ordinary meeting 6 - cairns regional council · 3/22/2017 · site plan sk.04 december 2016...

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Agenda – Ordinary Meeting 22 March 2017 #5373368

ORDINARY MEETING

22 MARCH 20176

MATERIAL CHANGE OF USE - MULTIPLE DWELLING – 8-16 SHORT STREET CAIRNS NORTH – DIVISION 5

K Wilson | 8/7/3791 | #5342449

PROPOSAL: MULTIPLE DWELLING

LAND OWNER: DISCOVERY DEVELOPMENTS PTY LTD

APPLICANT: DISCOVERY DEVELOPMENTS PTY LTDC/- URBAN SYNCPO BOX 2970CAIRNS QLD 4870

LOCATION OF SITE: 8-16 SHORT STREET CAIRNS NORTH

PROPERTY: LOTS 1-5 ON RP701228

ZONE: MEDIUM DENSITY RESIDENTIAL

PLANNING SCHEME: CAIRNSPLAN 2016

REFERRAL AGENCIES: NONE APPLICABLE

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENTDEADLINE: 19 APRIL 2017

APPLICATION DATE: 21 DECEMBER 2016

DIVISION: 5

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

USE3. INFRASTRUCTURE CHARGES NOTICE4. SUPPORTING INFORMATION

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LOCALITY PLAN

RECOMMENDATION:

That Council approves the development application for Multiple Dwelling over land described as Lots 1-5 on RP701228, located at 8-16 Short Street Cairns North, 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 DateSite Plan SK.04 December 2016Basement SK.05 December 2016Ground SK.06 December 2016Level 1 (Podium) SK.07 December 2016Levels 2 & 4 SK.08 December 2016Levels 3 & 5 SK.09 December 2016Level 6 (Penthouses) SK.10 December 2016Roof Plan SK.11 December 2016S.E Elevation (Short Street) SK.12 December 2016S.W Elevation (McLeod Street) SK.13 December 2016N.W Elevation SK.14 December 2016N.E Elevation SK.15 December 2016Cross Section SK.16 December 2016

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Note: The design shown on the Approved Plans may require amendment to cater for infrastructure not provided for on the above drawings; including, but not limited to, power sub-stations, water pressure balance tanks, sewer lines. Design changes may result in a reduction in the unit yield. Such design changes may also require the submission of a Permissible Change application.

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

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. The Applicant must return the attached “Notice of Intention to Commence Use” form prior to the commencement of the use (Attached at Appendix 2).

Amalgamation of Lots

4. The Applicant/Owner/Developer shall amalgamate Lots 1-5 on RP701228.The amalgamation may occur in conjunction with the registration of a Building Format Plan but must occur prior to the Commencement of Use.

Operational Works

5. Operational Works approval is required for; basement excavation and de-

Long Section SK.17 December 2016Levels 1- 5 Layout SK.18 December 2016Level 6 Unit Layout SK.19 December 2016Unit Type A & B SK.20 December 2016Unit Type C & D SK.21 December 2016Areas – Basement to Podium SK.22 December 2016Areas – Level 2 - 6 SK.23 December 2016

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watering works, on-street works including public landscape works, and water, sewer, drainage, infrastructure works associated with the development.

All such works must be completed in accordance with the Operational Works Approval to the satisfaction of the Chief Executive Officer prior to the commencement of use.

Certification of Building Height

6. Prior to the issue of a Development Permit for Building Work, the Applicant/Owner/Developer shall demonstrate to Council that all buildings, structures, aerials, lightning rods, antennae, poles, posts or other obstacles will not penetrate the Airport’s Obstacle Limitation Surface height ranges from 40-46 metres AHD over the site.

7. Prior to the issue of a Development Permit for Building Work, the Applicant/Owner/Developer must provide confirmation to Council and the Cairns International Airport that any encroachments into the Operational Airspace (OLS or PANS-OPS) of the Cairns International Airport as a result of construction activities, including, but not limited to, the use of cranes or other equipment, have been approved by the Civil Aviation Safety Authority (CASA) and Airservices Australia.

