cairns city council planning & environment ......– the good shepherd angligan church, 115-117...

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CAIRNS CITY COUNCIL

PLANNING & ENVIRONMENT COMMITTEE

15 APRIL 2004

TABLE OF CONTENTS

1. WATER SUPPLY HEADWORKS – GOLDSBOROUGH VALLEY ........................1 Brian Smyth:JEA : 24/1/2-01: #773253

2. RESPONSE TO DEPARTMENT OF TOURISM, FAIR TRADING AND WINE INDUSTRY DEVELOPMENT – LIQUOR LICENSING DIVISION – NEW APPLICATIONS ........................................................................2

Rohan Lee : 8/20/6-02: #771437

3. APPROVAL TO EXHIBIT WALL ADVERTISEMENT – CHEMIST WAREHOUSE – 50 MCLEOD STREET, CAIRNS ...............................................26

G Brazier : 8/1/1: #773471

4. HOUSE REMOVAL APPLICATION FROM 15-17 CLARE STREET, PARRAMATTA PARK LOT 10 RP 701369 TO 72-74 MINNIE STREET, PARRAMATTA PARK LOT 7 & 8 RP 701359 – DIVISION 6...............32

Laurie Phipps : 12/2/2-10 : #772807

5. HOUSE REMOVAL APPLICATION FROM 61-63 MINNIE STREET, PARRAMATTA PARK LOT 10 RP 701366 TO 401 LAKE STREET, CAIRNS NORTH LOT 3 PLN C198189................................................41

Julie Wright : 12/2/2-10 : #765425

6. VARIATION OF SITING PROVISIONS OF STANDARD BUILDING REGULATION & PLANNING SCHEME FOR THE BALANCE OF THE CITY OF CAIRNS FOR AN ALLOTMENT AT 34 JANETT STREET, YORKEYS KNOB.................................................................................49

Peter Tabulo 1/58/7-02: #772615

7. DISPENSATION OF A PLANNING SCHEME PROVISION – 80 MARTYN STREET, PARRAMATTA PARK – DIVISION 6..............................52

Llew Beaton: 8/20/1-89 : #771418

8. DISPENSATION OF A PLANNING SCHEME PROVISION – SITE COVERAGE – 224-226 GRAFTON STREET, CAIRNS NORTH - DIVISION 6 ...........................................................................................................57

Kym Watton: 8/20/1-88 : #771759

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9. DISPENSATION OF PLANNING SCHEME PROVISION– SETBACK AND SITE COVERAGE PROVISIONS – 242-248 GRAFTON STREET AND 16 GATTON STREET, CAIRNS NORTH – DIVISION 6 ..............................62

Kym Watton: 8/20/1-89 : #771880

10. DISPENSATION OF A PLANNING SCHEME PROVISION – SETBACK PROVISION – 209-211 SHERIDAN STREET, CAIRNS NORTH – DIVISION 6...........................................................................................72

Kym Watton: 8/20/1-89 : #770745

11. REQUEST FOR DISPENSATION OF PLANNING SCHEME PROVISION – THE GOOD SHEPHERD ANGLIGAN CHURCH, 115-117 COLLINS AVENUE, EDGE HILL – DIVISION 8 ...................................................................76

Neil Beck: 8/20/1-89 : #769764

12. REQUEST TO CHANGE DEVELOPMENT APPROVAL AND CHANGE CONDITIONS OF DEVELOPMENT APPROVAL – CAPTAIN COOK HIGHWAY, PALM COVE. DIVISION 11 ..................................................83

Nikki Huddy: 8/13/592-01 : #766664

13. NEGOTIATED DECISION NOTICE - RECONFIGURING A LOT (1 LOT INTO TWO LOTS) – 430 MAYERS STREET, EDGE HILL – DIVISION 8 ...........................................................................................................93

Peter Boyd: 8/13/663-01 : #770753

14. NEGOTIATED DECISION - RECONFIGURING A LOT (1 LOT INTO 3 LOTS) 64-70 SUPPLY ROAD, BENTLEY PARK – DIVISION 3 .....................100

Neil Beck: 8/13/723-01:#767931

15. NEGOTIATED DECISION FOR RECONFIGURING A LOT (1 LOT INTO 6 LOTS) 23-33 UPOLO ESPLANADE, CLIFTON BEACH – DIVISION 11 .......................................................................................................104

Neil Beck: 8/13/711-01 : #764804

16. NEGOTIATED DECISION - MATERIAL CHANGE OF USE - (IMPACT ASSESSMENT) – ACCOMMODATION UNITS (MEDIUM DENSITY) – 19-23 MINNIE STREET, PARRAMATTA PARK – DIVISION 6..................................109

Neil Beck: 8/8/540-01 : #770978

17. MATERIAL CHANGE OF USE (CODE ASSESSMENT) – REDLYNCH CENTRAL SHOPPING CENTRE – 20 LARSEN ROAD, REDLYNCH – DIVISION 12 .......................................................................................................115

Jenny Elphinstone: 8/7/130-01 : #763418

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18. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – EXTENSIONS TO EXISTING DUPLEX – 42 VEIVERS ROAD, PALM COVE – DIVISION 11 .......................................................................................................144

Kym Watton: 8/8/556-01 : #770789

19. MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – USE RIGHTS FOR THE RESIDENTIAL 2 ZONE AND COMMERCIAL ZONE – ISABELLA ROAD, EDMONTON – DIVISION 2 ...................................151

Neil Beck : 8/8/553-01 : #745463

20. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 28 WILKINSON STREET, KEWARRA BEACH – DIVISION 12 ...................................................162

Llew Beaton: 8/13/742-01 : #770769

21. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 12 NESBIT STREET, WHITFIELD – DIVISION 8..................................................................169

Llew Beaton: 8/13/760-01 : #770796

22. RECONFIGURING A LOT (1 INTO 2 LOTS) – GREER ROAD, MIRIWINNI – DIVISION 1 ...................................................................................175

Rohan Lee: 8/13/773-01 : #772626

23. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 8 HERON CLOSE, KEWARRA BEACH – DIVISION 11.....................................................182

Rohan Lee: 8/13/763 : #769975

24. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 27 HARVEY ROAD, REDLYNCH – DIVISION 12 ...................................................................191

Kym Watton: 8/13/744-01 : #770742

25. RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 51-59 HARVEY ROAD, REDLYNCH – DIVISION 12 ...................................................................199

Peter Boyd: 8/13/716-01 : #770838

26. RECONFIGURING A LOT (2 LOTS INTO 3 LOTS) – AND AN EASEMENT – ABBOTT, APLIN, LAKE AND FLORENCE STREETS – CAIRNS CITY - DIVISION 6 ...............................................................................208

Neil Beck: 8/13/767-01 : #772863

27. RECONFIGURING A LOT (1 LOT INTO 53 LOTS AND DRAINAGE RESERVE) – MAYFLOWER & PERCY STREETS, MOUNT SHERIDAN – DIVISION 3...................................................................................216

Neil Beck: 8/13/656-01 : #764167

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28. RECONFIGURING A LOT (1 LOT INTO 5 LOTS WITH COMMON PROPERTY AND 2 LOTS WITH ACCESS EASEMENT) – 130-132 BALACLAVA ROAD, EARLVILLE – DIVISION 7..............................................236

Neil Beck: 8/13/728-01 #772773

29. RECONFIGURING A LOT (BOUNDARY REALIGNMENT & CREATION OF AN ACCESS EASEMENT TO A ROAD) – BRUCE HIGHWAY EDMONTON – DIVISION 1 ................................................................................247

Jenny Elphinstone: 8/13/758-01 : #760524

30. RECONFIGURING A LOT (BOUNDARY REALIGNMENT) – 177 MARTYN STREET, MANUNDA – DIVISION 6...................................................262

Peter Boyd: 8/13/751 : #770717

31. RECONFIGURING A LOT (BOUNDARY REALIGNMENT) – 72-74 MINNIE STREET, PARRAMATTA PARK – DIVISION 6....................................271

Peter Boyd: 8/13/761 : #770606

32. RECONFIGURING A LOT (1 LOT INTO 2 LOTS PLUS ACCESS EASEMENT FROM A ROAD) – 18-42 MANN STREET, WESTCOURT – DIVISION 6 ..............................................................................283

Neil Beck 8/13/762-01 #771066

33. COMPENSATION CLAIMS & APPEALS – MARCH 2004.................................288 Nikki Huddy: 1/59/2-01 : #536015 V19

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Agenda – Planning & Environment Committee 15/4/04 - #774382


15 APRIL 2004

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WATER SUPPLY HEADWORKS – GOLDSBOROUGH VALLEY Brian Smyth:JEA : 24/1/2-01: #773253

RECOMMENDATION:

It is recommended the existing headworks policy for water supply be: 1. Reviewed as a consequence of the extension of water supply headworks

into Goldsborough Valley, and 2. Reported on to Council should a change in policy be envisaged.

BACKGROUND: Water supply for the Goldsborough Valley is currently sourced through the Goldsborough bore field and pumped to the Goldsborough reservoir. The existing adopted headworks policy of Council does not include a contribution rate from any development in the Goldsborough Valley due to the location and source of the water supply. Under the 2003/2004 budget, Cairns Water is extending supply to the Goldsborough Valley from the reticulated supply for the majority of Cairns residents. This new “headwork” will replace the existing developer provided “headwork” and therefore a contribution rate may be calculated for any future development in the valley.

REPORT: Council is required to resolve to modify the existing headworks policy to take account of the extension of the water headworks into Goldsborough Valley. Once this resolution is passed, a review of the policy will be undertaken and reported back to Council for future adoption. Brian Smyth GENERAL MANAGER CAIRNS WATER

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15 APRIL 2004

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RESPONSE TO DEPARTMENT OF TOURISM, FAIR TRADING AND WINE INDUSTRY DEVELOPMENT – LIQUOR LICENSING DIVISION – NEW APPLICATIONS Rohan Lee : 8/20/6-02: #771437

RECOMMENDATION:

That the applicant and the Liquor Licensing Division be advised of the following comments: 1. Trinity Beach Hotel Motel, 116-118 Reed Road, Trinity Park

Council has no objections to the proposed Detached Bottleshop Licence for Trinity Beach Hotel Motel, located at 116-118 Reed Road, Trinity Park and described as Lot 3 on RP744019, Parish of Smithfield.

