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Ordinary Meeting
Council Chambers
Date: 1 April 2015
Time: 9:00am
MINUTES
Mareeba Shire Council -Minutes
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Wednesday 01 April 2015
Mareeba Shire Council - Minutes
Wednesday 01 April 2015
MEMBERS IN ATTENDANCE
Members Present: Cr T Gilmore (Mayor), Crs, J Jensen, A Holmes, M Graham, K Ewin, E
Brown and A Pedersen.
APOLOGIES/LEAVE
BUSINESS
OF
ABSENCE/ABSENCE
ON
COUNCIL
Nil
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 Minutes.
CONFIRMATION OF MINUTES
Moved by Cr Graham
Seconded by Cr Jensen
"That the Minutes of the Ordinary Council Meeting held on 18 March 2015 be confirmed as
true and correct."
CARRIED
BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS
Nil
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Wednesday 01 April 2015
CORPORATE AND COMMUNITY SERVICES
REGIONAL LAND USE PLANNING
ITEM-1
NGOONBI CO-OP SOCIETY LTD - MATERIAL CHANGE
OF USE - COMMUNITY FACILITY (RESPITE CENTRE)
LOT 2 RP718213 - 29-31 BARANG STREET, - KURANDA
- DA/15/0009
Moved by Cr Jensen
"1.
Seconded by Cr Brown
That in relation to the following development application:
APPLICANT
DATE LODGED
TYPE OF
APPROVAL
PROPOSED
DEVELOPMENT
APPLICATION
Ngoonbi Co-Op Society Ltd
9 February 2015
Development Permit
ADDRESS
RPD
PREMISES
29-31 Barang Street,
Kuranda
Lot 2 on RP718213
Material Change of Use - Community Facility (Respite Centre)
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), relevant
period in (E), further permits in (F), and further approvals from Council listed in (G);
And
The assessment manager does consider that the assessment manager’s decision conflicts
with a relevant instrument.
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
S9
Sufficient car parking spaces are
provided to accommodate the
demand likely to be generated by
the use.
The community benefit arising from the continued operation
of the respite service is significant and is considered to
outweigh the occasional overloading of on street car
parking in the vicinity of the development.
S11
The development provides for
parking spaces in the vicinity of the
development to accommodate the
demand likely to be generated by
the use.
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Wednesday 01 April 2015
(A)
APPROVED DEVELOPMENT: Development Permit for Material Change of Use Community Facility (Respite Centre)
(B)
APPROVED PLANS:
Plan/Document
Number
(C)
Plan/Document Title
Prepared by
Dated
DD-01 Rev B
Proposed Site Plan
MiHaven
10.03.15
SK-02 Rev A
Proposed Elevations
MiHaven
04.02.15
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 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 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.
3.3
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.
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3.4
Wednesday 01 April 2015
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 and a maximum noise level of 8dB(A) above
background levels as measured from commercial locations.
3.5
Waste Management
On site refuse storage area must be provided and be screened from view
from adjoining properties and road reserve by 1 metre wide landscaped
screening buffer, 1.8m high solid fence or building.
3.6
Hours of Operation
The operating hours shall be between 8:30am and 4pm.
3.7
4.
Signage
(i)
No more than one (1) sign shall be erected on the subject land to
advertise the approved use. The sign may front either Barang Street
or Thongon Street and is not to exceed 3 square metres (sign face
area).
(ii)
Signage must be kept clean, in good order and safe repair for the life
of the approval.
(iii)
Signage must be removed when no longer required.
Infrastructure Services and Standards
4.1
Access
An access crossover must be constructed (from the edge of the Barang
Street 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.
The developer must ensure that any redundant vehicle crossovers are
removed and reinstated with kerb and channel.
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
Stormwater Drainage
4.2.1 The applicant/developer must take all necessary steps to ensure a
non-worsening effect on surrounding land as a consequence of the
development.
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Wednesday 01 April 2015
4.2.2 All stormwater drainage must be collected from site and discharged
to an approved legal point of discharge.
4.3
Car Parking/Internal Driveways
The developer must ensure that the development is provided with a
minimum of five (5) on-site car parking spaces including one (1) community
bus parking space which are available solely for the parking of vehicles
associated with the use of the premises. All car parking spaces must be
sealed, line-marked and appropriately drained prior to the commencement
of the use, to the satisfaction of Council's delegated officer.
The proposed car parking facilities and internal driveways must comply
with:
- Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities;
- Australian Standard AS1428:2001 – Design for Access and Mobility.
