1 Prescribed tidal work does not adversely affect navigable access to, or navigable egress from, any nontidal work lot.

The design and construction of the prescribed tidal work is consistent with the following standards - a) subject to paragraph (b), if the lot connected to prescribed tidal work (the connected lot) adjoins a nontidal work lot, the work does not extend past the connected lot’s side boundary, or extended side boundary, adjoining the non-tidal work lot b) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a).

Not applicable. The works are entirely located within State land and have been designed specifically to improve navigable access in this location.

Infrastructure, including access, parking, sewage and water services

11.1 Prescribed tidal work has appropriate infrastructure, including, in particular, road access, parking facilities, sewerage services and water services, having regard to a) the nature and scale of the work; and b) the number of people that may be on or at the work at any time; and c) the number of vehicles that may be on or moored at the work at any time; and d) the protection of any foreshores near the work and the vegetation and marine plants on the foreshores.

The infrastructure for prescribed tidal work is consistent with each relevant planning scheme standard.

The proposed development is for Operational Works that is exempt from the planning scheme (as per Schedule 4 of the SP Reg).


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Design, Construction and Safety – all prescribed tidal work

12.1 Prescribed tidal work is designed and constructed in a w ay to ensure it is structurally sound, having regard to the following a) relevant engineering standards b) the location of the work c) the purpose for which the work is to be used d) the impact of flooding, tidal influences and hydrodynamic changes.

The design and construction of the prescribed tidal work is consistent with the following standards - a) subject to paragraph (b), each Australian Standard relevant to the design or construction of structures, to the extent requirements stated in the Standard apply to the design or construction of prescribed tidal work; b) if a relevant planning scheme standard is more stringent than any standard mentioned in paragraph (a) – the relevant planning scheme standard mentioned in paragraph (a).

Complies. The proposed development has been designed and certified by a RPEQ, confirming the structure is compliant w ill all relevant standards.

12.2 Prescribed tidal work does not adversely affect the structural integrity of any existing revetment or seawall or another existing structure.

The design and construction of the prescribed tidal work is consistent with the following standards a) subject to paragraph (b), prescribed tidal work, including any shore abutment, piling or other structure connected with the work- (i) Does not place an additional load on any existing revetment or seawall or another existing structure; or (ii) Can be structurally supported by an existing revetment or seawall or another existing structure b) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a).

The proposed design of the works have been designed and approved by an RPEQ to improve the existing seawall and surrounding infrastructure.


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12.3 Prescribed tidal work is designed and constructed in a way to ensure it does not adversely affect the stability of the bed and banks of any tidal water.

The design and construction of the prescribed tidal work is consistent with the following standards - a) subject to paragraph (b), prescribed tidal work does not cause, by changing the flow of water, the removal of , or disturbance to, the sediment on the bed and banks of any tidal water; b) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a).

Complies. The proposed works have been designed to ensure the seawall and revetment works will act as a stabiliser to the Clump Point headland from the impacts of erosion.

12.4 Prescribed tidal work is designed and constructed using materials having a long life in marine environments, having regard to their ability to resist the following a) attack by marine organisms b) corrosion c) deterioration resulting f rom abrasion or immersion in seawater.

The design and construction of the prescribed tidal work is consistent with the following standards - a) subject to paragraph (b), each Australian Standard relevant to the materials that should be used, or the measures that should be taken to treat materials used, for structures to the extent the requirements stated in the Standard apply to structures located in a marine environment b) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a).

Complies. The proposed marine infrastructure has been designed for a 50 year life in accordance with relevant DTMR and Australian Standards.


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12.5 Prescribed tidal work is designed and constructed in a way to ensure it does not adversely affect the operation or maintenance of any existing stormwater outlet.

The design and construction of the prescribed tidal work is consistent with the following standards a) subject to paragraph (c), vessels moored at prescribed tidal work do not impede the discharge of stormwater. b) subject to paragraph (c), prescribed tidal work does not restrict access to any stormwater outlet. c) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) or (b) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a) or (b).

