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Agenda – Planning & Environment Committee – 14 September 2011 - #3279963

PLANNING & ENVIRONMENT COMMITTEE

14 SEPTEMBER 2011

18 NEGOTIATED DECISION FOR MATERIAL CHANGE OF USE (CODE ASSESSMENT) - RETIREMENT VILLAGE – CAPTAIN COOK HIGHWAY, CLIFTON BEACH, & 110-124 COTTESLOE DRIVE, KEWARRA BEACH – DIVISIONS 9 & 10 Jenny Elphinstone : 8/7/1509 : #3096403 PROPOSAL: NEGOTIATED DECISION FOR MATERIAL

CHANGE OF USE – DEVELOPMENT PERMIT FOR A RETIREMENT VILLAGE

APPLICANT: RPS AUSTRALIA EAST PO BOX 1949 CAIRNS QLD 4870 LOCATION OF SITE: CAPTAIN COOK HIGHWAY, CLIFTON BEACH, & 110-124 COTTESLOE DRIVE, KEWARRA BEACH

PROPERTY: LOT 1 ON RP731761, LOT 4 ON RP840987 & LOT 203 ON SP165258 PLANNING DISTRICT: CAIRNS BEACHES PLANNING AREA: PART RESIDENTIAL 2 / PART TOURIST AND

RESIDENTIAL PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: DEPARTMENT OF TRANSPORT AND MAIN

ROADS (FORMER DEPARTMENTS OF MAIN ROADS RECEIVED AND QUEENSLAND TRANSPORT WAITING)

DEPARTMENT OF ENVIRONMENT AND RESOURCE MANAGEMENT (FORMER DEPARTMENTS OF NATURAL RESOURCES & WATER WAITING AND ENVIRONMENTAL PROTECTION AGENCY WAITING)

NUMBER OF SUBMITTERS: 7 SUBMITTERS INCLUDING 2 PETITIONS (516

SIGNATORIES) – NOT PROPERLY MADE (NO THIRD PARTY APPEAL RIGHTS)

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STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE APPLICATION DATE: 6 FEBRUARY 2009 (ORIGINATING

APPLICATION) 22 MARCH 2011 AND 30 AUGUST 2011 FOR

REQUEST FOR A NEGOTIATED DECISION DIVISIONS: 9 & 10 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. DEVELOPER CONTRIBUTIONS 3. SUPPORTING INFORMATION TO PLANNING REPORT LOCALITY PLAN

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RECOMMENDATION: That Council approves the issue of a Negotiated Decision Notice for the Material Change of Use (Code Assessment) application for a Retirement Village over land described as Lot 1 on RP731761, Lot 4 on RP840987 and Lot 203 on SP165258, located at Captain Cook Highway, Clifton Beach and Kewarra Beach, and 110-124 Cottesloe Drive, Kewarra Beach, whereby: 1. The Approved Drawings and Document are amended as follows: APPROVED DRAWING(S) AND/OR DOCUMENT(S)

The term ‘approved drawing(s) and/or document(s)’ or other similar expression means:

Drawing or Document Reference Date

Site Image Jones Sonter drawing, not referenced

August 2010

Technical Master Plan Jones Sonter drawing, not referenced

August 2010

Site Layout Plan – Generally in Accordance with the Proposed Site and Work Stage Plan and as amended by Condition 3 of the Negotiated Decision Notice

CArch Studio 2011 Fiji Island, Drawing A001

24 August 2011

Site Sections Jones Sonter drawing, not referenced

March 2010

Key Plan Jones Sonter drawing, not referenced

March 2010

Residential Typologies, Creekside Apartments

Jones Sonter drawing, not referenced

March 2010

Residential Typologies, Hillside Terraced Apartments


March 2010

Residential Typologies, Villas


March 2010

RACF Jones Sonter drawing, not referenced

March 2010

RACF Layouts Jones Sonter drawing, not referenced

March 2010

Community Facilities, Key Plan


March 2010

Community Facilities, Pedestrian Spine


March 2010

Community Facilities, Clubhouse


March 2010

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Drawing or Document Reference Date

Landscape Concept Plan

RPS Drawings P1208517-SD-L1.01

22 December 2010

Landscape Sections RPS Drawings P1208517-SD-L1.02

22 December 2010

Landscape Section and Character Images

RPS Drawings P1208517-SD-L1.03

22 December 2010

Creek Category Types As shown on the Jones Sonter Plan, amened in blue by Council

