Council Meeting Agenda 4 March 2015

Ordinary Meeting

Council Chambers Date: 4 March 2015

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 04 MARCH 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda Wednesday 04 March 2015

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

REGIONAL LAND USE PLANNING ............................................................................................ 5 ITEM-1 Bright Acquisitions Pty Ltd - MCU - Accommodation Units, Caravan Park,

Dwelling House, Educational Establishment, Host Farm, Motor Home Park, Residential Units, Shop and Associated Uses- Lot 560 NR6544 - 186 Tinaroo Creek Road, Mareeba - DA/14/0064 ........................................................................ 5

ITEM-2 Kanjini Co-Op Ltd - Material Change of Use - Caretaker's residences (x2) and Caravan Park (Bush Camping) Lot 68 RP896905 - 545 Kay Road, Mareeba - DA/14/0054 ............................................................................................................ 81

ITEM-3 A Donnelly - Reconfiguring a Lot - Subdivision (1 into 3 Lots & Access Easement) - Lot 21 on SP171157 - 2577 Kennedy Highway, Koah - DA/14/0036 .......................................................................................................... 127

ITEM-4 Application for Conversion of GHPL to Freehold - Lot 137 on DA390, Parish of Southedge ............................................................................................................ 149

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

TECHNICAL SERVICES ......................................................................................................... 155 ITEM-5 Kuranda Community Precinct ............................................................................... 155

CHIEF EXECUTIVE OFFICER ................................................................................................... 159

ORGANISATIONAL DEVELOPMENT ..................................................................................... 159 ITEM-6 Attendance at LGAQ Finance Summit .................................................................. 159

BUSINESS WITHOUT NOTICE .................................................................................................. 161

NEXT MEETING OF COUNCIL .................................................................................................. 161


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CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING

ITEM-1 BRIGHT ACQUISITIONS PTY LTD - MCU - ACCOMMODATION UNITS, CARAVAN PARK, DWELLING HOUSE, EDUCATIONAL ESTABLISHMENT, HOST FARM, MOTOR HOME PARK, RESIDENTIAL UNITS, SHOP AND ASSOCIATED USES- LOT 560 NR6544 - 186 TINAROO CREEK ROAD, MAREEBA - DA/14/0064

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 4 March 2015

REPORT OFFICERS TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS

APPLICATION PREMISES

APPLICANT Bright Acquisitions Pty Ltd ADDRESS 186 Tinaroo Creek Road, Mareeba

DATE LODGED 21 November 2014 RPD Lot 560 on NR6544

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Accommodation Units, Caravan Park, Dwelling House, Educational Establishment, Host Farm, Motor Home Park, Residential Units, Shop, Tourist Facility and Ancillary and Associated Uses and the retention of Existing Rural Activities or Pursuits

FILE NO DA/14/0064 AREA 50.7 hectares

LODGED BY Victor G Feros Town Planning Consultants

OWNER Bright Acquisitions Pty Ltd

PLANNING SCHEME

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

ZONE Rural

LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS Two (2)


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ATTACHMENTS: 1. Proposal Plan/s 2. Department of State Development, Infrastructure and Planning

referral agency response dated 17 December 2014. 3. Submitter letters 4. Applicants response to matters raised by submitters

EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is impact assessable and two (2) properly made submissions were received in response to public notification of the application. The applicants propose the redevelopment of the former TAFE/Agricultural College located on Tinaroo Creek Road, Mareeba. The redevelopment will utilise most of the former college infrastructure and will include integrated tourist accommodation facilities as well as training and conference facilities. The application and supporting material has been assessed against the relevant statutory planning instruments including the FNQ Regional Plan, the State Planning Policy, and the Mareeba Shire Planning Scheme (including DEO's, Codes and Policies) and does not significantly conflict with any relevant planning instrument. The key issues of the proposed development are the provision of additional vegetation buffering to Tinaroo Creek Road and the adjoining fruit orchard and some limited widening of Tinaroo Creek Road. Draft conditions were provided to the Applicant care of their consultant and have been agreed. It is recommended that the application be approved in full with conditions.

OFFICER'S RECOMMENDATION

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

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

APPLICATION PREMISES

APPLICANT Bright Acquisitions Pty Ltd ADDRESS 186 Tinaroo Creek Road, Mareeba

DATE LODGED 21 November 2014 RPD Lot 560 on NR6544

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Accommodation Units, Caravan Park, Dwelling House, Educational Establishment, Host Farm, Motor Home Park, Residential Units, Shop, Tourist Facility and Ancillary and Associated Uses and the retention of Existing Rural Activities or Pursuits


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Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment managers advice in (D), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); And The assessment manager does consider that the assessment managers decision conflicts with a relevant instrument.

(A) APPROVED DEVELOPMENT: Development Permit for Material Change of Use -

Accommodation Units, Caravan Park, Dwelling House, Educational Establishment, Host Farm, Motor Home Park, Residential Units, Shop, Tourist Facility and Ancillary and Associated Uses and the retention of Existing Rural Activities or Pursuits

(B) APPROVED PLANS:

Details of the conflict with the relevant instrument

Reason for the decision, including a statement about the sufficient grounds to justify the decision despite the conflict

Residential Units are listed as an inconsistent land use in the Rural zone.

Both dwelling houses to be used as residential units already exist on the subject land. The application simply seeks to lawfully continue the occupation of both dwelling houses as was previously permitted during the operation of the former Mareeba TAFE/Agricultural College.

Plan/Document Number

Plan/Document Title Prepared by Dated

Figure 16 Setback and Buffer Considerations

Victor G Feros Town Planning Consultants

November 2014

Sheet 1 Proposed Master Plan Victor G Feros Town Planning Consultants

20 November 2014

Sheet 2 Proposed Master Plan - Northern Precinct


20 November 2014

Sheet 3 Proposed Master Plan - Northern Precinct Detail


20 November 2014

Sheet 4 Proposed Master Plan - Western Precinct


20 November 2014

Sheet 5 Proposed Master Plan - Southern Precinct


20 November 2014

Sheet 6 Proposed Ground Floor Plan


20 November 2014

Sheet 7 Proposed First Floor Plan Victor G Feros Town Planning Consultants

20 November 2014

n/a Staging Plan Victor G Feros Town Planning Consultants

November 2014

n/a Staging Schedule Victor G Feros Town Planning Consultants

n/a

n/a Access Plan Victor G Feros Town Planning Consultants

November 2014


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

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

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

- to ensure compliance with the following conditions of approval.