It is proposed to upgrade the existing stormwater drainage network at Clump Point to seek to convey stormwater and overtopping waves towards the navigational channel and to improve natural flushing effects.

12.6 Prescribed tidal work is designed and constructed in a way to ensure it does not adversely affect the water quality of any tidal water, including, in particular, as a result of - a) release, into the tidal water, of materials used in the construction of the work; or b) disturbance to the sediment on the bed and banks of the tidal water; orc) exposure to acid sulfate soils.

The design and construction of the prescribed tidal work is consistent with the following standards— (a) subject to paragraph (b), each Australian Standard relevant to the design or construction of structures under, within or over tidal water, to the extent the requirements stated in the Standard are directed at maintaining the water quality of tidal water; (b) if a relevant stringent than the standard mentioned in paragraph (a)—the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a).

Complies. The appropriate mitigation measures have been designed and best practice is to be employed during the construction period to ensure adverse impacts are minimised to water quality.


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12.7 Prescribed tidal work is designed and constructed in a way to ensure it is safe for persons standing or walking on the work.

The design and construction of the prescribed tidal work is consistent with the following standards - a) subject to paragraph (c), any surface of prescribed tidal work on which a person may stand or walk is - (i) Not slippery; and (ii) Does not have any feature that may cause the person to trip or fall. b) subject to paragraph (c), any part of prescribed tidal work that is unsafe for persons standing or walking on the work is surrounded by adequate barriers to deter persons from entering the part. c) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) or (b) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a) or (b).

The proposed works have been designed to ensure that these measures are in place for on-going safe use of the marine facilities.

12.8 Appropriate measures are taken for prescribed tidal work for a non-private purpose to ensure an unsupportable live load is not applied to the work by persons or vehicles.

The design and construction of the prescribed tidal work is consistent with the following standards - a) subject to paragraph (b), prescribed tidal work has erected or placed in position on or near the work, a sign that- (i) Is visible at all times; and (ii) States the maximum live load that may be applied to the work, in terms of the maximum number of persons that may be on the work at any given time or the maximum number of vehicles of a particular type that may be on or moored at the work at any given time; b) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a).

A sign can be placed on-site to address and indicate the maximum load on all relevant structures.


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Design, construction and safety – jetties and piers

16.2 Prescribed tidal work that is a jetty or pier and for a non-private purpose is designed and constructed in a way to ensure it is able to support its intended loads, having regard to its relevant loading matters.

The design and construction of the jetty or pier is consistent with the following standards — (a) subject to paragraph (c), a jetty or pier accessible to vehicular traffic is able to support at least the following — (i) a distributed live load of 5.0kPa; (ii) a concentrated live load of 4.5kN; (iii) the load of the largest vehicle capable of being on or moored at the jetty or pier; (b) subject to paragraph (c), a jetty or pier not accessible to vehicular traffic is able to support at least the following— (i) a distributed live load of 5.0kPa; (ii) a concentrated live load of 4.5kN; (c) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) or (b) — the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a) or (b).

The new proposed access ramp and berth on the Perry Harvey Jetty has been designed in accordance with AS4997(Guidelines for the design of marine structures) and will support load limits specified in PO16.2(b).

16.3 Prescribed tidal work that is a jetty or a pier is designed and constructed in a way to ensure it remains above water at all times.

The design and construction of the jetty or pier is consistent with the following standards — (a) subject to paragraph (b), either— (i) the level of the deck of a jetty or pier is at least300mm above the water at highest astronomical tide; or (ii) piles or other markers indicate the presence of the jetty or pier w hen it is inundated; (b) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) —the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a).

The proposed access ramp and berth has been designed to ensure suitable access for vessels at a range of tidal levels.


