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61 Agenda – Ordinary Meeting 28 October 2015 - #4911222 ORDINARY MEETING 28 OCTOBER 2015 2 RECONFIGURING A LOT (2 LOTS INTO 13 LOTS) AND MATERIAL CHANGE OF USE - OUTDOOR SPORT AND ENTERTAINMENT (SPORTS FIELDS) – 124-132 FARMER STREET EDMONTON, 134-144 FARMER STREET EDMONTON – DIVISION 1 M Rookwood | 8/30/196 | #4906691v2 PROPOSAL: RECONFIGURING A LOT (2 LOTS INTO 14 LOTS) AND MATERIAL CHANGE OF USE - OUTDOOR SPORT AND ENTERTAINMENT (SPORTS FIELDS) APPLICANT: CAIRNS REGIONAL COUNCIL PARKS & LEISURE BRANCH C/-MATT SMITH PO BOX 359 CAIRNS QLD 4870 LOCATION OF SITE: 124-132 & 134-144 FARMER STREET EDMONTON PROPERTY: LOT 2001 RP 887001 & LOT 1 RP 893039 PLANNING DISTRICT: WHITE ROCK EDMONTON PLANNING AREA: OPEN SPACE PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: NONE NUMBER OF SUBMITTERS: NONE STATUTORY ASSESSMENT DEADLINE: 28 OCTOBER 2015 APPLICATION DATE: 23 MARCH 2015 DIVISION: 1 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. NOTICE OF INTENTION TO COMMENCE USE 3. FNQROC STANDARD DRAWINGS 4. INFRASTRUCTURE CHARGES CALCULATIONS

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Page 1: ORDINARY MEETING 2 - Cairns Regional Council · 2015-10-25 · Agenda – Ordinary Meeting 28 October 2015 - #4911222 b. The following conditions of approval and the requirements

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Agenda – Ordinary Meeting 28 October 2015 - #4911222

ORDINARY MEETING

28 OCTOBER 20152

RECONFIGURING A LOT (2 LOTS INTO 13 LOTS) AND MATERIAL CHANGE OF USE - OUTDOOR SPORT AND ENTERTAINMENT (SPORTS FIELDS) – 124-132 FARMER STREET EDMONTON, 134-144 FARMER STREET EDMONTON – DIVISION 1

M Rookwood | 8/30/196 | #4906691v2

PROPOSAL: RECONFIGURING A LOT (2 LOTS INTO 14LOTS) AND MATERIAL CHANGE OF USE -OUTDOOR SPORT AND ENTERTAINMENT (SPORTS FIELDS)

APPLICANT: CAIRNS REGIONAL COUNCILPARKS & LEISURE BRANCHC/-MATT SMITHPO BOX 359CAIRNS QLD 4870

LOCATION OF SITE: 124-132 & 134-144 FARMER STREET EDMONTON

PROPERTY: LOT 2001 RP 887001 & LOT 1 RP 893039

PLANNING DISTRICT: WHITE ROCK EDMONTON

PLANNING AREA: OPEN SPACE

PLANNING SCHEME: CAIRNSPLAN 2009

REFERRAL AGENCIES: NONE

NUMBER OF SUBMITTERS: NONE

STATUTORY ASSESSMENTDEADLINE: 28 OCTOBER 2015

APPLICATION DATE: 23 MARCH 2015

DIVISION: 1

APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S)2. NOTICE OF INTENTION TO COMMENCE

USE3. FNQROC STANDARD DRAWINGS4. INFRASTRUCTURE CHARGES

CALCULATIONS

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5. SUPPORTING INFORMATION –LAND SWAP PLANPROPOSED PETERSEN ROAD/ MOUNT PETER ROAD ROUNDABOUT

LOCALITY PLAN

RECOMMENDATIONS:

A. That Council approves the Development Application for Reconfiguring a Lot (2 Lot into 14 Lots), subject to the following:

APPROVED DRAWING(S) AND / OR DOCUMENT(S)The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference DateConcept Plan RPS – Project No. RP121197_09 29/09/2015

ASSESSMENT MANAGER CONDITIONS

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:

a. The specifications, facts and circumstances as set out in the application submitted to Council; and

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b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to approval and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

Lawful Point of Discharge

3. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge, such that it does not adversely affect surrounding properties or properties downstream from the development.