2. Choc Dee Thai Restaurant, 123-127 Williams Esplanade, Palm Cove

Council has no objections to the proposed On-Premises (Meals) Licence – Provision of Meals for Choc Dee Thai Restaurant, located at 123-127 Williams Esplanade, Palm Cove and described as Lot 0 on PLN132048, Parish of Smithfield.

3. Lakes Cairns Resort and Spa, McLeod Street, Cairns North

Council has no objections to the proposed Residential Licence for Lake Cairns Resort and Spa, McLeod Street, Cairns North, located at 381 McLeod Street, Cairns North and described as Lots 1-5 on RP709531, Lot 24 on RP714351, Lot 25 on C198378 and Part of Lot 20 on C198300, Parish of Cairns.

4. Mother India, Cairns

Council has no objections to the proposed On-Premises (Meals) Licence – Provision Meals for Mother India Restaurant, located at 2/66 Shields Street, Cairns, and described as Lot 1 on RP707785, Parish of Cairns.

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5. Liquid Catering, Cairns

Council has no objections to the proposed Limited Liquor Licence for Liquid Catering, located at 94-98 Abbott Street, Cairns, and described as Lot 789 on CP198360, Parish of Cairns.

6. MV Malu Warrior, Cairns

Council has no objections to the proposed Limited Liquor Licence for MV Malu Warrior, located at Wharf Street, Cairns.

INTRODUCTION: The Department of Tourism, Fair Trading and Wine Industry Development – Liquor Licensing Division has written to Council seeking comment from Council on a number of matters, involving new liquor licence application for premises located at:

116-118 Reed Road, Trinity Park (Detached Bottleshop Licence); 123-127 Williams Esplanade, Palm Cove (On-Premises (Meals) Licence –

Provision of Meals); 381 McLeod Street, Cairns North (Residential Liquor Licence); 2/66 Shields Street, Cairns (On-Premises (Meals) Licence – Provision of Meals); 94-98 Abbott Street, Cairns (Limited Liquor Licence) and Wharf Street, Cairns (Limited Liquor Licence);

Council now has the opportunity for submit comments to the Liquor Licensing Division.

TOWN PLANNING CONSIDERATIONS: NEW LIQUOR LICENCE APPLICATION Trinity Beach Hotel Motel, Trinity Park An application for a Detached Bottleshop Licence has been applied for by Trinity Beach Hotel, located at 116-118 Reed Road, Trinity Park and described as Lot 3 on RP744019. Should this licence be granted, it would enable the applicant to sell liquor to the public for takeaway purposes. Liquor may be supplied free of charge to the general public for consumption on the premises as promotional samples only. The licence requires the bottleshop to trade under the same trading name at the main hotel premises. The proposed trading hours are between 10am to 12pm, Monday to Sunday, which is within the Council’s General Policy on Liquor Licensing. A copy of the notice of application is attached as Attachment 1.

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The subject land is included within the Commercial zone in the Planning Scheme for the Balance of the City of Cairns. A Shop is self assessable development in the Commercial zone and therefore planning approval is not required. General Policy – Liquor Licensing The proposal is consistent with Council’s General Policy – Liquor Licensing. Divisional Councillor and Safety Officer Comments The Divisional Councillor and Safety Officer have no objections to the proposed Detached Bottleshop Application. NEW LIQUOR LICENCE APPLICATION Choc Dee Thai Restaurant, Palm Cove An application for an On-Premises (Meals) Licence has been applied for at Choc Dee Thai Restaurant, located at 123-127 Williams Esplanade, Palm Cove and described as Lot 0 on PLN132048. Should this licence be granted, it would enable the applicant to serve liquor with or without a meal, as long as the primary purpose of the premises is for meal provision. The licence will require a menu, liquor list and licence conditions to be prominently displayed so they are visible from outside the premises. Additionally, the licence will allow a dining patron to take away one opened bottle of wine served with a meal and one sealed bottle of wine. Patrons may BYO their liquor onto the premises at the discretion of the licensee. Liquor may be sold to non-diners as long as the primary purpose of providing meals continues to be met. The proposed trading hours are between 10am to 12 midnight, Monday to Sunday. A copy of the notice of application is attached as Attachment 2. The subject land is included within the Residential 3 zone, and the necessary approvals for a Restaurant have been obtained for the site. General Policy – Liquor Licensing The proposal is consistent with Council’s General Policy – Liquor Licensing. Divisional Councillor and Safety Officer Comments The Divisional Councillor and Safety Officer have no objections to the proposed On-Premises (Meals) Licence Application.

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NEW LIQUOR LICENCE APPLICATION The Lakes Cairns Resort and Spa, Cairns North An application for a Residential Liquor Licence has been applied for at Lakes Cairns Resort and Spa, located at 381 McLeod Street, Cairns North and described as Lots 1-5 on RP709531, Lot 24 on RP714351, Lot 25 on C198378 and Part of Lot 20 on C198300. The primary purpose of a Residential Liquor Licence is that it may only be granted to a business where the primary purpose is the provision of accommodation. Should this licence be granted it would enable the holder of the licence to sell liquor to a resident or a guest of a resident for consumption on the premises at any time and up to 9 litres for consumption off the premises to residents only. If service takes place outside of ordinary or extended trading hours, it must be in residents’ units or another area approved by the Chief Executive of the Liquor Licensing Division, for example a guest’s lounge. The proposed trading hours are 24 hours per day. Under the provisions of a Residential Licence, liquor may be served at any time to Residents and their guests. A copy of the notice of application is attached as Attachment 3. Under the Residential Licence, liquor may be served at any time from Monday to Sunday, between the hours of 10am to 12 midnight in a restaurant or dining area to patrons partaking of a meal. If extended trading hours are required, a separate application must be lodged, detailing how the extended hours are in the public interest. On Good Friday and Christmas Day, liquor may only be served during ordinary (not extended) hours, and only in conjunction with a meal, in an area ordinarily used for dining. On Anzac Day, this provision applies until 1pm. The subject land is included within the Medium Density Residential zone in the Planning Scheme for Part of the City of Cairns. The licence forms part of a 1999 Development Permit 240 Accommodation Units (Medium Density) and/or Holiday Apartments (Medium Density) and Ancillary Commercial Services, Local Store, Offices, Caretaker’s Residence and Reception Area. The Residential Licence application is considered consistent with this approval. General Policy – Liquor Licensing The proposal is consistent with the Council’s General Policy – Liquor Licensing. Divisional Councillor and Safety Officer Comments The Divisional Councillor and Safety Officer have no objections to the proposed Residential Licence.

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NEW LIQUOR LICENCE APPLICATION Mother India, Cairns An application for an On-Premises (Meals) Licence has been applied for at Mother India Restaurant, located at 2/66 Shields Street, Cairns and described as Lot 1 on RP707785. Should this licence be granted, it would enable the applicant to serve liquor with or without a meal, as long as the primary purpose of the premises is for meal provision. The licence will require a menu, liquor list and licence conditions to be prominently displayed so they are visible from outside the premises. Additionally, the licence will allow a dining patron to take away one opened bottle of wine served with a meal and one sealed bottle of wine. Patrons may BYO their liquor onto the premises at the discretion of the licensee. Liquor may be sold to non-diners as long as the primary purpose of providing meals continues to be met. The proposed trading hours are between 10am to 12 midnight, Monday to Sunday. A copy of the notice of application is attached as Attachment 4. The subject land is included within the Central Business zone. In this zone, no approvals are necessary for a Restaurant. General Policy – Liquor Licensing The proposal is consistent with Council’s General Policy – Liquor Licensing. Divisional Councillor and Safety Officer Comments The Divisional Councillor and Safety Officer have no objections to the proposed On-Premises (Meals) Licence Application. NEW LIQUOR LICENCE APPLICATION Liquid Catering, Cairns An application for a Limited Liquor Licence has been applied for at Liquid Catering, located at 94-98 Abbott Street, Cairns and described as Lot 789 on CP198360. Should this licence be granted it would enable the applicant to sell liquor whilst catering and serve alcohol in an outdoor dining area as part of their proposed licensed area. The proposed trading hours are between 10am to 12 midnight, Monday to Sunday, which is within the requirements of Council’s General Policy on Liquor Licensing. A copy of the notice of application is attached as Attachment 5.

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The subject land is included within the Special Purpose zone in the Planning Scheme for Part of the City of Cairns which reflects the site’s former use as the officer for the Department of Main Roads. The site has since been approved for use as Indoor Entertainment for the Centre of Contemporary Arts. An application for a Limited Liquor Licence is considered appropriate for this use. General Policy – Liquor Licensing The proposal is consistent with Council’s General Policy – Liquor Licensing. Divisional Councillor and Safety Officer Comments The Divisional Councillor and Safety Officer have no objections to the proposed Limited Liquor Licence. NEW LIQUOR LICENCE APPLICATION MV Malu Warrior, Cairns An application for a Limited Liquor Licence has been applied for MV Malu Warrior, located at Wharf Street, Cairns. Should this licence be granted, it would enable the applicant to sell liquor for consumption off the vessel and to persons engaged as crew members on bona fide commercial fishing vessels operating outside the Port of Cairns, in conjunction with mother-shipping services provided by the licensee to that vessel. This licence prohibits the sale and supply of liquor for consumption on the vessel to which this licence relates. The proposed trading hours are 24 hours per day, excluding Christmas Day, Good Friday and prior to 1pm on Anzac Day. A copy of the notice of application is attached as Attachment 6. General Policy – Liquor Licensing The proposal is consistent with Council’s General Policy – Liquor Licensing. The policy does not stipulate trading hours for applications for Limited Liquor Licenses. Divisional Councillor and Safety Officer Comments The Divisional Councillor and Safety Officer have no objections to the proposed Limited Liquor Licence.