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16.4 Prescribed tidal work that is a jetty or pier and for a private purpose is designed and constructed in a way to ensure it is of a size suitable for maritime use while still minimising the amount of tidal water occupied by it.

The design and construction of the jetty or pier is consistent with the following standards— (a) subject to paragraph (b), all parts of the deck of a jetty or pier have a width of at least 900mm and not more than 3m; (b) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a)—the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a).

The proposed new access ramp and berth on the jetty has been designed to be of sufficient length to support tidal access, provide safe disable access and is of a size that meets the minimum required standards.

Design, construction and safety – pontoons

18.2 Prescribed tidal work that is a pontoon, for a non private purpose, and not used only for rowing, is designed and constructed in a way to ensure it is able to support its intended loads, having regard to its relevant loading matters.

The design and construction of the pontoon is consistent with the following standards— (a) subject to paragraph (c), a pontoon open for use by the general public or used for a commercial purpose is able to support at least the following— (i) a distributed live load of 3.0kPa; (ii) a concentrated live load of 4.5kN; (b) subject to paragraph (c), a pontoon other than a pontoon mentioned in paragraph (a) is able to support at least the following— (i) a distributed live load of 2.0kPa; (ii) a concentrated live load of 4.5kN; (c) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) or (b)—the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a) or (b).

Complies - The proposed pontoon and walkway has been designed and signed off by RPEQ. The pontoon has also been assessed against the load created during a flooding event and found to be ok with the extra load.


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18.4 Prescribed tidal work that is a pontoon designed and constructed in a way to ensure any load applied to the pontoon by a person or thing on the pontoon does not cause the pontoon to tip over or tilt to a degree causing the person or thing to fall off the pontoon.

The design and construction of the pontoon is consistent with the following standards - (a) subject to paragraph (f), a pontoon's access walkway extends at least 500mm onto the pontoon's flotation unit; (b) subject to paragraph (f), a pontoon's access walkway is constructed with a material that has a non-slippery surface; (c) for a pontoon used only for rowing - subject to paragraph (f), at least 70mm of height of the flotation unit remains above the water over which it is constructed if a distributed live load is applied to half of the surface of the pontoon's flotation unit and all of the surface of the pontoon's access walkways; (d) for a pontoon other than a pontoon mentioned in paragraph (c) - subject to paragraph (f), the top surface of the pontoon's flotation unit remains above the water over which it is constructed if a distributed live load of 1.5kPa is applied to half of the surface of the pontoon's flotation unit and all of the surface of the pontoon's access walkways; (e) subject to paragraph (f), the whole base of the pontoon's floatation unit remains in contact with the water over which it is constructed at all times and tilts no more than 15 degrees at any time; (f) if the relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a), (b), (c), (d) or (e) - the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a), (b), (c), (d) or (e).

Complies - As explained above the design for the pontoon and walkway has been assessed and signed off by a RPEQ.


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18.5 Prescribed tidal work that is a pontoon is designed and constructed in a way to ensure it remains above the water at all times.

The design and construction of the pontoon is consistent with the following standards - (a) subject to paragraph (b) the pontoon's abutment is located no less than 300mm above the water at high water mark; (b) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) - the relevant planning scheme standard, to extent it is more stringent than the standard mentioned in paragraph (a).

Complies - The design shows the pontoon located on the water at all times with its movement up and down with the tide on two support piles.

18.6 Prescribed tidal work that is a pontoon is designed and constructed in a w ay to ensure the pontoon’s flotation unit will rise and fall to allow for changes in tidal water levels.

The design and construction of the pontoon is consistent with the following standards— (a) for a pontoon located in an area prone to flooding — subject to paragraph (c), the pontoon’s flotation unit is moored by piles; (b) for a pontoon other than a pontoon mentioned in paragraph (a)—subject to paragraph (c), the pontoon’s flotation unit is— (i) attached, through the pontoon’s system f or mooring the unit, to concrete anchors in the bank landward of the pontoon; or (ii) moored by piles; (c) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) or (b) — the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a) or (b).