All works must be completed in accordance with the FNQROC Development Manual and to the satisfaction of the Chief Executive Officer, prior to the issue of the Compliance Certificate for Plan of Survey.

Water Supply Works External

4. Undertake the following water supply works external to the site to connect the site to existing water supply infrastructure:

a. Provide 100mm road crossings and rider main in the verge of Farmer Street generally in accordance with the Water Layout Planprepared by Jacobs, Project No. IH068800 (Council Reference #4793685), such that each allotment can be provided with a water service connection to the lot frontage.

The external works outlined above require approval from Council in accordance with Engineering Works on Roads. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to issue of a Compliance Certificate for the Plan of Survey.

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Water Supply and Sewerage Works Internal

5. Undertake the following water supply and sewerage works internal to the subject land:

a. Provide a single internal sewer connection to each lot in accordance with the FNQROC Development Manual; and

b. Provide easements having a nominal width of 3m over sewers within the residential lots which are on a non-standard alignment.

All the above works must be designed and constructed in accordance with the FNQROC Development Manual.

Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to issue of a Compliance Certificate for the Plan of Survey.

Inspection of Sewers

6. CCTV inspections of all constructed sewers must be undertaken. An assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer prior to issue of a Compliance Certificate for the Plan of Survey.

Acoustic Treatment

7. An acoustic treatment must be provided to the side boundary of all residential lots adjacent to Petersen Road, to the satisfaction of the Chief Executive Officer.

External Works

8. Undertake the following external works:

a. Provide a two (2) metre wide concrete footpath along the Farmer Street frontage, in accordance with FNQROC Development Manual Standard Drawing S1035C. A copy is attached at Appendix 3;

b. Reinstate the kerb and channel at the redundant crossover on Farmer Street; and

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c. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

The external works outlined above require approval from Council in accordance with Local Law No.1 (Administration) and Local Law No.4 (Local Government Controlled Areas, Facilities and Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Access to Hatchet or Battle-axe Lots

9. Construct a single concrete driveway or other approved surface to battle-axe lots extending the full length of the access leg from the adjacent standard residential crossover, constructed in accordance with FNQROC Development Manual Standard Drawing S1015E. Construction of the concrete driveway must be in accordance with FNQROC Development Manual Standard Drawing S1110D. A copy is attached at Appendix 3.

All works must be carried out to the requirements and satisfaction of the Chief Executive Officer prior to the issue of a Compliance Certificate for the Plan of Survey.

Access and Services Easement/s

10. Create reciprocal Access Easements over the access handle for Lot 2 and 3, 6 and 7, and 9 and 12 to allow vehicle access and services for each battle axe lot, to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

Service Conduits

11. Provide service conduits to all battle-axe lots adjacent to the driveway together with associated access pits if necessary, to extend from the front boundary to the end of the access driveway.

All works must be carried out to the requirements and satisfaction of the Chief Executive Officer prior to the issue of a Compliance Certificate for the Plan of Survey.

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Existing Services

12. Written confirmation of the location of existing services for the land must be provided. In any instance where existing services are contained within another lot, the following applies, either:

a. Relocate the services to comply with this requirement; or

b. Arrange registration of necessary easements over services located within another lot prior to, or in conjunction with, the lodgement of a Compliance Certificate for the Plan of Survey creating the lot.

Street Lighting

13. Street lighting is to be upgraded to Lighting Category P3 (Minor Collector Road) along the development’s frontage on Farmer Street. The new Rate 2 street lighting is to be designed in accordance with Section D8 of FNQROC Development Manual and the relevant Road Lighting Standard AS/NZS 1158.

The above conditions relating to electricity supply must be provided to Ergon Energy at the same time as the application for Network Connection Services.

Electricity Supply and Telecommunications

14. Written evidence of negotiations with Ergon Energy and the telecommunication’s authority must be submitted to Council stating that both an underground electricity supply and telecommunication services will be provided to all new lots. Such evidence must be provided prior to approval and dating of the Plan of Survey.

