ordinary meeting 1 - cairns.qld.gov.au · ordinary meeting 28 march 2018 1 ... a number of...

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ORDINARY MEETING

28 MARCH 20181

MATERIAL CHANGE OF USE – MULTIPLE DWELLING AND FOOD & DRINK OUTLET – 89-95 ARLINGTON ESPLANADE & 5-7 CLIFTON ROAD, CLIFTON BEACH – DIVISION 9

Katherine Wilson | 8/8/1497 | #5699497v2

PROPOSAL: MULTIPLE DWELLING AND FOOD & DRINK OUTLET

LANDOWNER: J2J PTY LTD (TTE)

APPLICANT: J2J PTY LTD (TTE)C/- URBAN SYNC PTY LTDPO BOX 2970CAIRNS QLD 4870

LOCATION OF SITE: 89-95 ARLINGTON ESPLANADE & 5-7 CLIFTON ROAD, CLIFTON BEACH

PROPERTY: LOTS 10-12 ON RP712039 & LOTS 1-2 ON RP717363

ZONE: MEDIUM DENSITY RESIDENTIAL

LOCAL PLAN: NOT APPLICABLE

PLANNING SCHEME: CAIRNSPLAN 2016 V1.2

REFERRAL AGENCIES: NOT APPLICABLE

NUMBER OF SUBMITTERS: 694 PROPERLY MADE SUBMISSIONS59 NOT PROPERLY MADE SUBMISSIONS

STATUTORY ASSESSMENTDEADLINE: 3 APRIL 2018

APPLICATION DATE: 12 DECEMBER 2017

DIVISION: 9

APPENDIX: 1. PROPOSAL PLANS2. VISUAL IMPACT STUDY3. BUILDING HEIGHTS IN SURROUNDING

AREA4. PHOTOS OF SURROUNDING AREA

Agenda – Ordinary Meeting 28 March 2018 #5692218

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LOCALITY PLAN

RECOMMENDATION

That Council refuse the development application for Multiple Dwelling and Food & Drink Outlet over land described as Lots 10-12 on RP712039, Lots 1-2 on RP717363, located at 89-95 Arlington Esplanade and 5-7 Clifton Road, Clifton Beach on the following grounds:

1. The proposed Multiple Dwelling is in conflict with the Purpose of Medium Density Residential Zone Code in that the development does not achieve the medium residential density, scale or character of the area;

2. The proposed Multiple Dwelling is in conflict with Performance Outcome 1 of the Medium Density Residential Zone Code in that the height of the development is not in keeping with the amenity of adjoining premises and the residential character and amenity of the area;

3. The proposed Multiple Dwelling is in conflict with Performance Outcome 7 of the Medium Density Residential Zone Code in that the development will adversely affect the residential character and amenity of the area;

4. The proposed Multiple Dwelling is in conflict with the Purpose of the Multiple Dwelling and Short-term Accommodation Code in that the development is not compatible with and complementary to surrounding development, with regard to scale, bulk and streetscape patterns; and

5. The proposed Food and Drink Outlet is intrinsically linked with the design of the Multiple Dwelling and a substantially different development would result in absence of the Multiple Dwelling aspect.


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EXECUTIVE SUMMARY

Council is in receipt of a Development Application for Development Permit for a Material Change of Use for a Multiple Dwelling and Food and Drink Outlet over land at 89 - 95 Arlington Esplanade and 5-7 Clifton Road, Clifton Beach, more particularly described as Lots 10-12 on RP712039 and Lots 1-2 on RP717363.

The proposed development conflicts with a number of applicable provisions of CairnsPlan 2016, specifically building height, scale, amenity and car parking. The most notable conflict with the assessment benchmarks is the proposed height of 24.5 metres (8 storeys) compared to the Medium Density Residential zone anticipated outcome of 15 metres and 4 storeys.

Consideration has been made as to whether there are sufficient grounds to justify approval of the development application despite the identified conflicts. Conditions could not be reasonably imposed on the development that would resolve the identified conflicts. It is therefore recommended the application be refused.

TOWN PLANNING CONSIDERATIONS

Background

The subject site consists of five lots with frontage of 72 metres to Clifton Road, 58 metres to Arlington Esplanade and 50 metres to Guide Street. The site has an area of 4,325m2.