8. Prior to the issue of a Certificate of Classification for the development, the Applicant/Owner/Developer shall submit certification from a RegisteredSurveyor that the overall height of the as-constructed roof and any associated structures are in accordance with the material provided in response to Condition 6 above.

Acoustic Design

9. The Applicant/Owner/Developer shall ensure that the development is designed and constructed to attenuate noise in accordance with AS2021-2015 Acoustics – Aircraft Noise Intrusion – Buildings siting and construction.

Detailed Landscape Plan

10. Submit a Detailed Landscape Plan, generally in accordance with the Landscape Development Plans, dated December 2016 – Issue C and prepared by LA3. Prior to submitting the “Landscaping Application for Endorsement” Councils Environmental Officer must be contacted to discuss the proposed species for removal and the proposed location and species for on-street landscaping.

The Detailed Landscape Plan must show:

a. existing landscaping features within the property and within the adjoining road reserve on Short Street and McLeod Street which are to be retained or removed;

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b. a planting design of all proposed landscaped areas;c. landscaping of the setback areas of the side and rear boundaries, to

include a mixture of shrubs and trees of varying heights providing a minimum 2 metre wide screening buffer (excluding internal pedestrian footpaths and the swimming pool).

d. details of the climatic conditions of the locality which will inform the species selection for the vertical landscape planting;

e. details of the size of the planter boxes including engineering specifications and any associated irrigation system;

f. details of landscaping near the sewer lift station;g. details and specifications for the proposed on-street footpath and tree

guard treatments; andh. details of all fencing for the development.

The Detailed Landscape Plan must be endorsed by the Chief Executive Officer prior to the commencement of building works on the site.

The implementation and completion of all landscaping works must be undertaken in accordance with the endorsed Landscape plans and the conditions of the endorsement letter prior to the issue of a Certificate ofClassification or Commencement of Use whichever occurs first.

Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Vertical Landscape Maintenance and Management Plan

11. In conjunction with the submission of a Detailed Landscape Plan, the Applicant must submit a Vertical Landscape Maintenance/Management Plan. This plan must detail the maintenance and/or management regime(s) that are to be implemented to ensure the vertical landscape features of the development can be retained for the life of the development.

Any trimming of vegetation must be appropriately disposed of during maintenance to ensure there is no potential to become an environmental nuisance. The maintenance for trimming and disposing of vegetation must be specified in the Landscape Management Plan.

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Side and Rear Boundary Fence

12. A screen fence must be provided to the side and rear boundaries of the subject land, to the satisfaction of the Chief Executive Officer. Details of the Screen Fence must be included within the Detailed Landscape Plan. The Screen Fence must be completed prior to the Commencement of Use.

Street Fencing

13. Fencing is to be in accordance with the Approved Plans. Details of any proposed street fencing must be included within the Detailed Landscape Plan and be endorsed by the Chief Executive Officer prior to the commencement of building works on the site.

Defects Liability Period for Landscape Works on Road

14. Upon completion of landscape works (hardscape or softscape) carried out within the road reserve as depicted on the Detailed Landscape Plan required by Condition 10, the Applicant shall notify Council to arrange an on-site meeting with Council’s Environment Officer prior to the commencement ofthe defects liability period.

The defects liability period shall comprise a period of not less than twelve(12) months during which the Applicant shall be responsible for the maintenance of the landscape works within the road reserve, the rectification of any defects arising from substandard workmanship and the replacement of any dead/dying species.

Upon completion of the defects liability period, the Applicant shall notify Council to arrange a further on-site meeting for acceptance of the landscape works within the road reserve by Council and the issue of a final works acceptance.

Pedestrian Access

15. The design of the building shall be such that any ramping or step up into the property is wholly contained within the site and does not occur within the road reserve. No grade change for pedestrian access is permitted to occur within the road reserve.