It is proposed to construct a new floating walkway adjacent to the rock breakwater to alleviate congestion. The floating walkway is a standard design that will allow use during changing tidal conditions to boaties.


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Design, construction and safety – retaining walls, revetments and seawalls

19.1 Prescribed tidal work that is a retaining wall, revetment or seawall, is designed and constructed in a way to ensure it is able to support its intended loads, having regard to its relevant loading matters.

The design and construction of the retaining wall, revetment or seawall is consistent with the following standards - a) subject to paragraph (b), a retaining wall, revetment or seawall is able to support at least a distributed live load of 3.0kPa b) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) – the relevant planning scheme, to the extent it is more stringent than the standard mentioned in paragraph (a).

Complies. The seawall design is able to support a load of 3.0kPa.

19.2 Prescribed tidal work that is a retaining wall, revetment or seawall, is designed and constructed in a way to ensure it can withstand a) any tendency of overturning or sliding; and b) any other effects of waves or changes in water levels on the retaining wall, revetment or seawall.

The design and construction of the retaining wall, revetment or seawall is consistent with the following standards - a) subject to paragraph (c), a retaining w all, revetment or seawall has a factor of safety of no less than 1.5 b) subject to paragraph (c), a retaining wall, revetment or seawall is able to withstand the effect of waves, or waves and water levels, resulting from a storm or other natural event of a magnitude that has a 2% or lower probability of occurring in any calendar year. c) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) or (b) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a) or (b).

Complies. All marine based works have been designed with a safety factor of no less than 1.5 and for a 200 yr. ARI design event.


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Design, construction and safety – retaining walls, revetments and seawalls

19.3 Prescribed tidal work that is a retaining w all, revetment or seawall not founded upon rock, is designed and constructed to protect the seaward side of retaining wall, revetment or seawall f rom erosion.

The design and construction of the retaining w all, revetment or seawall is consistent with the following standards - a) subject to paragraph (c), a retaining w all, revetment or seawall provides for a sub-layer or enough filter material to ensure it is reasonably likely to remain in place for at least 50 years. b) subject to paragraph (c), the bottom edge of the base of a retaining w all, revetment or seawall is reasonably likely to prevent any adverse effects from potential erosion of the soil under the retaining wall, revetment or seawall for at least 50 years c) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) or (b) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a) or (b).

Complies. The proposed marine based works have been designed to minimise the effects of scouring and resultant sediment transfer through the use of appropriate armour design. As well as additional toe and end protection. The works have been designed for a 50 year life and for a 200yr. ARI design event.

19.4 Prescribed tidal work that is a retaining wall, revetment or seawall is not adversely affected by hydrostatic pressure behind the retaining wall, revetment or seawall.

The design and construction of the retaining wall, revetment or seawall is consistent with the following standards - a) subject to paragraph (b), a retaining w all, revetment or seawall provides for drainage holes, and suitable filter material behind the holes, to relieve any hydrostatic pressure behind the retaining wall, revetment or seawall. b) if a relevant planning scheme standard is more stringent than the standard mentioned in paragraph (a) – the relevant planning scheme standard, to the extent it is more stringent than the standard mentioned in paragraph (a).

Complies. Drainage will be provided through all seawall and reclamation works through the use of rock armour design and geotextile separators.


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Referrals:

The proposed development triggered referral to the Department of State Development, Infrastructure and Planning (DSDIP) as a Concurrence Agency as the proposed Operational Works for Prescribed Tidal Works within a Coastal Management District and the removal, destruction or damage of a marine plant. The Department of State Development, Infrastructure and Planning (DSDIP) has issued reasonable and relevant conditions upon approval of this development application.