Lots 10 and 11 on RP712039 (89-91 Arlington Esplanade) are vacant and unimproved. Lot 2 on RP717363 is improved with a two storey unit complex which is used for short-term accommodation activities. Lot 1 on RP717363 and Lot 12 on RP712039 are improved with ancillary parking and recreational structures associated with the short-term accommodation use.

In 2008 Council granted approval (file reference 8/7/1041) over a portion of the development site (89-91 Arlington Esplanade) for a four-storey, multi-unit housing development (36 units). A number of extensions to the currency period of this approval have been granted with the most recent being granted on 9 March 2017, keeping the approval valid until 27 May 2019.

Three prelodgement meetings relating to the current development proposal were held between Council Officers, the Applicant, and the Applicant’s project team, commencing in March 2017. Throughout these meetings Council officers clearly articulated thatdevelopment at eight storeys high was inconsistent with CairnsPlan 2016 and would not be recommended for approval.

Proposal

The application seeks a Development Permit for a Material Change of Use for a Multiple Dwelling and Food and Drink Outlet. The Development Application describes the proposal as a “high end apartment building intended for permanent residential activities and to be known as ‘Elements on Arlington’.


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The Multiple Dwelling component proposes two, eight storey (24.5 metre high) buildings comprising 109 units (2 x 1 bedroom units, 77 x 2 bedroom units and 30 x 3 bedroom units). The two buildings are to be built over two stages; Stage 1 being the building fronting Arlington Esplanade and Stage 2 being the building fronting Guide Street. Communal open space in the form of swimming pools, barbeque areas, decks, andgames room are proposed. These are elevated to ensure they do not interfere with the basement car parking area and to avoid visually obtrusive pool fencing along the roadfrontages.

The Food and Drink Outlet component proposes a 100m2 café which includes a decked dining area in the north-eastern corner of the site. No details relating to hours of operation or number of staff have been provided.

A total of 180 car parking spaces are proposed for the development with 144 spaces in the basement, 13 other on-site spaces and 23 on-street spaces. The Applicant proposes to provide the 23 on-street spaces, along with associated road widening and kerb augmentation to facilitate the proposed works.

ASSESSMENT BENCHMARKS

Under CairnsPlan 2016 v1.2, the Table of Assessment for the Medium Density Residential Zone identifies that a Material Change of Use for a ‘Food and Drink Outlet’ triggers Impact Assessment whilst for a ‘Multiple Dwelling’ triggers Code Assessment.

Accordingly, Section 45 of the Planning Act 2016 provides the relevant matters that Council as Assessment Manager must consider in the assessment of the application.

The following sections of this report provide Council’s assessment against the relevant matters for both the Multiple Dwelling component and the Food and Drink Outlet Component of the proposal.

Food and Drink OutletPLANNING SCHEME – The whole of CairnsPlan 2016 v1.2Multiple DwellingAssessment Benchmarks

Zone CodeMedium Density Residential Zone

Overlay CodesAcid sulfate soilsCoastal processesExtractive resourcesLandscape valuesTransport network

Development Codes Multiple dwelling and short-term accommodationEnvironmental performanceExcavation and fillingInfrastructure worksLandscapingParking and accessVegetation management


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Compliance Discussion

It is acknowledged that the proposed uses of Multiple Dwelling and Food and Drink Outlet are suitable uses for the site and locality. However the proposed development,specifically the Multiple Dwelling component is in conflict with the Purpose and Performance Outcomes of the Medium Density Residential Zone Code and the Purpose of the Multiple Dwelling and Short-term Accommodation Code in the form proposed.

The Purpose of the Medium Density Residential Zone is to provide for medium density multiple dwellings supported by community uses and small-scale services and facilities that cater for local residents. The purpose of the code will be achieved through the following overall outcomes:

(a) a range of accommodation activities, in low to medium rise multiple dwelling and mixed-use buildings is established;

(b) development provides a high level of amenity taking into account impacts such as traffic, noise, dust, odour, and lighting;

(c) a medium residential density, scale and character of the area is achieved; (d) development reflects and responds to the natural features and constraints

of the land; (e) community facilities, open space and recreational areas and appropriate

infrastructure to support the needs of the local community are provided.

