ordinary meeting 24 june 2015 - city of cairns · 2015-06-22 · 20 agenda – ordinary meeting 24...

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Agenda – Ordinary Meeting 24 June 2015 - #4752569

ORDINARY MEETING

24 JUNE 20154

MATERIAL CHANGE OF USE (MULTIPLE DWELLING AND HOLIDAY ACCOMMODATION) – 233 KAMERUNGA ROAD, FRESHWATER –DIVISION 8

D Favier | 8/8/1352 SEDA | #4495524

PROPOSAL: MULTIPLE DWELLING AND HOLIDAY ACCOMMODATION (7 X 3 BEDROOM UNITS)

APPLICANT: S R HENLEY & T J VINCENTPO BOX 320CLIFTON BEACH QLD 4879

LOCATION: 233 KAMERUNGA ROAD FRESHWATER

PROPERTY: LOT 4 ON RP706805

PLANNING DISTRICT: FRESHWATER STRATFORD AEROGLEN

PLANNING AREA: LOCAL CENTRE

PLANNING SCHEME: CAIRNSPLAN 2009

REFERRAL AGENCIES: DEPARTMENT OF STATE DEVELOPMENT, INFRASTRUCTURE & PLANNING

NUMBER OF SUBMITTERS: FOUR (4)

STATUTORY ASSESSMENTDEADLINE: 6 JULY 2015

APPLICATION DATE: 19 SEPTEMBER 2014

DIVISION: 8

APPENDIX: 1. EXECUTIVE PLANS2. NOTICE OF INTENTION TO COMMENCE

USE 3. FNQROC STANDARD DRAWINGS4. CONCURRENCE AGENCY CONDITIONS &

REQUIREMENTS5. INFRASTRUCTURE CHARGES NOTICE

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LOCALITY PLAN

RECOMMENDATION

That Council approves the development application for Multiple Dwelling and Holiday Accommodation over land described as Lot 4 on RP706805, located at 233 Kamerunga Road, Freshwater, 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 DateCover Sheet 1111-SD.01 3 September 2014Floor Plans 1111-SD.02 Rev A 5 December 2015Elevations 1111-SD.03 3 September 2014

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;

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

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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).

Heritage Record

4. Prior to the issue of a Development Permit for Building Work to demolish, the applicant/owner must undertake an archival record of the premises and the existing landscape features and plant species to the satisfaction of the Chief Executive Officer.

Amendment to Design

5. The proposed building must be redesigned to accommodate the following changes:

a. Amend the floor plan particularly for Units 1, 2 and 5 to change the position of Bedroom 1 and the Patio with the Bath and Bedrooms 2 and 3;

b. Windows on the south-west elevation of the building (except Unit 3 and 6 Dining and Kitchen) must have a minimum sill height of 1.5 metres above floor level or provided with fixed external screens to prevent overlooking into the neighbouring property;

c. Amend the parking layout to provide unrestricted access to Storage Units 1, 5, 6 and 7; and

d. Provide a fixed screen to the stairwell to prevent overlooking into the neighbouring property at 235 Kamerunga Road.

Details of the above amendments must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

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Operational Works

6. An Operational Works Approval is required for the internal nominated earthworks associated with the development prior to the commencement of any internal earthworks. The application must nominate measures to reduce noise and dust impacts on adjoining premises. Where plans are required, three (3) A1 size copies of the plans and one (1) copy at A3 size must be submitted to Council.

Heritage Trail Signage

7. Heritage Trail Signage owing to the Moule Cottage may be removed during construction but must be reinstated in a publicly visible position adjacent the site frontage.

Signage details and location must endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

External Works

8. Undertake the following works external to the land at no cost to Council:

a. Provision of a concrete residential crossover and apron in accordance with FNQROC Development Manual Standard Drawing S1015 Rev C attached as Appendix 3.

NB: The maximum grade for a cross-over is 2.5% and when the site fronts an existing footpath the new cross-over must not interfere with existing footpath formation.

b. Remove the redundant crossover(s) and make good the kerb onKamerunga Road;

c. Widen the existing footpath along Kamerunga Road property boundary to 2 metres;

d. 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 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 Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

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Vehicle Parking Numbers

9. The amount of vehicle parking must be as provided in the application which is a minimum of 15 spaces of which 2 must be provided as visitor spaces and 1 must be provided as a dedicated vehicle wash down bay.

