Ordinary Meeting MINUTES

Transcription

Ordinary Meeting
Council Chambers
Date: 15 April 2015
Time: 10:00am
MINUTES
Mareeba Shire Council - Minutes
Wednesday 15 April 2015
MEMBERS IN ATTENDANCE
Cr T Gilmore, Cr A Pedersen, Cr E Brown, Cr M Graham, Cr K Ewin, and Cr Holmes
APOLOGIES/LEAVE
BUSINESS
OF
ABSENCE/ABSENCE
ON
COUNCIL
Cr Jensen was granted a leave of absence from the meeting.
BEREAVEMENTS/CONDOLENCES
A minute's silence was observed as a mark of respect for those residents who passed away
during the previous month.
DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/
CONFLICTS OF INTEREST
There were no Material Personal Interests or Conflicts of Interest declared by any Councillor
or Senior Council Officer in relation to the items of business listed on the Agenda.
CONFIRMATION OF MINUTES
Moved by Cr Brown
Seconded by Cr Ewin
"That the Minutes of the Ordinary Council Meeting held on 1 April 2015 be confirmed as true
and correct."
CARRIED
BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS
Nil
Page 2
CORPORATE AND COMMUNITY SERVICES
REGIONAL LAND USE PLANNING
ITEM-1
SPRINGMOUNT RACEWAY PTY LTD - MATERIAL
CHANGE OF USE - OUTDOOR SPORT AND
ENTERTAINMENT FACILITY (DRAG STRIP) - LOT 113
ON SP214842 - SPRINGMOUNT ROAD, ARRIGA DA/15/0005
Moved by Cr Holmes
"1.
Seconded by Cr Pedersen
That in relation to the following development application:
APPLICANT
DATE LODGED
TYPE OF
APPROVAL
PROPOSED
DEVELOPMENT
APPLICATION
Springmount Raceway Pty
Ltd
23 January 2015
Development Permit
ADDRESS
RPD
PREMISES
Springmount Road,
Arriga
Lot 113 on SP214842
Material Change of Use - Outdoor Sport and Entertainment Facility
(Drag Strip)
and in accordance with the Sustainable Planning Act 2009, the applicant be notified that the
application for a development permit for the development specified in (A) is:
Approved by Council in accordance with the approved plans/documents listed in (B), subject
to assessment manager conditions in (C), assessment manager’s advice in (D), concurrence
agency conditions in (E), relevant period in (F), further permits in (G), and further approvals
from Council listed in (H);
And
The assessment manager does not consider that the assessment manager’s decision
conflicts with a relevant instrument.
(A)
APPROVED DEVELOPMENT: Development Permit for Material Change of Use Outdoor Sport and Entertainment Facility (Drag Strip)
(B)
APPROVED PLANS:
Plan/Document
Number
10256-1 Issue G
(C)
Plan/Document Title
Proposed Drag Strip
Lot 113 on SP214842
Prepared by
RPS
ASSESSMENT MANAGER’S CONDITIONS (COUNCIL)
(a)
Development assessable against the Planning Scheme
Page 3
Dated
19/2/2015
1.
2.
3.
Development must be carried out substantially in accordance with the approved
plans and the facts and circumstances of the use as submitted with the
application, subject to any alterations:
-
found necessary by Council’s delegated officer at the time of examination
of the engineering plans or during construction of the development
because of particular engineering requirements; and
-
to ensure compliance with the following conditions of approval.
Timing of Effect
2.1
The conditions of the development permit must be complied with to the
satisfaction of Council’s delegated officer prior to the commencement of
the use except where specified otherwise in these conditions of approval.
2.2
Prior to the commencement of use, the applicant must notify Council that
all the conditions of the development permit have been complied with,
except where specified otherwise in these conditions of approval.
General
3.1
The applicant/developer is responsible for the cost of necessary alterations
to existing public utility mains, services or installations required by works in
relation to the proposed development or any works required by condition(s)
of this approval.
3.2
All payments required to be made to the Council (including contributions,
charges and bonds) pursuant to any condition of this approval must be
made prior to the issue of a building permit (if no building permit is required
then prior to the commencement of the use) and at the rate applicable at
the time of payment.
3.3
All works must be designed, constructed and carried out in accordance
with FNQROC Development Manual requirements (as amended) and to
the satisfaction of Council’s delegated officer.
3.4
Noise Nuisance
3.4.1 The drag strip may host racing of vehicle classes up to and including
Supercharged/Turbocharged/Nitro Outlaws. The noise levels for
Supercharged/Turbocharged/Nitro Outlaws or any other vehicle must
not exceed levels nominated in Table 6: Typical Source Noise Levels
at a Distance of 450m of the Noise Impact Assessment (150006-01F01 (Rev 0) Acoustic Report.Docx) prepared by NV Engineers dated
26 February 2015, unless otherwise approved by Council.
Any vehicle/s or class of vehicle, which exceeds the noise levels
nominated in Table 6: Typical Source Noise Levels at a Distance of
450m of the Noise Impact Assessment (150006-01-F01 (Rev 0)
Acoustic Report.Docx) prepared by NV Engineers dated 26 February
2015, is not permitted to race or test at the facility, unless otherwise
approved by Council.
Page 4
3.4.2 Frequency of meetings and hours of operation
(i)
Monthly weekend race meeting between 9:00am to 5:00pm,
with racing and burnouts between 11:00am and 5:00pm
Saturday only.
(ii)
One (1) weekend car show race meeting per year with racing
between 11:00am and 5:00pm Saturday only. Burnouts may
occur between 9:00am and 10:00pm Saturday and 11:00am
and 3:00pm Sunday. Burnouts must only occur on the
burnout pad in front of the 6 metre high earth mound.
(iii)
A maximum of two (2) of the race meetings specified in (i) and
(ii) above, may host racing of vehicle classes up to
Supercharged/Turbocharged/Nitro Outlaws. The remaining
race meetings may host racing of vehicle classes up to Super
Sedan and Pro Stock only.
(iv)
Each monthly weekend race meeting must be separated by at
least three weeks from the previous monthly weekend race
meeting.
(v)
The weekend car show race meeting must be separated by at
least six (6) months from the previous weekend car show race
meeting.
(vi)
Any race meeting hosting Supercharged/Turbocharged/Nitro
Outlaws must be separated by at least three (3) months from
the
previous
race
meeting
which
hosted
Supercharged/Turbocharged/Nitro Outlaws.
(vii)
No testing of any vehicle/s is permitted at the facility outside
the race meetings specified in (i) and (ii) above.
3.4.3 Racing of vehicle classes must be evenly distributed from the
noisier Supercharged/Turbocharged/Nitro Outlaws to quieter bikes.
3.4.4 All Meetings
(i)
Race frequency must not exceed an average of 30 races per
hour and noisier activity must only occur for up to 30 seconds
for each race (i.e. burnout, preparing at start and racing).
(ii)
Burnouts must not occur for more than an average of 30
minutes in any one (1) hour.
3.4.5 Noise Attenuation Measures
The following noise attenuation measures shall be established prior
to the commencement of drag racing on the site:
Page 5
(i)
A six (6) metre high earth mound (above strip level) along the
north eastern side of the drag strip from the staging area,
extending for the first 300m of the drag strip.
(ii)
A three (3) metre high earth mound (above strip level)
extending from the end of the earth mound required by (i)
above, to a point 50 metres beyond the finish line.
3.4.6 The on-site public address system must comply with the following:
3.4.7