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ATTACHMENTS: 1. Notice of Application for a Detached Bottleshop, Trinity Beach Hotel Motel, Trinity

Beach. 2. Notice of Application for an On-Premises (Meals) Licence for Choc Dee Thai

Restaurant, Palm Cove. 3. Notice of Application for a Residential Liquor Licence, Lakes Cairns Resort and

Spa, Cairns North. 4. Notice of Application for an On-Premises (Meals) Licence for Mother India

Restaurant, Cairns. 5. Notice of Application for a Limited Liquor Licence for Liquid Catering, Cairns. 6. Notice of Application for a Limited Liquor Licence for MV Malu Warrior, Cairns. Rohan Lee Planning Officer Action Officer P M Tabulo General Manager City Development

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Attachment 1

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Attachment 2

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Attachment 3

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Attachment 4

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Attachment 5

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Attachment 6

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15 APRIL 2004

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APPROVAL TO EXHIBIT WALL ADVERTISEMENT – CHEMIST WAREHOUSE – 50 MCLEOD STREET, CAIRNS G Brazier : 8/1/1: #773471

RECOMMENDATION:

A. The application from John Evans & Associates P/L Architects to exhibit

various advertisements, listed hereunder, on land described as L2 RP711369 and situated at 59-65 McLeod Street, Cairns, is determined as follows:-

a. The application to display:-

i. Three (3) Facia signs identified as (Area 2.6 & 7.9 m2) on drawing A6 ii. Five (5) painted Wall signs identified as (Area 4.2, 4.3, 2.3, 3.4,

1.5m²) on drawing A6

is approved, subject to the following conditions:-

b. That the advertisement is exhibited generally in accordance with the details submitted in the application dated 30 March 2004.

c. The advertisement are certified and erected by competent persons in

accordance with the Queensland Building to ensure public safety is not jeopardised.

B. The application to exhibit two Over Awning signs identified as (Areas 22.0 &

12.3 m2) on drawing A6 -

Is refused, on the grounds that the signs are in excess of the maximum 1.5m². Stipulated in Section 8.1.-Local Law Policy No.6 (Control of Advertising).

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INTRODUCTION: An application has been received from John Evans & Associates P/L to exhibit brightly coloured, multiple advertisements, advertising a Chemist Warehouse, on the front of the old Ice Skating Ring at 59-65 McLeod Street, Cairns. The site is situated opposite the Cairns Central Shopping Centre. . The total area of the signage is 63 square metres and includes two large over awning signs, three Facia signs and five painted wall signs. (See attached drawings)

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COMMENT: The colours of the wall and signage are extremely bright (as per colour photo) and may be considered as being detrimental to the amenity of the area. The over awning signs are supported by pipes, painted on metal sheet and are in excess of the permitted 1.5 square metres (Section 8.1) The Facia signs consist of two signs each 2.6 sq. mts in the shape of a house, attached to each end of the awning, plus one sign 7.9 sq mts in size, painted on the front of the facia. The land is zoned Central Business under Council’s Local Law Policy (Control of Advertisements), and advertisements of the size and type applied for, requires Council approval. There are smaller over awning signs erected on awnings to the South of the subject site, however no record of approval for them can be located.

ATTACHMENTS: Site Plan Drawings of signs Photos of sign Geoff Brazier Enforcement Officer Planning Laurie Phipps Manager Environmental Environment

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15 APRIL 2004

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HOUSE REMOVAL APPLICATION FROM 15-17 CLARE STREET, PARRAMATTA PARK LOT 10 RP 701369 TO 72-74 MINNIE STREET, PARRAMATTA PARK LOT 7 & 8 RP 701359 – DIVISION 6 Laurie Phipps : 12/2/2-10 : #772807

PROPOSAL: TO RELOCATE A DWELLING TO 72-74 MINNIE

STREET, PARRAMATTA PARK LOT 7 & 8 RP 701359 FROM 15-17 CLARE STREET, PARRAMATTA PARK LOT 10 RP 701369

APPLICANT: MONTY KLEVERLAND, PO BOX 1222, CAIRNS Q 4870 PRESENT LOCATION: 15-17 CLARE STREET, PARRAMATTA PARK

LOT 10 RP 701369 PROPOSED LOCATION: 72-74 MINNIE STREET, PARRAMATTA PARK

LOT 7 & 8 RP 701359 ZONE: RESIDENTIAL DIVISION: 6 APPENDIX: 1. NEW LOCALITY PLAN 2. PHOTOGRAPHS

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APPENDIX 1 - LOCALITY PLAN

RECOMMENDATION:

That Council approve the application for the relocation of a dwelling from 15-17 Clare Street, Parramatta Park Lot 10 RP 701369 to Lot 7 & 8 72-74 Minnie Street, Parramatta Park subject to the following conditions: 1. A permit is to be obtained from the Police Department. 2. A permit is to be obtained from the Main Roads Department with respect to

any roads under its control. 3. A permit is to be obtained from Telstra with respect to any overhead

telephone lines or any cables which may be crossed. 4. A permit is to be obtained from Ergon Energy so far as any electricity lines

are concerned. 5. So far as the roads and streets within the Cairns Local Government area are

concerned, where these are under the control of the Council, conditions are:

a. Any damage to the pavement, the shoulders of any road, the water table or any kerbing and channelling or part of the footpath is to be made good and fully replaced to the complete satisfaction of the Chief Executive Officer.

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b. Any water main or house connection services which may be damaged or interfered with are to be fully replaced to the satisfaction of the Chief Executive Officer.

c. Any reinstatement of road shoulders must be in gravel, with the material

being approved by the Chief Executive Officer.

d. No trees shall be lopped or otherwise interfered with in any way whatsoever.

e. Any street signs or other work under it’s control of Council which may

be damaged as result of the transport of the said structure must be repaired or replaced to the satisfaction of the Chief Executive Officer.

6. A development approval must be obtained. 7. A security deposit of $15,100 is to be lodged with Council before the

development permit is issued. 8. A plumbing permit is to be obtained. 9. A signed public indemnity form is to be submitted with a subsequent

development application. 10. The building work must be completed within 6 months of the development

approval being issued. 11. The roof sheeting to be assessed after relocation. 12. The external wall sheeting be painted. 13. Engineers certification on the integrity of the timber and structure to be

obtained and submitted as part of the development approval. 14. Approval for subdivision of allotment.

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EXECUTIVE SUMMARY: An inspection by a Council Building Surveyor was carried out Monday 5 April 2004 of a dwelling at 15-17 Clare Street, Parramatta Park. The building is a highset timber framed dwelling of the 50’s era, approximately 10m x 10m in over all dimensions. The condition of structural elements is generally good with minor repairs and painting required. The structure of the dwelling consists of timber frame cladded with champher boards externally and a flat sheeting internally. The roof has straight lines and it is assumed that the frame will be of the same condition as the rest of the dwelling due to a lack of evidence of leakage to the ceiling which consists of designed metal sheeting & gyprock type sheeting. The timber bearers floor joists and floor boards are generally in good condition, however there is a degree of deterioration of all of the above members under the front toilet and bathroom area which may necessitate some or all of the affected members being replaced. The windows are a combination of side hung casements and hopper style, all of which are in reasonable condition. However the hinges and the sills will require some repairs. The roof sheeting, gutters and facias are in fair condition, however should be reviewed after the dwelling has been relocated. The front and rear stairs will need to be replaced. The structure is in relatively good condition for a building of its age. ASSESSMENT: The building work may be lawfully carried out on the subject allotment as the land is zoned residential. Residential use of this allotment is self-assessable development. The allotment in question is in Parramatta Park, 72-74 Minnie Street. The area is predominately populated with both low and highset dwellings of the same era and architecture design. The subject dwelling in its new position will be highset and set back from the street and side boundary within the limits set by similar Queenslanders in the street. While the façade of the subject dwelling will be enhanced even more to show the traditional old Queenslander type architecture as per the attached photos.

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Under the above circumstances the proposed building should not detract from the existing aesthetics of the immediate area and with the proposed alterations will compliment the existing neighbourhood. CONCLUSION: The building when relocated should not have any extreme adverse effect on the amenity or aesthetics of the character of the neighbourhood. This assessment and recommendation is based on Condition Number 14 - Approval for subdivision of allotment. Kerry Maggs Senior Building Regulation Officer Peter Tabulo General Manager, City Development

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PHOTOGRAPHS

Front of house at 15-17 Clare Street

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Side view of 15-17 Clare Street

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View from rear – to be removed

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Proposed site – 72-74 Minnie St

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15 APRIL 2004

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HOUSE REMOVAL APPLICATION FROM 61-63 MINNIE STREET, PARRAMATTA PARK LOT 10 RP 701366 TO 401 LAKE STREET, CAIRNS NORTH LOT 3 PLN C198189 Julie Wright : 12/2/2-10 : #765425

PROPOSAL: TO RELOCATE A DWELLING FROM 61-63

MINNIE STREET, PARRAMATTA PARK LOT 10 RP 701366 TO 401 LAKE STREET, CAIRNS NORTH LOT 3 PLN C198189

APPLICANT: IT CAIRNS PTY LTD PRESENT LOCATION: 61-63 MINNIE STREET, PARRAMATTA PARK

LOT 10 RP 701366 PROPOSED LOCATION: 401 LAKE STREET, CAIRNS NORTH LOT 3 PLN

C198189 ZONE: RESIDENTIAL DIVISION: 6 APPENDIX: 1. NEW LOCALITY PLAN 2. PHOTOGRAPHS

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APPENDIX 1 - LOCALITY PLAN

RECOMMENDATION:

That Council approve the application for the relocation of a dwelling from 61-63 Minnie Street, Parramatta Park lot 10 RP 701366 to 401 Lake Street, Cairns North Lot 3 PLN C198189 subject to the following conditions: 1. A permit is to be obtained from the Police Department. 2. A permit is to be obtained from the Main Roads Department with respect to

any roads under its control. 3. A permit is to be obtained from Telstra with respect to any overhead

telephone lines or any cables which may be crossed. 4. A permit is to be obtained from Ergon Energy so far as any electricity lines

are concerned. 5. So far as the roads and streets within the Cairns Local Government area are

concerned, where these are under the control of the Council, conditions are:

a. Any damage to the pavement, the shoulders of any road, the water table or any kerbing and channelling or part of the footpath is to be made good and fully replaced to the complete satisfaction of the Chief Executive Officer.

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b. Any water main or house connection services which may be damaged or interfered with are to be fully replaced to the satisfaction of the Chief Executive Officer.

c. Any reinstatement of road shoulders must be in gravel, with the material

being approved by the Chief Executive Officer.

d. No trees shall be lopped or otherwise interfered with in any way whatsoever.

e. Any street signs or other work under it’s control of Council which may

be damaged as result of the transport of the said structure must be repaired or replaced to the satisfaction of the Chief Executive Officer.

