Information for Investors

History of the False Cape Site Development

The False Cape property is officially described as Lot 108 on RP712063. The history of the approval process behind the development of this lot is described here. The key elements of this process, sourced primarily from HLA-Envirosciences (2004) were as follows:

4 December 1987

Initial Rezoning Application approved. Development site included as 'Special Facilities' (Tourist Resort Development as per plan of Development) in Mulgrave Shire Council Planning Scheme;

1993

Mulgrave Shire Council Planning Scheme redrafted. Zoning as 'Special Facilities' (Tourist Resort Development as per plan of Development) retained and approved;

1996

Amalgamation of Cairns City Council with Mulgrave Shire Council led to the preparation of a new draft Planning Scheme. Site retained and again approved within 'Special Facilities' zoning (Tourist Resort Development as per plan of Development);

5 June 2003

Application for Reconfiguration of a Lot lodged with Cairns City Council;

9 September 2003

Referral lodged to the Commonwealth Department of Environment and Heritage under the EPBC Act;

5 October 2003

DEH determination that the action was a controlled action and request for Preliminary Information to determine the appropriate level of assessment under the EPBC Act;

3 December 2003

Site inspection by Officers of Environment Australia;

5 January to 13 August 2004

Preliminary Information provided to DEH;

14 January 2004

Site inspection by Environment Australia;

22 July 2004

Application for reconfiguration of a lot (i.e. change of property boundaries associated with a subdivision) put to Cairns City Council by Starline Australia Holdings Limited. The application was put before Council with recommended amendments from Council officers. These included:

  • A minimum lot size of 1000 square metres,
  • The overall number of lots in the subdivision reduced dure to "constraints on the site",
  • No roads on slopes of > 1 in 3 (18.4 degrees)
  • The actions to comply with the consent order of 4 December 1987
  • Only one on-street visitor car park per two lots,
  • Building foundations can be placed up to 40 m above sea level,
  • Before development can occur, each allotment owner will be required to prepare and submit a separate development permit application for any earthworks. This is additional to the standard Council Development Permit for Building Works,
  • Driveway gradients must be a maximum of 1 in 4 (14 degrees), even though many allotments are steeper than this,
  • Practical and lawful public access to the World War II Defence Structures at False Cape must be provided. Access is currently blocked by gates and security guards,
  • Preparation of a Bushfire Hazard Report and Cultural Heritage Management Plan.

26 July 2004

The application to Cairns City Council approved without modification.

31 August 2004

Determination by DEH that the appropriate level of assessment under the EPBC Act is a Public Environment Report;

9 September 2004

Negotiated decision issued by Council, overturning many recommendations made within the application dated 22 July. The decision included the following changes:

  • Waived the requirement for no roads on slopes > 1 in 3.
  • The minimum lot size can now be < 1000 square metres (as little as 650 square metres)
  • The locations of building envelopes (Figure 8) must be made available to prospective buyers,
  • The requirement that "the utility for each allotment for residential purposes must be demonstrated prior to the issue of a Development Permit for Operational Works" has been removed,
  • Finally, the negotiated decision notice no longer requires the proponent to demonstrate that the Community Management scheme controls development with regard to physical, ecological and visual constraints of the site.

24 September 2004

Guidelines for the content of a Draft Public Environment Report on Reef Cove Resort, False Cape, Cairns provided by DEH to the Proponent.

15 July 2005

Proposal approved by DEH, with conditions. The conditions include a clear statement that no boating facilities, such as boat ramps or jetties, are to be constructed.

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