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External Works

16. A minimum 2m wide footpath must be provided for the full frontage of the property in Short Street in accordance with FNQROC Development Manual Standard Drawing 1035A

17. Construct pavement & seal the shoulder between the kerb and existing traffic lane along the full Short Street and McLeod Street frontage of the site in accordance with Council’s FNQROC Development Manual.

18. Provision of two concrete commercial crossovers and aprons for the new entrances/exits in accordance with FNQROC Development Manual Drawing S1015RevC;

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.

19. Re-instate any redundant crossovers and replace with kerb and channel.

20. The applicant is to ensure the current kerb and channel to the frontage of the site is fit for the purpose. Any sections of kerb showing; ponding, significant cracking, etc. shall be deemed as not fit for purpose and are to be replaced.

Water Supply and Sewerage Works

21. Undertake the following water supply and sewerage works external to the site to connect the site to existing water supply and sewerage infrastructure:

a. Augment existing water supply infrastructure to the extent necessary such that the development does not adversely affect the water supply to adjacent properties and such that a water service connection can be provided at the lot frontage;

b. The proposed lift station and trunk gravity main alteration will require design drawings to be submitted and approved as part of the application for a Development Permit for Operational Works required by Condition 5 above. The design must satisfactorily demonstrate how the proposal meets the requirements stipulated in the FNQROC Development Manual – D7 Sewerage System in terms of setbacks from existing or proposed habitable dwellings (D7.17 Clause 5), land tenure (D7.17 Clause 6), access (D7.17 Clause 8), and flooding (D7.17 Clause 10);

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The design drawings and supporting information are to addressdetailed design of the lift station and gravity sewer relocation, including but not limited to:

i. Design solutions to mitigate noise and odour impacts on the development site and adjoining properties;

ii. Architectural solutions to mitigate the visual impact of the structure and switchboard;

iii. Confirmation of approvals obtained from external authorities to support the proposal. Alternatively, provide appropriate land tenure within the subject land;

iv. Design solutions to ensure appropriate access to the lift station for operation and maintenance;

v. Building and footing clearances from sewage infrastructure, to support protection, access and maintenance of sewerage assets;

vi. Provision and connection of property connection branches for adjoining properties, to maintain existing services.

c. The pump station is to be commissioned prior to commencement of use.

The above works must be constructed in accordance with the Operational Works approval to the 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.

Water Supply and Sewerage Works Internal

22. 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;

b. Water supply sub-metering must be designed and installed in accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008;

c. Any redundant sewer property connection and water connection shall be decommissioned and removed;

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d. Fire fighting pumped connections are to be provided with a break tank. Any proposal to pump directly from Council’s water supply mains for fire or sprinkler systems without a break tank must be supported by a hydraulic analysis undertaken by a RPEQ confirming that the main is not at risk of very low pressures (i.e. ground water intrusion and implosion) and excessive transient pressures associated with pump and valve operation (i.e. water hammer).

e. Council does not guarantee a minimum service standard for fire fighting from Council’s water network. It is the responsibility of the property owner to design the private fire system to ensure compliance with the relevant building codes and standards and install all necessary on-site pressure boosting and storage that maybe required.

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

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

The above works must be endorsed by the Chief Executive Officer as part of the application for 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 or issue of a Compliance Certificate for the Plan ofSurvey, whichever occurs first.

Sewer Easement

23. Create an easement in favour of Council having a nominal width of 3 metres over the existing sewer or any sewer on non-standard alignment within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council.

24. The approved easement document 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 Natural Resources and Mines in conjunction with the Plan of Survey.

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Inspection of Sewers

25. 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 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

26. In the event that any part of Council’s existing sewer/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 Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, 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.

Refuse Storage

27. The development must be designed to be serviced by bulk bins for both refuse and re-cycling. The bulk bin enclosure must be provided in accordance with Council’s requirements and have sufficient capacity to service the development. .

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

Details must be shown on the plan of works and must be approved by the Chief Executive Officer prior to the issue of the Operational Works Approval required by Condition 5.