The purpose of the Multiple Dwelling and Short-term Accommodation Code is to ensure that Multiple dwelling and Short-term accommodation uses are appropriately located, designed and operated. The purpose of the code will be achieved through the following overall outcomes:

(a) development is compatible with and complementary to surrounding development, with regard to scale, bulk, and streetscape patterns;

(b) structure planning is undertaken for larger developments to ensure connectivity and integration with adjoining uses and the wider neighbourhood;

(c) development does not adversely impact on the natural features on the site; (d) the design of development creates a pleasant living environment and is

appropriate for the tropical climate of the region; (e) the impacts of a development on adjoining premises are managed; (f) development promotes alternative housing options, including a mix of

population densities within residential areas; (g) infill development is encouraged, whilst maintaining the existing character

of residential areas.

The following considerations outline the identified conflicts with the applicable assessment benchmarks, specifically in relation to building height, scale, amenity and car parking.


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Height

The proposed development is eight stories and 24.5 metres high. Council’s prelodgement meetings and Information Request identified the conflict with the applicable planning scheme provisions and raised concerns about the proposed height. The Applicant was encouraged strongly to revisit the proposal design and submit a proposal that was more in keeping with the scale, intensity and amenity anticipated by CairnsPlan 2016 and the locality of Clifton Beach. The Applicant opted not to redesign the proposed development and remains largely unchanged.

Acceptable Outcome AO1.1 of the Medium Density Residential Zone Code requires that “buildings and structures are not more than four storeys or 15 metres”. The proposed height is 9.5 metres and 4 storeys above the Acceptable Outcome. The corresponding Performance Outcome PO1 states that “the height of all buildings and structures is in keeping with the amenity of adjoining properties and the residential character and amenity of the area”.

Additionally, the Purpose of the Medium Density Residential Zone includes: “medium density residential density, scale and character of the area is achieved”. Medium Density needs to be considered in the context of each locality in which the Medium Density Residential zoning occurs.

To determine whether the proposed development complies with PO1 and the purpose of the zone code an audit of other buildings in the area was conducted. Heights and uses of land within the Medium Density Residential zone in the Clifton Beach foreshore (Arlington Esplanade, Clifton Road and Guide Street) has been documented. The character of the locality of Clifton Beach can be described as predominantly low to medium rise residential developments with single detached dwellings with heights of 1-2 storeys and a mix of Multiple Dwelling and Short-term accommodation developments, with heights of 2-4 storeys. The figure below provides details of heights (see also Appendix 4 which includes Site Photos of the surrounding locality of Clifton Beach).


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The eight storey height is considered not to be in keeping with the amenity of adjoining properties and the residential character of the area, with the proposed height being significantly taller than any existing structures in the area. The proposal represents a dominant, new built form for Clifton Beach and while it is acknowledged that the proposed development has sought to incorporate design features to mitigate the impression of its size and bulk, these do not meet the planning scheme outcomes. This proposed built form will lead to a different character being introduced to that expected under the applicable planning scheme provisions. A number of other impacts on the amenity of the locality arise, these are discussed further below.


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Visual Amenity

As a result of the proposed height of the buildings, the development will have a significant impact on the visual amenity of the area. Acceptable Outcome AO3.1 of the Landscape Values Overlay requires that “the dominance of the natural character of the coast is maintained or enhanced when viewed from the foreshore”. A Visual Impact Assessment was provided with the application and included visual representations from both the street and the ocean. Although the proposed development is predominantly screened from offshore views due to the existing vegetation on the foreshore, it is still considered to be viewed as a dominant feature along the Esplanade.

Amenity

The Purpose of the Medium Density Residential Zone is to ensure that “development provides a high level of amenity taking into account impacts such as traffic, noise, dust, odour and lighting”. It is considered the introduction of an eight storey development will exacerbate the impacts on amenity compared with the expected impacts that would potentially occur from a four storey (complaint) development.

The scale of the proposed development will have adverse impacts on the amenity of Clifton Beach, predominantly in relation to the increased traffic generation. It will lead to an increase in traffic in the locality above what is expected from development in the Medium Density Residential zone. This in turn results in greater traffic generation and increased standards of road and street lighting infrastructure.

Additionally the proposal seeks to realign Arlington Esplanade to allow for the provision of on-street car parking. The proposed on-street car parking, although potentially benefiting foreshore users, will likely dominate the streetscape which is predominantly local traffic.

Overshadowing

The overshadowing that will occur due to the height of the development is also greater than anticipated within the Zone. The diagram below was provided in support of the development application. It demonstrates that significant overshadowing will occur at the different times of the day and year which far exceed that of the adjacent development.