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

satisfaction of Councils delegated officer prior to the commencement of the use in accordance with the Staging Plan dated November 2014 and the Staging Schedule dated November 2014 except where specified otherwise in these conditions of approval.

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

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

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

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

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

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

3.5 Noise Nuisance Refrigeration equipment, pumps, compressors and mechanical ventilation systems must be located, designed, installed and maintained to achieve a maximum noise level of 3dB(A) above background levels as measured from noise sensitive locations.


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3.6 Waste Management The applicant shall ensure there is no on site disposal of refuse associated with the development use unless such refuse is disposed of in refuse bins provided in accordance with the following: (i) No refuse is to be stored on site outside the refuse bins at any time.

(ii) On site refuse storage area for all refuse bins must be provided and

be screened from view from adjoining properties and road reserve by a 1 metre wide landscaped screening buffer, 1.8m high solid fence or building.

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

3.8 Bushfire Management A Bushfire Management Plan, incorporating evacuation procedures for the development, must be prepared to the satisfaction of Council's delegated officer. The approved use must comply with the requirements of the Management Plan at all times.

3.8 Length of Stay The maximum length of stay for the accommodation units, caravan park, host farm, motor home park and tourist facility aspect of the development must not exceed 3 consecutive months.

3.9 Signage (i) No more than 2 advertising signs for the approved development are

permitted on the subject site.

(ii) Signs must not exceed 4.2 metres x 1.5 metres or a maximum area of 6.3m2.

(iii) The sign/s must be kept clean, in good order and safe repair for the life of the approval.

(iv) The sign/s must be removed when no longer required.

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

3.10 Notification of Potential Rural Zone Impacts The applicant is to erect a sign at or near the reception building advising guests that the subject land is zoned Rural under the Mareeba Shire


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Planning Scheme 2004 and is in a Rural zoned locality. Guests should take note: - The locality may be used for intensive rural uses;

- The land and its occupants may experience off site rural activity

effects, including noise, sprays and dust that may cause a loss of residential amenity. Existing and/or self-assessable agricultural and rural uses in the locality have a right to farm or a right to legally continue the use.

4. Infrastructure Services and Standards 4.1 Access

Prior to the commencement of the use, the applicant, or the applicants Engineer, shall lodge an engineering plan of the proposed intersection of the developments access with Tinaroo Creek Road for approval by Council or its delegated officer. The proposed intersection and access design will incorporate provision for traffic coming from the Kennedy Highway to perform safe right hand turns into the property whilst catering for through (non turning) traffic movements. The intersection design shall generally comply with the requirements of a BAR (basic right turn treatment) and line marked in accordance with MUTCD and the Road Planning and Design Manual. The design will incorporate a sealed access from the existing sealed pavement to the property boundary with provision for drainage if required in accordance with the requirements of the FNQROC Development Manual. Prior to the commencement of the use, the applicant shall construct the proposed intersection of the development's access with Tinaroo Creek Road in accordance with the approved engineering plan and to the satisfaction of Councils delegated officer.

4.2 Roadworks External Construction Prior to the commencement of the use of the Western Precinct, Southern Caravan Precinct or the acceptance of caravans (excluding temporary construction camp) or motorhomes on the subject land, the applicant shall widen 130 metres of Tinaroo Creek Road on its northern side by 0.5 metres commencing at a point approximately 135 metres east of Fichera Road. These works must be carried out in accordance with FNQROC Manual standard to the satisfaction of Councils delegated officer, OR Pay to Council a road construction contribution of $6175.00 and indexed in accordance with Councils Policy towards the upgrading of Tinaroo Creek Road. This contribution can be utilised by Council as and when Council considers that such upgrading works are required on Tinaroo Creek Road or as part of other upgrading works on this road.


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4.3 Stormwater Drainage/Water Quality 4.3.1 The applicant must take all necessary steps to ensure a non-

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

4.3.2 Prior to the development commencing, the applicant must develop a Stormwater Quality Management Plan, including an Erosion and Sediment Control Plan. The plan must detail what measures will be implemented to prevent erosion in the event any unsealed surfaces within the development deteriorate due to wet weather and/or high traffic.

4.3.3 All stormwater must be discharged to a legal point of discharge.

4.3.4 The applicant must ensure that the Stormwater Quality Management Plan is complied with for the life of the development.

4.4 Car Parking/Internal Driveways The applicant must ensure that the development is provided with on-site car parking spaces which are available solely for the parking of vehicles associated with the use of the premises. The car parking numbers for each aspect/stage of the development shall be in accordance with Table 2 - Car Parking Requirements of the Town Planning Report (VGF-C970) prepared by Victor G Feros Town Planning Consultants. All car parking spaces and internal roads for the respective stage/s must be surfaced to at least the standard identified on the Access Plan Dated November 2014 and appropriately drained prior to the commencement of the use, to the satisfaction of Council's delegated officer. The existing main access drive must be maintained in a sealed condition. Prior to works commencing, the developer must submit engineering plans and specifications for the construction of proposed car parking facilities and internal driveways demonstrating:

Compliance with Australian Standard AS2890:1 Off Street Parking Car Parking Facilities;

Compliance with Australian Standard AS2890.3 Bicycle Parking Facilities (if required);

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

4.5 Landscape and Fencing

Prior to the commencement of the use, the applicant / developer must prepare and submit a landscape plan for consideration and approval by Councils Delegated Officer.


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The landscape plan must illustrate, at minimum:- (i) A 5-10 metre wide landscape buffer along Tinaroo Creek Road

frontage of the Campsite Precinct. Such landscape works shall be undertaken prior to the commencement of the development phase incorporating the Campsite Precinct and shall be carried out in accordance with the endorsed landscape plan.

(ii) A 2.2 metre high steel sheeting fence along 50 metres of the

common boundary with Lot 5 on SP149571, immediately to the west of the northern precinct / temporary construction camp and a 3 to 5m wide landscape buffer located on the subject site side of the fence. Such fencing and landscape works shall be undertaken prior to the commencement of the first stage of the use and shall be carried out in accordance with the endorsed landscape plan.

The landscape buffers should include shrubs and trees that will grow to form an effective visual buffer of no less than three (3) metres in height and shall be mulched irrigated and maintained for the life of the approved development to the satisfaction of Councils Delegated Officer.

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

4.7 Water Supply (i) The development must be provided with a potable water supply that

satisfies the standards for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council).