The bin enclosure must be constructed in accordance with the approved plans prior to the commencement of use or issue of the Compliance Certificate for the Plan of Survey, whichever occurs first.

Minimum Fill and Floor Levels

28. All habitable floor levels in the building must be located a minimum of 300mm above the 1% AEP defined inundation event level, in accordance with the FNQROC Development Manual, CBD Environs Drainage Management Plan and CairnsPlan 2016 requirements.

29. All onsite permanent residential car parking spaces must have immunity from a 1% AEP defined inundation event level, in accordance with the FNQROC Development Manual, CBD Environs Drainage Management Plan and CairnsPlan 2016 requirements.

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Ponding and/or Concentration of Stormwater

30. The proposed development must not create ponding nuisances and/or a concentration of stormwater flows to adjoining properties.

31. The proposed development must be designed and constructed to have a no-worsening effect on external properties.

Drainage

32. A minimum of 40% of the existing site’s flood storage volume is to be retained post-development.

Sediment and Erosion Control

33. 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, the FNQROC Development Manual and Best Practice Erosion and Sediment Control – IECA Australasia, November 2008).

Vehicle Parking

34. The amount of vehicle parking for the development must be as per the requirement of CairnsPlan 2016, being a minimum of 82 spaces.

The car parking layout including, but not limited to parking bay dimensions, aisle widths, speed control, blind aisles, ramp grades, ramp transitions and clearance heights (including for accessible parking spaces) must comply with the requirements of Australian Standard AS2890.1-2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. All car parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

The car parking and manoeuvring areas must specifically allow for the following:

a. Parking spaces adjacent to columns and walls must have a minimum unobstructed clear width in accordance with the requirements of AS2890.1;

b. The driveway servicing the car parking area must include a physical means of speed control at the exit point;

c. Provision must be made for the loading and unloading of vehicles and servicing of the site by a garbage collection vehicle;

d. line marking and signage of all car parking areas; and

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Bicycle Parking

35. Provide secured, on-site bicycle parking in accordance with Table 10-1 of AUSTROADS Guide to Traffic Engineering Practice Part 14 – Bicycles. As per the approved plans of development, a minimum of 20 bicycle parking spaces must be provided and available for use at the time the use commences.

Hours of Use for Communal Area

36. The communal recreational areas must only be used between the hours of 6am and 10pm daily.

Lockable Storage

37. Each unit must be provided with a minimum 2.5m2 (minimum 5m3 volume) of lockable storage space conveniently located with respect to the car parking spaces within the basement of the building.

Lighting

38. 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.

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

40. Lighting should be designed and constructed by a suitably qualified person to ensure that it does not increase risk of an aircraft incident and has regard to the Manual of Standards Part 139 – Aerodromes Chapter 9 Section 9.21 Lighting in the Vicinity of Aerodrome.

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Electrical

41. If the electrical load of the development requires a supply upgrade by Ergon provision must be made for a padmount transformer on site. The padmount is to be incorporated within the development and positioned so that it does not detract from the appearance of the streetscape and must be clear of footpath areas. Details of the electrical substation positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Operational Works.

42. If a supply upgrade is not necessary then power to the property needs to be provided via an underground service installed by Ergon Energy to a pillar at the property boundary.

Street Lighting

43. Category P4 street lighting is to be provided along the McLeod Street frontage. The new Rate 2 street lighting scheme is to be designed in accordance with Section D8 of the FNQROC Development Manual and relevant Road Lighting Standard AS/NZS 1158. Lighting columns are to be of steel construction and supplied by an underground service, required light fitting is the 70 Watt Metal Halide aeroscreen luminaire.

Damage to Infrastructure

44. In the event that any part of Council’s existing road, sewerage, water or drainage 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 / Developer must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced by Cairns Regional Council, at the Applicant’s / Owner’s / Developer’s cost, prior to the Commencement of Use or issue of a Certificate of Classification, whichever occurs first.