15. Where the installation of an electrical substation is required by Ergon Energy, provision must be made for a pad mount transformer on site.

Above ground transformer cubicles and/or electrical sub-stations are to be positioned so that they do not detract from the appearance of the streetscape and must be clear of footpath areas. This will require cubicles / substations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

The above conditions relating to electricity supply must be provided to Ergon Energy at the same time as the application for Network Connection Services.

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Damage to Infrastructure

16. In the event that any part of Council’s existing sewer, water or road infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant / owner must notify Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s cost, prior to the Commencement of Use.

B. That Council approves the Development Application for Material Change of Use – Outdoor Sport and Entertainment (Sports Fields), subject to the following:

APPROVED DRAWING(S) AND / OR DOCUMENT(S)The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference DateConcept Plan RPS – Project No. RP121197_09 29/09/2015

ASSESSMENT MANAGER CONDITIONS

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:

a. The specifications, facts and circumstances as set out in the application submitted to Council; and

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.

Notice of Intention to Commence Use

3. Prior to commencement of the use on the site, written notice must be given to Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced. (Attached at Appendix 2).

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Lawful Point of Discharge

4. The applicant/owner must ensure that the flow of all external stormwaterfrom the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development.

All works must be completed in accordance with the FNQROC Development Manual and to the satisfaction of the Chief Executive Officer, prior to Commencement of Use.

Sediment and Erosion Control

5. Soil and water management measures must be installed / implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Water Supply and Sewerage Works Internal

6. Undertake the following water supply and sewerage works internal to the subject land:

a. The development must be serviced by a single internal water and sewerage connection made clear of any buildings or structures.

All the above works must be designed and constructed in accordance with the FNQROC Development Manual.

Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use.

Refuse Storage

7. Refuse storage and removal to service the site is to be via bulk bins, in accordance with a waste service agreement arranged through Council’s Water & Waste Department.

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External Works

8. Undertake the following works:

a. Provide a rural allotment crossover with culvert treatment and apron in accordance with FNQROC Development Manual Standard Drawing S1105E at Mount Peter Road entrance. See Appendix 3;

b. Provide a dedicated right turn lane (including taper) of adequate length to the satisfaction of Council on the northbound lane of Mount Peter Road. The turn lanes must be designed and constructed in accordance with Austroads design standards;

c. Provide a left in slip lane (including taper) of adequate length to the satisfaction of Council for vehicles entering and exiting the site onto Mount Peter Road. The slip lanes must be designed and constructed in accordance with Austroads design standards;

d. Upgrade the street lighting at the intersection of the access to the development and Mt Peter in accordance with AS/NZS 1158;

e. Provide a two (2) metre wide concrete footpath along the Farmer Street, Petersen Road and Luisa Street frontages, in accordance with FNQROC Development Manual Standard Drawing S1035C. A copy is attached at Appendix 3; and

f. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

The external works outlined above require approval from Council in accordance with Local Law No.1 (Administration) and Local Law No.4 (Local Government Controlled Areas, Facilities and Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Bicycle Parking

9. Provide secured, on-site bicycle parking in accordance with Table C2.7 of the AUSTROADS of Guide to Traffic Engineering Practice Part 11 –Parking. The bicycle parking area must be constructed prior to Commencement of Use.

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Vehicle Parking

10. The amount of vehicle parking must be in accordance with the Approved Concept Plan prepared by RPS, Project No. RP121197_09 dated 29 September 2015 which provides a minimum of 160 spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvringareas must be imperviously sealed, drained and line marked.

Protection of Landscaped Areas from Parking

11. Landscaped areas adjoining the parking area must be protected by a 150 mm high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicularencroachment and damage to plants by vehicles.

Parking Signage

12. Erect signs advising of the location of the off-street visitor parking area and access thereto. The signs must be erected prior to Commencement of Use. One (1) sign must be located on the Mount Peter Road and Framer Street frontages. The signage must be maintained at all times to the satisfaction of the Chief Executive Officer.