Car Parking Layout

10. 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 particular:

a. Parking spaces adjacent to columns and walls must have a minimum unobstructed clear width as determined by AS2890.1;

b. Columns and walls must be positioned as determined by AS2890.1;

c. The driveway serving the parking area must include a physical means of speed control at the exit point;

d. Onsite vehicle manoeuvring areas must be provided to enable all vehicles to enter and exit the site in forward gear; and

e. The car parking bays adjacent the north eastern boundary must be screened (physical means and/or landscaping) to minimise reflection of car headlights and area lighting reflecting into the windows of habitable rooms and patios or balconies of the adjacent dwelling.

In addition, all parking, driveway and vehicular manoeuvering areas must be imperviously sealed, drained and line marked. In particular:

Water Supply and Sewerage Works Internal

11. 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; and

b. Site the proposed building such that the sewer is a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure. Any structure and its footings located within the zone of influence of the sewer are to comply with the acceptable solutions in the QDC MP1.4.

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

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The plan of works must be approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

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 or issue of a Compliance Certificate for the Plan of Survey, whichever occurs first.

Sewer Easement

12. Create an easement in favour of Council having a nominal width of 3 metres over the existing / proposed sewer within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval by Council's solicitors at no cost to Council.

The approved easement documents must be submitted at the same time as seeking approval and dating of the Building Format Plan and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

Inspection of Sewers

13. CCTV inspections of existing sewers must be undertaken at works completion. 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. Defects must be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use or issue of a Compliance Certificate for the Plan of Survey, whichever occurs first.

Damage to Infrastructure

14. In the event that any part of Council’s existing road, sewer or water 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 Councilimmediately of the affected infrastructure and have it repaired or replaced at the developer’s cost, prior to the Commencement of Use or issue of a Compliance Certificate for the Plan of Survey, whichever occurs first.

Screen Fence

15. A screen fence must be provided to the side and rear boundaries of the subject land. The fencing must be detailed in the Landscape Plan and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

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Landscaping Plan

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

a. Deep planting of side and rear boundary setback areas, particularly adjacent to Units 1, 2 and 5; and

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

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.

Protection of Landscaped Areas from Parking

17. 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 vehicular encroachment and damage to plants by vehicles.

Refuse Storage

18. The development must be designed to be serviced by bulk bins. A bulk bin enclosure must be provided in accordance with Council’s requirements.Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

19. The refuse bin enclosure must be roofed and bunded and fitted with a bucket trap.

Liquid Waste Disposal

20. Trade waste discharge to sewer must meet the requirements of Cairns Water and Waste’s Trade Waste Environmental Management Plan (TWEMP).

Vehicle Wash Bay

21. The vehicle wash bay must be roofed and bunded and wastewater discharged through a silt pit to sewer or as otherwise agreed by the Chief Executive Officer.

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Air-Conditioning Screens

22. Air-conditioning units visible from external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Lockable Storage

23. Provide each unit with a minimum of 3.5 m2 (minimum height 2.1 metres) of lockable storage space conveniently located with respect to car accommodation.

Limitations on Balcony Screening

24. Street frontage 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.

Bicycle Parking

25. Provide secured, on-site bicycle parking in accordance with Table C2.7 of the AUSTROADS of Guide to Traffic Engineering Practice Part 11 – Parking. Based on the provisions in Table C2.7 (page 90) the minimum number of parking spaces required for this development is 4 spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Lighting

26. All lighting installed upon the premises including car parking areas must be certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

Electricity Supply

27. The applicant is to arrange with Ergon Energy the installation of an underground electricity service and pillar box located at a property boundary for connection of the consumer’s underground mains. Any road crossings must be tunnel bored. The existing overhead service line and timber pole must be recovered.

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

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Above Ground Transformer Cubicles / Electrical Sub-Stations

29. Where an above ground transformer cubicles and/or electrical sub-stations is required, these 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 / sub-stations 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.

Stockpiling and Transportation of Fill Material

30. 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.

31. 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

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

Lawful Point of Discharge

33. All stormwater from the property must be directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Sediment and Erosion Control

34. 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).

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Street Fencing

35. Any proposed fences and/or walls to any road frontage are to be limited to the following:

a. 1.2 metres in height if solid; orb. 1.5 metres in height if at least 25% visually transparent; orc. 1.8 metres in height if at least 50% visually transparent.