Construction Management Plan

45. A Construction Management Plan must be submitted to, and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. The Construction Management Plan must address all activities/operations associated with construction including, but not limited to:

a. Hours of construction;

b. Parking of vehicles (including site employees and delivery vehicles);

c. Traffic management and control (including loading and unloading);

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d. Maintenance of safe pedestrian access across the site’s frontage (including access by persons with a disability);

e. Building waste storage and disposal;

f. On-site dust and noise management, so as to not cause a nuisance to the amenity of the surrounding area;

g. Tree protection management; and

h. Location and details of construction signage including any signage that is to be illuminated.

The endorsed Construction Management Plan must be complied with and a copy kept on site at all times during construction of the development.

Construction Signage

46. 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 remain in place for the duration of construction activities.

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;

g. Landscape Architect

Construction Access

47. Vehicular ingress and egress to and from the site during the construction phase of the development shall be from a single point unless otherwise approved by the Chief Executive Officer.

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Stockpiling and Transportation of Material

48. 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 on the site.

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

a. within peak traffic times;

b. before 7:00am or after 6:00pm Monday to Friday;

c. before 7:00am or after 1:00pm Saturday; or

d. on Sunday or a Public Holiday

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

Storage of Machinery and Plant

50. The storage of any machinery, material or plant must not cause a nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Screening of Plant and/or Equipment

51. Air-conditioning, plant and machinery units located above ground level and visible from external properties and/or the street must be screened with appropriate materials to improve the visual appearance of the building. Such screening must be completed prior to the Commencement of Use.

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 Sections 339 and 341 of the Sustainable Planning Act 2009.

2. The design shown on the Approved Plans may require amendment to cater for infrastructure not provided for on the above drawings; including, but not limited to, power sub-stations, water pressure balance tanks, sewer lines. Design changes may result in a reduction in the unit yield. Such design changes may also require the submission of a Permissible Change application.

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3. 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.

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

Environmental Nuisance

5. Construction or operational activities, including but not limited to, the operation of mechanical plant and equipment, must not cause an ‘environmental nuisance’ within the meaning of the Environmental Protection Act (1994) to any sensitive receptor as stated within Schedule 1 of the Environmental Protection (Noise) Policy 2008.

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.

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.

7. The Applicant may enter into an agreement with Council in relation to the external works which are required to be carried out as a result of the development. Such an agreement may include matters such as the timing of and costs associated with the identified trunk or public works.

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Infrastructure Charges offsets

8. Requests for consideration of infrastructure charges offset must demonstrate eligibility of the infrastructure proposal against Section 10 -Conversion Criteria of Council’s Adopted Infrastructure Charges Resolution.Sufficient information to satisfactorily address each criterion would be required for the infrastructure to be considered trunk infrastructure.

LAND USE DEFINITIONS*

In accordance with CairnsPlan 2016 the approved land use of Multiple Dwelling is defined as:

Premises containing three or more dwellings for separate households.

*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:

Council is in receipt of a Material Change of Use (Code Assessable) Development Application for Multiple Dwellings (46 Units) on land located at 8-16 Short Street, Cairns North. The site is formally described as Lots 1-5 on RP701228 and has a total area of approximately 2,275m2 with frontage to both Short Street and McLeod Street.

The site is currently zoned Medium Density Residential under the CairnsPlan 2016. The site is adjoined by existing residential development to the north, east, south and west, with the most recent development being a four storey multiple dwelling building constructed to the north-west of the site, fronting McLeod Street.

The proposed development consists of 46 units across seven storeys in two towers. There is a total of 20 x two bedroom units and 26 x three bedroom units proposed in addition to car parking at basement and ground level. The units are provided in a number of different configurations and range in floor area from 84m2 up to 131m2.

The proposed development includes a significant Alternative Solutions to the Acceptable Measures of the Medium Density Residential Zone Code in relation to the height. In reviewing the Applicant’s submissions regarding the proposed Alternative Solutions, Officers have assessed the proposed development against both the relevant Performance Criteria and also the overall purpose of the Code.

