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ORDINARY MEETING

27 NOVEMBER 2008

18 REQUEST FOR EXTENSION OF CURRENCY PERIOD, MATERIAL CHANGE OF USE AND RECONFIGURATION OF A LOT – DIVISION 10 J Elphinstone: 8/38/2 : #1880567 PROPOSAL: REQUEST FOR EXTENSION OF CURRENCY

PERIOD FOR MATERIAL CHANGE OF USE (MULTIPLE DWELLINGS (TOURIST)) AND RECONFIGURATION OF A LOT APPROVAL

APPLICANT: MERYLA PTY LTS AS TRUSTEE FOR THE

MERYLA UNIT TRUST C/ FLANAGAN CONSULTING GROUP PO BOX 5820 CAIRNS QLD 4870 LOCATION: 20-30 LANGLEY STREET, PORT DOUGLAS PROPERTY: LOT 5 ON RP804926 PLANNING LOCALITY: PORT DOUGLAS AND ENVIRONS PLANNING AREA: TOURIST AND RESIDENTIAL PLANNING SCHEME: 1996 DOUGLAS SHIRE PLANNING SCHEME STRATEGIC PLAN: URBAN AREA DCP: DCP 2 MEDIUM DENSITY TOURIST

ACCOMMMODATION ZONE: RESORT BUSINESS REFERRAL AGENCIES: NONE APPLICABLE FOR REQUEST FOR

EXTENSION TO CURRENCY PERIOD NUMBER OF SUBMITTERS: ONE SUBMISSION TO ORIGINAL APPLICATION REQUEST LODGED: 9 SEPTEMBER 2008 STATUTORY ASSESSMENT DEADLINE: EXPIRED

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DIVISION: 10 APPENDIX: 1. APPROVED AMENDED SITE LAYOUT

PLAN 2. NON-APPROVED AMENDED FIRST

FLOOR PLAN 3. ORIGINAL APPROVED SITE LAYOUT LOCALITY PLAN

RECOMMENDATION: That Council refuse the request for an extension to the currency period for the Development Permits TPC 1106 and SUB 102/04 originally issued on 19 April 2004 and extended so as to expire if not effected by 19 April 2009 for the material change of use (impact) for Multiple Dwellings (Tourist), Caretaker’s Residence with attached office, porte cochere, recreation area incorporating a café, BBQ, terrace, gym, health spa, pools and ancillary uses and volumetric reconfiguration of the land at 20-30 Langley Street, Port Douglas, being Lot 5 on RP804926 on the following grounds: 1. Insufficient detail is provided to consider the development consistent with

current planing controls and requirements to warrant an extension of currency of the existing approvals under the superseded planning schemes.

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2. The development should demonstrate compliance with the 2008 Douglas

Shire Planing Scheme by lodgement of a new development application. EXECUTIVE SUMMARY: An approval was issued under the former Douglas Shire Council approving the development of thirty-five (35) Multiple Dwellings (Tourist) and the volumetric reconfiguration of the resulting development. A twelve month extension of time has previously been issued and the applicant has requested a further two year extension of time to the currency period. The approvals are due to expire on 19 April 2009, unless further extended. The plans approved under the Negotiated Decision Notice for the Material Change of Use are extremely limited in design content. It cannot be ascertained from the approved plans that the requirements of the current Scheme controls can be met. The requests are not supported. It is noted that should the applicant gain a Development Permit for Building Work the Material Change of Use approval is automatically extended for the life of that building approval under the Integrated Planing Act 1997. TOWN PLANNING CONSIDERATIONS: Background On the 27 February 2003 the former Douglas Shire Council approved a Development Permit (application TPC 1106) for a Material Change of Use (Impact Assessment) for thirty-five (35) Multiple Dwellings (Tourist). The development comprised a basement car park and ground and first floor residential units together with a Caretaker’s Residence with attached office, porte cochere, recreation area incorporating a café, BBQ, terrace, gym, health spa, pools and ancillary uses. On the 3 March 2004 the Council approved a change to conditions of the development permit namely amended plans. The amended plans lodged and reported to Council included a basement plan, ground and first floor plans. No elevations were included in the request for a negotiated decision. The plans cited in the issued Decision Notice included only the basement and ground floor plan. The Amended Decision Notice was incorrectly titled “Negotiated Decision Notice”. At the Council Meeting held on 25 March 2004 the former Council approved a separate Development Permit to volumetrically reconfigure the land. On the 27 November 2007 at the former Council’s Development and Planning Standing Committee, a twelve months extension of currency period was approved for each Development Permit. The Development Permit for the Material Change of Use is due to expire on 19 April 2009 unless extended through the issue of a Development Permit for Building Work prior to that date. As only the basement and ground floor plans were approved under the issued Decision only a staged approval could issue under such extension

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Proposal The applicant has requested a two year extension of time to the currency of both approvals. No Development Permit for Building Work has issued to the land in respect to the Material Change of Use approval. A copy of the existing approved plans is contained in Appendix 1. A copy of the non-approved first floor amended plan is included in Appendix 2 and the original plans are also included in this appendix. Officer Comment Since the issue of the Development Permit the new IPA Planning Scheme has come into effect. Under the 2008 Douglas Shire Planning Scheme the development of Multi Unit Housing is Code assessable development. It would be appropriate to approve an extension of the currency period where the development satisfactorily met the requirements of the new Scheme Codes. There are no approved plans attached to the Negotiated Decision Notice. Condition 4.3 refers to the approved plans and states as follows:

4.3 Approval of satisfactory building plans and specifications in accordance with the Building Act, Council's Local Laws and the Shire of Douglas Planning Scheme where applicable and generally in accordance with the approved Plans SK1020 – Rev.05, SK1021 Rev.4 and SK1022 – Rev.4, prepared by Carr Design Group Pty Ltd.

The approved plans are limited in the extent of detail. It is significant that only limited plans were approved under the Negotiated Decision. It cannot be ascertained from these plans that the development would meet the all the Acceptable Measures of the 2008 Douglas Shire Planning Scheme or would be deemed to meet the Performance Criteria. No assessment of the approved development against the current Scheme Code requirements was lodged. It is recommended that an extension to the currency period not be approved. A new application should be lodged that demonstrates compliance with the current Planning Scheme requirements. Jenny Elphinstone Senior Planning Officer Action Officer Simon Clarke Manager Development Assessment

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Appendix 1 Existing Approved Plans for the Negotiated Decision Notice for TPC 1106

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Approved Plans for Development Permit SUB 012/04

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Appendix 2 – Non-Approved Amended First Floor Plan

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APPENDIX 3: ORIGINAL APPROVED SITE LAYOUT

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