4.4
Landscaping and Fencing
4.4.1 Prior to the commencement of the use, landscaping of the site must
be carried out generally in accordance with the approved site plan
(Drawing No. DD-01 Rev. B) dated 10 March 2015, to the
satisfaction of Council's delegated officer.
Plant species used in landscaping should be in accordance with
those species listed in Schedule A of Planning Scheme Policy 9 Landscaping.
4.4.2 The landscaping of the site must be irrigated, mulched and
maintained to the satisfaction of Council’s delegated officer.
4.5
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
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Wednesday 01 April 2015
objects correctly. i.e. ‘white’ light. Particular attention should be given to
pathways, driveways and common external spaces.
(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)
The change in the use of the building may also require a change in the
classification of the building under the Building Act. The applicant is advised to
contact a Building Certifier to establish if a change in the classification of the
building is required.
(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)
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.
(e)
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.
(f)
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
(g)
Notation on Rates Record
A notation will be placed on Council’s Rate record with respect to Condition 4.3Car Parking/Internal Driveways:
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Mareeba Shire Council - Minutes
(E)
Wednesday 01 April 2015

Council has accepted five (5) on-site car parking spaces for the respite centre
development which is below the 9 car parking spaces nominated by the draft
planning scheme for a Community Care Centre (respite centre).

The subject land is not deemed to have a credit for the four (4) car parking
spaces not provided on site.
RELEVANT PERIOD
When approval lapses if development not started (s.341)

(F)
OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

(G)
Material Change of Use – four (4) years (starting the day the approval takes
effect);
Development Permit for Building Work
OTHER APPROVALS REQUIRED FROM COUNCIL
 Compliance Permit for Plumbing and Drainage Work
 Access approval arising from condition number 4.1 (Please contact Planning
Section to obtain application form and applicable fee).
2.
That the 2014/15 financial year material change of use (impact assessment - medium)
application fee of $2,380.00 be maintained for Development Application DA/15/0009."
CARRIED
ITEM-2
APPLICATION FOR TERM LEASE - LOT 6 ON AP21240,
PARISH OF IRVINEBANK & ORD
Moved by Cr Pedersen
Seconded by Cr Ewin
"That Council offer no objection to the issue of a term lease for grazing purposes over land
described as Lot 6 on AP21240 Parish of Irvinebank & Ord 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
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Mareeba Shire Council - Minutes
ITEM-3
Wednesday 01 April 2015
JAT REFRIGERATED ROAD SERVICES AUSTRALIA PTY
LTD - MATERIAL CHANGE OF USE - FREIGHT DEPOT LOT 63 ON SP217451 - 94 MALONE ROAD, MAREEBA DA/14/0044
Council agreed to hold this item over to the Council Meeting to be held on the 6 May 2015.
The applicant made a presentation to Council and then agreed to the extension of the
decision making period for the application DA/14/0044 to allow the Council to consider the
application at the Council meeting to be held on the 6 May 2015.
GOVERNANCE AND COMPLIANCE
ITEM-4
SURRENDER OF TWO (2) NON COMPETITIVE LEASES
AT CHILLAGOE
Moved by Cr Holmes
Seconded by Cr Graham
"That Council surrender the two Non Competitive Leases held by it at Chillagoe over Lots 1
and 2 MPH30674 - NCL 0/212210 and NCL 0/212211."
CARRIED
FINANCE
ITEM-5
HEALTH AND LOCAL LAWS FEES 2015-16
Moved by Cr Ewin
Seconded by Cr Pedersen
"That Council:
1.
Adopt the proposed fees attached to these Minutes as Appendix 1 for Animal
Management, Environmental Health and Local Laws Activities; and
2.
Endorse the ongoing arrangement in place whereby new applications received for
licences, registrations and approvals on or after 1 April each year are given an
extended currency period to 30 June in the following financial year.”
CARRIED
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INFRASTRUCTURE SERVICES
TECHNICAL SERVICES
ITEM-6
TRAFFIC ADVISORY COMMITTEE
MEETING HELD 17 MARCH 2015
Moved by Cr Pedersen
-
MINUTES
OF
Seconded by Cr Brown
"That Council notes the TAC meeting minutes of 17 March 2015, and resolves to:
1. In respect to Item 14.09-05, Council officers relocate the "No Parking" sign located
adjacent to the Walsh and Hort Street intersection outside the Mareeba Police
Station closer to the first car parking bay to clearly identify the parking area;
2. In respect to Item 15.03-02, Council remove the car park on the northern side of the
Post Office exit on Railway Avenue improving visibility for vehicles looking to the right
when exiting;
3. In respect to Item 15.03-03, Council write to the Minister for Transport and Main
Roads expressing the need for additional vehicle overtaking lanes to be constructed
on the Kennedy Highway between Mareeba and Kuranda due to the increased
volume of vehicles and numerous complaints of driver behaviour received by QPS;
4. In respect to Item 15.03-11, Council investigate the installation of "Reduce Speed"
signs on Springs Road on the western side of the McMillian Road intersection."
