Wednesday 23 September 2009

Freebody's waterpark deferred; No to Lavis subdivision

Cairns Regional Council has deferred a decision to approve Paul Freebody's controversial waterpark proposal, that is planned for construction in the middle of the flood-prone Barron River delta.

Deputy Mayor and Freebody sympathiser, Councillor Margaret Cochrane wanted a second recommendation that she promoted, loaded with extra conditions, to be voted on today. This was in stark contrast to the Assessment Manager's original recommendation, that slammed the project going ahead on the Dillon Road site.

"I think we should press ahead," Cochrane told the meeting.

However serious concerns were raised by Councillors, who had only just been provided with a copy of the second recommendation. They felt there was no time to give the new recommendation, that amounted to more than 20 pages, any consideration.

Councillor Kirsten Lesina, supported by Julia Leu, led the charge to defer any decision, and said it should be considered at a later meeting. There was a heated discussion in the Council Chamber as the decision was made to defer the developer's application.

The application to sub-divide a large Roy Lavis' lot of private land above Mansfield Street, Whitfield, was not supported.

Council voted 8-2 in favour of the amendment to backzone False Cape from Special Facilities to Rural 1. Only Paul Gregory and Alan Blake voted against. Council agreed to spend more money on urgent remediation work at the beleaguered site, East Trinity. Last year, $150,000 was spent to prepare the land for the wet season, as the owner fled under a Federal investigation of it's future.

The application AFL for an accommodation facility on Buchan Street, removing much-needed sports ground, was approved. The conditions will be presented at a future meeting

The application for a multi-unit housing alongside the Canopy's Edge hillside development at Smithfield, was pulled by the applicant at the last minute. Council planners have recommend that this not be approved.


Jude Johnston said...

With all the talk this morning at the Council Meeting, Acting CEO Tabuleau advised the Councillors that the Officers Report was still to refuse the application. The vote was deferred because some councillors wanted time to digest the alternative conditions before voting whether or not to approve.

Congratulations go to Counillor Leu who reiterated it is not about jobs and whether or not it is a tourist attraction, it is the building on the Barron River Delta.

Paul Freebody's lover said...

Come on Cairns.. this is just what Cairns needs stop getting in the way of productive activity's what else could the land be used for. you can tell me in the future something wont ever be built there look at the start of kuranda sub-division this floods also go-kart track and gold range all go under...

i wish michael moore would go under i'm sick if hearing his utter crap that he puts on this site.. would could you expect from such alittle guy..hiding behind his computer a clifton beach.. Can we put something personal about him on here... Of course not he would not publish it, he can't stand being attacked if people of this blog knew the amount of comments that he moderated and adds bits that where never even said you would all stop posting. im going to start and wont moderate a thing ever if you post michael moore's address and phone number...
hahaha this guy is such a joke but i guess you cant take a guy serious if he only stands about 4ft high

Clifton Ghost said...

To Paul Freebody's Lover,
Your statement "i wish michael moore would go under i'm sick if hearing his utter crap that he puts on this site.. would could you expect from such alittle guy..hiding behind his computer a clifton beach.. "

What utter crap you write yourself - Mike does not live at Clifton Beach!

I really hate hypocrites, and you seem to be filling that bill perfectly at the moment!

Mark Buttrose, Save our Slopes Community Action Group Inc said...

Ben and all that stood firm (for the Lavis application)
Congratulations – this was a key campaign in the ongoing battle for effective protection of hillslopes in the Cairns Region.
The campaign was well run and a credit to all concerned.
Fantastic, I’m over the moon, this would not have been the result 2 years ago.

Adam Miller,Environmental Defenders Office of NQ said...

It's very strange about Paul Gregory particularly considering this: the better view is that no compensation will be payable by CRC for removing the Special Facilities Overlay (SPO). 

The reason (which I recall Picha Djohan agreeing with when I spoke to her some months ago) is this:

1.       Removing the SPO is an amendment which will give effect to the FNQ2031 Regional Plan; and

2.       S.5.4.4(1)(a) of IPA provides an exemption to compensation in circumstances where the market value of land is reduced by an amendment which reflects a regional plan.

Councillors have been specifically advised of this in the past, and I reconfirmed this advice to them this morning (although I may have been a little late this morning…).

Anyway, it wont affect the vote as that has happened how we wanted, but it may make some Councillors breathe a little easier.

Jan from Kewarra said...

I find it interesting that on the issue of the Water Park, that the Council planners vetoed this DA.

The situation whereby Council Planners do not recommend a development is a very rare occurrence. It is almost a unique situation really, and the evidence must have been ovewhelmingly against and contrary even to the concept of a Water Park under water for part of every year.

So why would any Councillor, and the Deputy Mayor at that, even be thinking that this would be OK with 1 page of conditions let alone 20 pages of conditions?

That somehow, with conditions, that all that overwhelming and contrary evidence and against planners advice would suddenly become a non significant an issue.

Perhaps you would care to explain Margaret, so the rest of us mere residents can understand your viewpoint?

Clifton Ratbags Rule said...