Details of the street fencing must be detailed in the Landscape Plan and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Details of Development Signage

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

Construction Signage

37. Prior to the commencement of any construction works associated with the development, a sign detailing the project team must be placed on the road frontage of the site and must be located in a prominent position. The sign must detail the relevant project coordinator for the works being undertaken on the site, and must list the following parties (where relevant) including telephone contacts:

a. Developer;b Project Coordinator;c. Architect / Building Designer;d. Builder;e. Civil Engineer;f. Civil Contractor; andg. Landscape Architect.

Environmental Nuisance

38. Noise from air-conditioning units, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 2008.

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CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department of State Development, Infrastructure and Planning

SDA-1214-016664 31 March 2015 #4687460

Refer to Appendix 4: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

FURTHER ADVICE

1. 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.

2. 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.

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

4. The subject site is included within the Character Precinct under the CairnsPlan 2009 and is occupied by the ‘Moule Cottage’ which included on the Freshwater Heritage Trail. The site is identified as a Place of Local Significance under the Draft Cairns Region Planning Scheme.

The applicant/landowner is encouraged pursue opportunities to preserve the cottage via retention onsite (in complete state or retention of aspects of the building) or relocation to an alternative site rather than demolishing the building.

Infrastructure Charges Notice

5. 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.

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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.

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 amount prior to payment.

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

6. For information relating to the Sustainable Planning Act 2009 log on to www.dsdip.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 the CairnsPlan 2009 Planning Scheme the approved land use of Multiple Dwelling and Holiday Accommodation is defined as:

“… the use of premises comprising six or more dwelling units of self-contained accommodation on one lot for residential purposes.

The use includes accommodation commonly described as flats, home units, apartments, townhouses or villa houses.”

And,

“… the use of premises for the accommodation of tourists or travellers. The use may include restaurants, bars, meeting and function facilities, dining room, facilities for the provision of meals to guests and a manager’s unit and office when these facilities are an integral part of the accommodation.

The use includes facilities commonly described as holiday apartments or suites, international or resort hotel or motel.”

*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.

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EXECUTIVE SUMMARY:

Council is in receipt of a Development Application for a Material Change of Use (Multiple Dwelling and Holiday Accommodation) over land at 233 Kamerunga Road,Freshwater.

The site is included within the Local Centre Planning Area of the Freshwater Stratford Aeroglen Planning District, within which a Development Application for Multiple Dwelling and Holiday Accommodation is Impact Assessable. The application was placed on Public Notification for a period of fifteen (15) business days, during which four (4) submissions were received.

The proposal is conditioned to comply with the requirements of the relevant codes of CairnsPlan 2009 and is recommended for approval, subject to conditions.

PLANNING CONSIDERATIONS:

Site

The site is presently improved by a single storey cottage commonly known as the ‘Moule Cottage’ (refer to Image 1). The site is included within the Character Precinct Overlay and included on the Freshwater Heritage Trail (refer to Image 2) however is not included as a Local Heritage Place under the CairnsPlan Planning Scheme 2009.

Image 1: View of Moule Cottage from opposite side of Kamerunga Road.

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Image 2: Photo of existing Freshwater Heritage Trail plaque adjacent the site.

The subject site has an area of 1,012m2 and approximately 20m frontage to Kamerunga Road (State Controlled Road).

Immediate surrounding land uses include:

* North: Kamerunga Road* East: Single block of existing residential units* South: Residential lot* West: Existing child care centre

Proposal

The proposed development is for a Material Change of Use for the purpose of Multiple Dwelling and Holiday Accommodation comprising seven (7), three (3) bedroom units.

The unit mix is proposed to cater for family accommodation and/or shared single accommodation. The ground floor accommodates the car park area, refuse enclosure, pool and one ground floor unit. Levels one and two accommodate three (3) units per level; the design incorporates patios facing north-west over Kamerunga Road and south east and south west over the rear and side of the property.

CairnsPlan Assessment

Desired Environmental Outcomes

Officers have considered the proposed development with respect to the eighteen (18) Desired Environmental Outcomes contained within the CairnsPlan 2009.

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There are no other specific issues of compliance to note aside from those discussed in the Code Assessment and Compliance Discussion below.

Code Assessment

CairnsPlanFreshwater Stratford Aeroglen Planning District

Code Applicability Compliance

Planning Area Local Centre Conditioned to Comply –

refer to discussion below.