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Whilst the Alternative Solutions to the stated Acceptable Measures are significant in terms of the variance proposed, when assessed against the relevant purpose statements, Officers consider the proposed development is able to achieve the overall purpose sought for the Medium Density Residential Zone and therefore recommend approval subject to relevant and reasonable conditions but in so doing note that there are elements of infrastructure required for the development that are not shown on the application plans and that when provided may require design and yield changes.

TOWN PLANNING CONSIDERATIONS:

Background

The subject site is a corner allotment, with frontage of approximately 50 metres to Short Street and 45 metres to McLeod Street.

The site is currently improved by two structures, a duplex located on the eastern portion of the site and a single detached dwelling house on the southern portion of the site. There are currently two access points via Short Street, a shared driveway service the duplex and a crossover to service the existing dwelling house.

The subject site has previously been approved for Multi-unit Housing (Council Reference 8/7/853). This application was submitted in March 2007 and was approved by Council in May 2007. The previous approval was for 24 units in two – three storey blocks. No action was taken in respect of the development and the approval formally lapsed in December 2011.

The Applicant held a pre-lodgement meeting with Council Officers in August 2016 priorto the submission of the Application in December 2016. The original proposal discussed at the pre-lodgement meeting was for 51 units over seven levels. A range of issues including the proposed building height, setbacks, car parking and visual impact were discussed with the Applicant at this meeting. The Applicant was encouraged to provide specific discussion within the Application regarding the proposed Alternative Solutions to various Performance Criteria within the planning scheme.

Proposal

The application is for a Development Permit for a Material Change of Use for Multiple Dwellings (46 units) at 8-16 Short Street, Cairns North. The proposed development consists of the construction of a two tower apartment building with seven storeys and a maximum height above natural ground level of approximately 23.6 metres. The building encompasses a total of 46 residential units in a variety of either two or three bedroom configurations. There are a total of 20 two bedroom units and 26 three bedroom units.

The two bedroom units provide an internal floor area of either 84m2 (Type B) with a minimum 13.3m2 balcony. The three bedroom units provide an internal floor area of between 114m2 and 130m2 with a private balconies ranging in area from 27.1m2 to 55m2.

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The proposed development includes a distinct area of Communal Recreational Area on the podium level. This area will include a pool, pool shelter and day beds, BBQ and picnic areas. Additionally there are general recreation areas around the perimeter of the development.

Car parking is proposed at basement and ground level, with a total of 46 on-site car parking spaces and 28 on-street car parking spaces proposed. The development will be serviced by a bulk waste collection vehicle with waste storage occurring at ground level in an area just inside of the security gate off Short Street.

In regards to the proposed use of premises, Officers note that the Applicant has specifically applied for Multiple Dwellings only and not Short Term Accommodationwhich is separately defined land uses under CairnsPlan 2016.

Assessment Process

As per the Table of Assessment for the Medium Density Residential Zone, the proposed land use of Multiple Dwellings triggers Code Assessment. Section 313 of the Sustainable Planning Act (2009) prescribes the matters that Council as Assessment Manager must consider in the assessment of the Development Application. The following sections of this report set-out this assessment against the relevant matters.

CairnsPlan 2016 Assessment

CairnsPlan 2016 Code Applicability Compliance

Zone Medium density residential See discussion below. Land Use Multiple DwellingS

Overlays

Acid sulfate soils Development complies with the relevant Acceptable Outcomes.

Airport environsThe development has been

conditioned to comply with the relevant Acceptable Outcomes.

Building Height N/ABushfire hazard N/ACoastal processes N/AExtractive resources N/A

Flood and inundationThe development has been


Hazardous and explosive facilities N/AHillslopes N/ALandscape values N/ANatural areas N/ANeighbourhood character N/APlaces of significance N/APotential landslip hazard N/A

Other Development

Codes

Advertising devices N/ACentre design N/A

Environmental performanceThe development has been


Excavation and fillingThe development has been


Industry design N/A

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Infrastructure worksThe development has been


LandscapingThe development has been


Parking and access

The development includes 46 car parking spaces which is consistent with the number of spaces required

by the Code.Reconfiguring a lot N/A

Vegetation management Development complies with the relevant Acceptable Outcomes.