Landscaping Plan

13. The site must be landscaped in accordance with details included on a Landscaping Plan. The Landscaping Plan must show:

a. Landscaping generally in accordance with the Approved Concept Plan prepared by RPS, Project No. RP121197_09 dated 29 September 2015, including, but not limited to:

i. Details of landscaping adjoining vehicle parking and manoeuvring areas;

ii. Details of landscaping within the buffer area between the new residential lots and Field 2; and

iii. Details of planting along the Petersen Road frontage.

b. Inclusion of any other relevant conditions included in thisDevelopment Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

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Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Screen Fence

14. The applicant/owner must provide a screen fence with a minimum height of 1.8 metres and maximum gap of ten (10) mm to the boundary of the proposed new residential lots adjoining Lot 2001 on RP887001 and Lot 1 on RP893039, to the satisfaction of the Chief Executive Officer.

Field Lighting

15. The field lighting is to be generally in accordance with Approved Concept Plan prepared by RPS, Project No. RP121197_09 dated 29 September 2015.

16. A Lighting Management Plan must be developed and implemented to the satisfaction of the Chief Executive Officer to ensure that adequate measures are carried out to minimise the impacts of light spill and views of the floodlight from adjoining residential properties. This involves consultation with adjoining residences affected by the proposed lighting, further monitoring of lighting levels after construction and operation, and development and implementation of options, as necessary, such as window tinting, the provision of window hoods, and planting of mature vegetation along boundary.

17. All lighting must be designed and constructed to the satisfaction of the Chief Executive Officer so as to ensure that light emitted and viewed from the subject land does not, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

Crime Prevention Through Environmental Design

18. All lighting and landscaping requirements are to comply with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

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Stockpiling and Transportation of Fill Material

19. Soil used for filling or spoil from the excavation is not to be stockpiled in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

Transportation of fill or spoil to and from the site must not occur within:

a. peak traffic times;b. before 7:00 am or after 6:00 pm Monday to Friday;c. before 7:00 am or after 1:00 pm Saturdays; ord. on Sundays or Public Holidays.

20. Dust emissions or other air pollutants, including odours, must not extend beyond the boundary of the site and cause a nuisance to surrounding properties.

Storage of Machinery and Plant

21. The storage of any machinery, material and vehicles must not cause a nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Details of Development Signage

22. The development must provide clear and legible signage incorporating the street number for the benefit of the public.

Damage to Council Infrastructure

23. In the event that any part of Council’s existing sewer / water or road infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owners/builders cost, prior to the Commencement of Use.

C. That the following Rates Notation be added to the property file for all new residential lots:

1. The lot adjoins Petersen Park which has approval for Outdoor Sport and Entertainment (Sports Fields) in accordance with the Community Facilities and Open Space Planning Areas under Development Permit 8/30/196 including four rectangular sports fields and associated facilities and lighting.

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2. Direct access to Petersen Park is not permitted from the property.

FURTHER ADVICE

1. Future upgrades to the Petersen Road/ Mount Peter Road intersection, including new four lane roundabout will require the corner of Lot 1 to be opened as road (Council Reference #4854585).

2. Future Plans to upgrade Petersen Road to four lanes should be considered when landscaping along the Petersen Road frontage.

3. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of section 339 and section 341 of the Sustainable Planning Act 2009.

4. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

5. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

Infrastructure Charges Notice

6. A charge levied for the supply of trunk infrastructure is payable to Council towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Adopted Infrastructure Charges Notice has been calculated according to Council’s Adopted Infrastructure Charges Resolution.

Please note that this Decision Notice and the Adopted Infrastructure Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

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The amount in the Adopted Infrastructure Charges Notice is subject to index adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amountprior to payment.

The time when payment is due is contained in the Adopted Infrastructure Charges Notice.

7. For information relating to the Sustainable Planning Act 2009 log on to www.dilgp.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

LAND USE DEFINITIONS*

In accordance with CairnsPlan 2009 Planning Scheme the approved land use of ‘Outdoor Sport and Entertainment’ is defined as:

“Outdoor Sport and Entertainment

Means the use of premises for sport, physical exercise, recreation or public entertainment predominantly outdoors.