As amended and issued by Cairns Regional Council on 20 June 2011

2. Condition 3 is amended as follows: Amendment to Design

3. The proposed development must be generally in accordance with the CArch Studio 2011 Fiji Islands Proposed Site and Work Stage Plan, Drawing A001, dated 24 August 2011 and amended to accommodate the following changes:

a Reduce the five storey building components to four (4) storeys

above natural ground level; b. All development (including buildings, structures and works, and

fill) must be setback at all positions: i. A minimum of five (5) metres from the southern property

boundary where the setback is to the nursing home building. A minimum of three (3) metres from the southern property boundary where the setback is to single storey villas. This includes the setback of all buildings and pools associated with the individual villas along the southern boundary in addition to the nursing home. The setback area must be planted in a common theme to offer a continuous buffer to the neighbouring properties;

ii. A minimum of 50 10 metres from the top of bacnk for the that

part of Deep Creek that is considered a Category 14 waterway (as shown on the attached Jones Sonter Plan, amened in blue by Council); and

iii. A minimum of 40 metres from the top of bacnk for the that

part of Deep Creek that is considered a Category 2 3 waterway (as shown on the attached Jones Sonter Plan, amened in blue by Council);

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c. Setback areas from Category 1 3 and Category 2 4 waterways must

be revegetated with endemic species including lower, middle and upper canopy species to create a natural environment for the restoration of the riparian corridor;

d. Developed areas (being land exclusive of and beyond all riparian

corridor setbacks required under Condition 3c. above) must include a grass swale area of sufficient width to filter nutrients from landscaped and swimming pool areas;

e. Provide a detailed cut and fill plan for the whole of the site

including: i. An assessment of the impact of the weight of fill on nearby

wetlands and in particular the impact of any squeezing out of acid sulphate soils. Further details must demonstrate no detrimental impact is to occur to wetland areas by possible release of acid sulfate soils;

ii. Updated Flood modelling of the land and nearby land that

considers the post development position for both the land and neighbouring development of expected development, and demonstrating a no worsening impact, (refer to Condition 29 below for requirements of the updated modelling); and

iii Cross sections through the fill showing the existing and

proposed surfaces and the depths of fill proposed; f. All changes to site entry that result from the Traffic Study required

under Condition 4 below; and g. The landscape setbacks must include the following: i. Within the area of the land included in the Residential 2

Planning Area a minimum width of five (5) metres of deep planting must be provided to the southern boundary where the building projects towards that boundary;

ii. Within the area of the land included in the Residential 2

Planning Area a minimum width of fifteen (15) metres of deep planting must be provided to the southern boundary where the building is not projecting towards that boundary.; and

h. Details of building sections, elevations, types (including floor

layouts at a scale of 1:100) reflecting the proposed Site and Work Stage Plan, drawing A001 by CArch Studio 2011 Fiji Island, design.

Details of the above amendments must be endorsed by the Chief

Executive Officer prior to issue of a Development Permit for Building Work or a Development Permit for Operational Work.

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3. The first paragraph of Condition 4 is amended as follows: Traffic Impact Report

4. Provide a Traffic Impact Report. The report can be provided per stage of development as the stages identified in the proposed Site and Work Stage Plan, drawing A001 by CArch Studio 2011 Fiji Island, design. The Traffic Impact Report must be undertaken by an appropriately qualified professional with respect to the proposed road layout and compliance with Austroads Guide to Traffic Management, the relevant Australian Standards and the FNQROC Development Manual.

4. Condition 8 is amended as follows:

Limitations on Balcony Screening 8. Private B balconies are not to be screened by shutters, glazing, louvres

or similar permanent structures to a greater extent than twenty-five per cent of their horizontal dimension.

5. Conditions 9, 10, 11 and 12 are deleted as follows: Water Supply Contributions

9. Pay a monetary contribution to Council in accordance with the Planning Scheme Policy towards the provision of water supply infrastructure.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $982,645.12 (196.74 ERAs).

Payment is required prior to Commencement of Use or issue of a

Certificate of Compliance for the approval and dating of the Building Format Plan, whichever occurs first.

Wastewater Contributions

10. Pay a monetary contribution to Council in accordance with the Planning Scheme Policy towards the provision of sewerage infrastructure.

Contributions must be paid at the rates applicable at time of payment.

On the present method of calculation, the contributions are $691,058.80 (225.34 ERAs).



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Road Network Contributions 11. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision and upgrading of the road network.


On the present method of calculation, the contributions are $939,071.92 (165.2 ERAs).



The development is subject to Council's Resolution of 12 May 2010 in

regard to a 'NIL' Transport Supply Demand, and therefore, the traffic charges shall be set at Nil until the 30 June 2012 unless specifically extended by Council prior to this date (or such other moratorium period as has been determined by Council).