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(ii) All non-potable water supplied to visitors must be clearly labelled at each tap - Non Potable Water - not safe for Human Consumption.

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

(D) ASSESSMENT MANAGERS ADVICE (a) A number of charges or payments may be payable as conditions of approval.

The applicable fee is set out in Councils Fees & Charges Schedule for each respective financial year.

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

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

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

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

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

(g) Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the cultural heritage duty of care). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against


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the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au.

(h) Motor Home Park/Caravan Park/Camping Ground The applicant is advised that an application to Council for approval to operate under Mareeba Shire Council Local Law No 1 (Administration) 2011 is required prior to the commencement of the motor home park/caravan park/camping ground.

(E) CONCURRENCE AGENCY CONDITIONS

Department of State Development, Infrastructure and Planning conditions dated 17 December 2014.

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

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

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

Development Permit for Building Work

Development Permit for Operational Works

(H) OTHER APPROVALS REQUIRED FROM COUNCIL

Compliance Permit for Plumbing and Drainage Work."

THE SITE

The subject site is situated at 186 Tinaroo Creek Road, Mareeba and described as Lot 560 on NR6544, Parish of Tinaroo, County of Nares. Before its recent sale, the subject site was formerly used as the Mareeba Farm Technical and Further Education (TAFE) College. The site is irregular in shape with a total area of 50.7 hectares and is zoned Rural under the Mareeba Shire Planning Scheme. The Planning Scheme's agricultural land quality mapping also identifies the majority of the site as containing Good Quality Agricultural Land (GQAL). The site contains approximately 940 metres of frontage to Tinaroo Creek Road which is constructed to bitumen sealed standard for this entire frontage and back to its intersection with the Kennedy Highway. The site is improved by a variety of buildings associated with the former purpose built training and education (TAFE) facility and are situated in two separate clusters along the western side of the site. The northern cluster of improvements includes:

A two-level administration building including offices, classrooms, staff/student amenities and kitchens;

A recreation building;

A storage building;


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A horticultural training building;

Cafeteria;

Single-storey classrooms; and

Bitumen sealed car parking facilities. The southern cluster of improvements includes a three bedroom dwelling (previously used as caretaker's residence), two engineering workshops and other ancillary sheds previously used for tobacco production on site. The majority of the site remains cleared and was previously used for agriculture in conjunction with the TAFE College, as was a small orchard situated along the western side of the site.

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


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

The site generally slopes from its Tinaroo Creek Road frontage in a south-westerly direction down to Tinaroo Creek which adjoins the rear of the site (190m frontage). A number of gullies traverse the rear half of the site and eventually drain to Tinaroo Creek. Those sections of the site not cleared for agriculture remain covered in scattered non-remnant vegetation with a small portion of Remnant Vegetation of Least Concern Regional Ecosystem and Category R Reef regrowth watercourse vegetation present towards the very rear of the lot. All surrounding allotments are zoned Rural and contain a range of rural uses including sugar cane production, tree cropping and hay production.

BACKGROUND AND CONTEXT The subject site was previously used as the Mareeba Farm TAFE College, a purpose-built tertiary rural education establishment and training facility servicing the Tablelands Region and more recently as the Mareeba campus of the Australian Agricultural College. In November 2013 the site was by sold by the Queensland Government to Bright Acquisitions Pty Ltd. The buildings, structures and infrastructure associated with the former educational establishment use have been retained on the site. Apart from general maintenance undertaken since the purchase of the land, the educational infrastructure on the site has remained unutilised.


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PREVIOUS APPLICATIONS & APPROVALS Nil

DESCRIPTION OF PROPOSED DEVELOPMENT

The development application seeks a Development Permit for Material Change of Use - Accommodation Units, Caravan Park, Dwelling House, Educational Establishment, Host Farm, Motor Home Park, Residential Units, Shop and Tourist Facility and associated uses in accordance with the plans shown in Attachment 1. Design Principles The applicants propose to establish an integrated tourist accommodation, training and conference facilities on the site, to be known as 'Trinity Plains'. The underlying design principles for the proposal include: (a) maintaining the long-term agricultural use of the land;

(b) retaining where practicable, the environmental qualities of the site, including natural

vegetation, drainage lines and landscape values;

(c) the efficient refurbishment and re-use of the existing buildings and structures on the site;

(d) the provision of visitor accommodation within a rural setting to complement other facilities available within Mareeba and surrounding areas;

(e) acknowledging the requirement to protect the continued operation and use of surrounding rural activities; and

(f) allowing for the suitable co-existence of the proposed uses and the rural activities on both the subject site and surrounding land.

Development Details The following specific uses are proposed for the site:- (a) conversion of the existing two (2) storey administration building to include five (5) two

bedroomed and one (1) one bedroom self-contained units on the upper floor and ten (10) one bedroomed self-contained units on the lower floor;

(b) establishment of ten (10) free standing cabins on an existing cleared area located on the western side of the driveway between the northern building precinct and the orchard;

(c) conversion of an existing building within the Northern Precinct into a single self-contained cabin;

(d) establishment of twenty (20) caravan sites; Each site is to include a concrete pad, power supply and water supply;


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Eleven (11) of the spaces are to be located between the orchard and the western boundary of the site; Ten of these sites are configured to allow for a "drive-through" access arrangement for the convenience of users; A further nine (9) caravan park sites are to be located to the east of the southern precinct. These sites are configured to allow caravans to be reversed into position. Shower and toilet amenities will be provided for the caravan park sites; All sites can also be used by motor homes;

(e) informal camping sites are to be established on an existing grassed area to the east of the northern building precinct;

(f) construction of a new reception and administration building on the western side of the entry drive. This building has a floor area not exceeding 50m2.

(g) associated with the reception building it is proposed to establish recreation uses including a swimming pool and playground on adjoining land;

(h) establishment of a conference and training facilities as follows:- i) Within the existing ground level class room to accommodate up to 50 persons;

ii) Within the existing training rooms ground level in the existing administration

building;

(i) establishment of a combined "mini-mart" or similar, including the sale of basic grocery items, kiosk and coffee shop to service primarily the needs of on-site visitors. This facility would be ancillary to the accommodation uses and would not be open to the general public. This use will also include an adjoining camp kitchen and outdoor dining area. An existing building within the northern precinct would be used for this purpose;

(j) use of an existing building within the southern building precinct for a showroom, sales area and spare parts storage area for the sale of water pumps and solar equipment;

(k) construction of a new dwelling for occupation by the proponent; Access to this dwelling will be via an extension to the existing central driveway;

(l) amenities including toilets and showers for the caravan and camping sites will be distributed throughout the site; In particular the following amenity allocations will be made:- (i) The refurbishment and reuse of existing amenities within the administration

building;

(ii) The provision of new amenities within an existing building within the northern building precinct. The amenities will also include toilet and shower facilities for a disabled person;


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(iii) The refurbishment and reuse of existing amenities adjoining the workshop within the southern building precinct;

(iv) The establishment of new amenities to service the proposed caravan park sites adjacent to the western boundary;

(v) The establishment of new amenities to service the proposed camping sites located to the east of the northern building precinct;

(vi) A "dump point" for the disposal of waste water for self-contained caravans or motorhomes.