The use includes facilities commonly described as race track (for cars, motor cycles, horses, dogs, etc.), showground, theme park, pony club, commercial sports ground and other facilities based on the appreciation and enjoyment of the natural features of a locality.”

*This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

EXECUTIVE SUMMARY:

The application is a combined Development Application for Reconfiguring a Lot (2 Lots Into 14 Lots) and Material Change of Use - Outdoor Sport and Entertainment (Sports Fields) at 124-132 & 134-144 Farmer Street, Edmonton, commonly referred to as ‘Petersen Park’. The application as made to Council included a Preliminary Approval Overriding the Planning Scheme (Implementing Residential 1 Planning Area land use rights over part of the Community Facilities and Open Space Planning Area) however this aspect of the application was withdrawn following Council’s endorsement of the draft planning scheme that achieves this outcome. The redevelopment of the park involves the creation of 12 new residential lots which will facilitate the upgrade of the adjacent park with four (4) rectangular fields, car parking and ancillary facilities.

The creation of the new residential lots are in accordance with the strategic intent for the Edmonton area with the new lots and sports field complying with the Code requirements of the CairnsPlan 2009 Planning Scheme. Approval is therefore recommended, subject to conditions.

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PLANNING CONSIDERATIONS:

Background

The subject site has a total area of 8.9ha over two lots, being Lot 2001 on RP887001 and Lot 1 on RP893039. The site has frontages to Mount Peter Road (290m), Petersen Road (430m), Farmer Street (185m), Luisa Street (85m) and Briese Close (20m).

In 2013, Council purchased Lot 1 RP893039 as freehold the land to the south of Peterson Park (6.2ha) from the Department Education, Training and Employment (DETE). The existing, established portion of Peterson Park, being 2.7ha consisting of two rectangular sporting fields, carpark and clubhouse was originally approved on 14 April 2005 and has since been amended on 8 February 2012 (Council Reference 8/7/182 #3486240). This portion of the site is held in trust by Council from the State Government for the purposes of Sport and Recreation.

Petersen Park and the associated facilities are currently used by local Rugby League, Rugby Union and Soccer clubs. As a result, there is very high demand for the two existing rectangular sporting fields which has created capacity issues and subsequent conflict both between clubs and with surrounding residents.

On 15 October 2014 Councils Community Services Committee resolved to adopt the Petersen Park Development Plan (see Appendix 1). The overall objectives outlined in the report were:

1. Deliver the most efficient use of the space available;2. Reduce impact of sporting uses on surrounding residents (noise, traffic, parking,

light spillage);3. Improve capacity issues for existing users (buildings and grounds);4. Develop a plan that accommodates for the future growth of sporting groups within

the area;5. Improve informal recreation opportunities and linkages though the facility for

surrounding residents; and6. Develop a plan that delivers the best value for money.

Proposal

The proposed development involves expanding the existing sporting facility commensurate with the demand for such community facilities. The development application seeks the appropriate development approvals for the Petersen Park Development Plan. The proposal includes:

A. Reconfiguring a Lot (2 Lots into 14 Lots)

B. Material Change of Use – Outdoor Sport and Entertainment (Sports Fields)

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The proposed development involves:

Realignment of the existing boundary of Lot 2001 and Lot 1 through a land swap agreement with the Department of Natural Resources and Mines to include the current sporting fields, clubhouse and carpark within the lease area held in trust by Council for the purposes of Sport and Recreation (see Appendix 5 – Land Swap Plan);Two additional rectangular fields on Lot 1 which will allow sporting activity to occur more evenly across the site. The proposed ‘premier field’ is to be farthest from residents which will mitigate noise and lighting during games. All remaining fields are intended to host junior games and training sessions only;New primary vehicle access into the grounds will be via Mt Peter Road to deter traffic away from residential area on Farmer Street. The Farmer Street car park will be downsized to 56 parking spaces for short term and set down purposes only with a new central parking area incorporated to service the facility including 144 new parking spaces and informal car parking overflow area, 42 of which are to be provided for the future clubhouse (subject to future development approvals); andWalking paths with increased access to recreational open space, extensive landscaping to improve the amenity, buffering and sun safe outcomes.