Land Use Multiple Dwelling and Holiday Accommodation Conditioned to Comply –refer to discussion below.

Overlays

Hillslopes -Vegetation Conservation & Waterway Significance -

Character Precinct Does Not Comply – refer to discussion below.

Potential or Actual Acid Sulphate Soil Material

Complies – given the location of the site and extent of proposed earthworks, issues resulting from Acid Sulphate Soils are not expected.

Bushfire Management -Flood Management -Height and Impact of Buildings -Operational Aspects of the Cairns International Airport Complies.Local Heritage Code -

General

Excavation and Filling Code

Conditioned to Comply –the proposal plans and Council’s LIDAR levels indicate there are is a fall of approximately 1.7m across the site. An Operational Works application is required for proposed internal earthworks.

Infrastructure Works Code Conditioned to Comply –refer to discussion below.

Landscaping Code

Conditioned to Comply –the applicant has indicated the areas for possible landscaping, however a site specific landscaping plan is required to demonstrate how in particular the side and rear boundaries will be landscaped.

Parking & Access Code Complies.Reconfiguring a Lot Code -Development Near Major Transport Corridors & Facilities Complies.

Compliance Discussion

Local Centre Planning Area Code

The purpose of the Local Centre Planning Area Code is to facilitate the achievement ofthe following desired development outcomes for the Local Centre Planning Area:

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* The establishment of local shopping facilities, together with business and professional services, which serve the surrounding residential community is facilitated;

* The establishment of community facilities which serve the surrounding residential community is facilitated;

* The scale and density of development contributes to a high standard of amenity; and

* The establishment of medium density residential development, where design and siting ensure that a high standard of residential amenity will be achieved, is facilitated.

The Local Centre Planning Area therefore allows for the establishment of limited residential development. Planning Officers have considered the proposal specifically with respect to the adjoining Child Care Centre adjacent the western side boundary and the potential for reverse amenity issues in addition to child safety. Amendment to the design is recommended to adjust the location of the rear patios to avoid issues of overlooking into the Child Care Centre and in reverse noise impacts from the Child Care Centre on the master bedroom and patio living areas.

In response to road traffic noise and the impact on residential amenity, the proposed building is positioned towards the rear of the property, setback approximately fourteen and half metres (14.5m) from the Kamerunga Road frontage.

The site adjoins included within the Residential 3 Planning Area to the rear. The minimum setback requirements under the Code is two and half meters (2.5m). The proposed design more than archives the minimum setback by providing a four metre (4m) rear setback and 3.15m setback to side boundaries.

The proposed development generally complies with the Local Centre Planning Area Code.

Multiple Dwelling and Holiday Accommodation Code

The design complies with the minimum lot sizes and maximum site coverage criteria. The building bulk is reduced through the incorporation of variation to the elevation, including through the use of patios, stairwell and other recesses along each elevation.The building bulk will be further softened through appropriate landscaping. A site specific landscaping plan has been conditioned and will be assessed separately. The roofline is also varied through cascading levels. The design is similar to other MultipleDwellings developments on Kamerunga Road.

The building meets the code requirements with respect to setbacks to Kamerunga Road and the rear boundary. Located 3.15 metres off either side boundary, the building does not comply with the side boundary setback acceptable measure of 3.5 metres. The site adjoins a set of residential units to the north-east. The driveway to the adjoining set of units is located along the common boundary providing separation between the two buildings. Officers do not raise any issues with this minor encroachment at Levels 1 and 2 as it does not impact on the appearance or bulk of the building. On the ground level, screen fencing along the north-eastern boundary is required to ensure vehicle lights from the subject site do not flood the adjoining property.

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Council Officers raise concern with the proposed development and overlooking the southern adjacent Child Care Centre. Conditions of approval are recommended to amend the location of Bedroom 1 and the Patio in Units 1, 2 and 5 to avoid reverse amenity issues as well as improve child safety. The development has been conditioned to require all window sills of particular rooms along the southern elevation to be located a minimum 1.5 metres above the floor level. New fencing and landscaping is required to provide maintain internal and external privacy.

The approval has been conditioned to require appropriate location and screening of services and mechanical plant.