It is noted that while on-site amenities will be provided for the caravan and camping sites many caravans and motor homes are self-contained in relation to toilet and shower requirements; This level of self-sufficiency will reduce overall demand for on-site amenities;

(m) an existing building within the northern building precinct will be refurbished and reused for clothes washing and drying purposes. An adjoining outdoor clothes drying area will also be provided;

(n) part of an existing building within the northern building precinct will be refurbished and reused as an indoor entertainment area for use by residents;

(o) the two (2) existing dwellings will be retained for residential unit purposes.

It is the intention that during the construction phase, the applicant will relocate four (4) caravans onto an existing cleared area between the western boundary and the northern building precinct. This will enable the owners to reside on-site to allow for the management and supervision of the project and to ensure that the site is secure during the construction phase. The caravans will be removed from this location once the project is complete or other suitable accommodation is available on site for the land owners. Siting considerations

The following general locational parameters are determinants for the future development of the site:- (a) emphasis will be given to the re-use and refurbishment of existing buildings, structures

and infrastructure;

(b) the retention of the main cropping and pasture area and orchard for agricultural purposes will be maximised.

(c) It is noted that where existing areas currently used for agricultural purposes are to be used for accommodation purposes, (such as the camping area) the following design considerations will be adopted:- (i) the installation of above-and-below ground infrastructure will be minimised;


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(ii) relocatable buildings will be used for the provision of amenities;

(iii) if required at any time into the longer-term future, the infrastructure and buildings can be removed or relocated from this area to allow the use of the land to revert to agricultural purposes.

(d) in general the existing driveway will define and separate the area proposed to be used for future development and the area to be retained for agricultural purposes; and

(e) proposed uses will be clustered to ensure the efficient provision of services to allow for convenient access to amenities.

User Groups As part of the feasibility investigations undertaken by the proponent, the following potential user groups have been identified for the proposed uses: (a) the general travelling public, including the use of caravans, motor homes and tents;

(b) youth and school groups requiring camping areas for short-term stays;

(c) farm stay groups requiring accommodation for short-term stays;

(d) groups/delegates requiring on-site accommodation combined with training and

conference facilities. Preliminary discussions have been held with MAF regarding the potential use of the training and accommodation facilities by student pilots.

It is also anticipated that there will be shared use of facilities and amenities by the various user groups. In particular, it is expected that the training and conference facilities will be used by groups residing short-term on the site. Access and Car Parking Access to the site will utilise where possible, the alignment of existing sealed and hardstand driveways for vehicle access purposes. Where further driveways are required, provision has been made to allow for the turning movements of vehicles and caravans up to 8.2 metres in length. The main elements for access to the site and proposed uses are as follows:- (a) the retention of the existing central sealed driveway;

(i) the existing connection point to Tinaroo Creek Road is to be widened to allow for

a separate entry and exit lane;

(ii) the entry lane to the site is to also include a "parking lane" for up to 3 vehicles towing a caravan to enable visitors to check into the facility at the adjacent reception area;

(iii) a passing lane will also be included to enable for general traffic to enter the site unimpeded by parked vehicles;


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(iv) provision will be made to allow for vehicles towing a caravan to exit the site should a suitable site not be available. This will also allow for other heavy vehicles (such as rubbish collection truck) to exit the site without having to pass other uses on the site;

(b) a loop connection drive for use by standard vehicles will provide access to the cabins;

(c) a loop connection drive will provide access to the drive-through caravan park sites adjacent to the western boundary;

(d) a loop connection drive will provide access to caravan sites adjacent to the southern building precinct;

(e) the alignment of the existing access track to the southern section of the site will be retained with the exception of a new entry point to reduce the gradient and improve safety;

(f) this access drive will provide the vehicle connection with the residence to be constructed in the southern section of the site; and

(g) all other access roads to service the agricultural areas of the site will be retained.

The applicants propose the following in regard to car parking numbers:-

43 car parking spaces and 3 mini-bus parking spaces within the existing sealed area adjacent the northern building precinct.

Each caravan and camping site will contain sufficient space to accommodate 1 vehicle.

Each of the free standing cabins will include provision for a single parking space.

Suitable parking will be provided for the dwelling and each residential unit.

Informal parking to be provided adjacent the building to be used for the sale of water pumps and solar equipment.

As mentioned above, a parking lane to enable check in procedures to be undertaken will be provided as part of the main entry lane.

The location and purpose of the access roads and drives extending over the site are shown on the Access and Car Parking Arrangements Plan shown in Attachment 1 of this report.

Water Supply

The development will be supplied with potable water via three main sources - channel water, harvested rain water and bore water. To ensure the channel water supply is potable, it will be filtered and further treated by UV disinfection. Additionally, all water will be chlorinated before use. Regular inspections, maintenance and testing will be conducted on the various water supplies and filtration systems to ensure ongoing compliance with the Australian Drinking Water Guidelines. Water for firefighting will be available from two dams situated on site.


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Wastewater Disposal The existing sewerage disposal systems for the former TAFE College are via septic tanks and evaporation trenches. These systems are located at the two storey building and caf/mini-mart building (northern cluster of buildings - northern precinct), and at the machinery shed (southern cluster of buildings - southern precinct). The septic systems established at the northern precinct will be retained. The applicants have noted that the Mareeba Shire Council does not have specific regulations regarding the number of camp/caravan sites that can be serviced per toilet and shower. However, regulations from other Council's for similarly sized campgrounds/caravan-RV parks have been used as guidance for designing the amenity blocks for the campground and caravan sites. The method of sewerage disposal recommended by Dirt Professionals (site and soil evaluator) is via a suitably sized septic tank, pump well and Wisconsin Mound. These systems have been noted as ideal for the proposed Trinity Plains project as each sewerage disposal system on-site can be serviced by its own Wisconsin Mound setup. The mounds to be provided for the camping area in the northern precinct will be sited adjacent the Tinaroo Creek Road frontage and once vegetated, will form an effective noise buffer. Given the method of construction of Wisconsin Mound systems, longer-term removal of the mounds and re-use of the land for rural purposes remains feasible. Development Staging The current application seeks a development permit for the development as a whole. However, in order to allow the proponent to establish the uses in an efficient manner and to allow for the market demand to be met, it is proposed to develop the site in a number of discrete stages. The proposed staging plan is shown as part of Attachment 1.