The Petersen Park Development Plan also includes a new centralised clubhouse to cater for the short and longer term aspirations of user groups. Council has indicated support for a ground floor facility including; toilets/showers, storage, canteen, office/meeting room. Amenities over and above this standard will be funded by the clubs. The proposed club house and associated amenities are not part of the proposed development approval.

It is understood the soccer club who currently use the facility will move to Walker Road easing the capacity issue at Peterson Park which will effectively become a Rugby League and Union facility.

OFFICER COMMENTS:

Reconfiguring a Lot

The proposed reconfiguration will result in the creation of 12 new residential lots that will be included in the Low density residential zone in the new planning scheme. The application also involves the realignment of the boundary of the sporting fields which results from an amended land swap with the state government and will reflect the facilities of the site.

Lot Layout & Dimensions

The proposed new residential lots will comply with the Reconfiguring a Lot Code in terms of lot size and dimensions, with the minimum lot size being 600m². The proposed configuration of the lots has been developed with the intention of maintaining the existing pad mount substation on proposed Lot 10, with a service easement over Lots 9 and 10 to provide electricity supply to the sports fields.

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With the exception of proposed Lots 11 and 12, the new residential lots are regular in shape, accommodating the required 20 metre by 15 metre rectangular building area. Proposed Lots 11 and 12 are irregular in shape with Lot 11 being triangular shape due to the location of the existing access to the car parking area which is to be maintained. Proposed Lot 12 is a larger lot irregular shaped lot but can accommodate the minimum rectangle building area.

Access and External Works

As part of the subdivision of the site into the residential lots, conditions have been included to ensure appropriate access is provided in accordance with the FNQROC Development Manual for access to the proposed battle-axed lots, with an acoustic treatment also conditioned to be provided to the side boundary of residential lots adjoining Petersen Road.

Infrastructure Works

Conditions have been included to ensure all services including water, sewer, electricity and telecommunications are connected to each lot, with service conduits required from the battle-axe lots and easements created where required. All external stormwater from the new lots must be directed to the lawful point of discharge, being Farmer Street for the residential lots.

The electrical pad mount substation is proposed to remain in the current position on Farmer Street, with the configuration of lots taking this into consideration. The electricity services are proposed to be realigned as part of the proposal, with an easement to be registered over Lots 9 and 10 to provide electricity supply to the sports fields.

Street Lighting

Street lighting on Farmer Street must also be upgraded as part of the development. A condition has been included to ensure lighting is upgraded to P3 in accordance with Section D8 of the FNQROC Standard Development Manual as this is required for all Minor Collector Roads.

Outdoor Sport and Entertainment (Sports Fields)

Parking and Access

The proposed primary access to the sports field is via Mount Peter Road. This location was chosen to maximise the open space outcomes for the site, with site line assessment of the proposed access location identifying that compliance can be achieved (Council Reference #4312906).

As part of the access requirements, conditions have been included which require the provision of a culvert crossing with dedicated right turn lane (including taper) of adequate length on the north bound lane of Mount Peter Road and a left in slip lane (including taper) for vehicles entering and existing the site onto Mount Peter Road. The works must be designed and constructed in accordance with Austroads design standards.

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The existing car parking area off Farmer Street is proposed to be reduced to 56 spaces with single access point. The existing second entry and exit point and car parking is proposed to be removed in favour of providing the residential lots.

Additional car parking is proposed to be accessed off Mount Peter Road, with 110 car parking spaces to be provided adjacent to the ‘Premier Field’ and future clubhouse, with a further 34 spaces provided at the rear of the field adjacent to an informal overflow area. As part of the current proposal, a total of 160 spaces are proposed to be supplied, with a further 40 allocated once the future clubhouse is constructed (subject to future development approvals).

The proposed development therefore does not comply with the minimum requirement for car parking which are 200 spaces. However, it is acknowledged that the informal parking area, which will be used for larger events, can accommodate an additional 50 car parking spaces, with the additional 40 spaces to be provided once the clubhouse has been constructed.