From 1 July 2012, unless the 'NIL' Transport Supply Demand provision

has been specifically extended by Council, Road Network Contributions will be payable at the rates applicable at the time of payment, and the Transport Supply Demand for same will be calculated in accordance with the Trunk Infrastructure Charges Policy or such other Infrastructure Charging Policy as may be in force and applicable to the development at the time of payment.

Community Purpose Infrastructure Contributions 12. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of Community Purpose Infrastructure.


On the present method of calculation, the contributions are $69,388.50 (138.5 EPs).



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6. Condition 33 is deleted as follows:

Acid Sulfate Soil Investigation 33. Undertake an Acid Sulfate Soil investigation in the area to be affected

by this development. Soil sampling and analysis must be undertaken in accordance with procedures specified in, ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) or updated version of document produced by Department of Environment and Resource Management (Previously DNRW – QASSIT), and State Planning Policy 2/02 – ‘Planning and Managing Development involving Acid Sulfate Soils’. The results of this investigation must be submitted to Council for approval prior to any earthworks or clearing being commenced on the site. Identification of soils with a pyrite content in excess of the action levels nominated in the latest version of DNRW – QASSIT: ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) will trigger the requirement for preparation of an Acid Sulfate Soil Environmental Management Plan in accordance with the most recent requirements of the DNRW: ‘Queensland Acid Sulfate Soil Technical Manual’ (2002) including Soil Management Guidelines (updated Feb. 2003) which must be prepared to the satisfaction of the Chief Executive Officer.

7. Condition 42(i) is amended as follows: 42. i. Inclusion of a raised garden bed, of approximately 400 mm height,

to the private gardens where units back onto each other of each villa unit.

8. The following additional condition is included: 69. The Retirement Village is to be contained on one (1) land title. To

facilitate this, partial amalgamation of that part of Lot 1 on RP731761, with Lot 203 on SP165258 is required, as shown on C&B Drawing 8517-22. The amalgamation is to occur prior to the Operational Works approval submitted to Stage C.

9. The conditions are renumbered respecting the above changes. 10. The following additional advice is included regarding developer

contributions: 12. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of water supply, sewerage infrastructure, and the attached Infrastructure Charges Notice, traffic management and road upgrading, stormwater drainage services, stormwater quality and community purpose infrastructure.

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Contributions must be paid at the rates applicable at time of payment. The following EDC rates can be applied to the development: 1 Bedroom = 0.3; 2 & 3 Bedroom = 0.5; Villa = 0.5; and 1 Hospital (nursing) Bed = 0.4 Payment is required prior to Commencement of Use or approval and

dating of the Building Format Plan, whichever occurs first.

11. All other conditions and advices of the Decision notice remain unchanged. EXECUTIVE SUMMARY: An application has been made in Kewarra Beach for a large retirement village that includes a nursing home. The application was not publically notified. Nevertheless a significant number of submissions were received against the proposal. Council approved the development subject to conditions at the Planning and Environment Meeting held on 9 February 2011. The applicant has pursued discussions with the Department of Environment and Resource Management regarding the definition of top of bank and with Council officers to determine the particular stream categorisation. The applicant has also amended the design reflecting current market need and to marry the development with a separate application for a retirement village on neighbouring land. In addition to lodging a plan variation the applicant seeks the development be staged and amendments to the set of issued conditions. In most instances the proposed changes are considered reasonable and are supported. Given that the final layout plans are not detailed some of the Applicant’s request is not supported. The reduction in the number of multi-storey units and replacement with single storey villas address local residents’ issues regarding appearance and composition of the development.

TOWN PLANNING CONSIDERATIONS:

Background On 9 February 2011 the Planning & Environment Committee approved the issue of Decision Notice supporting the application subject to conditions. The development then proposed a nursing home, multi-level retirement villas and single storey retirement villas. The development was approved generally in accordance with the submitted plans and a condition of approval required numerous amendments. A copy of the generally approved design is included in Appendix 3. A separate application was lodged on part of the land, being part of Lot 4 on RP840987, for another Retirement Village land use (Development Application 8/7/2152). The applicant has amended this other application increasing the number of retirement villa units and varying the layout so as to marry with the villa units on the land. This other application is being determined separately by Council.