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Shadow Diagrams of Proposed Development

Car Parking

The proposed uses generate a demand for 181 car parking spaces. The development has provided 180 car parking spaces; 157 on-site and 23 on-street. Performance Outcome PO1 of the Parking and Access Code requires that “on-site vehicle and bicycle parking is provided to accommodate the demand generated by the development”. As the proposal seeks to utilise 23 on-street car parking spaces it is considered that the development is unable to comply with Performance Outcome 1.

Performance Outcome 6 of the Parking and Access Code states that “on-street parking may be provided in lieu of onsite parking where:(a) development involves the re-use of an existing building; or (b) development does not front a major transport corridor as identified on the

Transport network overlay maps contained in Schedule 2; (c) located within the immediate frontage of the site ;(d) designed and constructed in accordance with the relevant standards; (e) designed and constructed so as not to detract from the character and amenity of

the surrounding streetscape”.

The development is not the reuse of an existing building and therefore (b) to (e) apply. Although the proposal is compliant (b), (c) and (d), the proposed on street works are considered to detract from the character and amenity of the area. Therefore the proposal is not considered to be appropriate performance solution in relation to PO1 and PO6 of the Parking and Access Code.

Food and Drink Outlet

The Food and Drink Outlet aspect of the development is considered appropriate for the locality. At present there is only one other Food and Drink Outlet in the vicinity of the site and no other subservient services located along Arlington Esplanade. Although the Food and Drink Outlet is consistent with the CairnsPlan 2016 v1.2, it is integrated within the proposed Multiple Dwelling and therefore cannot be


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recommended for approval in its own right as it would constitute a substantially different development.

Setbacks

The proposed development has a number of encroachments into the required setbacks by the Multiple Dwelling and Short-Term Accommodation Code. Acceptable Outcome AO6.1 requires that “Buildings and structures are setback no less than 6 metres from the road frontage”. The table below demonstrates the proposed street frontage setbacks.

Aspect Arlington Esplanade

Clifton Road Guide Street

Basement 0m 0m 0mGround Floor (building) 8m 6m 6mGround Floor (structures)

0m 0m 1m

Floors 1-7 (building) 8m 6m 6mFloors 1-7 (balconies) 7m 4.6m 4m

It is noted that a majority of the building achieves the required setback of 6 metres to each road frontage however there are a number of encroachments within the setback area which include the infinity pool and outdooring dining and deck area, balconies facing Clifton Road (14 balconies in total), balconies facing Guide Street (21 balconies) and car parking area at ground level.

Acceptable Outcome AO6.3 of the Multiple Dwelling and Short-Term Accommodation Code requires that “the side boundary setback for buildings and structures is:

(a) for buildings of 1 or 2 storeys, not less than 2 metres for the entire building; or (b) for buildings of 3 and 4 storeys, not less than 3 metres for the entire building; or (c) for buildings greater than 4 storeys in height no acceptable outcomes are provided”.

It is noted that there is no acceptable outcome for buildings that are greater than 4 storeys in height.

Aspect Side SetbackBasement 0mGround Floor (Building) 8mGround Floor (Structures) 0.7mFloors 1-7 (Building) 3mFloors 1-7 (Balconies) 4.2m

Overall it is considered that although the proposed setbacks may be seen as minor non-compliances for a development of four storeys; the proposed development is significantly higher and therefore adds to the impacts of the scale of the development.

Site Cover

The development proposes a site coverage of 42% which is greater than the 40% Acceptable Outcome of the Medium Density Residential Zone Code and the Multiple


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Dwelling and Short-Term Accommodation Code. It is considered that although the proposed site cover may be seen as minor non-compliances for a development of four storeys; the proposed development is significantly higher and therefore adds to the impacts of the scale of the development.

Gross Floor Area

The development proposes a Gross Floor Area (GFA) of over 10,000m2. Acceptable Outcome AO2.2 of the Multiple Dwelling and Short-Term Accommodation Code requires that the GFA of the side does not exceed 5.190m2 (1.2 x4, 325m2). The increase in GFA is directly correlated to the increased height.

Communal Recreational Area

Acceptable Outcome AO10.1 of the Multiple Dwelling and Short-Term Accommodation Code requires that a “35% of the site area is provided as communal recreational area”.The proposed development provides approximately 890m2 or 21% of the site as useable communal recreational area. It is noted that the site is located along the beach front which has a reasonable amount of public recreational space directly adjacent to the development, however due to the scale of the development and the overall number of units proposed it is considered that there is the need to provide a greater amount of Communal Recreational Area onsite for the occupants.