Compliance Issues

The following section discusses the proposed developments non-compliance with relevant aspects of CairnsPlan 2016. In assessing the proposed development, Officers have considered not only the relevant Performance Criteria and Acceptable Measures, but also the Purpose statements of the codes relevant to the application.

Height

The proposed height of the development is seven storeys and 23.6 metres high which is in conflict with Acceptable Outcome AO1.1 of the Medium Density Residential Zone Code which requires ‘buildings and structures are no more than 15 metres and four (4) storeys in height’.

Performance Criterion 1 of the Medium Density Residential Zone Code states that the ‘height of all buildings and structures is in keeping with the amenity of adjoiningpremises and the residential character and amenity of the area’. Council officers identify that the key elements that the proposed additional height may have an impact on include, privacy, amenity and the dominance of built form.

In relation to privacy and amenity; it is firstly noted that the development will not have any negative impacts on the privacy of the adjoining allotments to the north or east; setbacks between habitable rooms of the proposed development and the neighbouring allotments exceeds nine metres. Additionally landscaping and fencing will ensure no direct outlook can occur from the communal recreational area. As part of the application a photomontage (as seen in Appendix 4) was provided to demonstrate that the proposed height of the development will not create an imposing or dominant building form. There will be a visual impact of the new development. However it is noted that the existing mature vegetation provides screening and separation of the proposed development.

The two tower design permits access to light and ventilation for the development. Whilst there is an impact on adjacent properties as a result of the height, the extent of the impact as a result of the additional height over that which could be achieved in a ‘code compliant’ building is not considered to be excessive or unreasonable.

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On the basis of the assessment, Officers are satisfied that the building height is appropriate given the characteristics of the site and receiving environment, the design and built form of the building, and the consistency demonstrated with the purpose of the Zone .

Site Coverage

Within the Code, for development within the Medium Density Residential Zone, the Acceptable Outcome in relation to site coverage is set at 40%. As detailed on the plans submitted with the application, the development proposes site coverage of 61% at the ground/podium level and 51% above the podium level.

Performance Criterion 2 of the Medium Density Residential Zone Code states that the site coverage of all ‘building and structures should be in keeping with the residential character and amenity of the area’. Additionally Performance Criterion 2 of the Multiple Dwelling and Short-term Accommodation Use Code ensures that developments are designed to ‘maximise the separation between buildings, provide adequate landscaping that contributes to establishing an attractive and safe streetscape and a high amenity and privacy for residents, provide open space around buildings for recreational opportunities and reduce the bulk of buildings’.

In the assessment of the proposed site coverage, Officers consider that the provision of two towers allow for both a reduction in the bulk of the buildings, separation between buildings and the provision of large areas of open space. It is noted that communal open space has been provided at ground level surrounding the development.

On the basis of the above, Officers are satisfied that there may be sufficient planning merit to justify the increase in site coverage for the building however the provision of onsite power substations and water infrastructure may reduce the ultimate building footprint and impinge on the already limited open space around the footprint of the building.

Setbacks

Acceptable Outcome AO6.1 of the Multiple Dwelling and Short Term Accommodation Code requires that ‘buildings and structures are set back no less than 6 metres from a road frontage’. The building is predominantly setback in accordance with AO6.1; however here are portions of the proposed development that encroach. The encroachments are mainly portions of balconies protruding into the nominated setback.

Aspect McLeod Street Short StreetBasement 6.0m 6.0mGround Floor 4.4m 6.0mPodium (Level 1) 4.4m 4.2mPodium (Levels 2-6) 5.0m 4.2m

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The setbacks proposed for the development as detailed above are considered to be sufficient to allow for an appropriate level of separation of buildings. Council Officers consider these encroachments to be minor and do not compromise the character and amenity of the streetscape and surrounding area however the provision of onsite infrastructure may compromise these limited setbacks.