Numerous small speakers must be installed rather than fewer
large speakers.

Speakers must be directional and generally face away from
nearby residences and preferably towards the ground.

The operator of the proposed development must purchase a
high quality sound level meter to monitor source noise levels
to ensure that such levels do not exceed the levels specified
in Table 11: Noise Limit for the PA System of the Noise
Impact Assessment (150006-01-F01 (Rev 0) Acoustic
Report.Docx) prepared by NV Engineers dated 26 February
2015.
The noise levels for mechanical plant must not exceed the levels
specified in Table 12: Continuous Noise Limits of the Noise Impact
Assessment (150006-01-F01 (Rev 0) Acoustic Report.Docx)
prepared by NV Engineers dated 26 February 2015.
3.4.8 Noise Management Plan
A noise management plan for the development must be developed
by the applicant in conjunction with an acoustic engineer to identify
potential impacts and measures to reduce those effects.
To assist in demonstrating that all reasonable and practicable
measures have been taken to minimise environmental harm from
occurring, the following actions must be included in a noise
management plan:
(i)
A site plan including the location of the event, neighbouring
land-use details, location and orientation of the drag strip and
public address systems.
(ii)
The distribution of a notification letter to surrounding
potentially (within a five (5) kilometre radius of the drag strip)
noise-affected premises used for residential or business
purposes which includes:

a small version of the site plan

a description of the planned event
Page 6

the time the event starts and finishes

the times for any sound testing to take place

a description of the proposed measures that will be
implemented to minimise noise from the event

any changes that have been made to further minimise
noise following previous events

the name and phone number of a site contact person for
any complaints lodged before, during and/or after the
event.

This letter must be distributed to all potentially affected
parties at least three (3) months prior to the event.
Please be aware that letter-box drops have the potential
to not reach all intended recipients, partly due to
delivery staff being unwilling to deliver this information
to letterboxes marked with 'no junk mail' stickers. The
preferred method for delivery is in an addressed
envelope marked ‘to the resident’ or ‘to the occupier’.

A copy of the letter must be sent to Council.
(iii)
Undertake acoustic monitoring during the event to ensure that
all reasonable and practicable measures are taken to
minimise the overall sound level and low frequency noise at
noise-affected premises.
(iv)
Maintain a complaints register which must include:
(v)

contact details of all complainants;

the time and date the complaint is received;

a description of the complaint;

a description of the activities occurring which gave rise
to the complaint;