REGIONAL PLAN DESIGNATION

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

Wetland Area of General Ecological Significance

Terrestrial Area of High Ecological Significance

Terrestrial Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS

Strategic Framework designation: Mareeba Dimbulah Irrigation Area

Zone: Rural

Overlays Natural Disaster - Bushfire Overlay


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Planning Scheme Definitions The proposed uses are defined as:-

"Accommodation units means the use of premises for use as a boarding house, guesthouse, hostel, hotel (unlicensed or private), residential club (unlicensed), serviced rooms, back packers or the like where residential accommodation is provided in a room or rooms where food preparation or cooking facilities are limited. The term does not include premises used for a purpose elsewhere defined in this section."

"Caravan park means the use of premises for the parking of caravans, recreational vehicles or relocatable homes and the like, holiday cabins (and other moveable dwellings) and camping sites for use by both the travelling public and long term park residents. The term does not include Motor Home Park as otherwise defined."

"Dwelling house means any building or part of a building comprising a self-contained unit intended for the exclusive residential use of one (1) household on one allotment, and may include Family Accommodation and Home Based Child Care as provided for under the Dwelling House Code. The term includes the keeping of up to three dogs over the age of six months and three cats over the age of six months as domestic pets for the interest, enjoyment or protection of residents therein."

"Educational establishment means the use of premises principally for education and training and includes:

(a) a school;

(b) a tertiary institution, including a university or TAFE college, providing formal education which is constituted by or under an Act;

(c) adult or community education;

(d) training facilities;

Whether or not accommodation for staff or students is provided there and whether or not it is used for the purpose of gain."

"Host farm means the use of premises for tourist accommodation in conjunction with agriculture, animal husbandry or forestry purposes. The term also includes accommodation on rural allotments which are non bona fide farms but which have wilderness areas or areas of ecological or cultural significance." "Motor home park means the use of premises for the parking of self-contained motor homes for short stays without requiring facilities normally associated with a caravan park. The term does not include Caravan park as otherwise defined." "Residential units means the use of premises for residential purposes comprising two or more dwelling houses which may be attached or detached." "Shop means the use of premises for selling items, whether by retail or auction, or for hiring or displaying items for the purpose of selling or hiring, but does not include a building or place specifically defined elsewhere in this plan."


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"Tourist facility means the use of premises for providing accommodation and other services and facilities for visitors, including a caravan park and camping ground and attractions. The term does not include the use of premises for "host farm" or "bed and breakfast" and "residential Units".

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

DRO 1.1 Biodiversity Conservation

Land Use Policy Complies Comments

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

Complies. The closest aspect of the proposed development to an area of high ecological significance is the future dwelling house. The future dwelling house is at least 200 metres from the area of high ecological significance.

The proposed development is unlikely to impact on the ecological values of this area.

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

Complies. The closest aspect of the proposed development to an area of general ecological significance is the future dwelling house. The future dwelling house is at least 50 metres from the area of general ecological significance.

The proposed development is unlikely to impact on the ecological values of this area.

DRO 2.4 Primary Production & Fisheries


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

The majority of the site, with the exception of the land immediately surrounding the drainage lines, is mapped as Good Quality Agricultural Land by the planning scheme. Existing on site agricultural activities (fruit orchard & eucalypt plantation) will be retained. The proposed camping area will be located on GQAL. The camping area and associated infrastructure (relocatable ablutions block) can be removed at minimal cost, to enable this land to revert to agricultural purposes use if the need arises. All other proposed uses will make use of existing buildings or where new buildings are proposed, they will be collocated with the existing buildings.


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The proposed development will not result in a loss of GQAL above the level that has previously occurred with the operation of the TAFE college.

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

The existing agricultural uses on the site will be retained and managed by the applicants to minimise the potential for internal land use conflicts. As the applicants will retain control over the proposed development and the agricultural uses, there is no need for an internal separation buffer. The buffering available to neighbouring agricultural operations is described on Figure 16 (Attachment 1). The southern building precinct, the proposed caravan sites and the proposed cabins are adequately buffered by remnant vegetation and topographical features (the orchard on adjoining Lot 4 on SP108027 is approximately 15 metres lower than the subject land). The northern building precinct is setback approximately 90 metres from the closest fruit trees on adjoining Lot 5 on SP149571. Suitable buffering to these fruit trees can be established by planting a 20 metre wide, 50 metre long vegetated buffer. The proposed camping area is located approximately 74 metres from the agricultural operations (sugar cane) occurring on the opposite side of Tinaroo Creek Road. The 74 metres mostly consists of road reserve containing vegetation on either side. The applicant proposes to supplement the existing buffering by establishing a further 5 to 10 metre of vegetated buffering along the Tinaroo Creek Road frontage of the camping area. The location and extent of the current vegetation located both on the subject site and adjoining land and Tinaroo Creek Road reserve combined with the setbacks from existing cropping areas and the addition of some further limited vegetated buffering will ensure that agricultural activities are protected.

DRO 5.4 Primary Industries


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

The existing agricultural uses on the site will be retained and managed by the applicants to minimise the potential for internal land use conflicts. As the applicants will retain control over the proposed development and the agricultural uses, there is no need for an internal separation buffer. The buffering available to neighbouring agricultural operations is described on Figure 16 (Attachment 1). The southern building precinct, the proposed caravan sites and the proposed cabins are adequately buffered by remnant vegetation and topographical features (the orchard on adjoining Lot 4 on SP108027 is approximately 15 metres lower than the subject land). The northern building precinct is setback approximately 90 metres from the closest fruit trees on adjoining Lot 5 on SP149571. Suitable buffering to these fruit trees can be established by planting a 20 metre wide, 50 metre long vegetated buffer. The proposed camping area is located approximately 74 metres from the agricultural operations (sugar cane) occurring on the opposite side of Tinaroo Creek Road. The


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74 metres mostly consists of road reserve containing vegetation on either side. The applicant proposes to supplement the existing buffering by establishing a further 5 to 10 metre of vegetated buffering along the Tinaroo Creek Road frontage of the camping area. The location and extent of the current vegetation located both on the subject site and adjoining land and Tinaroo Creek Road reserve combined with the setbacks from existing cropping areas and the addition of some further limited vegetated buffering will ensure that agricultural activities are protected.