6. A development approval must be obtained. 7. A security deposit of $15,100 is to be lodged with Council before the

development permit is issued. 8. A plumbing permit is to be obtained. 9. A signed public indemnity form is to be submitted with a subsequent

development application. 10. The building work must be completed within 6 months of the development

approval being issued. 11. The roof sheeting to be assessed after relocation. 15. The external wall sheeting be painted. 13. Engineers certification on the integrity of the timber and structure to be

obtained and submitted as part of the development approval.

EXECUTIVE SUMMARY:

An inspection by a Council Building Surveyor was carried out Tuesday 9 March 2004 of a dwelling at 61-63 Minnie Street, Parramatta Park. The building is a highset timber framed dwelling of the 50’s era, approximately 10m x 9m in over all dimensions. The condition of structural elements is generally good with minor repairs and painting required. The structure of the dwelling consists of timber frame cladded internally with champher boards while externally there is no cladding.

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The roof has straight lines and it is assumed that the frame will be of the same condition as the rest of the dwelling due to a lack of evidence of leakage to the ceiling which consists of pine tongue and grove. The timber bearers floor joists and floor boards are generally in good condition, however there is a degree of deterioration of all of the above members under the toilet and bathroom area which may necessitate some or all of the affected members being replaced. The windows are a combination of side hung casements and hopper style, all of which are in reasonable condition. However the hinges and the sills will require some repairs. The roof sheeting, gutters and facias are in fair condition, however should be reviewed after the dwelling has been relocated. The front and rear stairs will need to be replaced. The structure is in relatively good condition for a building of its age. ASSESSMENT: Town Planning Considerations Whilst the building work may be lawfully carried out on the subject allotment due to the Residential zoning, the proposal is in conflict with the Strategic Plan and the Protection of Airport Installations DCP. The subject land and the surrounds is experiencing a transition from Residential to Light Industry due to the poor residential amenity of the general vicinity as a consequence of the Cairns Airport. This change is reinforced within the Draft CairnsPlan through placing the precinct within the Industry Planning Area. Significant concerns are raised with regard to the request to place an additional dwelling within the 35 and greater Australian Noise Exposure Forecast contour line. The DCP expressly states that a dwelling is an unacceptable use for any allotment which exceeds the 25 Australian Noise Exposure Forecast contour. Despite the concerns raised above, the present zoning of the land obliges Council Officers to technically support the proposal, however from a strategic land use perspective and a residential amenity perspective the proposal ought to be refused. Building Considerations The allotment in question is located at 401 Lake Street, North Cairns and has a site area of 607m2. The area is predominately populated with both low and highset dwellings of the same era and architecture design. The subject dwelling in its new position will be highset and set back from the street and side boundary within the limits set by similar Queenslanders in the street. While the façade of the subject dwelling will be enhanced even more to show the traditional old Queenslander type architecture as per the attached photos.

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Under the above circumstances the proposed building should not detract from the existing aesthetics of the immediate area and with the proposed alterations will compliment the existing neighbourhood. CONCLUSION: The building when relocated should not have any extreme adverse effect on the amenity or aesthetics of the character of the neighbourhood, however the strategic planning concerns and the impact on the allotment from the Cairns Airport must be noted. Kerry Maggs Senior Building Regulation Officer Peter Tabulo General Manager City Development

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PHOTOGRAPHS

Front of house

Side of house

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401 Lake Street, Cairns North

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IDEAS FOR RENOVATION

IDEAS FOR RENOVATION

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15 APRIL 2004

6

VARIATION OF SITING PROVISIONS OF STANDARD BUILDING REGULATION & PLANNING SCHEME FOR THE BALANCE OF THE CITY OF CAIRNS FOR AN ALLOTMENT AT 34 JANETT STREET, YORKEYS KNOB Peter Tabulo 1/58/7-02: #772615

RECOMMENDATION:

That Council rescind the decision made on the 9th July 2002, being Item 9

VARIATION OF SITING PROVISIONS OF STANDARD BUILDING REGULATION & PLANNING SCHEME FOR THE BALANCE OF THE CITY OF CAIRNS FOR AN ALLOTMENT AT 34 JANETT STREET, YORKEYS KNOB P Tabulo : SDS 1/58/7-02 #492315 COCHRANE / FREEBODY That approval be given for the height of the proposed boundary fence / wall at 34 Janett Street, Yorkeys Knob, shown on the drawings numbered 81786/18 by ARUP, to the end of the planter box only, with the fence / wall to be increased in height adjacent to where the air conditioning units are located at 34 Janett Street to 300mm above the level of the units to reduce the noise impact on the adjoining property.

as the work proposed was never undertaken, hence the decision has no force and effect on the owner of 34 Janett St Yorkeys Knob.

BACKGROUND: Council in January 2001 approved a Bed & Breakfast at 36 Janett St Yorkeys Knob subject to conditions, being amongst other things, limited to two guest bedrooms and the provision of four spaces. Council officers had originally recommended the approval be limited to one guest bedroom. In July 2002 a report was tabled seeking a variation of the siting provisions for building work at 34 Janett St, ie the construction of a boundary fence varying in height from 7.6m to 4 m. Council employed a private certifier to undertake the assessment as there had been disputes between the adjoining owners at, 36 Janett St.

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The tabled report recommended the fence be approved. Council however recommended as follows: That approval be given for the height of the proposed boundary fence / wall at 34 Janett Street, Yorkeys Knob, shown on the drawings numbered 81786/18 by ARUP, to the end of the planter box only, with the fence / wall to be increased in height adjacent to where the air conditioning units are located at 34 Janett Street to 300mm above the level of the units to reduce the noise impact on the adjoining property. The owner was issued with the Council decision. In August/ September 2003 the owners of 34 Janett St revised their plans for the boundary fence so that it built in accordance with the Building Act and does not require a building permit. The owners of 34 Janett St have subsequently come back to Council seeking that the resolution to have the fence built to screen the air conditioning units, be rescinded.

COMMENT: The request is reasonable and should be acceded to by Council. The works the subject of the original report to Council concerning the fence has never been enacted so the resolution of Council technically was not applicable, however it is still on the Council records and could mistakenly be thought to be enforceable. It will be recommended that the resolution be rescinded. There are a range of other matters that are in conflict between the two neighbours, relating to works out on the street and footpath, compliance issues concerning the parking for the B & B, and cutting down of vegetation. The owners of 34 Janett St are seeking a familiarisation inspection of the site by all or as many Councillors as possible prior to the matter be considered by Council. For Councillors information 34 Janett St was the subject of the major slippage during the heavy rain in early 2004.

CONSIDERATIONS:

There are no statutory, policy, financial or social implications relating to this matter, it is more a procedural issue affecting the maintaining of true and accurate resolutions of Council.

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CONCLUSION: The issue to be resolved here is basically procedural. The issues concerning compliance with conditions of approval will be the subject of officer inspections and further reports to Council if such is warranted. Peter Tabulo General Manager City Development

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15 APRIL 2004

7

DISPENSATION OF A PLANNING SCHEME PROVISION – 80 MARTYN STREET, PARRAMATTA PARK – DIVISION 6 Llew Beaton: 8/20/1-89 : #771418

PROPOSAL: DISPENSATION OF PLANNING SCHEME PROVISION

APPLICANT: TAF DEVELOPMENTS 578-580 MULGRAVE ROAD CAIRNS QLD 4870 LOCATION: 80 MARTYN STREET, PARRAMATTA PARK PROPERTY: LOT 2 ON RP706466, PARISH OF CAIRNS ZONE: MEDIUM DENSITY RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL DCP: DCP1 – RESIDENTIAL DENSITIES – 400PPH

DCP2 – HEIGHT AND IMPACT OF BUILDINGS - PRECINCT 5

REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council accept the provision of six (6) on-site car parking spaces in accordance with Section 4.3.3 of the Planning Scheme for Part of the City of Cairns, subject to the applicant:-

1. At their own cost, constructing full width bitumen widening of for the Martyn

Street frontage of the subject land and line-mark for on-street car parking spaces;

2. At their own cost, construct a pedestrian footpath for the full Martyn Street

frontage of the subject land; and 3. Revisit the location and design of the Refuse Bin area so that landscaping

dominates the Martyn Street frontage of the site. All works must be completed to the satisfaction of the Chief executive Officer prior to the commencement of use.

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ADVICE 1. Suitable access and facilities to cater for disabled persons are encouraged

to be provided within the development to ensure the development does not conflict with the provisions of the Disability Discrimination Act.

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 potential cyclone warning is received and that the relevant emergency telephone contacts are provided to Council Officers, prior to the commencement of works.

3. The premises must be registered with Council’s Environmental Branch in

accordance with Local Law No. 6 (Rental Accommodation) prior to the commencement of use.

EXECUTIVE SUMMARY: Council is in receipt of a request for a dispensation of car parking spaces in order to facilitate the establishment of a Boarding House at 80 Martyn Street, Parramatta Park. The subject land is zoned Medium Density Residential within the Planning Scheme and has a site area of 1071m2. The request for dispensation regarding car parking spaces is supported at Officer level and approval is recommended. TOWN PLANNING CONSIDERATIONS: Proposal The applicant seeks to establish a Boarding House containing a total of 27 bedrooms in a three level building on land located at 80 Martyn Street, Parramatta Park. A proposal plan is attached to this report at Appendix 1. A total of six (6) car parking spaces and a bicycle rack are proposed to service the Boarding House. The applicant seeks to provide accommodation aimed particularly at students and proposes a high standard of shared residence facilities to a group of persons who do not want to stay in hostels and other types of budget accommodation. Land Zoning The subject land is zoned Medium Density Residential within the Planning Scheme. The proposed Boarding House, having a site density not exceeding 400 persons per hectare, is a self assessable use within the Medium Density Residential zone.