Conclusion:

"The application is generally consistent with the requirements of the Prescribed Tidal Works Code and therefore the proposed application for Prescribed Tidal Works (Perry Harvey Jetty & Clump Point Boat Ramp) is recommended for approval," subject to reasonable and relevant conditions. Link to Corporate Plan:

Outcome 4.4 – Compliance with legislative obligations 4.4.1 Ensure compliance with our legislative obligations. 4.4.2 Enforce the Council’s own regulations in a consistent and fair manner. Link to Corporate Plan:

Outcome 4.9 – Establish and maintain good governance practices 4.9.1 Complete the integration of the amalgamation. 4.9.2 Ensure that decision making is transparent and is consistent with the Council’s adopted plans. 4.9.3 Review the Council’s electoral divisional arrangements. 4.9.4 Establish a long‐term Corporate Governance Framework.

4.9.5 Advocate and provide leadership for the region on issues that are not directly under the control of the Council, but which are important to the future of our community. Consultation: Director Planning & Environmental Services Legal Implications (Statutory basis, legal risks):

Minimal Policy Implications: Nil


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Risk Implications (Corporate, Operational, Project risks): Minimal Financial & Resource Implications: Appeal Costs Report prepared by:



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7.6 DRUMMUSTER PROGRAM

Author & Officer's Title: Mark Allpress -Manager Environmental Services


Executive Summary:

As part of the Kerbside Collection roll out, the method of service delivery of the DrumMuster program will require change as the Waste Section will no longer have labour to undertake the on-farm collection service for clean chemical drums. The recent discovery of Panama T4 will limit the options available in delivery of this service to a drop off service only. Recommendation:

"That: (1) the current level of service for the northern area of the Cassowary Coast for

DrumMuster be adopted for the whole region and any “on-farm” DrumMuster collection service by Council be discontinued as of 1 July 2015; and

(2) provision for a DrumMuster drop-off centre to be established at Cardwell Waste

Transfer Station be included for consideration during the 2015/2016 budget deliberations; and

(3) Council provide advice to all customers involved in the “on-farm “collections of

the change."

Background: DrumMuster is a national product stewardship program that is supported by AgVet chemical manufacturers, industry stakeholders which includes member and farming associations, state and local governments. Working hand-in-hand with local councils and other collection agencies, DrumMuster has established collection facilities all over Australia and since its inception in 1998 the program has recycled over 20 million containers. DrumMuster program in this region initiated in 1999 and so far the program has been able to recycle 216816 drums through 5 registered sites:

Stoters Hill Waste Management Facility

Tully Waste Management Facility

Bells Creek Waste Management facility

Southern On-farm Collection

Northern On-farm Collection


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On farm collection is a process where used agricultural chemical drums get inspected and collected on the farm. This process has been carried out in two different ways in northern and southern regions. In North- farmers brought in their clean chemical drums to Stoters Hill and Bells Creek waste management facilities. DrumMuster contractor provided on site collection services to clients who produce large amount of drums. This service is currently paid by the council and reimbursement claimed from DrumMuster for these costs. In South- CCRC day labour is utilized to provide on-farm collection service to all farming properties. Those subscribed properties are currently getting charged a fee of $99 per annum. After the commencement of the new CCRC kerbside collection contract on 3 August 2015, waste services will no longer have day-labour to provide on-farm collection service. This options paper discusses the alternatives that CCRC could implement in response to these changes. Economics of Operation Northern system of operation is cost neutral i.e. all the costs involved in employing the DrumMuster contractor is getting reimbursed. Table 1: 03/05/2014- 03/05/2015 (Current Operation) Cost Reimbursed /Rates income

Northern Operations &Transfer stations

$8182.85 (Contractor costs) $8182.85 (Reimbursement)

Southern On-farm collections $17408.00 on salaries (512* $34 hourly rate) Plant Hire = $13312.00

$9405.00 from industrial waste charges on rates ($99*95) + $3886.61 (Reimbursement)

Total $30702.00 $13291.61

Deficit -$17410.39

Training All DrumMuster inspectors have to be trained by AgSafe for inspecting and handling chemical drums.