Infrastructure

It is recognised that the proposed development will create a greater demand on infrastructure. A compliant proposal for the land is not known at this point and therefore it is difficult to measure the comparable demand on infrastructure services with the proposed development. Notwithstanding, it is expected that there would be an increase on service demands above infrastructure demand assumptions associated with the zone in the LGIP and may therefore draw demand away from potential development of other sites.

Decision Rules

Under CairnsPlan 2016 v1.2, the Table of Assessment - Table 5.6.l Medium Density Residential Zone identifies that Material Change of Use for ‘Food and Drink Outlet’ triggers Impact Assessment whilst for ‘Multiple Dwelling’ triggers Code Assessment. The Planning Act 2016 limits assessment of the Code assessable aspect of development to the assessment benchmarks in the planning scheme, along with any other matters prescribed by regulation. In assessing and deciding a code assessable development application the assessment manager:

must approve development if it complies with all of the assessment benchmarks for the development;may approve development even if it does not comply with some of the assessment benchmarks, provided for example, a decision to approve resolves a conflict between the assessment benchmarks;may impose development conditions on a development approval;may only refuse development if compliance with some or all of the assessment benchmarks cannot be achieved by imposing development conditions.


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In this instance it is considered that the areas of non-compliance with the assessment benchmarks are unable to be achieved by imposing conditions on the development. If conditions were imposed to achieve compliance with the assessment benchmarks the outcome would result in a substantially different development than that proposed in the Application.

RELEVANT MATTERS FOR IMPACT ASSESSMENT:The following matters were given regard to or assessment carried out against, in undertaking the assessment of this development application under Section 45 of the Planning Act 2016.

Relevant matters Assessed against or if had regard toState Planning Policy The Minister has identified that the planning scheme appropriately

advances the SPP except for the Erosion Prone Area. Accordingly compliance with the applicable state interests is reflected in compliance with the Planning Scheme.

Officers have considered the application against the assessment benchmarks in Part E of the State Planning Policy – Natural Areas, Risk and Resilience. It is considered that the site does not pose an unacceptable level of risk to erosion as Arlington Esplanade and the frontal dune of Clifton Beach both provide medium term protection. Additionally floor levels will be a minimum 300mm above the defined 1% Annual Excedance Probability event for the site which is RL 3.59M AHD as a result of the storm surge inundation level being RL 3.29m AHD. Overall it is considered that the development has ensured an appropriate level of risk in relation to coastal hazards.

Regional Plan The Minister has identified that the planning scheme, specifically the strategic framework, appropriately advances the Far North Queensland Regional Plan 2009-2031, as it applies in the planning scheme area.

Compliance with the Far North Queensland Regional Plan 2009-2031 is demonstrated through the compliance with the CairnsPlan 2016.

MATTERS RAISED IN SUBMISSIONS FOR IMPACT ASSESSABLE DEVELOPMENT

The proposed development triggered Impact Assessment and was subject to Public Notification. The Applicant undertook Public Notification of the application from 15 January 2018 to 7 February 2018. 753 submissions were received. Of these 694 were properly made and 59 were not properly made. Of the Properly Made Submissions; 525 were in objection of the proposal and 174 were in support of the proposal.

The submissions raised a number of issues which are summarised in the table below.

The Applicant was offered the opportunity to provide a response to the matters raised in the submissions received, however elected to not provide a response.


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Issue Officer CommentHeight

Inconsistent with Medium Density Residential Zone CodeNot human scale – visually dominantIntroduce high density livingBuildings should not be allowed higher than foreshore vegetation. Obstruct views

Height has been discussed within the report above. The proposed height is inconsistent with the Medium Density Residential Zone and therefore the development has been recommended for refusal.

Inconsistencies with the Strategic Framework of Planning Scheme

The Multiple Dwelling component of the application is Code Assessable and therefore as per s45 of Planning Act 2016 the Strategic Framework is not an assessment benchmark.

Inconsistencies with Codes of Planning SchemeSite coverSetbacksGross Floor AreaCommunal Recreation Area

The inconsistencies of the CairnsPlan 2016 have been discussed within the report above. Although these may be viewed as minor inconsistencies for a development with a compliant height of four storeys, due to the scale of proposed development these non-compliances are considered to exacerbate the issues created by the proposed height.

