ordinary meeting 8 - cairns regional council€¦ · agenda – ordinary meeting 26 september 2012...

122

Agenda – Ordinary Meeting 26 September 2012 - #3726882

ORDINARY MEETING

26 SEPTEMBER 2012 8

MATERIAL CHANGE OF USE – HOUSE (HILLSLOPES) 2-6 EVANS STREET, YORKEYS KNOB – DIVISION 8 Leon Doutre : 8/7/2553 : #3675591

PROPOSAL: HOUSE (HILLSLOPES) APPLICANT: ALAN CLOUGH 1 KAREN CLOSE WOREE QLD 4868 LOCATION: 2-6 EVANS STREET YORKEYS KNOB PROPERTY: LOT 1 ON RP727871 PLANNING DISTRICT: BARRON SMITHFIELD PLANNING AREA: RESIDENTIAL 1 PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: NONE APPLICABLE DIVISION: 8 STATUTORY ASSESSMENT DEADLINE: 2 OCTOBER 2012 APPLICATION RECEIVED 5 AUGUST 2012 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. STANDARD DRAWING – ACCESS

CROSSOVER 3. SUPPORTING PHOTOGRAPHS

123


LOCALITY PLAN:

RECOMMENDATION That Council approves the request for a Material Change of Use (Code Assessment) for House/Hillslopes over land described as Lot 1 on RP727871 located at 2-6 Evans St, Yorkeys Knob 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 Date

Site Plan Gateway Constructions GW-112-027 01 27 July 2012 Floor Plans Gateway Constructions GW-112-027 02 11 July 2012 Elevations Gateway Constructions GW-112-027 03 27 July 2012 Detached Dwelling Gateway Constructions GW-112-029 04 27 July 2012 Perspective 1 Gateway Constructions GW-112-027 05 27 July 2012 Perspective 2 Gateway Constructions GW-112-027 06 27 July 2012

124


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, including recommendations and findings confirmed within technical reports; 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 satisfied prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

Lawful Point of Discharge 3. The flow of all external 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.

Geotechnical Report

4. All construction on the site must be in accordance with the

recommendations of the Geotechnical Report prepared by Douglas Partners dated June 2002. The works must be supervised by a Registered Professional Engineering Queensland (RPEQ) with all work detailed on a certificate of supervision and a copy of the supervision certificate submitted to Council upon completion. In addition, the following is required:

a. Provide detail and certification from a suitably qualified RPEQ of the

specific means of supporting/protecting the rear batter in accordance with the report; and

b. Drainage measures must be included above each batter and on the

intermediate berms with appropriately designed outlets into the drainage system.

Engineering details must be endorsed by the Chief Executive Officer prior to

the issue of a Development Permit for Building Work. Such works must be completed in accordance with the approved plans prior to the commencement of use.

125


All earthwork batters steeper than 1 in 2 and/or higher than 1.8 metres must be certified by a qualified Geotechnical Engineer prior to the Commencement of Use.

Water Supply and Sewerage Works Internal 5. Undertake the following water supply and sewerage works internal to the

site: 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. Damage to Infrastructure 6. 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, Cairns Water & Waste must be notified immediately of the affected infrastructure and have it repaired or replaced by Cairns Water & Waste at no cost to Council.

Vegetation Clearing 7. Existing vegetation on the subject land must be retained in all areas except

those affected by the installation of services as detailed on the approved plans. Any further clearing requires an Operational Works Approval.

All pruning of trees is to be in accordance with the requirements of Australian Standard Pruning of Amenity Trees AS 4373-2007.

Landscaping 8. Areas affected by building works must be landscaped generally in

accordance with the approved plans. In particular: a. Landscaping must include planting of all existing batter areas.

b. Landscaping to obscure views of supporting structures;

c. Landscaping with screening qualities must be planted along the boundary adjoining Lot 2 on RP726834 to obscure views of neighbouring property and to buffer the existing House from headlight spillage attached to the access driveway.

126


Building Colours 9. The exterior finishes and colours of Buildings are non-reflective and blend

with the natural colours of the surrounding environment. Roofs and structures (including water tanks) must be of moderately dark to darker shades of green, grey, blue and brown.