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The applicant seeks a dispensation regarding the provision of on-site car parking. The proposal complies with all other planning provisions applicable to a Boarding House. Car Parking The Planning Scheme requires Boarding Houses located outside the City and North Cairns to provide on-site car parking at the rate of 1 space per 2 bedrooms. The proposed development therefore generates a requirement for 14 on-site car parking spaces. Under the provisions of CairnsPlan, the proposed use in addition to Hostels (communal rooms) fall within the land use definition of Short Term Accommodation. The car parking rate applicable to such a use is 1 space per 10 beds. Council, through recent approvals for short term accommodation has accepted that the current car parking rates are excessive. This has been adjusted accordingly in the draft Planning Scheme. The applicant seeks to provide six (6) on-site car parking spaces and a bicycle rack for the occupants. It is evident that there is a niche in the market, especially within Parramatta Park, for accommodation for international students who do not want to stay in hostels or other types of budget accommodation. Car ownership is very low among these people and it is evident when passing through Parramatta Park, that such persons are pedestrian focused or use bicycles as their predominant mode of transport. Based upon the nature of the proposed use, it is Council Officers’ opinion that the actual parking demand generated by the development will be far less than that required by the Planning Scheme and that the provision of six (6) on-site car parking spaces is considered adequate to service the development. The applicant is required to widen Martyn Street and construct a footpath for the frontage of the allotment and revisit the location of the refuse area so that landscaping dominates the street frontage of the allotment. Llew Beaton Planning Officer P M Tabulo General Manager City Development

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APPENDIX 1

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15 APRIL 2004

8

DISPENSATION OF A PLANNING SCHEME PROVISION – SITE COVERAGE – 224-226 GRAFTON STREET, CAIRNS NORTH - DIVISION 6 Kym Watton: 8/20/1-88 : #771759

PROPOSAL: DISPENSATION OF A PLANNING SCHEME

PROVISION APPLICANT: VICTOR VOSOBA BOHEMIA INVESTMENTS PTY LTD 76 HILLVIEW CRESECENT WHITFIELD QLD 4870 LOCATION: 224-226 GRAFTON STREET, CAIRNS NORTH PROPERTY: LOT 1 AND 2 ON RP701383, PARISH OF

CAIRNS ZONE: MEDIUM DENSITY RESIDENTIAL STRATEGIC PLAN: HIGH DENSITY RESIDENTIAL DCP: DCP 1 – RESIDENTIAL DENSITIES – 800 PPH

DCP 2 – HEIGHT AND IMPACT OF BUILDINGS – PRECINCT 3


58


LOCALITY PLAN

RECOMMENDATION:

That Council resolve to approve the application for a relaxation, as shown on the plan prepared by Bohemia Investment and submitted with the application on 16 March 2004, of the site coverage to allow a maximum site coverage of 41.6% for the establishment of 10 Accommodation Units on land described as Lot 1 and 2 on RP701383, Parish of Cairns, located at 224-226 Grafton Street, Cairns North. EXECUTIVE SUMMARY: Council is in receipt of a request to relax the Planning Scheme provisions regarding maximum site coverage contained within the Development Control Plan 2 – Height and Impact of Buildings. The proposed development involves the construction of 10 Accommodation Units on land described as Lot 1 and 2 on RP701383 located at 224-226 Grafton Street, Cairns North. Given the location of the proposed development, the building form to be erected, communal landscaped open space area provided and the nature of the surrounding uses, the proposal is considered to be reasonable and there is no planning objection to the proposal. The request for dispensation of the maximum site coverage applicable to the proposed development is recommended for approval.

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TOWN PLANNING CONSIDERATIONS: Proposal The proposed development involves the construction of 4 x 2 bedroom and 6 x 3 bedroom Accommodation Units providing for a permanent resident population. The proposed Accommodation Units are to consist of a three storey building providing communal landscaped open space, and associated car parking. Strategic Plan/DCP The subject site is included in the High Density Residential Preferred Dominant Land Use designation. The proposal is in accordance with the intent of the Strategic Plan. Land Zoning The subject site is included within the Medium Density Residential zone in the Planning Scheme. The proposed development is compatible with the intent of the Medium Density Residential zone. Impact of Proposal The surrounding land uses are largely characterised by a mixture of accommodation units, detached dwellings, and short term accommodation for backpackers and tourists. Accommodation Units (Medium Density) are self-assessable in the Medium Density Residential zone and do not require planning approval from Council. However, new development must comply with the requirements of the Planning Scheme and Development Control Plan 2. The subject land is contained within Precinct 3 of DCP 2 stipulating the maximum site coverage of 35% for three storey buildings. The proposal has been assessed against the requirements of the Planning Scheme to ensure the development complies with all other performance standards and requirements. The results are shown below. Planning Scheme Requirement Proposal Compliance Frontage not less than 15m 20 metres Complies Maximum site population density of 800 persons per hectare – 400 pph on subject site

326 persons per hectare Complies

Minimum site area of 1,000m2

(400pph) 1,012m2 Complies

Car parking spaces (1.25 space per accommodation unit) – 13 spaces

13 on-site car parking spaces Complies

Communal Landscaped Open Space – 360m2 (with 40% of the requirement contained in one area with a maximum length to breadth of 2:1)

370m2 with a minimum of 150m2 in the one area with a maximum length to breadth of 2:1.

Complies

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Setbacks from: Main Street frontage – 6metres Side and Rear Boundaries – 2.5metres

15.5 metres 2.5 metres from side boundaries & 3 metres from rear boundary

Complies

Maximum site coverage of 35% 41.6% Refer to discussion

Plot ratio – 1.75:1 0.8:1 Complies Maximum height of 10m 8.2m Complies

The proposed relaxation is considered suitable based on the following: 1. With the exception of the site coverage, the proposal generally complies with all

other performance standards and requirements for Accommodation Units, the increased site coverage has not resulted in the request to dispense any other requirements that are affected by site coverage, such as setbacks, population density, or the provision of on-site car parking spaces.

2. The provision of undercover parking on the ground floor improves the residential

amenity on site by maximising the amount of open space available to residents, as opposed to constructing freestanding garages (outbuildings), which would be to the detriment of the proposed development.

3. The balconies located on the second and third floors are, in some areas, 3.5

metres in width, and therefore, included within the definition of site coverage. It is considered appropriate that only the areas of the balconies exceeding 2.75 metres is width be included within the calculation of site coverage, consequently resulting in a greater site coverage than the 35% prescribed by DCP 2. The balconies are considered suitable for the proposed development as they compliment and add to the amenity of the Accommodation Units.

4. The proposed development is consistent with the character and development of

the surrounding area. 5. Council has previously supported site coverage relaxations for other

accommodation units within the Cairns City area having regard to the above grounds.

Given the location of the proposed development, the building form to be erected, and the nature of the surrounding uses, the proposal is considered to be reasonable and there is no planning objection to the proposal. Kym Watton Planning Officer Action Officer Peter Tabulo General Manager City Development

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Appendix 1

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15 APRIL 2004

9

DISPENSATION OF PLANNING SCHEME PROVISION– SETBACK AND SITE COVERAGE PROVISIONS – 242-248 GRAFTON STREET AND 16 GATTON STREET, CAIRNS NORTH – DIVISION 6 Kym Watton: 8/20/1-89 : #771880

PROPOSAL: DISPENSATION OF PLANNING SCHEME

PROVISION APPLICANT: SHANE RIMINGTON MAYNARD PARK PTY LTD 1 BARKLYA CLOSE KAMERUNGA QLD 4870 LOCATION: 242-248 GRAFTON STREET AND 16 GATTON

STREET, CAIRNS NORTH PROPERTY: LOT 1 & 2 ON RP701405, LOT 1 & 2 ON

RP706933 AND LOT 3 & 4 ON RP706487 ZONE: MEDIUM DENSITY RESIDENTIAL STRATEGIC PLAN: HIGH DENSITY RESIDENTIAL DCP: DCP 1- RESIDENTIAL DENSITIES – 800 PPH

DCP 2 – HEIGHT & IMPACT OF BUILDINGS – PRECINCT 3


63


LOCALITY PLAN

RECOMMENDATION:

A. That Council resolve to approve the application for a relaxation, as shown on

Plan No. SHA001 WD01 – WD05 dated 10 December 2003, of the front boundary setback to allow a minimum setback of 5 metres on the Grafton Street frontage for the establishment of 27 Accommodation Units (Medium Density) on land described as Lot 1 and 2 on RP701405, Lot 1 and 2 on RP706933 and lot 3 and 4 on RP706487, Parish of Cairns, located at 242-248 Grafton Street and 16 Gatton Street, Cairns North.

B. That Council resolve to approve the application for a relaxation, as shown on

Plan No. SHA001 WD01 – WD05 dated 10 December 2003, of the site coverage to allow a maximum site coverage of 40.5% for the establishment of 27 Accommodation Units on land described as Lot 1 and 2 on RP701405, Lot 1 and 2 on RP706933 and Lot 3 and 4 on RP706487, Parish of Cairns, located at 242-248 Grafton Street and 16 Gatton Street, Cairns North.

EXECUTIVE SUMMARY: Council is in receipt of a request to relax the Planning Scheme provisions regarding maximum site coverage and front setback contained within the Development Control Plan 2 – Height and Impact of Buildings. The proposed development will facilitate the construction of 27 Accommodation Units on land described as Lot 1 and 2 on RP701405, Lot 1 and 2 on RP706933, and Lot 3 and 4 on RP706487 located at 242-248 Grafton Street and 16 Gatton Street, Cairns North.

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Given the location of the proposed development, the building form to be erected, communal landscaped open space are provided and the nature of the surrounding uses, the proposal is considered reasonable and there is no planning objection to the proposal. The request for dispensation of the maximum site coverage and front setback applicable to the development is recommended for approval subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is to establish 27 Accommodation Units in two (2) buildings. The subject site comprises of six (6) allotments, and has a combined area of 2,842m2. The Accommodation Units are proposed in three storey buildings consisting of communal landscaped open space, car parking and five units (5 x 3 bedroom) on the ground floor, 11 units (9 x 3 bedroom and 2 x 2 bedroom) on the second floor and 11 units (9 x 3 bedroom and 2 x 2 bedroom) on the third floor. The subject allotments are currently improved by a backpackers and dwellings. The subject sites are rectangular parcels of land, with frontage to Grafton Street and Gatton Street. Access to the proposed development is via Grafton Street. Strategic Plan/DCP The subject site is included in the High Density Residential Preferred Dominant Land Use. The proposal is in accordance with the intent of the Strategic Plan. Land Zoning The subject site is included within the Medium Density Residential zone in the Planning Scheme. The proposed development is compatible with the intent of the Medium Density Residential zone. Impact of Proposal The surrounding land uses are largely characterised by a mixture of Accommodation Units, detached dwellings, and short-term accommodation for backpackers and tourists. Accommodation Units (Medium Density) are self-assessable in the Medium Density Residential zone and do not require planning approval from Council. However, new development must comply with the requirements of the Planning Scheme and Development Control Plans. The subject land is contained within Precinct 3 of DCP2 stipulating a maximum site coverage of 35% for three storey buildings. The proposal has been assessed against the requirements of the Planning Scheme to ensure the development complies with all other performance standards and requirements. The results are shown in the table below.