any action taken as a result of the complaint.
Following each event, the applicant must notify Council of all
complaints and the actions taken as a result of the complaint.
Page 7
(vi)
The noise management plan must be submitted to Council
and be approved by Council’s delegated officer prior to the
commencement of the use.
(vii) The approved use must comply with the approved noise
management plan at all times.
3.4.9 Investigation of Noise Nuisance Complaints
In the event that a substantiated (in the opinion of Council's
delegated officer) noise nuisance complaint is received by Council
regarding the approved use, the complaint will need to be assessed
by an independent acoustic consultant at the cost of the applicant.
The complaint shall be assessed against the conditions of approval
and the Environmental Protection (Noise) Policy 2008 at the next
race meeting.
A $10,000.00 unconditional bank guarantee in favour of Council
shall be provided by the applicant prior to the first race meeting to
ensure compliance with this condition.
Any additional noise mitigation measures recommended by the
independent acoustic consultant are to be implemented by the
applicant within three (3) months of Council directing the applicant
to do so.
3.5
Individual Fatality Risk
Prior to construction of buildings (ie prior to completion of earthworks), the
applicant shall carry out individual fatality risk management to identify risk
scenarios which could affect the approved use and predict the level of
individual fatality risk to patrons.
The approved use must always be carried out in such a manner so as
keep the individual fatality risk at the minimum reasonable level.
3.6
Waste Management
An on-site refuse storage area must be provided and be screened from
view from adjoining properties and road reserve.
3.7
Bushfire Management
3.7.1 A Bushfire Management Plan must be prepared for the
development, to the satisfaction of Council's delegated officer. The
approved use must comply with the requirements of the
Management Plan at all times.
3.7.2 Water storage
Page 8
Sufficient on site water storage capacity must be provided to ensure
a minimum 0.41 litres per second @ 200kPa for 4 hours for fire
fighting purposes at all times.
3.8
Signage
Signage is to be in accordance with the following:
3.9
(i)
No more than two (2) signs shall be erected on the site on the
Springmount Road frontage;
(ii)
The signage must be kept clean, in good order and safe repair for the
life of the approval;
(iii)
Signage must be removed when no longer required; and
(iv)
The erection and use of the signage must comply with the Building
Act and all other relevant Acts, Regulations and these approval
conditions.
Other noise generating events
The subject land is not to be used for other noisy events (e.g. concerts,
rave parties, weddings), whether associated with a race meeting or not, at
any time.
4.
Infrastructure Services and Standards
4.1
Access
Access to the site from Springmount Road must be via the existing access
off the unnamed road servicing Lots 113 and 123 on SP214842. This
access must be maintained (from the edge of the road pavement to the
property boundary of the subject lot) in accordance with the FNQROC
Development Manual, to the satisfaction of Council’s delegated officer.
No additional access between the subject site and Springmount Road is
permitted.
4.2
Traffic Management Plan
A traffic management plan for the development must be developed by the
applicant in conjunction with a suitably qualified engineer to identify
potential impacts and measures to reduce those effects.
The traffic management plan shall, at a minimum, include the following
measures:
(i)
Give a minimum of one (1) week's notice to the Manager of the
Tablelands Sugar Mill of any upcoming event, and the scheduled
duration of that event, in order to allow haul truck drivers to be
provided sufficient pre-warning of each event;
Page 9
(ii)
Place signage at appropriate places (e.g. Hansen Road/Kennedy
Highway intersection, site entry point off Springmount Road), for a
minimum of one (1) day before and after any scheduled drag strip
activities, advising drag strip attendees of the use of Springmount
Road by cane haul trucks and alerting of potential conflict.
(iii)
Include a temporary speed limit and traffic controllers for the section
of Springmount Road between the drag strip entrance and the
intersection of Springmount Road and Chettle Road.
The traffic management plan must be submitted to Council and be
approved by Council’s delegated officer prior to the commencement of the
use.
The approved use must comply with the approved traffic management plan
at all times.
4.3
Linemarking/Signage improvements
The applicant shall install signage and paint linemarking in accordance
with the attached sketches and the MUTCD:
Springmount Road/No Name Road intersection
Page 10
No Name Road/Drag Strip access intersection
4.4
Environmental Management Plan
The applicant shall provide Council with an environmental management
plan prepared by a suitably qualified professional which addresses (as a
minimum):

All environmental impacts of the proposal and measures proposed to
mitigate the impacts;

Emergency management procedures;

Refuse collection and disposal;

Management and supervision procedures;

Directs all vehicle movements between the development and the
Kennedy Highway to Hansen Road or via Chettle Road/MareebaDimbulah Road. Channel Road is not to be used to access the
Kennedy Highway; and
A complaints management process detailing how the local
community will be engaged.

The management plan must be submitted to Council and be approved by
Council’s delegated officer prior to the commencement of the use.
4.5
Stormwater Drainage
4.5.1 The design and construction of stormwater drainage for the
proposed development is to be in accordance with the requirements
of the Queensland Urban Drainage Manual (QUDM) 1992 and the
FNQROC Development Manual. The applicant must use Water
Sensitive Urban Design solutions for management of stormwater
within the subject site, the objective of which is to be “No net
Page 11
increase in the rate of stormwater discharge from the development.”
Prior to the issue of a Development Permit for Building Works, a
Stormwater Drainage Plan prepared and certified by a suitably
qualified Design Engineer, RPEQ must be lodged with Council and
is to be to the satisfaction of Council’s delegated officer.
4.5.2 All stormwater drainage must be collected from site and discharged
to an approved legal point of discharge.
4.5.3 Stormwater drainage must be controlled so as to not overflow into
the SunWater channel and not increase the peak flows through any
individual cross drain under the SunWater channel.
4.6
Water Quality
4.6.1 Prior to the commencement of earthworks, an Erosion and
Sediment Control Implementation and Management Plan prepared
and certified by a suitably qualified person or Registered
Professional Engineer Queensland (RPEQ) must be submitted to
Council. The plan is to comply with the “Soil Erosion and
Sedimentation Control Guidelines” (Institute of Engineers Australia
1996) and the Queensland Urban Drainage Manual 1992, to the
satisfaction of Council's delegated officer.
4.6.2 The installation of suitable trash screens and pollutant traps is
required to restrict entry of trash and pollutants onto SunWater land.
4.6.3 Any material likely to degrade the water (eg oils, lubricants,
solvents, coolants, degreasing agents etc) must be stored within a
bunded area, or an appropriately designed chemical storage
container, suitable for preventing the escape of material into
surface or underground water resources.
4.6.4 An emergency spill containment kit must be kept on site at all times
during the running of events.
4.7
Car Parking/Internal Driveways
The developer must ensure that the development is provided with sufficient
on-site car parking spaces which are available for use solely for the parking
of vehicles associated with the use of the premises. All car parking spaces
must be constructed to at least compacted gravel standard, clearly
identifiable and appropriately drained prior to the commencement of the
use, to the satisfaction of Council's delegated officer.
Prior to works commencing, the developer must submit engineering plans
and specifications for the construction of proposed car parking facilities
and internal driveways demonstrating:

Compliance with Australian Standard AS2890:1 Off Street Parking –
Car Parking Facilities; and