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Options for the Change in Operations: On-farm pickups Option 1: Providing On-farm collection service to both northern and southern region Cost Income

Salaries/Wages – $42500.00 (1250*$34) Plant Hire – (1250*26) =$32500

Industrial waste charges on rates =$20900.00 ($110*190) *increase fee by $11 Reimbursement = $7773.22

Total $75000 $28673.22

Deficit $46326.78

The viability of the on farm collection service is questionable unless there is a significant increase in the current charge rate to address this ie: a fee in the order of $340.00pa (up from $99) would be needed to break even. With the system being voluntary it is anticipated that the number of participants would fall drastically. With the recent Panama T4 outbreak and the introduction of onsite quarantine practices by many farmers, the ability to undertake on farm pick ups is no longer considered viable. Option 2: Employing current northern system Under this system, DrumMuster contractor provides on site inspection and collection service to farming properties that produce more than 700 drums per collection. Council initially pays the contractor and updates DrumMuster database. This cost then gets reimbursed through the program (cost neutral). The purpose of this is to prevent overwhelming quantities reaching waste management facilities in a single occurrence which leads to practical complications in inspecting significantly large numbers of drums. All other farming properties that produce less than 700 drums are responsible to self haul to the nearest drop off station. The Northern drop off service with limited on farm collection by a contractor is fully funded (costs reimbursed). Discussions with the Drum Processing contractor has indicated he is willing to expand the service to larger producers in the South. This would come at no cost to Council (fully reimbursed by DrumMuster). At present the only drop off station available in the southern district is at Tully WTS and a second site is needed to address the geographic spread of farms across the southern district at Cardwell WTS. The cost of establishing a secure drum compound at this site will be supported by DrumMuster. The only cost which Council would incur is the cost to run the drum inspection service. Subloo’s who man this site have indicated they will be prepared to provide this service (currently do this at Tully, Bells Creek and Stoters Hill WTS) for an estimated cost of $5000pa. In return Council will be able to claim .17c/drum from DrumMuster. Naturally the option exists not to provide a drop off service for the Cardwell district.


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This self haul system is currently working in the northern region for 15 years and more likely to be accepted by the farmers in the south and provides a far cheaper means of providing a drum disposal service. This option also gives the farmers the ability to control their own quarantine for their properties. Option 3: Unsubscribing from DrumMuster program This option leaves farmers to organise their own registered DrumMuster sites and scheduled collections. Council wears no responsibility on management of the program. From a waste management point of view this option presents problems with producers possibly falling back into old practices of not washing drums, illegal dumping or improper disposal of drums. In addition we end up with large quantities of drums still requiring disposal. This option is less likely to be socially acceptable and rather unpopular amongst the farming community. Link to Corporate Plan: 5.2 Delivering Smart Sustainable Community Infrastructure

a) Provide and manage sustainable community facilities to meet the needs of a

changing community and encourage multiple uses.

b) Maintain and enhance the operation of existing waste management sites and investigate options for alternative waste technology and methods of disposal.

c) Undertake planning to identify environmentally suitable sites for waste disposal for the medium and long term.

Consultation: DrumMuster, DrumMuster Contractor, Subloo’s, Coordinator Waste Subhash Hathurasingha. Legal Implications (Statutory basis, legal risks): Need exists to enter into an agreement with Subloos to operate a DrumMuster drop-off point at the Cardwell Transfer Station. Policy Implications: Provides for a standard service across the whole region. Risk Implications (Corporate, Operational, Project risks): CCR0001006 - Landfill causing environmental harm Risk of not providing service: Disposal issue with drums coming to facilities not clean - improper disposal. Risk in change of service: Southern farmers used to having someone to do service for them for little cost & effort - criticism of Council for service reduction. Risk in doing on farm collection: high cost to carry out service and resistance to pay. Panama TR4 impacts of gaining access to farms and increased operational costs due to quarantine compliance.