The site does not allow for the manoeuvrability of refuse service vehicles onsite. The bin enclosure is located adjacent the Kamerunga Road frontage and it is proposed that the operator will have to move the bins 3 – 5 metres to collect. Cairns Water and Waste have reviewed the plans and are satisfied with this arrangement.

Infrastructure Works Code

The site has access to necessary urban infrastructure connections. The development has been conditioned to require necessary internal and external water and waste water works. The footpath along Kamerunga Road has also been conditioned to be widened to 2.0 metres.

Existing overhead electricity supply extends from across the northern side of Kamerunga Road to an Ergon Pole within the road reserve. Council Officers require removal of the existing overhead supply and installation of a new underground supply to a pillar box within the site.

Character Precinct Overlay Code

The subject site is included within the Character Precinct Overlay (refer to Figure 1) and is occupied by the ‘Moule Cottage’ which is included on the Freshwater Heritage Trail. Under the current CairnsPlan 2009 the site isn’t afforded any heritage protection other than that under the Character Precinct Code.

The Character Precinct Code states under the performance criteria that “buildings or structures are not wholly demolished or removed unless the building or structure, or part of the building or structure proposed for demolition or removal:

1. Cannot be repaired (and this is supported by relevant engineering reports); or 2. Is of a distinctly different age and form to the identified character of the precinct; or 3. The proposed works do not form part of the streetscape.”

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In recommending the application for approval Council Officers have taken into consideration that the property is in fact included within the Local Centre Planning Area and there are limited opportunities to develop the site in accordance with the planning area whilst retaining the ‘Moule Cottage’. The subject site under the Draft Cairns Region Planning Scheme has been removed from the Neighbourhood Character Overlay (refer to Figure 2). This overlay is equivalent to the current CairnsPlan 2009 Character Precinct Overlay (refer to Figure 1). This reflects the consideration that the streetscape is not reflective of the traditional character of Freshwater to such degree that it requires retention in its present or a planned form.

The site has been identified in the Cairns Local Heritage Study and is included within the Places of Significance Overlay, and associated planning scheme policy, under the draft Cairns Region Planning Scheme. The adoption and commencement of the new planning scheme remains unclear at this point in time.

The study content and the draft planning scheme provisions have been considered forthe site’s recognised values and policy approach. However this does not diminish compliance with the current planning scheme and the proposal’s achievement of the other relevant outcomes of the CairnsPlan 2009.

Council cannot condition the applicant to relocate the cottage to another site as it did not form part of the original application. Council Officers have held discussions with the applicant’s architect and provided contact details for a business that specialises in the removal and restoration of old timber houses. An advice note is attached to this report which encourages the applicant to retain the house in entire or limited form or pursue opportunities to relocate the cottage rather than demolish the building.

Figure 1: CairnsPlan 2009 Character Precinct Overlay

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Figure 2: Draft Cairns Region Planning Scheme Neighbourhood Character Overlay

Council Officers on the 16 June 2015 met with the applicant to discuss opportunities to retain the cottage on the site in either a fully restored form or in a limited capacity as a feature of the development. The structural integrity of the cottage is not certain and it is questionable whether the cost imposition on the applicant is reasonable. If the cottage was retained and restored in either a full or limited capacity and this was not undertaken to a high standard, there is a risk the development could detract from the streetscape. Retention of the cottage on the site in a limited capacity would also generate ongoing maintenance costs on the body corporate.

A condition is recommended to ensure the heritage trail sign is maintained for public view at the site frontage and an archival report is prepared for the cottage.

Public Notification / Submissions

The application was placed on Public Notification between the dates of the 15 April 2015 and 5 March 2015. During this period the four (4) public submissions were received. The issues are summarised below, each followed by Officers comment.

Issue 1

The proposed building is adjacent to a child care centre and the location of balconies in Units 2 and 5 overlook the play area of the centre which raises issues with child safety.

Officer Comment

Officers have put forward an amendment to design condition to require that balconies and Bedroom 1 of Units 1, 2 and 5 are swapped to the other side of the building to address child safety concerns as well as reverse amenity issues. In addition, the sill height of certain windows along the wall that fronts the child care centre must be located a minimum 1.5m above the floor or provided with fixed external screens. Fencing and landscaping as conditioned by Council will also assist in screening views.

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Amending the location of the balconies to Units 1, 2 and 5 will not only address reverse amenity and but also facilitate improved cross ventilation and less reliance on air conditioning.