Compliance with Australian Standard AS1428:2001 – Design for
Access and Mobility.
Page 12
A suitable dust suppressant shall be used as necessary to ensure that dust
generation from all entrances, internal roadways and parking areas does
not cause a nuisance off site.
4.8
4.9
Landscaping
(a)
Prior to the commencement of the use, a landscape plan must be
prepared for the site and submitted to Council's delegated officer for
consideration and approval.
(b)
The landscaping of the site must be carried out in accordance with
an endorsed landscaping plan, and irrigated, mulched and
maintained to the satisfaction of Council's delegated officer.
(c)
The landscaping of the site must be carried out in accordance with
Mareeba Shire Planning Scheme Policy 9 - Landscaping.
Lighting
Where outdoor lighting is required the developer shall locate, design and
install lighting to operate within all areas where the public will be given
access, which prevents the potential for light spillage to cause nuisance to
neighbours and must be provided in accordance with Australian Standard
1158.1 – Lighting for Roads and Public Spaces.
Illumination resulting from direct, reflected or other incidental light
emanating from the subject land does not exceed 8 lux when measured at
any point 1.5m outside the property boundary of the subject site. The
lighting fixtures installed on site must meet appropriate lux levels as
documented within Australian Standard 4282 – Control of the Obtrusive
Effects of Outdoor Lighting.
NOTE: The design is to integrate the principles of Crime Prevention
through Environmental Design (CPTED) theory. Lighting design is to
illuminate potential areas of concealment and is to project illumination so
that a human face is easily discernible from 15 metres and there is to be
sufficient night lighting, which renders people, colours, vegetation and
objects correctly. i.e. ‘white’ light. Particular attention should be given to
pathways, driveways and common external spaces.
4.10 Water Supply
(a)
The applicant must provide written evidence of adequate water
supply by obtaining the necessary water entitlements to have an
annual allocation of at least 1 ML to the satisfaction of Council’s
delegated officer.
(b)
The applicant must demonstrate that the proposed water supply is
treated to the standard for drinking water set by the Australian
Drinking Water Guidelines 2004 (National Health and Medical
Research Council and the National Resource Management
Ministerial Council).
Page 13
4.11 On-site Wastewater Management
All on site effluent disposal associated with the approved use must be in
compliance with the latest version of On-Site Domestic Wastewater
Management Standard (ASNZ1547) to the satisfaction of the Council’s
delegated officer.
4.12 SunWater Channel Fencing
A 1.8m high chain wire fence, constructed as per drawing No 232590,
must be erected from the boundary corner at the Murphy's Creek siphon
crossing, with a security gate to the siphon outlet structure wings, and
terminating at the right angle turn of the channel to the southeast, provided
the fence is extended to enclose the drag strip facility completely back to
the road access from this point.
Signage must be installed along the fence line, at approximately 50m
intervals, notifying the patrons that public access to the channel area is
totally prohibited, and no trespassing is allowed.
4.13 Camping Advice to Visitors
The applicant shall erect a sign at the entrance (adjacent to ticket booth) to
the drag strip advising that off site camping in the vicinity of the drag strip is
unlawful, except where carried out at a licenced caravan park/camping
ground. Camping in unlicenced locations may result in a fine being issued
by Council.
5.
Additional Payment Condition (section 650 of the Sustainable Planning Act 2009)
The traffic movements associated with the approved development are expected
to increase daily vehicle movements on Springmount Road and Chettle Road
beyond the threshold for a (1000-2999) Rural Collector standard road.
5.1.1
In accordance with Planning Scheme Policy No. 6 - Augmentation of the
Road Network Contribution, the following additional payment is required
towards the upgrading of Springmount Road and Chettle Road to a
(1000-2999 Rural Collector) standard:
Infrastructure Charge
Augmentation of the Road Network
Contributions (Arriga)
TOTAL CURRENT AMOUNT OF CHARGE
5.1.2
Rate
Current
Amount of
Charge
$15,662.00
$15,662.00
$15,662.00
The additional payment here applies for material change of use. As
such the additional payment becomes payable when the change
happens.
Page 14
5.1.3
Until paid in full, the amount of the additional payment will be increased
on 1 July each year in accordance with the increase for the PPI index
for the period starting on the day the development approval takes effect,
adjusted by reference to the 3-yearly PPI index average.
5.1.4
Instead of making the additional payment required under 5.1.1, the
applicant may upgrade Springmount Road between the drag strip
entrance and the intersection with Chettle Road, in accordance with
Rural Road (Class 1000-2999 Table D1.4) of the Mareeba Shire
Planning Policy No. 4 - Development Manual, to the satisfaction of
Council's delegated officer.
Prior to works commencing, plans for the works described above must
be approved as part of an Operational Works application.
Should the applicant choose to construct these works, the works must
be completed by the day the material change of use happens.
(D)
ASSESSMENT MANAGER’S ADVICE
(a)
Environmental Protection and Biodiversity Conservation Act 1999
The applicant is advised that referral may be required under the Environmental
Protection and Biodiversity Conservation Act 1999 if the proposed activities are
likely to have a significant impact on a matter of national environmental
significance. Further information on these matters can be obtained from
www.environment.gov.au.
(b)
Cultural Heritage
In carrying out the activity the applicant must take all reasonable and practicable
measures to ensure that no harm is done to Aboriginal cultural heritage (the
“cultural heritage duty of care”). The applicant will comply with the cultural
heritage duty of care if the applicant acts in accordance with gazetted cultural
heritage duty of care guidelines. An assessment of the proposed activity against
the duty of care guidelines will determine whether or to what extent Aboriginal
cultural heritage may be harmed by the activity. Further information on cultural
heritage, together with a copy of the duty of care guidelines and cultural heritage
search forms, may be obtained from www.datsima.qld.gov.au.
(c)
Compliance with applicable codes/policies
The development must be carried out to ensure compliance with the provisions
of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and
Planning Scheme Codes to the extent they have not been varied by a condition
of this approval.
(d)
Food Premises
Premises proposed for the storage and preparation, handling, packing or service
of food must comply with the requirements of the Food Act 2006.
Page 15
(e)
The following notation will be placed on Council’s Rate Record with respect to
the use:

(f)
Condition 3.7.1 Bushfire Management Plan
Compliance with Acts and Regulations
The erection and use of the building must comply with the Building Act and all
other relevant Acts, Regulations and Laws, and these approval conditions.
(g)
SunWater advice
The proposed development must provide adequate 'off channel' water storage to
service the proposed development site's water requirements during times of
irrigation channel shut down to allow SunWater to conduct emergency, and
regular maintenance works on the channel system.
(E)
CONCURRENCE AGENCY CONDITIONS
No requirements in accordance with Department of State Development, Infrastructure
and Planning response dated 20 February 2015.
(F)
RELEVANT PERIOD
When approval lapses if development not started (s.341)

(G)
Material Change of Use – four (4) years (starting the day the approval takes
effect);
OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS
 Development Permit for Building Work
(H)
OTHER APPROVALS REQUIRED FROM COUNCIL
 Compliance Permit for Plumbing and Drainage Work"
CARRIED
Page 16
ITEM-2
G & S GAMBINO - RECONFIGURING A LOT SUBDIVISION (2 INTO 4 LOTS) LOT 263 ON NR1920 &
LOT 64 ON RP835619 - 69 & 71 GILMORE ROAD,
MAREEBA - DA/15/0019
Moved by Cr Pedersen
"1.
Seconded by Cr Ewin
APPLICATION
G & S Gambino
APPLICANT
ADDRESS
DATE LODGED
24 March 2015
RPD
TYPE OF
APPROVAL
PROPOSED
DEVELOPMENT
Development Permit
PREMISES
69 & 71 Gilmore
Road, Mareeba
Lot 263 on NR1920 &
Lot 64 on RP835619
Reconfiguring a Lot - Subdivision (2 into 4 Lots)
Refused by Council for reasons set out in (B).
(A)
REFUSED DEVELOPMENT:
Development Permit for Reconfiguring a Lot Subdivision (2 into 4 Lots)
(B)
ASSESSMENT MANAGER’S REASONS FOR REFUSAL:
That Council considers:1.
The proposed development is in conflict with Part 4, Division 14, 4.77 Overall
Outcomes for Rural Zone code:
The overall outcomes sought for the Rural Zone Code are to achieve an area:
2.
(b)
where agricultural production and the raising of animals are protected from
incompatible land uses;
(c)
where Good Quality Agricultural Land is protected from fragmentation and
alienation, not developed for purposes other than agricultural and support
uses, and is protected from incompatible land uses in accordance with
SPP 1/92.
The proposed development is in conflict with Part 4, Division 14, 4.80 for Rural
Zone Code:
4.78 Building Siting, Scale and Amenity
S2
Agricultural activities are protected from incompatible land uses.
PS2.2
Non agriculture or agriculture - intensive uses which adjoin any
agriculture or agriculture - intensive uses are protected from spray
Page 17
drifts by the maintenance of a separation distance of 300 metres
between the agriculture or agriculture - intensive uses and the non
agriculture or agriculture - intensive uses.
4.80 Reconfiguring a Lot
S1
The viability of the farming industry throughout the Shire and including
Good Quality Agricultural Land, and future opportunities for farming
pursuits are not compromised.
PS1.1
Allotments to have a minimum area of 60 hectares and road
frontage of 300 metres within the area identified on Agricultural
Land Quality Maps S2, S3, S4, S5; or
3.
The proposed development is in conflict with land use policy 2.4.1, 2.4.2 and
2.6.1 of the Far North Queensland Regional Plan 2009-2031.
4.
That there are not sufficient grounds to justify approval, despite the identified
conflicts."
CARRIED
Cr Holmes recorded his vote against the motion
ITEM-3
M & G CRUSHING AND MATERIALS PTY LTD MATERIAL CHANGE OF USE - EXTRACTIVE INDUSTRY
- LOT 1 ON RP708157 - PICKFORD ROAD, BIBOOHRA DA/14/0032
Moved by Cr Pedersen
"1.
Seconded by Cr Brown
APPLICANT
DATE LODGED
TYPE OF
APPROVAL
PROPOSED
DEVELOPMENT
APPLICATION
M & G Crushing and
Materials Pty Ltd
22 July 2014
Development Permit
ADDRESS
RPD
PREMISES
Pickford Road,
Biboohra
Lot 1 on RP708157
Material Change of Use - Extractive Industry
Approved by Council in accordance with the approved plans/documents listed in (B), subject
to assessment manager conditions in (C), assessment manager’s advice in (D), concurrence
agency conditions in (E), relevant period in (F), further permits in (G), and further approvals
from Council listed in (H);
And
Page 18
The assessment manager does not consider that the assessment manager’s decision
conflicts with a relevant instrument.
(A)
APPROVED DEVELOPMENT: Development Permit for Material Change of Use Extractive Industry
(B)
APPROVED PLANS:
Plan/Document
Number
Figure 2
Prepared by
Layout and constraints
for
the
proposed
Pickford Road sand
quarry
Hydrogeological
Assessment - Pickford
Road Sand Quarry
Project No. 243
(C)
Plan/Document Title
Dated
NRA
September
2014
Rob Lait & Associates
28
2014
August
ASSESSMENT MANAGER’S CONDITIONS (COUNCIL)
(a) Development assessable against the Planning Scheme
1.
Development must be carried out substantially in accordance with the approved
plans and the facts and circumstances of the use as submitted with the
application, subject to any alterations:
-
2.
3.
found necessary by the Council’s delegated officer at the time of
examination of the engineering plans or during construction of the
development because of particular engineering requirements; and
to ensure compliance with the following conditions of approval.
Timing of Effect
2.1
The conditions of the development permit must be complied with to the
satisfaction of Council’s delegated officer prior to the commencement of
the use except where specified otherwise in these conditions of approval.
2.2
Prior to the commencement of use, the applicant must notify Council that
all the conditions of the development permit have been complied with,
except where specified otherwise in these conditions of approval.
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.
Page 19
3.3
All payments or bonds required to be made to the Council pursuant to any
condition of this approval must be made prior to commencement of the use
and at the rate applicable at the time of payment.
3.4
All works must be designed, constructed and carried out in accordance
with FNQROC Development Manual requirements (as amended) and to
the satisfaction of Council’s delegated officer.
3.5
Bushfire Management
A Bushfire Management Plan for the extractive industry must be prepared
to the satisfaction of Council's delegated officer. The approved use must
comply with the requirements of the Management Plan at all times.
3.6
Hours of Operation
All operations pursuant to the extractive industry, or in any way connected
with the extractive industry will, for site operations and for removal of
material, be limited to the hours between 7.00 am and 6.00 pm Mondays to
Friday and 7:00am to 12:00 noon Saturdays (except Public Holidays),
PROVIDED ALWAYS that the Council will have the right at any time, and
from time to time, to fix other hours of operation, and upon the fixing of any
such other hours of operation pursuant to the permit, or in any way
connected therewith, the extractive industry will be limited to such other
hours. The Applicant will not be allowed to conduct nor permit nor suffer to
be conducted, any extractive industry operation nor run nor start any
motors, machinery, or the like, nor remove any materials from the said land
on any Sunday or Public Holiday, or at any time outside the hours
mentioned or such other hours as will be fixed by Council.
3.7
The Applicant shall provide Council with records of quantities of material
extracted from the site on a monthly basis.
3.8
Submission of a Quarry Management Plan prepared by suitably qualified
and experienced person/s to Council's delegated officer for approval prior
to any operations commencing. The Quarry Management Plan is to include
at least the following details:
(i)
operational details including:








hours of operation;
numbers, type and location (if fixed plant) of plant and
machinery;
expected life of pit;
numbers of employees on site and off site;
employee facilities;
operational procedures (including control of noxious weeds and
disposal of pollutants, such as oils, broken machinery, effluent,
etc);
proposals for ongoing environmental monitoring and reporting
including any associated operator training;
heritage contingency plan with respect to potential or actual
Aboriginal heritage sites;
Page 20

(ii)
method of recording of material sales and the location where
such records are to be kept.
a scale site plan of the entire proposed extraction site with the
following details:








contours over proposed extraction areas;
location of all operational areas including dimensions and
distances to nearest houses, boundaries and creeks;
proposed land for extraction for the first 5 years of operations
(to be updated annually);
stockpile and overburden storage areas;
internal access tracks;
vehicle storage and refuelling areas;
fuel storage area;
garbage and waste storage areas.
(iii)
an Erosion and Sediment Control Plan in accordance with condition
3.13.4.5 of this approval.
(iv)
a Rehabilitation Plan in accordance with condition 3.13.6 of this
approval.
(v)
a Bushfire Management Plan in accordance with condition 3.5 of this
approval.
Operations pursuant to the extractive industry must be carried out in
accordance with the approved Quarry Management Plan.
3.9
The applicant will be required to take every precaution to avoid spillage
and any spillage which occurs on any public road, shall be removed at the
end of each working day or within four (4) hours of any verbal requirement
by Council's delegated officer.
3.10 The excavation of material will be required to be confined to the extractive
industry area, subject to the conditions and requirements of the Council
and/or other Authority and all operations will be carried out in such a
manner that no erosion occurs in any adjoining or other land outside the
extractive industry area. Excavation depth is not to exceed 8 metres.
3.11 The applicant shall ensure that no declared plants are transported from the
site during the operation of the extractive industry.
3.12 Flood Immunity
Any new buildings must be located such that the freeboard of the floor
levels of all habitable rooms are a minimum of 300mm above the 100 ARI
year level.
3.13 Prevention of Environmental Harm
3.13.1
Prevent and /or minimise likelihood of environmental harm
Page 21
3.13.1.1 In carrying out the activity, the applicant must take all
reasonable and practicable measures to prevent and/or
to minimise the likelihood of environmental harm being
caused. Any activity, that, if carried out incompetently,
or negligently, may cause environmental harm, in a
manner that could have been prevented, shall be
carried out in a proper manner in accordance with the
conditions of this approval.
3.13.1.2 NOTE: This approval authorises the activity. It does not
authorise environmental harm unless a condition
contained within this approval explicitly authorises that
harm. Where there is no condition or the approval is
silent on a matter, the lack of a condition or silence shall
not be construed as authorising harm.
3.13.2
Dust Minimisation
3.13.2.1 Stockpiling and all mechanical operations (including
haul road) shall be so located and maintained as to
prevent dust, sand or soil blowing onto a road or land
that is not being used for the extractive industry.
3.13.2.2 Internal unsealed roadways, quarry floor and
stockpiles are to be watered as required to minimise
dust generation impacting on the natural or built
environment.
3.13.2.3 Stockpiles are not to exceed four (4) metres in height.
3.13.2.4 The applicant must ensure that trucks hauling material
are in a condition, which prevents the deposition of
material on any sealed public road, prior to leaving the
site.
3.13.2.5 The applicant must ensure trucks transporting material
from the subject land are covered as soon as
practicable after loading to prevent wind blown releases
and spillage. The covering must be maintained until
unloading the trucks.
3.13.3
Waste Management
3.13.3.1 Solid Waste
All domestic and industrial solid waste shall be removed
from the subject land and disposed of at a licensed
landfill.
3.12.3.2
Liquid waste
No oil, grease or solvents shall be discharged to waters.
All waste grease, solvents and oil will be taken off the
Page 22
subject land for recycling, treatment or disposal at an
approved facility.
3.13.4
Water Management
3.13.4.1 Implementation of methods proposed in
Hydrogeological Assessment by Rob Lait
Associates Pty Ltd.
the
and
The following specific methods are to be implemented
to ensure that the extractive industry will not significantly
impact on ground water quality:

Pumped groundwater must be retained within Lot
1 on RP708157 with no additional discharge to
Two Mile Creek;

No infrastructure that can cause groundwater
contamination is to be constructed in a corridor
that extends 50 metres from Two Mile Creek.