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Financial & Resource Implications: Financial & resource implications contained in Background section of report under Options for the Change in Operations. Report prepared by:

Mark Allpress -Manager Environmental Services Report authorised by: John Pettigrew - Director, Planning & Environmental Services Report created date: 16 April 2015


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8. CORPORATE

8.1 CORPORATE SERVICES FINANCIAL REPORT MARCH 2015

Author & Officer's Title: Andrew Page - Manager Finance


Executive Summary:

The purpose of this report is for Council to receive the Financial Report for the period ending 31 March 2015 prepared on 10 April 2015. The Director Corporate Services and the Manager of Finance will be available at the Council meeting to answer any questions Councillors may have. Recommendation:

“That the report be received and noted.”

Background: The Chief Executive Officer is required by Section 204 (2) of the Local Government Regulation 2012 to present the financial report at a meeting of the Local Government once a month. The financial report must state the progress that has been made in relation to the Local Government's budget for the period of the financial year up to a day as near as practicable to the end of the month before the meeting is held. Link to Corporate Plan: A Customer Focused Organisation

1.3 Responsible Financial Management a) Ensure operating surpluses in Council's Annual Budget. b) Manage debt within financial sustainable levels. c) Maximise funding from external sources

Consultation: Nil Legal Implications (Statutory basis, legal risks): Compliance with financial management policies and principles as set down in the Local Government Finance Standards and requirements of the Local Government Act. Policy Implications: Nil Risk Implications (Corporate, Operational, Project risks): CCR0000901 - Lack of Resources


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Financial & Resource Implications: Council adopted the 2014/15 Original Budget on 8 July 2014. On the 12 February 2015 Council adopted its second quarterly review. The attached reports reflect the year to date revenue and expenditure figures across all adopted budget programs, and include various reports on Council's financial operations. Summary information

• Cash position has decreased from $64.8M to $63.6M. • Operational expenditure is below budget on a pro-rata basis – currently at 71%

against a budget of 75%. • Capital expenditure (including commitments) to date is $31.2 million which equates to

66% of budget. NDRRA projects are currently at 87% of completion. Significant operational variances (>10%) and proposed corrective actions:

Expenses:

Community Development & Services Housing Services – Numerous Projects

Timing issue due to the issue of rates. No corrective action required.

Community Facilities Minor Infrastructure Project 100683 - Hire Equipment Setup $10,519 over budget. Wages are budgeted under Project 100460 - Parks

To be reassessed at the nine monthly review.

Marine Facilities Marine Facilities Program Support Project 100113 – Marine facilities Internal Charges $760 over budget

Timing issue due to the issue of rates. No corrective action required.

Transport Transport Program Support Project 100076 – Transport Program Support $23,881 Contractor costs over budget.

Contractor costs to be investigated and budget transferred from other areas within the works department at the nine monthly review.

Income:

Community Development & Services Community Development and Services Program Support – Numerous Projects

Timing issue of Grants receipts. No corrective action required.

Community Facilities Building Facilities Project 100679 – Corporate Buildings Program Support $16,900 Rental Income received higher then budget. Project 100603 – Graffiti Stop $20,523 grant received not budgeted for.


Parks and Open Space Parks/Open Spaces Project 100460 – Trainee Subsidy $12,500 received not budgeted for

No corrective action required as of yet but will reassess at the nine monthly review.

Disaster Disaster Management Project 100701 – Disaster Management $4,077 fees received not budgeted for. $8,858 grant received higher then budget.



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Income (Cont'd…)

Rates, Clients and Business Systems Rates & Properties Project 100693 Rates Levy

Timing of rates levy. No corrective action required.

Human Resources Project 100646 – Human Resources $791 over budget


Workplace Health and Safety Project 100647 - Workplace Health and Safety $12,000 grants budget with no grants received as at March 2015.