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The applicant has submitted representations regarding conditions which are listed below. Included in the representations is an amended layout that stages the development. Amended Plan A proposed amended staging plan is included in Appendix 1. The staging separates the nursing home, multi-storey units and villa units into three, separate stages. The amended design also reduces the number of multi-storey units, being the removal of the Hillside Apartment Buildings, replacing some of these with single storey villa units along the southern boundary. The applicant has also indicated that the remaining creek side units will be reduced in height to ensure the buildings do not exceed four storeys. The development will now comprise: a. A ninety-one (91) bed high care facility b. Twenty-five (25) single storey villas (3 bedroom); and c A maximum of one hundred and sixty-eight (168) self-contained apartments). The plan appears to detail the private rear yards of the units, including small plunge pools, hard against the southern boundary. Some units have single storey garages, some have double garages. Vehicle access to the single storey villas is limited to Kewarra Street which reduces the extent of vehicles using Cottesloe Drive. The applicant also seeks clarification regarding the stream categories. Officer Comment The variation to single storey villas adjacent to the southern boundary reflects the general nature of single storey height on neighbouring land. Concern is raised with the siting of the plunge pools and general use immediate to the southern boundary. A condition of the current Notice requires a five (5) metre setback to this boundary. The setback of five metres remains appropriate for the Nursing home. The setback can be reduced to three (3) metres where is abuts the single storey villas. This will provide a continuous buffer consistent with the development of villas and setback on the neighbouring land to the east. Limited detail is provided on the staging plan and the conditions of the Negotiated Decision sate the need for these details to be lodged. A physical review of the streams was undertaken and the nominated stream categories are agreed with. Condition 8 Screening of Private balconies The applicant seeks the condition to be slightly amended to reflect a requirement only for private balconies.

Officer Comment No concern is raised with the request.

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Developer Contributions Conditions The applicant seeks the condition be amended to reflect a reduced rate of application (EDC) per unit to reflect the expected low occupancy. Officer Comment The following reduced rates can apply: 1 Bedroom = 0.3 2 & 3 Bedroom = 0.5 Villa = 0.5 1 Hospital (nursing) Bed = 0.4 SPA nominates that the requirement can no longer be include as a condition and the detail is therefore included as an Advice Statement. As no clear and particular details have been provided for the final layout the developer contributions have been calculated on all units (villas and creekside apartments) being three bedrooms. Traffic Impact Study and Update Drainage Study Conditions of the Decision Notice require amended reports to determine traffic and drainage infrastructure needs. The applicant provided an amended traffic report and flooding details. The applicant has requested that the reports be endorsed or alternatively Council provide further information on outstanding items. Officer Comment The reports were submitted prior to lodging the amended staging plan. No amended details have been submitted and the conditions remain relevant. The conditions can be amended to reflect that the details can be lodged in stages to reflect the Staging Plan. Acid Sulfate Soils Investigation The applicant has submitted details that address the requirement of Condition 33 and has requested the conditions be deleted. Officer Comment The submitted details are sufficient and the condition can be deleted. ROL Requirement – Additional Condition Prior to lodging the application the Applicant had sought and Council had approved the boundary realignment between Lot 203 and Lot 4 to ensure the Retirement village was located on one lot. The applicant did not utilise the approval and the approval has now lapsed. It remains the Applicant’s intention that the Retirement Village be contained on the one lot and the Applicant has requested a condition of the approval be included to reflect this containment.

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Officer Comment No issue is raised with the additional condition it is appropriate that it be included. Public Notification / Submissions As the application is for code assessable development it was not required to undergo formal public notification. Six submissions were received, including two petitions (one of 496 signatories and the other for 20 signatories). As there was no formal public notification period none of the submitters hold third party appeal rights. SPA requires that in determining a request for a Negotiated Decision consideration be given to the impact regarding submissions. The proposed changes do not increase the building height of any structures on the land and reduce the extent of the development abutting the majority of the adjoining land to the south. The proposed changes are not considered to cause and greater impact on those adjoining properties. The replacement of a number of the multi-storey units with single storey villas with associated vehicles accessing the land via Kewarra Street, reduces number of vehicle and impact of the development on Cottesloe Drive. This partly addresses concerns raised by submitters. Concerns regarding flooding and general traffic issues, landscaping buffers etc., remain addressed through the impost of conditions. HEADWORKS / CONTRIBUTIONS: The proposed development triggers Developer’s Headwork’s Contributions. Refer to Appendix 3 to view calculations. Jenny Elphinstone Senior Planning Officer Action Officer Kelly Reaston MANAGER DEVELOPMENT ASSESSMENT

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APPENDIX 1 APPROVED PLANS TO BE GENERRALY IN ACCODANCE WITH FOLLOWING PLANS AND A SUBJECT TO AMENDED DESIGN AS REQUIRED BY CONDITION OF THE APPROVAL.

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APPENDIX 2 DEVELOPER CONTRIBUTIONS

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APPENDIX 3 – SUPPORTING INFORMATION TO PLANNING REPORT ORIGINALLY APPROVED DESIGN (GENERALLY IN ACCORDANCE WITH SUBMITTED PLAN AND SUBJECT TO AMENDED PLAN CONDITION)

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