Bund walls be installed to divert flow to holding
storage ponds for pumping back as processing
water.
3.13.4.2 Storage and handling of Hazardous Materials
All hazardous materials are to be appropriately stored,
above the 100 ARI year level and at least 100 metres
from Two Mile Creek, so as to prevent environmental
damage in case of spillage or contaminated lands.
Fuels, oils and lubricants shall be stored in an
impermeable permanent bunded area with holding
capacity of 110% of the total volume of all containers.
Fuel and oil shall be only handled or transferred in
designated areas on the site. Plans showing the
designated areas and details of bunds and drainage
shall be submitted to and approved by the Council and
approved works shall be carried out before any such
handling or transfer area is used.
3.13.4.3 Any wash waters must be directed to a sediment basin.
This basin must be maintained in condition which will
ensure that all wash waters are contained within its
banks.
Any erosion caused by the escape of wash waters must
be managed immediately to prevent the creation of a
wash out.
Page 23
3.13.4.4 Sediment Retention
(a)
Where a sediment basin is to be installed it must
be constructed and maintained to contain all run
off. The size of the sediment basin must be
sufficient to contain the run-off expected from a 24
hour storm with an average recurrence interval of
1 in 5 years.
(b)
The sediment basin must be emptied of sediment
as necessary to maintain the design capacity.
(c)
Any sediment removed from a retention pond
must be stored in a manner, which will prevent it
from entering a watercourse.
3.13.4.5 Sediment and Erosion Control Plan
A Sediment and Erosion Control Plan is to be prepared
by a suitably qualified and experienced person to the
satisfaction of Council delegated officer. The plan is to
detail:







proposed erosion and sediment control strategies
to be incorporated in the operation;
design plans for drainage structures and
sedimentation dams. Sediment dams must be
designed for a minimum of a 1 in 5 year, 24 hour
storm event;
maintenance schedules;
measures for the diversion of clean water around
the quarry site;
any proposed reuse of water from sedimentation
basins;
location of all drainage lines and waterways;
event based water quality monitoring program
incorporated to assess the adequacy of
sedimentation dams and compliance with design
criteria.
No physical work is to be undertaken under this
approval prior to the written endorsement of the plan by
the Council's delegated officer.
All operations are to be undertaken in compliance with
the endorsed Sediment and Erosion Control Plan.
3.13.5
Stormwater management
(a)
Stormwater shall be diverted away from contaminated
areas. Contaminants must not be directly or indirectly
released from the subject land to any waters or the bed and
banks of any waters. Stormwater silt traps shall be installed
Page 24
to prevent material entering watercourses or stormwater
drains.
(b)
3.13.6
There must be no release of stormwater runoff that has
been in contact with any contaminants at the site to any
waters, watercourses or stormwater drains. The applicant
must prevent the release of sediment to waters or a build up
of sediment in any stormwater drain. Storm water shall be
managed in a manner, which will prevent erosion.
Rehabilitation
A Site Rehabilitation Management Plan is to be prepared by a
suitably qualified and experienced person detailing the
timing/staging of vegetation removal, method of removal and the
sequence of operations and rehabilitation works.
Site rehabilitation works must be provided in a progressive
manner in accordance with extraction sequences and staging. The
method of rehabilitation needs to be detailed with appropriate
revegetation strategies indicated including the species list to be
used including plant source. The plan is to be submitted to Council
and operations are not to commence prior to receipt of Council’s
approval of the plan.
All site rehabilitation is to occur in accordance with the approved
Site Rehabilitation Management Plan.
4.
Infrastructure Services and Standards
4.1
Access
A Commercial access crossover, for the extractive industry access, must
be constructed (from the edge of the sealed road pavement (required
under Condition 4.2) to the property boundary of the subject lot) in
accordance with the FNQROC Development Manual, to the satisfaction of
Council’s delegated officer.
The access culvert needs to be replaced with a 600 diameter reinforced
concrete pipe and 15 metre radius splays need to be provided on the
access. In addition, the grassed drain and nature strip along the boundary
of the property with Pickford Road needs to be slashed for the length of the
property boundary
The applicant/developer is to make an application for driveway access onto
a Council road. The application is to be accompanied by the relevant fee
and will be required to certify or be assessed for compliance by Council's
delegated officer.
4.2
Roadworks – External Construction
Pickford Road, between the access into the extractive industry on Lot 1 on
RP708157 and Lot 286 on NR7455, must be upgraded/constructed to
Page 25
Rural Road (less than 100vpd with 4.5 metre bitumen seal) standard in
accordance with FNQROC Development Manual standards (as amended)
to the satisfaction of Council’s delegated officer.
Prior to works commencing, plans for the works described above must be
approved as part of an Operational Works application.
(D)
ASSESSMENT MANAGER’S ADVICE
(a)
A number of other charges or payments may be payable as conditions of
approval. The applicable fee is set out in Council’s Fees & Charges Schedule for
each respective financial year.
(b)
Compliance with applicable codes/policies
The development must be carried out to ensure compliance with the provisions
of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and
Planning Scheme Codes to the extent they have not been varied by a condition
of this approval.
(c)
Environmental Protection and Biodiversity Conservation Act 1999
The applicant is advised that referral may be required under the Environmental
Protection and Biodiversity Conservation Act 1999 if the proposed activities are
likely to have a significant impact on a matter of national environmental
significance. Further information on these matters can be obtained from
www.environment.gov.au.
(d)
Cultural Heritage
In carrying out the activity the applicant must take all reasonable and practicable
measures to ensure that no harm is done to Aboriginal cultural heritage (the
“cultural heritage duty of care”). The applicant will comply with the cultural
heritage duty of care if the applicant acts in accordance with gazetted cultural
heritage duty of care guidelines. An assessment of the proposed activity against
the duty of care guidelines will determine whether or to what extent Aboriginal
cultural heritage may be harmed by the activity. Further information on cultural
heritage, together with a copy of the duty of care guidelines and cultural heritage
search forms, may be obtained from www.datsima.qld.gov.au.
(e)
Transportation of Soil
All soil transported to or from the site must be covered to prevent dust or spillage
during transport. If soil is tracked or spilt onto the road pavements as a result of
works on the subject site, it must be removed prior to the end of the working day
and within four (4) hours of a request from a Council Officer.
(E)
CONCURRENCE AGENCY CONDITIONS
Department of State Development, Infrastructure and Planning conditions dated 27
October 2014.
Page 26
(F)
RELEVANT PERIOD
When approval lapses if development not started (s.341)