To be investigated in the nine monthly review.

Waste Management Waste Management Project 100709 – Waste Administration Support


Engineering Engineering Services 100059 – Engineering Planning & Studies $53,781 Grants not budgeted for. 100063 – Natural Disaster Mitigation $23,851 grants not budgeted for.


Sewerage Sewerage Program Support Project 100155 – Sewerage Program Support Project 100155 reimbursement of course fee $5,400 received not budgeted for.

Timing of rates levy. No corrective action required. To be reassessed at the nine monthly review

Transport Transport Program Support 100076 – Transport Program Support


Water Water Program Support Project 100120 – Water Program Support


Works Productivity & Performance Works – Recoverable Services Project 100041 Civil External Works and Project 100042 Water External Works – under budget.

To be investigated in the nine monthly review.

Report prepared by:

Andrew Page - Manager Finance Report authorised by: Peter Cochrane - Director, Corporate Services Report created date: 10 April 2015


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8.2 QUARTERLY PROGRESS REVIEW - CCRC OPERATIONAL PLAN 2014/15 AS AT 31 MARCH 2015

Author & Officer's Title: Nancy Gassin - Corporate Governance Coordinator


Executive Summary:

The Council adopted its 2014/15 Operational Plan on 26 June 2014. The Operational Plan outlines the activities proposed to be undertaken during the 2014/15 financial year which will contribute to the achievement of the strategies outlined in the Corporate Plan. The third quarter review of the 2014/15 Operational Plan has been completed and a copy is provided 'under separate cover' due to its size. Recommendation:

“That the quarterly review of the 2014/15 Operational Plan to 31 March 2015 be received and its contents noted.”

Background: Attached for the information of Councillors is the third progress report for the 2014/15 financial year which highlights the outcomes achieved against the individual activities identified to address key strategies and objectives as outlined in Council's Corporate Plan 2013-2017. You will note that a colour-coded system has been used to illustrate the status of the activity or projects. Officers have been asked to categorise the status of the activities as follows: 1. On Target where an activity has been completed or is on track to meet the targets

2. On Watch where an activity is progressing outside of scheduled timeframes or has not commenced

3. Requires Action

where an activity is not on track and will require action in order to achieve the targets. If 'Red' is selected, a comment or explanation must be provided.

A percentage complete section has been retained as a quick indicator of progress towards achieving the respective Key Performance Indicator. Where a particular activity has an associated risk identified (one which has been registered in Council’s Jardine Risk System), it is referenced below the percentage complete section. This provides an indicator to staff to review the identified risk and associated controls and actions when undertaking this activity. Brief comments have been included when considered appropriate.


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Link to Corporate Plan: A Customer Focused Organisation Key Strategies

5.1 Strong Governance and Risk Awareness b) Manage and govern the organisation according to our stated values, ensuring


d) Ensure the administration of the region is governed through open and transparent decision-making and reporting processes

Consultation: Each Department has provided input into the preparation of the progress report. Legal Implications (Statutory basis, legal risks): Compliance with the requirements under the Local Government Regulation 2012. Policy Implications: Nil Risk Implications (Corporate, Operational, Project risks): Corporate - Risk Reference CCR0002008 - Inadequate Governance Rating - 76 (High), Likelihood - Unlikely Consequences - Catastrophic. Financial & Resource Implications: The 2014/15 budget reflects the activities outlined in the Operational Plan. Report prepared by:

Nancy Gassin - Corporate Governance Coordinator Report authorised by: Peter Cochrane - Director, Corporate Services Report created date: 14 April 2015


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9. NOTICE OF MOTION

Nil

10. GENERAL BUSINESS

Nil

11. CONFIDENTIAL

Nil

Documents

AGENDA - Cassowary Coast Region€¦ · 23/04/2015 · Applicant 3 – Sonsational Creations Purpose: The grant will be used towards the costs of producing and exhibiting 'Jadella