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Planning Scheme Requirement Proposal Compliance Frontage not less than 15m Approx. 80m to Grafton Street &

20m to Gatton Street Complies

Maximum site population density of 800 persons per hectare

325 persons per hectare Complies

Minimum site area of 1,000m2 2,842m2 Complies Car parking spaces (1.25 space per accommodation unit) – 34 spaces required

35 spaces provided Complies

Communal Landscaped Open Space – (with 40% of the requirement contained in one area) – 1,040m2 required with 416m2 within one area

1,060m2 with 666.5m2 in one area

Complies

Setbacks from: Main Street frontage – 6metres Secondary Street frontage – 3 metres

5 metres from Grafton Street 3 metres from Gatton Street

Does not comply, refer to comment below

Maximum site coverage of 35% 40.5% Does not comply, refer to comment below.

Plot ratio –1.75 : 1 1.3 : 1 Complies Maximum height of 18m 9 metres Complies

The request is considered suitable based on the following: 1. With the exception of the setback to Grafton Street and site coverage, the

proposal generally complies with all other performance standards and requirements for Accommodation Units, the increased site coverage has not resulted in the request to dispense any other requirements that are affected by site coverage, such as population density, the provision of on-site car parking spaces, or landscaped open space.

2. The provision of undercover parking on the ground floor improves the residential

amenity on site by maximising the amount of open space available to residents, as opposed to constructing freestanding garages (outbuildings), which would be to the detriment of the proposed development.

3. Landscaping will be provided throughout the development and along the Grafton

Street frontage of the site in order to soften the building and provide an attractive streetscape. The proposed reduced setback of 5 metres is not likely to impact on the amenity of the streetscape.

4. The proposed accommodation units have been well designed to incorporate patio

and balcony areas for each accommodation unit, and a large central communal open space area including a pool, and spa. The proposed development includes walkways linking the open space areas and the units.

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5. The subject site comprises six (6) allotments. Two of the allotments have frontage

to Gatton Street and the remaining four (4) allotments have frontage to Grafton Street. Given that the subject site is a corner allotment with frontage to both Grafton Street and Gatton Street, the site is not of a regular shape, and therefore was restricted in terms of the possible building footprint. The 5m setback to Grafton Street does not compromise the internal configuration of the units in addition to providing a suitable setback to Grafton Street capable of containing dense landscaping.

6. The proposed development is consistent with the character and development of

the surrounding area. 7. Council has previously supported site coverage and setback relaxations for other

accommodation units within the Cairns City area having regard to the above grounds.

Given the location of the proposed development, the building form to be erected, and the nature of the surrounding uses, the proposal is considered to be reasonable and there is no planning objection to the proposal. Kym Watton Planning Officer Action Officer P M TABULO General Manager City Development

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Appendix 1

68


69


70


71


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15 APRIL 2004

10

DISPENSATION OF A PLANNING SCHEME PROVISION – SETBACK PROVISION – 209-211 SHERIDAN STREET, CAIRNS NORTH – DIVISION 6 Kym Watton: 8/20/1-89 : #770745

PROPOSAL: DISPENSATION OF A PLANNING SCHEME

PROVISION APPLICANT: JOHN DUNWORTH DESIGN AND DRAFTING 7 TOLSON CLOSE BRINSMEAD QLD 4870 LOCATION: 209-211 SHERIDAN STREET, CAIRNS NORTH PROPERTY: LOT 1 ON RP730686, PARISH OF CAIRNS ZONE: MEDIUM DENSITY RESIDENTIAL STRATEGIC PLAN: HIGH DENSITY RESIDENTIAL DCP: DCP 1 – RESIDENTIAL DENSITIES – 800 PPH

DCP 2 – HEIGHT AND IMPACT OF BUILDINGS – PRECINCT 3


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LOCALITY PLAN

RECOMMENDATION:

That Council grant a dispensation of the front boundary setback requirements for land situated at 209 Sheridan Street, described as Lot 1 on RP730686 in accordance with the Proposed Ground Floor Plan, Plan Number WD01 Rev A prepared by John Dunworth Design and Drafting submitted on 19 February 2004. EXECUTIVE SUMMARY: Council is in receipt of a request to reduce the front boundary setback requirements from six metres to four metres to enable the renovations of an existing Motel at 209-211 Sheridan Street, Cairns North. The request for relaxation is considered acceptable and approval is recommended.

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TOWN PLANNING CONSIDERATIONS: Proposal Council is in receipt of a request to reduce the front boundary setback requirements from six metres to four metres to enable the renovations of an existing Motel at 209-211 Sheridan Street, Cairns North. The site is currently improved by a Motel and Restaurant. The Motel (A1 Motel) and Restaurant are existing lawful uses that were granted consent and constructed in the early 1970’s. The proposed development is simply to renovate and refurbish an existing Motel and Restaurant. The renovations will not intensify the use, as no additional units are proposed for the Motel and there will be no change to the site coverage of the building. The renovations will result in the relocation of the existing pool pump, the new pool pump house is proposed to be located approximately 4 metres from the Sheridan Street frontage and consequently a relaxation is required. The proposed pool pump house is a small 4m2 structure that will house the pool pump, and will be located between the pool and the drive through area to Reception. The extent of the dispensation required is minimal and the request for relaxation is considered acceptable. Kym Watton Planning Officer P M Tabulo General Manager City Development

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APPENDIX 1

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15 APRIL 2004

11

REQUEST FOR DISPENSATION OF PLANNING SCHEME PROVISION – THE GOOD SHEPHERD ANGLIGAN CHURCH, 115-117 COLLINS AVENUE, EDGE HILL – DIVISION 8 Neil Beck: 8/20/1-89 : #769764

PROPOSAL: REQUEST FOR DISPENSATION OF PLANNING

SCHEME PROVISION APPLICANT: THE GOOD SHEPHERD ANGLICAN PARISH C/- JB DESIGN (CAIRNS) PTY LTD PO BOX 1744 CAIRNS QLD 4870 LOCATION: 115-117 COLLINS AVENUE, EDGE HILL PROPERTY: LOT 1 ON RP860927, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL DCP: DCP 1 D 400 PER/HA DCP 2 PRECINCT 5 REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: NONE APPLICABLE DIVISION: 8 APPENDIX: 1. EXISTING SITE LAYOUT PLAN 2. PROPOSED SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council resolve under section 4.3.3(l) of the Planning Scheme for Part

of the City of Cairns that the proposed extensions to the Good Shepherd Anglican Church, located at 115-117 Collins Avenue, Edge Hill as shown on Drawing No. D02 dated March 2004 attached as Appendix 2 do not result in an increased demand in car parking spaces.

B. That Council, in accordance with the Standard Building Regulation (1993)

permit the siting of the Church as detailed on the Drawing No. D02 dated March 2004 attached as Appendix 2, located at 115-117 Collins Avenue, Edge Hill.

EXECUTIVE SUMMARY: Council is in receipt of a request to confirm that the proposed extensions to the Good Shepherd Anglican Church at 114-117 Collins Avenue, Edge Hill do not result in an increased demand for on-site car parking spaces. The proposed development will result in the existing verandahs being enclosed and new verandahs being constructed.

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The current situation is reportedly so cramped that worshipers find it easier to leave the building and travel along the verandahs and re-enter when coming forward to take communion. The applicant has stated that the current conditions in the church are quite cramped and that the extensions are not likely to attract new worshippers. However they will make the conditions more comfortable. The applicant has stated that the proposed extensions to the building will follow the existing architectural characteristics of the church, therefore reducing impacts that may be experienced with regard to the visual amenity. No concern is raised by Council Officers with regard to the applicant’s request. Recommendation A has been worded accordingly. In addition to the above, the proposed extensions to the Church intrude into the required building setback. The reduced building setback occurs at the Collins Avenue end of the Church on the Mayers Street frontage. The reduced setback occurs for approximately four (4) metres and will contain an open balcony. The reduced setback is considered minor and is not considered at Officer level to result in any adverse impacts. The reduced setback is considered acceptable given the use of the site and the built form proposed. Recommendation B Neil Beck Team Leader City Assessment Action Officer P M Tabulo General Manager City Development

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APPENDIX 1

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81


APPENDIX 2

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15 APRIL 2004

12

REQUEST TO CHANGE DEVELOPMENT APPROVAL AND CHANGE CONDITIONS OF DEVELOPMENT APPROVAL – CAPTAIN COOK HIGHWAY, PALM COVE. DIVISION 11 Nikki Huddy: 8/13/592-01 : #766664

PROPOSAL: REQUEST TO CHANGE DEVELOPMENT

APPROVAL AND CHANGE CONDITIONS OF DEVELOPMENT APPROVAL (1 LOT INTO 27 RESIDENTIAL LOTS AND 2 BALANCE LOTS)

APPLICANT: BERNARD GRAF BOX 76 PALM COVE QLD 4879 LOCATION: CAPTAIN COOK HIGHWAY, PALM COVE PROPERTY: PART OF LOTS 1 & 2 ON SP115207, PARISH

OF SMITHFIELD ZONE: SPECIAL FACILITIES STRATEGIC PLAN: PART URBAN & PART RURAL CONSTRAINED DCP: HILLSLOPES DCP – CATEGORY A & B REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE DIVISION: 11 APPENDIX: 1. APPROVED SITE LAYOUT PLAN 2. AMENDED SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the request to change Development Approval and change conditions of Development Approval being Development Permit 8/13/592 over land described as part of Lots 1 & 2 on SP115207, Parish of Smithfield, located at the Bokissa Road and Captain Cook Highway Palm Cove, subject to the following: 1. Condition 1 be amended as follows:

1. The proposed layout plan in respect of proposed Lots 1 to 26 27 inclusive prepared by Brazier Motti and described as drawing no. 10900 – SK1 Amendment F dated 12/3/04 as submitted with the application received by Council on 17 April, 2003 is approved subject to any alterations:-

a. Found necessary by the Council at the time of examination of the

Engineering Plans or during the construction of the development because of particular engineering requirements;

b. To ensure that the development complies in all respects with the

requirements of Council's Planning Scheme, Development Manual and good engineering practice; and

Wild World

Bokissa Road

Island View Estate

Subject Land

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c. To ensure compliance with the following conditions of approval. Except where modified by these conditions of approval. 2. Condition 13 be amended as follows:

Street Layout and Design 13. Provision is to be made for a future road link to the adjoining

development located to the north of the subject site to the satisfaction of the Chief Executive Officer, in particular: a. The Road Reserve for Road C is to extend through to the northern

boundary of the subject site (Lot 900 must be removed).

b. The sealed formation of Road C is to extend sufficient distance along the frontage of Lot 27 Lot 28 to accommodate a future 6.0m wide driveway constructed perpendicular to Road C (Nominally 8.0m from the northern boundary of the subject site).

c. The alignment and grade of the road shall be constructed to

enable the future link to match neatly the proposed alignment and grade of the link road stub to be constructed by the adjoining development. If the alignment and grade of the road stub is not known at the time of construction, the alignment is to be located centrally in the road reserve such that it is crosses the common boundary at an angle, which is perpendicular to the common boundary.

d. The design of the ultimate road through to the common boundary

is to be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

e. The end of the sealed formation of Road C to the northern

boundary of the subject site must be landscaped, to the satisfaction of the Chief Executive Officer as an interim measure. Landscaping works must include the construction of a shared pedestrian / bicycle pathway through to the northern boundary of the subject site and traffic bollards erected to restrict vehicle access.

f. Road A and Road B Road C including the intersection of these

streets must be designed as an Access Street having a minimum road reserve width of 14 metres in accordance with the requirements of Council’s Development Manual.