Issue 2

Kamerunga Road is a busy road and vehicle access in and out of the site could cause safety issues. The problem will be exacerbated by residents parking on the road.

Officer Comment

Kamerunga Road is a State Controlled Road which is administered by the Department of Transport and Main Roads (the ‘State Department’). A copy of the application was referred to the State Department who replied in support of the application subject to conditions including for example that the driveway function as a left in, left out movement only.

The development provides the minimum required onsite car parking spaces for residents and visitors as determined by the CairnsPlan 2009.

Issue 3

The site is the address of the old Moule Cottage, a 1930’s lowset Queenslander cottage that was home of George Moule’s family, which has been prominent over the years in the development of Cairns.

In 2008, the Freshwater Heritage Trail was opened and the house features part of this trail.

In 2010, as part of the consultations with the local community on the new CairnsPlan a Character Precinct was created over parts of Freshwater, the cottage was included in this precinct. The cottage is one of the remaining examples of interwar architecture for the area, although some alterations have been made over the years.

Under the Draft Planning Scheme the site is included as a Place of Significance.

Officer Comment

The site has been removed from the Character Precinct under the Draft Cairns Region Planning Scheme indicating the building itself does not constitute a streetscape affords an outcome consistent with the purpose and effect of the code. It is acknowledged that the Draft Cairns Region Planning Scheme does nominate the site as a Place of Significance. Council can apply some weight to the Draft Cairns Region Planning Scheme under the Coty Principle, however the application must be considered with respect to the current CairnsPlan 2009.

The application has been conditioned to maintain the heritage trail sign at the sites frontage.

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Further refer to discussion under the ‘Character Precinct Overlay Code’.

Issue 4

The request for a material Change of Use from Local Centre to Multiple Dwelling removes the opportunity for development of Freshwater’s community centre.

Officer Comment

The Local Centre does allow for residential development to occur within the centre, where that development approximately maintains a high standard of residential amenity. Officers acknowledge there are potential revers amenity issues with the adjoining child care centre, however expect these issues can be overcome with minor amendments to the design, fencing and landscaping.

It is noted that the site adjoins another existing unit development to the north east. This is site is also included within the Local Centre Planning Area.

Issue 5

The land use cannot be Multiple Dwelling and Holiday Accommodation.

Officer Comment

Council often approves mixed use developments. The intent behind applying for the mixed use is to allow for individual units to be let long or short term. Officers do not raise an issue with the mixed use. Issue 6

The site to the south east side is not vacant and the height of the proposed building will adversely affect the visual amenity.

Officer Comment

The minimum setback requirement under the Code is two and half meters (2.5m). The proposed design more than archives the minimum setback by providing a four metre (4m) setback. It is further noted that earthworks are proposed to prepare the site for construction. Based on the plans submitted it appears that up to one and a half metres (1.5m) will be excavated from the rear of the site, effectively reducing the height and impact overlooking the adjoining premises.

Issue 7

A barrier or temporary fence or similar should be erected along the entire length of the child care and the subject site to prevent views and aid in minimising noise and dust impacts on the centre.

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Officer Comment

The issues with noise and dust resulting from construction will be addressed in the Development Application for Operational Works.

HEADWORKS / CONTRIBUTIONS:

The proposed development triggers Developer’s Headwork’s Contributions. Refer to Appendix 5 to view calculations.

Appendix 1. Executive PlansAppendix 2. Notice of Intention to commence use Appendix 3. FNQROC Standard drawingsAppendix 4. Concurrence agency conditions & requirementsAppendix 5. Infrastructure charges notice

Danny Favier Planning OfficerAction Officer

Paul CohenA/Manager Strategic Planning & Approvals

Kelly ReastonGeneral Manager Planning & Environment

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APPENDIX 1 EXECUTIVE PLANS

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APPENDIX 2 NOTICE OF INTENTION TO COMMENCE USE

Development PermitSustainable Planning Act 2009

NOTICE OF INTENTION TO COMMENCE USE

Development PermitDate of Approval

Approved Use LocationProperty Description

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

on ___________________________________________ (insert date).

I have read the conditions of the Decision Notice issued and believe that all the applicableconditions 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 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 5 DEVELOPER CONTRIBUTION CALCULATIONS

ordinary meeting 24 june 2015 - city of cairns · 2015-06-22 · 20 agenda – ordinary meeting 24...

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