Services

There is a 375mm concrete trunk gravity sewer main that traverses through the subject site, which services the upstream catchment and is to remain operational. The proposed development footprint materially conflicts with the current location of the sewer. The Applicant proposes to relocate the trunk sewer main and install a new sewer lift station in the road reserve. The proposed pump station structure will be raised 1.2m above existing ground levels, in order to achieve flood immunity. The proposed location in the road reserve will require State Government and Council approval. Evidence of State Government approval is not available at this time. If appropriate approvals cannot be achieved, provision of an adequate location and land tenure within the subject site will be required.

The proposed development will result in increased ongoing operation and maintenance expenses associated with provision of a new pump/lift station. Maintenance of the sewer in its current location would represent an imposition on the footprint and yield potential of the proposed development.

It is noted that the proposal is unable to achieve buffer distances between residences and the pump/lift station, as required by the FNQROC development manual. Alternate measures such as provision of gas tight covers have been proposed by the Applicant to mitigate the issues. The lift station is also required to be immune to flooding and as a consequence the lid levels of the structure will be a minimum of 1.5m above ground level. The visual amenity associated with the proposed above-ground structure located in road reserve will therefore require careful consideration given the utilitarian nature of such structures and that such structures would normally be absorbed into the built form of a development. Design plans addressing architectural solutions to have been conditioned.

Further, the applicants made initial representations that the sewer line diversion and lift station work may qualify for subsidisation from Council “conversion criteria” under the Council’s Adopted Infrastructure Charges Resolution where payment may be made to an applicant for infrastructure or works on network infrastructure that clearly has a network function. The applicant would be required to demonstrate eligibility of the infrastructure proposal against Section 10 of Council’s Adopted Infrastructure Charges Resolution Sufficient information to satisfactorily address each criterion would be required for the infrastructure to be considered trunk infrastructure. At this point in time and in the absence of evidence to contrary Council officers would not support payment for the costs associated with diverting the sewer main to facilitate the subject development.

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Design Issues

The above elements that are in conflict with CairnsPlan 2016; including building height, site cover and setbacks; may be impacted on as a result of the conditions of the Development Permit. The approved Plans may require amendment to cater for infrastructure not provided for within the initial application plans; including, but not limited to, power sub-stations, water pressure balance tanks, stormwater drainage infrastructure and larger bin enclosures. In turn, design changes may result in a reduction in the unit yield and require further changes to the building design to achieve compliance. Such changes may be reasonably significant and place further pressure on setbacks and opens space within the development and require the submission of a Permissible Change application or a new Development Application for Material Change of Use.

HEADWORKS / CONTRIBUTIONS:

The proposed development triggers the payment of Infrastructure Charges; a copy of the Adopted Infrastructure Charges Notice for the development is provided at Appendix 3.

Katherine WilsonPlanning OfficerAction Officer

Peter BoydManager Strategic Planning & Approvals

Kelly ReastonGeneral Manager Planning & Environment

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APPENDIX 1 APPROVED PLAN(S) & DOCUMENT(S)

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APPENDIX 2 – NOTICE OF INTENTION TO COMMENCE USE

Development PermitSustainable Planning Act 2009

NOTICE OF INTENTION TO COMMENCE USE

Development Permit 8/7/3791Date of Approval 22 March 2017

Approved Use Multiple Dwelling

Location 8-16 Short Street CAIRNS NORTH

Property DescriptionLots 1- 5 on RP701228

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 INFRASTRUCTURE CHARGES NOTICE

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APPENDIX 4 SUPPORTING INFORMATION TO PLANNING REPORT

Photomontage Provided by Applicant

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ordinary meeting 6 - cairns regional council · 3/22/2017 · site plan sk.04 december 2016...

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