(G)
Material Change of Use – four (4) years (starting the day the approval takes
effect);
OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS
 Development Permit for Operational Works
(H)
OTHER APPROVALS REQUIRED FROM COUNCIL
 Access approval arising from condition number 4.1 (Please contact Council’s
Urban & Regional Planning Group to obtain application form and applicable
fee)"
CARRIED
ITEM-4
APPLICATION FOR UPGRADE OF TENURE FROM
OCCUPATIONAL LICENCE TO TERM LEASE - LOT 537
ON OL448, PARISH OF MYOSOTIS
Moved by Cr Graham
Seconded by Cr Ewin
"That Council offer no objection to the upgrade of tenure from occupational licence to term
lease over land described as Lot 537 on OL448, Parish of Myosotis and advise the
Department of Natural Resources and Mines that Council has no knowledge of any local
non-indigenous cultural heritage values associated with the land."
CARRIED
ITEM-5
APPLICATION FOR CONVERSION OF TERM LEASE TO
FREEHOLD - LOT 283 ON NR7173 & LOT 284 ON
NR7783, PARISH OF FORMARTINE
Moved by Cr Brown
Seconded by Cr Graham
"That Council offer no objection to the conversion to freehold of the term lease over land
described as Lot 283 on NR7173 and Lot 284 on NR7783, Parish of Formartine, subject to
practical lawful access being provided to Lot 283, and advise the Department of Natural
Resources and Mines that Council has no knowledge of any local non-indigenous cultural
heritage values associated with the land."
CARRIED
Page 27
GOVERNANCE AND COMPLIANCE
ITEM-6
APPOINTMENT OF GREAT WHEELBARROW RACE
SPECIAL COMMITTEE
Moved by Cr Brown
Seconded by Cr Ewin
"That:
1. Council appoint a Special Committee under section 264 of the Local Government
Regulation 2012 for the purpose of organising and running the annual Great Wheelbarrow
Race, with such Committee to be known as the Great Wheelbarrow Race Special
Committee.
2. The following persons be appointed as members of the Great Wheelbarrow Race Special
Committee:
Committee Positions:
Cr E Brown
President
Stacey Maisel
Secretary
Terry Roos
Chief Marshall
John Hardy
Chief Timekeeper
Natasha Shroj
Publicity Officer
Chris Lea
Rules and Regulations
Police Officer nominated by Queensland Police to be the Police Representative on the
Committee.
The Committee may invite other members in an advisory capacity.
Further, that it be Council's intention that the Committee work towards becoming an
independent, stand-alone Committee over a period of two (2) to four (4) years."
CARRIED
ITEM-7
CHILLAGOE INDUSTRIAL ESTATE STREET NAMES
Moved by Cr Holmes
"That the two (2) unnamed streets in the Chillagoe Industrial Estate be named as follows:
1. The short section of road off Pont Street between lots 41 and 42 be named Chong Street;
and
2. The section of road off Zillmanton Road which fronts lots 3, 4, 5, 6 and 7 be named
Kinnear Street."
CARRIED
Page 28
ITEM-8
DEVELOPMENT
AND
QUARTERLY REPORT
GOVERNANCE
Moved by Cr Brown
GROUP
Seconded by Cr Graham
"That Council receive and note the quarterly report of the Development and Governance
Group for January to March 2015."
CARRIED
FINANCE
ITEM-9
CEMETERIES AND FINANCE FEES AND CHARGES
2015-2016
Moved by Cr Holmes
Seconded by Cr Brown
"That Council adopt the 2015/16 Fees and Charges for Cemeteries and Finance, attached to
these Minutes as Appendix 1."
CARRIED
ITEM-10
WATER & WASTE GROUP,
SCHEDULE 2015/2016
Moved by Cr Brown
FEES
&
CHARGES
"That Council receive this report regarding Fees & Charges for the 2015/2016 financial year
and adopt the schedule of Fees & Charges for the 2015/2016 financial year, attached to
these Minutes as Appendix 2."
CARRIED
ITEM-11
FINANCIAL STATEMENTS PERIOD ENDING 31 MARCH
2015
Moved by Cr Ewin
"That Council note the financial report for the period ending 31 March 2015."
CARRIED
CHIEF EXECUTIVE OFFICER
PETITION
Page 29
ITEM-12
PETITION REGARDING ROAD CONDITION BETWEEN
DIMBULAH
AND
MOUNT
MULLIGAN
AND
KINGSBOROUGH
Moved by Cr Brown
Seconded by Cr Ewin
"That Council receive the petition and refer it to the CEO for consideration."
CARRIED
BUSINESS WITHOUT NOTICE
Nil
NEXT MEETING OF COUNCIL
The next meeting of Council will be held at 9:00 am on Wednesday 6 May 2015
There being no further business, the meeting closed at 10:39 am.
.....................................................
Cr Tom Gilmore
Mayor
Page 30
APPENDIX 1 - ITEM-9 CEMETERIES AND FINANCE FEES AND CHARGES
2015-2016
Page 31
Proposed fees and charges – Finance
Page 32
APPENDIX 2 - ITEM-10 WATER & WASTE GROUP, FEES & CHARGES
Page 33
Page 34
Page 35

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