CARRIED
ITEM-7
EXTENSION OF MACKAY SUGAR PERMIT PROVISION
FOR B-DOUBLE ACCESS INCLUDING THE 2015 CANE
HARVESTING SEASON
Moved by Cr Pedersen
Seconded by Cr Ewin
"That Council approve B-Double access to the extended routes for a period of one (1) year
taking into account the 2015 sugar cane harvesting season and retain the travel and
operating conditions imposed for the 2014 trial under Permit 6778."
CARRIED
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ITEM-8
Wednesday 01 April 2015
SIMULTANEOUS ROAD OPENING & CLOSING TO
ADDRESS REALIGNMENT OF DEDICATED ALIGNMENT
OF ROAD AREA TO THE CONSTRUCTED ALIGNMENT
AT LOT 80 HG93 - BRAUND ROAD, DIMBULAH
Moved by Cr Pedersen
Seconded by Cr Ewin
"That Council advise the Department of Natural Resources and Mines that it does not wish
to proceed with a simultaneous road opening and closure application over Lot 80 HG93,
Locality of Dimbulah, Parish of Leadingham."
CARRIED
ITEM-9
APPLICATION FOR PERMANENT ROAD CLOSURE
OVER
PART
OF
MAREEBA-ATHERTON
ROAD
ADJOINING LOT 1 ON RP735702
Moved by Cr Jensen
Seconded by Cr Brown
"That Council advise the Department of Natural Resources and Mines that it has no
objection to the permanent road closure of an area of about 0.316 ha (Lot A) being an
unused portion of Mareeba Atherton Road abutting Lot 1 on RP735702, Locality of Mareeba,
Parish of Tinaroo as shown on the Department of Natural Resources and Mines Preliminary
Plan CNS15/014P dated 2 March 2015."
CARRIED
CHIEF EXECUTIVE OFFICER
ITEM-11
ATTENDANCE AT NATIONAL GENERAL ASSEMBLY OF
LOCAL GOVERNMENT
Moved by Cr Ewin
Seconded by Cr Graham
"That Council approves the attendance at the 2015 National General Assembly of Local
Government (NGA) by Cr Jensen."
CARRIED
BUSINESS WITHOUT NOTICE
ADHOC-1
NO LITTERING AND NO FISHING SIGNS TO BE
INSTALLED
Moved by Cr Pedersen
Seconded by Cr Graham
"That Council erect 'No Littering' signs on the Rex and Kuranda Ranges and erect 'No
Fishing on the Bridge' signs on the Boyle Creek Bridge on Fassio Road"
CARRIED
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CLOSURE OF MEETING - 9.30am
Moved by Cr Jensen
Seconded by Cr Graham
"That in accordance with Section 275(1)(f) of the Local Government Regulation 2012, the
meeting be closed to the public to discuss matters relative to starting or defending legal
proceedings involving Council."
CARRIED
OPENING OF MEETING - 9.32am
Moved by Cr Brown
Seconded by Cr Ewin
"That the meeting be opened."
CARRIED
ITEM-10
STORMWATER
PROPERTY CONFIDENTIAL
DRAINAGE ISSUES ON PRIVATE
20 ANZAC AVENUE, MAREEBA
Moved by Cr Brown
Seconded by Cr Graham
“That Council endorse the offer made by the Mayor and CEO to the owner of a property
situated on Anzac Avenue, Mareeba to resolve a long standing drainage issue affecting the
property, namely that Council:
1. Take out an easement over the underground drainage pipes and outfall on the subject
land;
2. Compensate the property owner for any decrease in land value as determined by a
registered valuer;
3. Pay the property owner a compensation amount of $10,000 towards costs incurred to
date;
4. Undertake improvements to the underground drainage system to prevent ponding of
stormwater on the subject property, at an estimated cost of $55,000.
And that funding for points 1, 2 and 3 be sourced from the general operational budget and
that point 4 be considered in the 2015/16 capital works budget."
CARRIED
NEXT MEETING OF COUNCIL
The next meeting of Council will be held at Chillagoe 10:00 am on Wednesday 15 April 2015
There being no further business, the meeting closed at 9.34 am.
.....................................................
Cr Tom Gilmore
Mayor
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APPENDIX 1 - ITEM-5
Wednesday 01 April 2015
Health and Local Laws Fees 2015-16
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