The above requirements must be made known in writing to all prospective

purchasers. Sediment and Erosion Control 10. 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).

Weed Management 11. The site is known to contain invasive and / or declared weed species. All

works must be undertaken in a manner which does not spread these species off site. Vehicles and machinery are to be washed down effectively before leaving the site. Identified weed species must be eradicated from the site over time. For assistance with eradication methods visit the Queensland Biosecurity website on www.deedi.qld.gov.au.

External Works 12. Undertake the following external works: a. Provide concrete crossover(s) in accordance with FNQROC

Development Manual Standard Drawing S1015. A copy is attached at Appendix 2.

All works must be constructed in accordance with the endorsed plan to the

satisfaction of the Chief Executive Officer prior to the Commencement of Use.

Use of the House 13. The lot must not contain more than one House and such House is to be

occupied by one household.

127


Structural Certification

14. All retaining walls or structures higher than 900mm must be structurally certified prior to the issue of a Development Permit for Building Work. Where the profile or height of the wall is redesigned during structural certification, amended plans must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

The Applicant/owner must ensure that the retaining wall does not result in the ponding or concentration of stormwater flows.

Finished Retaining Wall Colour

15. All retaining walls, including those existing, must be constructed of materials and/or finished in colours, which blend with the surrounding natural environment.

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 the Sustainable Planning Act 2009.

2. The applicant/owner is advised that this approval does not approve the construction of the building work. A Development Permit for Building Work must be obtained in order for construction to commence.

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.

5. 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.

EXECUTIVE SUMMARY:

Council is in receipt of an application for a House at 2-6 Evans Street, the northern end of Sims Esplanade, Yorkeys Knob. The site in question is very steep, though already contains a narrow benched pad and is serviced by a paved driveway. The application proposes a three (3) storey House and a single storey self-contained outbuilding. The proposed House will have a maximum height of 9.42m and exceeds the maximum prescribed height under the Residential 1 Planning Area code by 1.9m.

Officers are satisfied that despite exceeding the maximum prescribed height, the proposed House will not impact upon the views of neighbouring properties, or significantly detract from the scenic amenity of the hill. The application is recommended for approval, subject to specific conditions regarding engineering, drainage and the provision of services.

128


PLANNING CONSIDERATIONS: Background The former Cairns City Council at its ordinary meeting of 27 February 2003 issued an approval for the development of a House that exceeded the maximum prescribed height (Council Ref 8/20/1 - #587692). The approval granted permission for a three (3) storey House that had a maximum height of 9m and a larger footprint on the site. Council’s position on the development can be summarised as below: “Having regard to the slope of the subject land, the existing building pad and driveway, existing vegetation, the design and darker colour shades of the proposed dwelling, and the existing surrounding dwellings in the area it is considered that the proposed dwelling will not significantly impact upon the visual amenity of the hillslopes when viewed from significant viewing points including Sims Esplanade” Proposal The application before Council involves the establishment of a three (3) storey House and detached single storey residence on steep land at the northern end of Sims Esplanade, Yorkeys Knob. The narrow pad on the site has previously accommodated a small House. A thin slab, access driveway and double garage are now the only remaining remnants of this House. The pad sits 15m above the esplanade and the near-vertical rear batter rises between 12.5m-14m to the residences sat above. The new House is proposed to be established on the narrow pad and is to have a small footprint of approximately 113m² and a total gross floor area of 278m². The three (3) storey House is to be constructed of lightweight materials and sat on small piers to enable better stability and drainage outcomes. The House is proposed to be sited immediately on the crest of the lower batter supporting the pad to the driveway. The total height of the building is proposed to be 11.01m, or 9.42m to the underside of the roof. This equates to the proposal exceeding the maximum prescribed height of the Residential 1 Planning Area by 1.9m. Half of the proposed ground floor is to be established as an open carport structure. A large circular deck is orientated toward the east and helps breaks up the bulk of the building, with the glass balustrading providing some level of transparency. The roof of the primary structure slants from south to north to enhance natural ventilation and protect the front batter from drainage overspill. As such, the roof becomes largely invisible from most prominent vistas and the smooth cladding directly below it is considered to become the most visually conspicuous element of the structure. The application also proposes to establish a small detached one-bedroom dwelling to be set on a very narrow step at the base of large rear batter. The dwelling is intended to be the first structure built and is stated to be for the purpose of accommodating the residents until the primary House is completed. The dwelling will then function as a studio once the House becomes habitable. The 2.97m high single storey dwelling has a footprint of 4m x 8m and proposes to cantilever a small deck out over the small batter that supports the ledge.