Freebody's lover (if "getting fucked" qualifies, we're all candidates)

Tell your buddy Paul that the party's over. Did'ja read the "alternative approval" put forward by staff and Cochrane? No way these conditions can be met (700 parking spaces on this site leaves no room for any attractions however given the shortage of parking in the city, perhaps "parking" now qualifies as an "attraction")

How about a big carwash, Paulie?

This failure is the result of the Freebody's greed. Other sites were offered to them, more appropriate sites, that required they "share" or "partner" with an experienced tour operator. FREEBODY REFUSED. Wants to keep all the bikkies for himself. Now he's got none.

Adios, Paul.

Peabody's Lover's Mum said...

'im going to start' - Paul Freebody's Lover, mate, with your crap spelling, punctuation and grammar you wouldn't even be able to log in, that'll own be able to moderate your own blog.

Constance Lloyd said...

Seems to me PFL started his celebrations a little early and is slightly tipsy - no wait ...isn't that John Macca who has the liquid lunch?

My goodness, could PFL Be Macca?

John Rainbird, GBRMPA said...

Well done folks – a great effort, and good to see so many of the council getting behind it.

John Rainbird

Senior Regional Liaison Officer - Far Northern Region Regional Engagement and Planning Great Barrier Reef Marine Park Authority

Steven Nowakowski said...


Funny about Paul Gregory.? I spoke to him on Saturday and he was concerned about the receivers suing CRC if CRC backzoned False Cape and therefore made the land less valuable. I urged him to vote for the backzoning because no one has money to take legal action against CRC and it will send a positive vibe to the community that the Council wants to protect our hillslopes. Anyway, I got the impression from him he wasn't comfortable voting for the backzoning.

Nevertheless a great outcome and a big thanks to Denis, Mark and Adam for helping to push this through.

Also, a big thanks to those Councillors who have voted accordingly. I think Val needs to put out a press release promoting what has been achieved.

Al said...

Thanks Jan from Kewarra for that request of the deputy mayor to explain her postion to us. The ongoing and repeated machiavellian politicking by a gang of long standing councillors warrants we have a full explanation on this issue. Why Margaret, why?

Guido the Plumber said...

Two sets of recommendations,
One set rejects the Development application.
The other recommends conditional approval.
How odd!! I am confused!
One must ask did the Town Planning Department come under duress? What role did Cr Margaret Cochrane play
Did she instruct the Department to put together a set of conditions with a recommendation to approve?
The community is waiting for your reappearance on the Blog to explain your actions!

Jude Johnston said...

Yesterday's Council Meeting demonstrated how Agenda items were handled under the previous Council and how they are handled now. Previously, no one would know about what was on the Agenda until the day of the Meeting. A Councillor would present an alternative recomendation often with changes of conditions, on the day of the meeting and this would get pushed through. This Council operates differently, with Kirsten Lesina, Julia Leu, Rob Pyne, Dianne Forsyth, Linda Cooper not prepared to be railroaded into something that they have not had time to read through and comment on. Unfortunately, the old guard Councillors, Blake, Bonneau and Chocrane are still stuck in a rut.

Cr Paul Gregory said...

Good morning all. Good to see I'm getting carved up again about False Cape. Upfront let me say that if the rezoning application of 1987 came before the 2000 Council I'm pretty sure it would have been knocked back, and if that same application was presented to the current 2008 Council I KNOW it would have been knocked back. In both hypothetical cases I would have voted against any rezoning into special facilities/residential/whatever. But that's not the history. Both times this sorry saga has been presented to a Council I have been a part of the question to me hasn't been about the land use question, it's been about Cairns ratepayers exposure to compensation. I know some have a different take on it and I respect that point of view; don't begudge me mine.
As an aside, consider this; yesterday it was suggested that a backzoning (removing of the special facilities overlay) would mean that only a house could be built on the balance of the site. The inclusion of the site into the RLRPA as indentified in the 2031 regional Plan does NOT exclude an application for a tourism development to occur. An application of a venture of perhaps 20 or so cabins MUST be considered by Council as it is NOT precluded development in the 2031 plan.
Anyway, I hope I am wrong about Cairns ratepayers exposure to compensation.
Cheers Paul.

Jan from Kewarra said...

Also, we want to know about Sno's part in this little ploy as well.

Margaret moved her recommendations and apparently Sno's hand shot up for a Seconder, before Margaret had finished!

Obviously a true "set up" that even KB would have acknowledged.

We are waiting MC for your response please?

Denis Walls said...

I'm sorry Paul but you can't get out of it that easily. You were part of the 2000 council meeting that went against council planning recommendation to remove the 1987 Special Facilities overlay under IPA 'use it or lose it' due to 13 years of inactivity at False Cape.

That opportunity was lost when council voted against planning recommendation that it could be done without compensation based on the length of time the land had lain idle. How did you vote that day Paul? Don't blame it all on a 'pre-history' 1987 decision. Much of the blame lies squarely at the Byrne council of 2000 of which you were part.

Steven Nowakowski said...

Can I also add that Paul Gregory also voted for the reconfiguration of the False Cape site from about 55 blocks to 155 blocks plus a dangerous top road in 2003. This was also against your planners advice. Jason O'Brien was the only one with guts to vote against it.

Paul, you have had many chances. Yesterday was another. You know what they say, three strikes and your out.