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

The existing agricultural uses on the site will be retained and managed by the applicants to minimise the potential for internal land use conflicts. As the applicants will retain control over the proposed development and the agricultural uses, there is no need for an internal separation buffer. The buffering available to neighbouring agricultural operations is described on Figure 16 (Attachment 1). The southern building precinct, the proposed caravan sites and the proposed cabins are adequately buffered by remnant vegetation and topographical features (the orchard on adjoining Lot 4 on SP108027 is approximately 15 metres lower than the subject land). The northern building precinct is setback approximately 90 metres from the closest fruit trees on adjoining Lot 5 on SP149571. Suitable buffering to these fruit trees can be established by planting a 20 metre wide, 50 metre long vegetated buffer. The proposed camping area is located approximately 74 metres from the agricultural operations (sugar cane) occurring on the opposite side of Tinaroo Creek Road. The 74 metres mostly consists of road reserve containing vegetation on either side. The applicant proposes to supplement the existing buffering by establishing a further 5 to 10 metre of vegetated buffering along the Tinaroo Creek Road frontage of the camping area. The location and extent of the current vegetation located both on the subject site and adjoining land and Tinaroo Creek Road reserve combined with the setbacks from existing cropping areas and the addition of some further limited vegetated buffering will ensure that agricultural activities are protected.

DRO 5.5 Tourist Development


5.5.2 Tourist development, including development that incorporates short-term accommodation for tourists, may be undertaken within the regional landscape and rural production area where there is an identified need in a subregion and the accommodation:

(a) is of a nature and scale that is sympathetic to the maintenance of the regional landscape and rural production values

(b) minimises the impact on good-

The subject land is located within the Regional Landscape and Rural Production Area. The Queensland Drive Tourism Strategy 2013-2015 aims to attract new investment into all forms of accommodation to achieve growth in visitor expenditure by 2020. The Queensland Single State Planning Policy was introduced by the State Government in December 2013. One of the State interests is the promotion of tourism as a key economic pillar for Queensland. The proposed development is consistent with the objectives of both of these recent State policies.


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quality agricultural land

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

The Queensland Government's focus on increasing the drive tourism market means that regions such as the Tablelands also need to increase/improve the facilities on offer to the travelling public. The proposed development will do this, while representing a logical and appropriate re-use of the significant infrastructure established on the subject site. The proposed development is able to be carried out without threatening the rural values of the locality. The proposed camping area will be located on GQAL. The camping area and associated infrastructure (relocatable ablutions block) can be removed at minimal cost, to enable this land to revert to agricultural purposes use if the need arises. All other proposed uses will make use of existing buildings or where new buildings are proposed, they will be collocated with the existing buildings, to avoid further impact on GQAL. The land contains an area of MSES - Regulated Vegetation which follows an unnamed watercourse located immediately to the south of the southernmost cluster of buildings. The proposed development will not result in the clearing of this vegetation.

DRO 7.1 Protection of Waterways, Wetlands and Water Quality


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

The proposed development will largely re-use existing infrastructure or where new infrastructure is proposed, such infrastructure is relatively low impact. The new infrastructure does not require significant earthwork, nor is it likely to adversely impact on water quality.

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

Queensland State Planning Policy - July 2014

State Interest Complies Assessment Requirements & Comments

Biodiversity

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

Development:

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


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(a) operational work, or

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

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

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

(a) avoiding significant adverse environmental impacts, and

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

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

Comment

The land contains an area of MSES - Regulated Vegetation which follows an unnamed watercourse located immediately to the south of the southernmost cluster of buildings. The proposed development will not result in the clearing of this vegetation.

Water quality

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

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

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

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

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

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

N/A Receiving waters

Development:

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

(a) altered stormwater quality or flow, and

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

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

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

Comment

The amount of impervious area involved in the proposed development will not reach anywhere close to 25% of the net developable area. The number of dwelling houses on the site will not exceed three (2 residential units and 1 dwelling house). The 2 dwellings to be used as residential units are existing.

Natural hazards

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

(1) a flood hazard area, or

(2) a bushfire hazard area, or

(3) a landslide hazard area, or

(4) a coastal hazard area.

For all natural hazards:

Development:

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

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

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

(4) avoids risks to public safety and the environment from the location of hazardous materials and the


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release of these materials as a result of a natural hazard, and

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

Comment

The predicted flood impact area for Tinaroo Creek affects that part of the subject land immediately adjacent to Tinaroo Creek. Those areas proposed for development under this application are above the predicted flood impact area. The existing and proposed building are not located on land with a slope of 15% or greater. All existing buildings and infrastructure are located within the Low Bushfire Hazard area as mapped by the planning scheme. The proposed new dwelling to be sited in the southern portion of the site would be located within an area of Medium Bushfire Hazard. The development can be conditioned to comply.

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

DEO Complies Comments

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

The proposed development does not require further vegetation clearing or significant earthworks. No aspect of the proposed development is likely to lead to air, water or other pollution.

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

The majority of the site, with the exception of the land immediately surrounding the drainage lines, is mapped as Good Quality Agricultural Land by the planning scheme. Existing on site agricultural activities (fruit orchard & eucalypt plantation) will be retained. The proposed camping area will be located on GQAL. The camping area and associated infrastructure (relocatable ablutions block) can be removed at minimal cost, to enable this land to revert to agricultural purposes use if the need arises. All other proposed uses will make use


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of existing buildings or where new buildings are proposed, they will be collocated with the existing buildings. The proposed development will not result in a loss of GQAL above the level that has previously occurred with the operation of the TAFE college.

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

Water supply is intended via a combination of rainwater harvesting (0.6ML), irrigation allocation (2ML) and bore water (3ML). The water will be adequately treated to ensure potability. Effluent disposal is intended via on site treatment and disposal via Wisconsin mound.

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

The proposed development will increase the level of services and facilities available to the community.