Landscaping

The proposed Concept Plan prepared by RPS, Project No. RP121197_09 dated 29 September 2015 represents a suitable landscaping outcome to improve the amenity, and to provide buffering and sun protection. A condition has been included to ensure the site is landscaped in accordance with a detailed landscaping plan which includes landscaping adjoining the vehicle parking and manoeuvring areas, buffering between the sports fields and new residential lots, and planting along Petersen Road. It is noted Petersen Road has been identified for a four lane upgrade which may impact proposed landscaping along the frontage. An advice note has been added to this effect.

Field Lighting

The proposed development includes field lighting for the proposed new fields. Conditions have been included to ensure a Lighting Management Plan is developed and implemented to minimise the impacts of light spill and views of the floodlight from adjoining residential properties. Lighting must also be designed and constructed to the satisfaction of the Chief Executive Officer and must not create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

Drainage

Council’s Drainage Engineers have advised that Petersen Park is shown as being partially inundated during a Q100 rainfall event through the developed catchment modelling undertaken as part of the Mt Peter Development Area Hydrological Investigation (Council Reference #1793157). The proposed residential lots are not included within the identified inundation area; however, all drainage for the sports fields and associated facilities must be in accordance with the FNQROC Development Manual. A condition to this effect has been included in the recommendation.

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Land Tenure

It is understood the Mount Peter Master Plan includes an upgrade of the Petersen Road and Mount Peter Road intersection to a four lane roundabout. This will involve the opening of the corner of Lot 1 as road (see Appendix 5 – Proposed Petersen Road/Mount Peter Road Roundabout).

Reverse Amenity

It is anticipated that regular use of the sports fields, particularly ‘Field 2’, may have an adverse impact on the amenity of the proposed new residential lots on Farmer Street. The development has been designed and conditioned to ensure minimal impact through the establishment of screen fencing, landscaping, a Lighting Management Plan, and location of the ‘Premier Field’. However, prospective owners of the residential lots must be aware some adverse impacts are inevitable and a rates notation has been recommended for the new residential lots advising of the presence of the approval for the sporting facilities.

PUBLIC NOTIFICATION / SUBMISSIONS:

The proposed development was publicly notified from 5 August to 25 August 2015. During this period no submissions were received.

Community consultation prior to lodgement of the development application included a community meeting, with residence notified by email and post. The meeting, held on 29 August 2014 at the Down Park Community Hall was attended by Council Officers from Leisure Services, Councillors and local residences from within the adjoining residential areas including Maren, Farmer and Luisa Streets.

INFRASTRUCTURE CHARGES:

The proposed development triggers Infrastructure Charges. Refer to Appendix 4 to view calculations. Council’s Adopted Infrastructure Charges Resolution 2015 provides a nil rate for parks with the charge including 12 new residential lots.

Michael RookwoodPlanning OfficerAction Officer

Peter BoydManager Strategic Planning & Approvals

Kelly ReastonGeneral Manager Planning & Environment

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APPENDIX 2 NOTICE OF INTENTION TO COMMENCE USE – OUTDOOR SPORT AND ENTERTAINMENT

Development Permit

Sustainable Planning Act 2009

NOTICE OF INTENTION TO COMMENCE USE

Development Permit 8/30/196Date of Approval 6 October 2015Approved Use Outdoor Sport and Recreation (Sports Fields)Location 124-132 & 134-144 Farmer Street EDMONTON

Property Description Lot 2001 on RP887001

I/we are hereby notifying Cairns Regional Council of my/our intention to commence theapproved use outlined above

on ___________________________________________ (insert date).

I have read the conditions of the Decision Notice issued and believe that all theapplicable conditions have been complied with.

Applicant: _____________________________________

Address: ______________________________________

______________________________________

Contact Phone: ______________________________________

-------------------------------------------------------------Signature of Applicant/Owner

Date: ________________________

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APPENDIX 3 FNQROC STANDARD DRAWINGS

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APPENDIX 4 INFRASTRUCTURE CHARGES CALCULATIONS

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APPENDIX 5 SUPPORTING INFORMATION

LAND SWAP PLAN

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PROPOSED PETERSEN ROAD/MOUNT PETER ROAD ROUNDABOUT