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g. Road B Road C must have the same street name as the adjoining street to the north.

Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to issue of a Development Permit for Operational Works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to approval and dating the Plan of Survey.

3. Condition 14 be amended as follows:

Miscellaneous 14. The road link (being that 2m wide strip dedicated as drainage reserve)

between the subject land (Graf) and the adjoining allotment to the north (Stockland) shall be constructed at Council’s expense: a. On or after approval and dating of the survey plan for eighty (80)

percent of the lots for the combined number of lots of the two residential estates (being Stockland and Graf); or

b. When Department of Main Roads action necessitates; or c. Within the Capital Works Program of 2006-2007

whichever is the sooner. 4. Condition 17 be added as follows: 17. Compliance with the Deed of Agreement between Stockland,

Department of Main Roads, Graf and Council. 5. In all other regards, the Assessment Manager and Concurrence Agency

conditions and advice contained in Development Permit 8/13/592 decided by Council at the Ordinary Meeting of 29 May 2003 remain unchanged.

EXECUTIVE SUMMARY: At the Ordinary Meeting of 29 May 2003 Council approved a Reconfiguration Application for a Development Permit for 27 residential allotments (with an additional 2 balance allotments). The development application relates to land located on the corner of the Bokissa Road and the Captain Cook Highway, Palm Cove. This request to amend conditions represents the culmination of recent court appeals and lengthy negotiations between the applicant, Stockland Pty Ltd as the adjoining landowner to the north, the Department of Main Roads and Council. Approval of the request is generally supported, as discussed below.

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TOWN PLANNING CONSIDERATIONS: Proposal The overall development is for 29 lots (2 large balance lots and 27 residential lots) and the approved layout plan provided for the construction of a link road to the northern allotment, Island View Estate, being constructed by Stockland. All of the allotments had areas of 800m2 or greater allowing the allotments to be developed for higher density residential in accordance with the Special Facilities zoning of the land. The approved proposal plan is attached at Appendix 2. The request seeks to amend the layout to include: A 2 metre wide drainage reserve along the northern boundary of the property in

accordance with the Court Order of 11 March 2004; Relocate the link road from the western or elevated side of the site to the eastern

side of the site, closer to the Highway; Reduce the number of residential allotments from 27 to 26 (the 2 large balance

parcels remain); Reduce the allotment size of 2 lots to below 800m2. This is necessitated by the

dedication of the drainage reserve and by the amendment to road widths. The proposed amendment, applicant’s comments and officer comments are provided below. Condition 1 currently states: 1. The proposed layout plan in respect of proposed Lots 1 to 27 inclusive prepared

by Brazier Motti as submitted with the application received by Council on 17 April, 2003 is approved subject to any alterations:-





c. To ensure compliance with the following conditions of approval. Except where modified by these conditions of approval.

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Applicant’s Comments Condition 1 should be amended to reflect the new plan no. 10900 – SK1 Amendment F dated 12/3/04 by Brazier and Motti. Officer’s Comments This amendment requires Council to approve the amended lot sizes and the amended access point. There is no objection in principle to the proposed changes to the location of the link road, and it is understood that the matter has been agreed to by Stockland, who own the adjoining land to the north. Consideration is required to be given to the implications for the minimum lot size, and the applicants intention to construct Dual Occupancies on each allotment. The two allotments of concern are proposed Lot 8 and Lot 20. Lot 8 now has an area of 728m2 (73m2 has been dedicated as drainage easement). Lot 20 now has an area of 716m2 (84m2 has been dedicated as drainage easement). Accordingly, there is no planning objection to this amendment. It is a logical extension of the negotiated settlement agreed to by all parties. Condition 13 currently states: 13. Provision is to be made for a future road link to the adjoining development located

to the north of the subject site to the satisfaction of the Chief Executive Officer, in particular:

a. The Road Reserve for Road C is to extend through to the northern boundary

of the subject site (Lot 900 must be removed). b. The sealed formation of Road C is to extend sufficient distance along the

frontage of Lot 28 to accommodate a future 6.0m wide driveway constructed perpendicular to Road C (Nominally 8.0m from the northern boundary of the subject site).

c. The alignment and grade of the road shall be constructed to enable the future link to match neatly the proposed alignment and grade of the link road stub to be constructed by the adjoining development. If the alignment and grade of the road stub is not known at the time of construction, the alignment is to be located centrally in the road reserve such that it is crosses the common boundary at an angle, which is perpendicular to the common boundary.

d. The design of the ultimate road through to the common boundary is to be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

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e. The end of the sealed formation of Road C to the northern boundary of the subject site must be landscaped, to the satisfaction of the Chief Executive Officer as an interim measure. Landscaping works must include the construction of a shared pedestrian / bicycle pathway through to the northern boundary of the subject site and traffic bollards erected to restrict vehicle access.

f. Road A and Road C including the intersection of these streets must be designed as an Access Street having a minimum road reserve width of 14 metres in accordance with the requirements of Council’s Development Manual.

g. Road C must have the same street name as the adjoining street to the north. Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to issue of a Development Permit for Operational Works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to approval and dating the Plan of Survey.

Applicant’s Comment Items a), b) and e) are now irrelevant and should be deleted. Item f) should be amended to delete the reference to Road C and replaced by Road B which is now the link road. Item g) should be amended to delete the reference to Road C and replaced by Road B. Officer’s Comment Item a) can be deleted, while Item b) has been amended to ensure that the intent of the condition remains. Item e) can be deleted. Item f) can be amended to delete the reference to Road C and replace it by Road B which is now the link road. Item g) can be amended as proposed to refer to road B. Condition 14 currently states: 14. The road link between the subject land (Graf) and the adjoining allotment to the

north (Stockland) shall be constructed at Council’s expense:

a. On or after approval and dating of the survey plan for eighty (80) percent of the lots for the combined number of lots of the two residential estates (being Stockland and Graf); or

b. When Department of Main Roads action necessitates; or c. Within the Capital Works Program of 2006-2007

whichever is the sooner.

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Officer’s Comment This condition should be clarified, so that there is no uncertainty as to how much of the road Council will construct. In particular, the words …(being that 2m wide strip dedicated as drainage reserve) should be added, in the first line after ‘The road link ...’. The condition has been amended accordingly within the Recommendation. Department of Main Roads Conditions The Department of Main Roads have been advised of the proposed changes, and the Department has advised that the proposal is satisfactory and that there is no need to change any of the Department of Main Roads conditions. Nikki Huddy Manager City Assessment Peter Tabulo General Manager City Development

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APPENDIX 1 – APPROVED SITE LAYOUT PLAN

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APPENDIX 2 – AMENDED SITE LAYOUT PLAN

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15 APRIL 2004

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NEGOTIATED DECISION NOTICE - RECONFIGURING A LOT (1 LOT INTO TWO LOTS) – 430 MAYERS STREET, EDGE HILL – DIVISION 8 Peter Boyd: 8/13/663-01 : #770753

PROPOSAL: RECONFIGURING A LOT – 1 LOT INTO TWO

LOTS APPLICANT: SEIKO SUGA C/- JOHN MAC ISAAC & ASSOCIATES P O BOX 5174 CAIRNS Q 4870 LOCATION: 430 MAYERS STREET, EDGE HILL PROPERTY: LOT 2 ON RP724962, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: DCP1 – RESIDENTIAL DENSITIES –

60PP/HA DCP4 – HILLSLOPES RESIDENTIAL 1 REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: EXPIRED DIVISION: 8 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council resolve to issue a Negotiated Decision with respect to

Development Application 8/13/663 for land located at 430 Mayers Street, Edge Hill and described as Lot 2 on RP724962, Parish of Cairns,, for Reconfiguring a Lot (1 lot into 2 lots), subject to the following: -

1. Condition 10 remain unchanged:

The applicant/owner must at its own cost undertake the following works external to the subject land:

a. Provision of a crossover in accordance with Council Standard

Drawing S1105.

Three (3) copies of a plan of the works must be submitted and endorsed by the Chief Executive Officer prior to the approval and dating of the Plan of Survey. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the issue of a approval and dating the Plan of Survey.

2. Condition 11 be amended to read as follows:

a. The upper slope near the crest of the driveway and the lower

slope near the toe of the slope be trimmed to approximately 1V:2H.

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b. All pole footings for the residence be formed into weathered rock.

Three (3) copies of a plan of the works must be submitted and

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. Such work is to be undertaken to the satisfaction of the Chief Executive Officer prior to the approval and dating the Plan of Survey in conjunction with the site preparation works for building.

3. Condition 12 be amended to read as follows: a. Provision of concrete lined cut off drains to intercept runoff on

the uphill side of the existing building. b. Provision of a concrete lined cut off drain at the crest of the

slope in Lot 2 following reprofiling. c. Revegetation of all trimmed slopes by hydromulching or similar

methods. Three (3) copies of a plan of the works must be submitted and

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. Such work is to be undertaken to the satisfaction of the Chief Executive Officer prior to the approval and dating the Plan of Survey in conjunction with the site preparation works for building.