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

The subject land is not serviced by reticulated water and sewerage infrastructure. Nor is the land located in the vicinity of an airport or railway line. Tinaroo Creek Road between the Kennedy Highway and the subject land is already constructed to two lane bitumen sealed standard. PDR Engineers have conducted a Traffic Analysis for the development and are predicting that the annual traffic generation is not likely to exceed the annual traffic for the former TAFE college when it was at its peak. Whilst the annual traffic movements may not be higher, the nature of the vehicles accessing the site will be different. The size of caravans and motorhomes is greater than the conventional vehicles which would have made up the majority of traffic in previous uses. In response the development has been assessed by Council's Civil Engineer and it is recommended that the following safety works on Tinaroo Creek Road be conditioned as part of any


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approval:

A BAR (Basic Right Turn Treatment) on Tinaroo Creek Road for traffic coming from Mareeba turning right into the development, with linemarking as per the Road Planning and Design Manual and the MUTCD.

Widening of the seal on Tinaroo Creek Road on its northern side by 0.5m for 130m commencing at a point approximately 135 metres east of Fichera Road (where the pavement width is narrow).

Resurfacing of the access from the edge of the seal on Tinaroo Creek Road to the property boundary.

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

The predicted flood impact area for Tinaroo Creek affects that part of the subject land immediately adjacent to Tinaroo Creek. Those areas proposed for development under this application are above the predicted flood impact area.

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

The application proposes the re-use of the former Mareeba TAFE/Agricultural College buildings and infrastructure which have sat unused for several years. The proposed development would represent a logical and appropriate re-use of the significant infrastructure established on the subject site

The use of the site for tourism, accommodation, agriculture and education purposes will assist in the achievement of the DEO.

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

The application proposes to maintain the existing agricultural activities (fruit orchard and eucalypt plantation) and to diversify by establishing a tourism and educational component on the site. The proposed development is consistent with this DEO.


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

Tinaroo Creek Road is identified as a heavy vehicle route on Planning Scheme Map R1. Tinaroo Creek Road between the Kennedy Highway and the subject land is already constructed to two lane bitumen sealed standard. PDR Engineers have conducted a Traffic Analysis for the development and are predicting that the annual traffic generation is not likely to exceed the annual traffic for the former TAFE college when it was at its peak. Whilst the annual traffic movements may not be higher, the nature of the vehicles accessing the site will be different. The size of caravans and motorhomes is greater than the conventional vehicles which would have made up the majority of traffic in previous uses. In response the development has been assessed by Council's Civil Engineer and it is recommended that the following safety works on Tinaroo Creek Road be conditioned as part of any approval:





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Relevant Development Codes

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

Part 4, Division 14 Rural Zone Code Part 5, Division 8 Natural Disaster - Bushfire Overlay Code Part 6, Division 5 Car Parking Code Part 6, Division 11 Host Farm Code Part 6, Division 13 Dwelling House Code Part 6, Division 14 Tourist Facility Code Part 6, Division 15 Landscaping Code Part 6, Division 18 Short Term Accommodation Code

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

Relevant Codes Comments

Rural Zone Code The application complies with applicable acceptable/probable solutions/performance criteria apart from the following:

Residential Units are listed as an inconsistent land use in the Rural zone.

Refer to planning discussion section of report.

Natural Disaster - Bushfire Overlay Code

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

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

Host Farm Code The application complies with applicable specific outcomes/acceptable/probable solutions/performance criteria.

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

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

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

Short Term Accommodation Code

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

(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 1 - Water Supply (Outside Reticulated Water Supply Area)


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Water supply is intended via a combination of rainwater harvesting (0.6ML), irrigation allocation (2ML) and bore water (3ML). The water will be adequately treated to ensure portability. No. 4 - Development Manual The proposed development can be conditioned to ensure all development works are designed and constructed in accordance with the FNQROC Development Manual. (f) Adopted Infrastructure Charges Notice Water Supply The proposed development is not connected to Council's reticulated water supply network. A contribution is not payable in this instance. Sewerage Supply The proposed development is not connected to Council's reticulated sewerage network. A contribution is not payable in this instance. Roadworks PDR Engineers (Alan McPherson) have conducted a Traffic Analysis for the development and are predicting that the annual traffic generation is not likely to exceed the annual traffic for the former TAFE college when it was at its peak. Council officers do not dispute the methodology used by PDR Engineer or the assumptions reached. Council officers are recommending that the development be conditioned to widen 130 metres of Tinaroo Creek Road external to the site. Based on the predicted nil increase in traffic movements and the proposed external widening works, a further contribution under Planning Scheme Policy No. 6 - Augmentation of the Road Network is not supported. REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning as a Concurrence Agency for State controlled roads. That Department advised in a letter dated 17 December 2014 that they require the conditions to be attached to any approval (Attachment 2). Advice This application did not trigger referral to any Advice Agencies.


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Internal Consultation Tinaroo Creek Road between the Kennedy Highway and the subject land is already constructed to two (2) lane bitumen sealed standard. PDR Engineers have conducted a Traffic Analysis for the development and are predicting that the annual traffic generation is not likely to exceed the annual traffic for the former TAFE college when it was at its peak. Whilst the annual traffic movements may not be higher, the nature of the vehicles accessing the site will be different. The size of caravans and motorhomes is greater than the conventional vehicles which would have made up the majority of traffic in previous uses. In response the development has been assessed by Council's Civil Engineer and it is recommended that the following safety works on Tinaroo Creek Road be conditioned as part of any approval:




PUBLIC NOTIFICATION The development proposal was placed on public notification from 18 December 2014 to 27 January 2015. The applicant submitted the notice of compliance on 28 January 2015 advising that the public notification requirements were carried out in accordance with the requirements of the Act. Two (2) properly made submissions were received. The grounds for objection/support are summarised and commented on below:

Grounds for objection /support Comment

Adjoining farmer does not oppose development but requests that visitors be made aware of agricultural activities in the area and accept these activities.

This request is considered reasonable and Council can condition the developer to require the erection of a sign at the entrance to the site informing visitors of the agricultural activities. The following wording is considered appropriate:

This land is zoned Rural under the Mareeba Shire Planning Scheme 2004 and is in a Rural zoned locality. Take note: - The locality may be used for intensive rural uses;

- The land and its occupants may experience off

site rural activity effects, including noise, sprays and dust that may cause a loss of residential amenity. Existing and/or self-assessable


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Grounds for objection /support Comment agricultural and rural uses in the locality have a right to farm or a right to legally continue the use.

The change of use from agricultural training to high density accommodation is incompatible with the rural zone.

The development has been assessed against the relevant planning instruments and no significant conflicts have been identified. The proposed development adequately addresses the protection of GQAL and the buffering of neighbouring agricultural activities.