CharacterNot in keeping with the residential character of Clifton BeachScale and design of the proposed development is not compatible

Clifton Beach is predominantly a residential community with limited other uses. It is acknowledged that the proposed development is not in keeping with the residential character of the area, predominantly due to the proposed height.

Traffic and Car parkingDevelopment does not provide enough on-site car parking spacesIncreased TrafficPotential for traffic accidentsDevelopment should not be allowed to rely on on-street car parking spacesParking congestion on the streetNo car parking provided for caféCar parking spaces at Clifton Gardens Shopping Centre will come under further pressure

The Planning Scheme does not support the utilisation of on street car parking spaces to meet the demand generated by the development where the proposed spaces will have an effect on the character and amenity of the local streetscape.

AmenityOvershadowing – beach and adjoining propertiesImpact on natural lightNoise amenity – increase occupancyAdverse amenity impacts such as dust and noiseVisual PollutionInvasion of privacy

It is acknowledged that the proposed development would affect the amenity of the locality in a number of ways including increased traffic, potential overlooking, and impeding access to natural light byovershadowing. A number of these issues are a result of the proposed height of the development and with a reduced height would have a lesser impact.

Aspects relating to dust and noise would be addressed under the Environmental Protection


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Issue Officer CommentRegulation.

Visual AmenityDestroy amenity of foreshoreDominate the foreshore Over development of site

It is acknowledged that due to the proposed height there are a number of relevant concerns relating to visual amenity. These are discussed in the report above.

EnvironmentalMature trees located on the land that is to be developed

Vegetation removal is regulated under the Planning Scheme and therefore if the application were to be recommended for approval there would be conditions relating to the existing and proposed landscaping/vegetation.

InfrastructureCurrent infrastructure unable to support the influx of populationRoads not suitable for heavy trafficImpose enormous expenditure for the Council to provide the necessary infrastructureThe water and sewer pipes in the immediate area of the proposed development are very old.Reducing width of Arlington Esplanade is not acceptable

It is acknowledged that an increased yield over this site would take up demand assumed across the medium density residential zone in the LGIP assumptions and may lead to impacts on infrastructure services for other projects.

DrainageDevelopment will impact drainage patternsThe development may affect the natural watercourse that runs behind the esplanade

If the application was to be recommended for approval it would have been conditioned to manage any stormwater and drainage concerns.

The Applicant was requested to undertake a drainage feasibility assessment on the option of conveying stormwater from the large pit located on the southern boundary of the property directly to the Arlington Esplanade road frontage. The feasibility assessment was to provide an overall recommendation on this option and comment on the invert levels of the existing stormwater infrastructure in comparison to the kerb levels at Arlington Esplanade, sizing of new infrastructure (as required) and the need for any easements to cover new infrastructure.

The Applicant did not provide the information requested.

Construction PhaseDevelopers never meet timeframesIf the developers become financially insolvent this will result in an unfinished projectDuration of building projectParking by tradespeople during construction of the proposed development in the local streets will deny residents the use of the streets

These matters are ordinarily dealt with through conditions of an approval.


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Issue Officer CommentPublic Notification

Insufficient notice time to residents at CliftonBeach to consider the proposal

Public notification was conducted as per the legislative requirements of the Planning Act 2016 and the development was publicly notified from 15 January 2018 to 7 February 2018.

Object to changes to CairnsPlan 2016 to suit development.

There is no intention of changing or varying the effect of the Planning Scheme for the proposed development.

OtherDevelopment will set a precedentDevaluation of property valuesNo demand for more accommodation activities in the areaIncreased crime ratesCurrent residents would be pressured to sellDevelopment will attract the wrong type of people to Clifton BeachNo need for café along the esplanadeIt will cause irreversible damage to the Tourism demographic of Clifton BeachWill have a bad impact on businesses in the areaHeight/overshadowing compromises the widespread installation of solar panels and the neighbouring properties ability to take full advantage of the sunshine.

These concerns are not relevant planning considerations for assessment against the applicable assessment benchmarks.

A number of submissions were received in support of the application, these are summarised in the table below:

Reason Officer CommentHeight is not a concern and should be supported The height is considered to be the key

concern of the proposed development and due to the non-compliance with the Planning Scheme relating to height the application has been recommended for refusal.