129


CairnsPlan Assessment

CairnsPlan 2009 Barron-Smithfield District

Code Applicability

Compliance

Planning Area Residential 1 Does Not Comply – See comments below.

Land Use House Does Not Comply – See comments below.

Overlays Hillslopes Conditioned to Comply – See comments below.

General Excavation & Filling Code Conditioned to Comply – See comments below.

OFFICER COMMENTS The primary area of non-compliance with CairnsPlan 2009 obviously concerns the exceeding of the 7.5m height limit prescribed under the Residential 1 Planning Area code and the House code. Officers provide the following comments with respect to the issues considered pertinent to the proposal. Engineering & Geotechnical Considerations A detailed geotechnical assessment of the site was undertaken by Douglas Partners in June 2002 and their subsequent report is considered by Council engineers to remain credible given the absence of works on the site or immediately upslope. The report classified the site as “high risk” of future landslides when assessed in accordance with the AGS Guidelines. As a consequence of this high risk classification the report goes through to detail the slope treatments for the batters on the site required to reduce the risks of future failure to acceptable levels. Primary amongst these will be the requirement for both proposed structures on the site to be keyed into rock and for “rockfall protection” mitigation measures to be employed for the rear batter. The Applicant has considered the report and constraints of the site and engaged in prelodgement discussions with Council Planners as to how these can be best managed through design. This included the raising of the structures on piers and avoidance of any slab on ground techniques to facilitate optimal stability and drainage outcomes. Most significantly, the application proposes no real excavation or filling on the site and has been designed around the existing pad. The development has been conditioned to incorporate the recommendations made by the report and conduct all necessary works where required by the certifying RPEQ engineer. All retaining existing structures on the site have also been conditioned to be certified where required. Height & Visual Amenity In considering the exceeding of the prescribed height of 7.5m, Planners are primarily concerned with any impacts that may be associated with an additional 1.9m. The applicant has undertaken a basic visual amenity study to indicate the proposed height of the building when viewed from prominent vistas, most notably when travelling north along Sims Esplanade. Given the height of the rear batter, there is not likely to be any detrimental impacts to the views of properties to the rear (north) of the site.

130


As identified by the Applicant, the only property likely to be impacted upon by the proposed House is the existing residence at 14 Janett Street (Lot 2 on RP726834). The House on Lot 2 is orientated toward the southeast and the location of the proposed House is not considered to represent their primary view line, though it will be visible. The photos submitted by the applicant and attached as Appendix 3, show that the 1.9m in additional height would not have a significant impact above that which a 7.5m high House (plus roof) results in. The 20m separation between the two Houses ensures that shadowing and other issues often attached to excess building height are unlikely to result. Moreover, the application has been conditioned to provide fencing and landscaping with screening qualities along the common boundary to help ensure that any headlight spill from vehicles using the existing driveway is mitigated. When viewed from Sims Esplanade, it is recognised that parts of the development are likely to be visible. However, when this visibility (as shown in Appendix 3) is evaluated in the context of the surrounding development on the hill behind, the probable prominence of the House rapidly diminishes. The predominantly light coloured three and four storey development higher upslope, will in the opinion of Planners, continue to garner most visual attention when viewing the hill from this vista. The darker colours and retention of existing vegetation should help to ensure that the proposed House does not change this status quo. Leon Doutre Planning Officer Action Officer N Beck A/Manager Development Assessment

131


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

132


133


134


135


136


137


APPENDIX 2 – FNQROC STANDARD DRAWING S1015

138


APPENDIX 3 – SUPPORTING PHOTOGRAPHS

139


140


141


142


143


144


145


146


147


148


149


150


151


152


153


154


ordinary meeting 8 - cairns regional council€¦ · agenda – ordinary meeting 26 september 2012...

Documents