Of the uses proposed for the site, residential units are the only use listed by the Planning Scheme as being an inconsistent use in the Rural zone.

Both dwelling houses to be used as residential units already exist on the subject land. The application simply seeks to lawfully continue the occupation of both dwelling houses as was previously permitted during the operation of the former Mareeba TAFE/Agricultural College.

The proposed development, on this particular site, is not considered to be incompatible with the rural zone.

There is not adequate on site waste water treatment and disposal to cater for up to 300-350 people.

Submitter advises that insufficient information is available to assess adequacy of proposed on site effluent disposal method and as such development may pose a risk to the environment.

The subject land has an area of 50.7 hectares, which is more than adequate to provide for a compliant on site effluent disposal system.

Any development approval will be conditioned to require the on-site effluent disposal system to be constructed in compliance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Councils delegated officer.

The placement of 'wisconsin' treatment mounds at the front of the subject land may be harmful to existing vegetation (excess nutrients) and lead to the introduction of weeds.

The mounds will also negatively impact on the visual amenity of road users.

The performance of the effluent treatment system will need to comply with the relevant standards.

Similarly, a condition of any development approval will require the applicant to ensure any vegetated buffering is protected and maintained for the life of the development.

The Wisconsin mounds are generally covered by grass and should have the same appearance as any other grassed mound. Vegetated buffering is proposed either side of the mound further softening its appearance. The mounds are not likely to be detrimental to the visual amenity of road users.

The placement of relocatable toilet blocks in the camping area at the front of the property is not in keeping with the rural landscape and may threaten visual amenity.

The location of the toilet block is determined by the location of the camping ground. The proposed camping area is sited on a flat and unconstrained area, close to other facilities (pool, kiosk, playground, laundry) which will be constructed in the northern precinct.

The applicant proposes to screen the camping area by establishing 5 to 10 metre width of vegetated buffering along the Tinaroo Creek Road frontage of the camping area.

This additional buffering and the extent of the current vegetation located both on the subject site and within the Tinaroo Creek Road reserve provides sufficient screening to maintain an acceptable level of visual amenity.


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Demountable/relocatable buildings may devalue the properties in the area and raises doubts about the applicants long term commitment to the project.

The proposed camping area will be located on GQAL. The camping area and ablutions block are relocatable so that they can be removed at minimal cost, to enable this land to revert to agricultural purposes use if the need arises.

The siting of the camping ground at the front of the subject land does not add to the rural landscape.

The applicant proposes to screen the camping area by establishing 5 to 10 metre width of vegetated buffering along the Tinaroo Creek Road frontage of the camping area.

This additional buffering and the extent of the current vegetation located both on the subject site and within the Tinaroo Creek Road reserve provides sufficient screening to maintain an acceptable level of visual amenity.

The applicant has not addressed the servicing needs of the development - effluent disposal, rubbish collection, roads, public lighting, electricity, storm water and dispute handling.

The applicant has satisfactorily addressed the relevant planning instruments. If the development is approved, it will be subject to conditions relating to the relevant servicing needs.

Budget accommodation can bring lower socio-economic clientele and associated problems.

There will be a range of short term accommodation types to cater for travellers.

Short term accommodation is limited to a maximum stay of three months.

The planning scheme does not discriminate on a person's socio-economic status.

The congregation of a large number of people in one place can lead to noise, nuisance, crime and increased traffic.

There is no evidence to suggest that the proposed development will lead to noise, nuisance, crime and increased traffic. None of the activities proposed on the site are significant noise sources or particularly likely to create an ongoing nuisance.

It is not accepted that the proposed development will generate a higher level of criminality than already found throughout society.

The traffic impacts have been discussed previously and there is no reason to expect overall traffic movements will be significantly different to the previous educational use of the subject land.

Potential to lower land values. Whilst this is a frequent ground of objection, it is not a valid planning consideration. Council is required to assess the appropriateness of the proposed development on the subject land, not to speculate what may or may not happen with land values.

Submitter questions the applicants ability to sufficiently fund the development and has concerns that any development may end up poorly constructed.

Not a planning consideration. Council is not required to determine the financial capacity of an applicant as part of the development assessment process.

Existing buildings contain asbestos. Any works to buildings containing asbestos must be undertaken by suitably licensed contractors. This is mandated by Queensland Law.


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The application does not state that GQAL will be farmed.

There is no obligation on any landowner to farm GQAL. The planning consideration is only to ensure the development does not compromise the ability to farm the GQAL.

As discussed in the report, the proposed development is not considered to adversely impact on the GQAL resource.

The 201 car parking spaces will require a large hardstand area. The hardstand area for the camping ground/caravans is not shown.

43 of the car parking spaces will be sealed. This sealed area already exists on site. The remaining car parking spaces will be gravelled or in the case of the camping area, grassed.

Submitter believes that traffic estimates of previous education use are higher than they actually were.

The traffic assessment was undertaken by PDR Engineers, specifically Alan McPherson. The traffic assessment was assessed and accepted by the Department of Transport and Main Roads and Council's civil engineer.

The downturn in the agricultural training sector may only be temporary and the removal of the property for this purpose may cause future issues.

The subject land was sold by the Queensland Government to the applicants. Council is not able to refuse the proposed development on the basis that the land may be used for agricultural training in the future.

The public notice was poorly placed on the Tinaroo Creek Road frontage (ie not on access driveway) and public notification occurred over the Christmas holiday period.

The Sustainable Planning Regulation requires the public notice sign to be placed on the frontage of the subject land. The regulation does not specify that the sign needs to be placed adjacent to the site's driveway.

The decision to commence public notification immediately before Christmas was due to the timing of the concurrence agency response which was received on 17 December 2014. Under the Act, the period between 20 December and 5 January is excluded from the 15 business day public notification period. There is no other limitation on public notification over the Christmas period.

Victor G Feros Town Planning Consultants, on behalf of the applicants, have submitted a comprehensive response to the submissions. This response is included as Attachment 4. Submitters

PLANNING DISCUSSION The only minor conflict identified during the assessment of the proposed development is that residential units are listed as an inconsistent land use with in the Rural zone.

Name of principal submitter Address

1. J & DK Caamano-Bermudez 22 Leonardi Road, Mareeba (PO Box 1509, Mareeba)

2. D Cochrane & C Roberts 144 Cobra Road, Mareeba (PO Box 162, Mareeba)


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Both dwelling houses to be used as reside

Documents

Council Meeting Agenda 4 March 2015