Coffee shop is a great idea for the area The proposed Food and Drink Outlet is considered suitable for the proposed location and is considered compliant with the intent of the Planning Scheme.

The development will not result in visual impacts The visual impact assessment provided within the Development Application demonstrates that the development will have a significant visual impact on the surrounding area.

Good quality architecture The proposed development is considered to be of a high standard of design and built form. However the proposed scale of the development is not in keeping with the character of Clifton Beach and cannot overcome the conflict with the assessment


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Reason Officer Commentbenchmarks.

Other

Increase property valuesIncrease tourism numberShort supply of high end unitsClifton Beach needs to progressHelp the local economy and business owners

These are not relevant considerations as the application is to be assessed against the applicable benchmarks.

INFRASTRUCTURE CHARGES

On the basis that the application is refused, an Infrastructure Charges Notice will not be issued to the applicant.

CONCLUSION

Council Officers have considered whether there are sufficient grounds to justify approval of the development application despite the identified conflicts with the assessment benchmarks. It is considered that conditions could not be reasonably imposed on the development to resolve the identified conflicts with the assessment benchmarks. It is recommended that the application be refused on the following grounds:

1. The proposed Multiple Dwelling is in conflict the Purpose of the Medium Density Residential Zone Code in that development does not achieve the medium residential density, scale or character of the area;

2. The proposed Multiple Dwelling is in conflict with Performance Outcome 1 of the Medium Density Residential Zone Code in that the height of the development is not in keeping with the amenity of adjoining premises and the residential character and amenity of the area;

3. The proposed Multiple Dwelling is in conflict with Performance Outcome 7 of the Medium Density Residential Zone Code in that the development will adversely affect the residential character and amenity of the area;

4. The proposed Multiple Dwelling is in conflict with the Purpose of the Multiple Dwelling and Short-term Accommodation Code in that the development is not compatible with and complementary to surrounding development, with regard to scale, bulk and streetscape patterns; and

5. The proposed Food and Drink Outlet is intrinsically linked with the design of the Multiple Dwelling and a substantially different development would result in absence of the Multiple Dwelling aspect.


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K WilsonPlanning OfficerAction Officer

Peter BoydManager Strategic Planning & Approvals

Kelly ReastonGeneral Manager Planning & Environment


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APPENDIX 1: PROPOSAL PLANS


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Appendix 2 – Visual Impact Study


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Appendix 3 - Building heights in surrounding area

Property Address Use Current Height69-73 Arlington Esplanade Multiple Dwelling 4 storeys75 Arlington Esplanade Multiple Dwelling 3 storeys77 Arlington Esplanade Multiple Dwelling 3 storeys79 Arlington Esplanade Multiple Dwelling 4 storeys81-87 Arlington Esplanade Multiple Dwelling 4 storeys89 Arlington Esplanade Vacant Has current approval for four storeys91 Arlington Esplanade Vacant Has current approval for four storeys93 Arlington Esplanade Vacant Ancillary structures relating to Multiple

Dwelling on 95 Arlington Esplanade and 5-7 Clifton Road

95 Arlington Esplanade Multiple Dwelling 2 storeys97 Arlington Esplanade Multiple Dwelling 2 storeys99 Arlington Esplanade Dwelling 2 storeys101-105 Arlington Esplanade Multiple Dwelling 2 storeys107 Arlington Esplanade Dwelling Single storey109 - 111 Arlington Esplanade Dwelling 2 storeys113 Arlington Esplanade Vacant -115 Arlington Esplanade Dwelling 2 storeys117 Arlington Esplanade Dwelling 2 storeys119-125 Arlington Esplanade Multiple Dwelling 4 storeys127 Arlington Esplanade Multiple Dwelling 4 storeys8 Clifton Road Dwelling Single storey10 Clifton Road Dwelling 2 storeys12 Clifton Road Multiple Dwelling 2 storeys14 Clifton Road Food and Drink

OutletSingle

5-7 Clifton Road Multiple Dwelling 2 storeys81-87 Guide Street Multiple Dwelling 3 storeys69-79 Guide Street Dwelling Single storey67 Guide Street Dwelling Single storey65 Guide Street Dwelling Single storey63 Guide Street Dwelling Single storey61 Guide Street Dwelling Single storey


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Appendix 4 – Photos of surrounding area


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