3. Condition 14 be amended to read as follows: Should any future dwelling to be constructed on proposed Lot 2 be

accessed from Mayers Street, the applicant/owner must construct a 2.5 metre concrete driveway to the battleaxe Lot (proposed Lot 2) extending the full length of the access leg of the allotment and such driveway shall commence at the edge of the crossover. The construction of the concrete driveway shall be in accordance with Council Standard Drawing S1110.

Three (3) copies of a plan of the works must be submitted and

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. Such work is to be undertaken to the satisfaction of the Chief Executive Officer prior to the approval and dating the Plan of Survey issue of a Development Permit for Building Works.

4. In all other regards, the conditions and advice contained in

Development Permit 8/13/663 decided by Council on 13 November 2003 remain unchanged.

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B. That Council place a rates note proposed Lot 2 reflecting the conditions of approval, to ensure that any future purchaser is aware of the required works.

EXECUTIVE SUMMARY: Council resolved to approve a Reconfiguring a Lot (1 lot into 2 lots) application, subject to conditions for the site at its meeting on 13 November 2003. The applicant has requested Council reconsider Conditions 10, 11, 12 and 14, which relate to the requirement for a concrete crossover, site stability, drainage and erosion and access respectively. The timing of the conditions is the main issue of contention and the applicant’s request is generally considered acceptable. TOWN PLANNING CONSIDERATIONS: The following section outlines the condition for which the Negotiated Decision is sought, along with the applicant’s comments and relevant officer comments. Condition 10 Condition 10 of the Development Permit currently reads: -

The applicant/owner must at its own cost undertake the following works external to the subject land: a. Provision of a crossover in accordance with Council Standard Drawing

S1105. Three (3) copies of a plan of the works must be submitted and endorsed by the Chief Executive Officer prior to the approval and dating of the Plan of Survey. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the signing and dating the Plan of Survey.

Applicant’s Comments There is no intention on building a dwelling that is accessed via Mayers Street. Should this condition not be deleted, it should be retimed to coincide with the issue of a Building Permit. Officer’s Comments The existing condition is necessary as there is currently no constructed access to the site from either Mayers Street or the unnamed street to the north of the site. The applicant’s request is not considered reasonable, as Council must ensure that there is a constructed access to allotments.

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The re-timing of the condition to coincide with the issue of a Development Permit for Building Work is not considered suitable, as there is no trigger for Council to ensure that the access is constructed and if the allotment is sold, there may be an expectation for Council to construct the crossover. Condition 11 Condition 11 of the Development Permit currently reads: -

a. The upper slope near the crest of the driveway and the lower slope near the toe of the slope be trimmed to approximately 1V:2H.

b. All pole footings for the residence be formed into weathered rock. Such work is to be undertaken to the satisfaction of the Chief Executive Officer prior to the approval and dating the Plan of Survey.

Applicant’s Comments Part A of the condition should either be deleted, or retimed to follow the endorsement of the plan of survey. Part B of the condition should be retimed to follow the endorsement of the plan of survey. The works required can be undertaken in during the construction of the dwelling. Officer’s Comments The request is supported and Condition 11 has been amended to reflect the applicant’s concerns. A further clause, being Recommendation B has been added to ensure that Council is aware of the proposed building work. This clause requires Council to endorse plans of the works prior to the issue of a Development Permit for Building Work. Condition 12 Condition 12 of the Development Permit currently reads: -

a. Provision of concrete lined cut off drains to intercept runoff on the uphill side of the existing building.

b. Provision of a concrete lined cut off drain at the crest of the slope in Lot 2

following reprofiling. c. Revegetation of all trimmed slopes by hydromulching or similar methods. Such work is to be undertaken to the satisfaction of the Chief Executive Officer prior to the approval and dating the Plan of Survey.

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Applicant’s Comments Part A of the condition should be deleted and parts B and C should be retimed to follow the endorsement of the Plan of Survey. Officer’s Comments The request is supported and Condition 12 has been amended to reflect the applicant’s concerns. This is considered suitable in this instance as these works are directly related to the design of dwelling that is to be constructed. A further clause, being Recommendation B has been included to ensure that Council is aware of the proposed building work. This clause requires Council to endorse plans of the works prior to the issue of a Development Permit for Building Work. Condition 14 Condition 14 of the Development Permit currently reads: -

The applicant/owner must construct a 2.5 metre concrete driveway to the battleaxe Lot (proposed Lot 2) extending the full length of the access leg of the allotment and such driveway shall commence at the edge of the crossover. The construction of the concrete driveway shall be in accordance with Council Standard Drawing S1110. Such work is to be undertaken to the satisfaction of the Chief Executive Officer prior to the approval and dating the Plan of Survey.

Applicant’s Comments The provision of a second access off Mayers Street is unwarented and superfluous and amounts to an unnecessary expense. This access will be used as a service delivery corridor for water supply, sewerage and stormwater discharge. Officer’s Comments The existing condition is both reasonable and relevant. Due to the applicant’s intention at this stage to use this access solely for service delivery and not for vehicular access, the timing of the condition has been amended to reflect the timing of a Development Permit for Building Works. This will ensure that the driveway is constructed should a dwelling be constructed that requires access from Mayers Street. This will ensure that both the applicant’s wishes and Council’s interests are satisfied. Peter Boyd Planning Officer Action Officer P M Tabulo General Manager City Development

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Appendix 1

Proposed Lot

Existing Dwelling

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15 APRIL 2004

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NEGOTIATED DECISION - RECONFIGURING A LOT (1 LOT INTO 3 LOTS) 64-70 SUPPLY ROAD, BENTLEY PARK – DIVISION 3 Neil Beck: 8/13/723-01:#767931

PROPOSAL: NEGOTIATED DECISION FOR RECONFIGURING A LOT (1 LOT INTO 3 LOTS) APPLICANT: WELLGALL HOLDINGS PTY LTD C/- C & B GROUP PTY LTD P O BOX 1949 CAIRNS Q 4870 LOCATION: 64-70 SUPPLY ROAD, BENTLEY PARK PROPERTY: LOT 41 ON RP899535, PARISH OF GRAFTON ZONE: TRADES & SERVICES STRATEGIC PLAN: URBAN DCP: NONE APPLICABLE REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT NOT APPLICABLE DEADLINE: DIVISION: 3 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council resolve to issue a Negotiated Decision with respect to Development Application 8/13/723 for land located at 64–70 Supply Road, Edmonton and described as Lot 41 on RP899535, Parish of Grafton for Reconfiguring a Lot (1 lot into 3 lots), subject to the following: - 1. Condition 7a and 7b is deleted. 2. All other conditions of Development Permit 8/13/723 dated 1 March 2004

remain unchanged. EXECUTIVE SUMMARY: Council resolved to approve the application to reconfigure land described as Lot 41 on RP899535, Parish of Cairns, located at 64 – 70 Supply Road, Edmonton into three (3) industrial lots. A copy of the approved plan is attached at Appendix 1. The applicant has requested Council delete the requirement to construct an access into each of the allotments and delete the requirement for a footpath. The request is supported in part and the recommendation has been worded accordingly.

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TOWN PLANNING CONSIDERATIONS: The following section outlines the condition for which the Negotiated Decision is sought, along with the applicant’s comments and relevant officer comments. Condition 7a & 7b currently states:- The applicant/owner must at its own cost undertake the following works external

to the subject land:

a. Construct a 2.0 metre wide concrete footpath to the frontage of Supply Road;

b. Provision of a concrete crossover(s) and apron(s). Applicant’s Comments The applicant has requested that both conditions be deleted as the footpath is not located in front of other properties within Supply Road and the provision of crossovers will restrict the future development on the allotments and such works can be undertaken at the time of building works. Officer’s Comment The requirement for the footpath was an oversight when preparing the conditions of approval and accordingly the requirement can be removed. The condition requiring the provision of crossovers is a general requirement for the reconfiguration of land, however upon further consideration it is agreed that the location of the crossover can be determined at the time of building works. The condition has been amended accordingly. Neil Beck Team Leader Peter Tabulo General Manager City Development

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Appendix 1

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15 APRIL 2004

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NEGOTIATED DECISION FOR RECONFIGURING A LOT (1 LOT INTO 6 LOTS) 23-33 UPOLO ESPLANADE, CLIFTON BEACH – DIVISION 11 Neil Beck: 8/13/711-01 : #764804

PROPOSAL: NEGOTIATED DECISION FOR RECONFIGURING A LOT (1 LOT INTO 6 LOTS) APPLICANT: UPOLO DEVELOPMENT CORPORATION PTY

LTD C/- FLANAGAN CONSULTING GROUP P O BOX 5820 CAIRNS Q 4870 LOCATION: 23-33 UPOLO ESPLANADE, CLIFTON BEACH PROPERTY: LOT 1 ON SP139710, PARISH OF SMITHFIELD ZONE: RESIDENTIAL 1 STRATEGIC PLAN: URBAN DCP: HILLSLOPES CATEGORY A REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE DIVISION: 11 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION: That Council resolve to issue a Negotiated Decision with respect to Development Application 8/13/711 for land located at 23 – 33 Upolu Esplanade and described as Lot 1 on SP139710, Parish of Smithfield for Reconfiguring a Lot (1 lot into 6 lots), subject to the following: - 1. Condition 3 be amended to read as follows:-

The applicant/owner must contribute in accordance with Council's policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $17,964.91 $9,391.26 (4.7 EDC’s) for water and $17,911.33 $10,125.31 (5 EDC’s) for sewer.

Payment is required prior to approval and dating of the Plan of Survey.

2. Condition 7 be deleted. 3. All other conditions of Development Permit 8/13/711 dated 1 March 2004

remain unchanged.

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EXECUTIVE SUMMARY: Council resolved to approve an application to reconfigure the subject land into to six (6) residential lots subject to conditions at its meeting held on 26 February, 2004. A copy of the approved plan is attached at Appendix 1. The applicant has requested Council reconsider Conditions 3 & 7 of the Development Permit which relate to water supply and sewerage headwork contributions and drainage works respectively. The applicants comments are agreed with and amendments to the conditions is recommended. TOWN PLANNING CONSIDERATIONS: The following section outlines the condition for which the Negotiated Decision is sought, along with the applicant’s comments and relevant officer comments. Condition 3 currently states:- The applicant/owner must contribute in accordance with Council's policy provided

for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $17,964.91 (4.7 EDC’s) for water and $17,911.33 (5 EDC’s) for sewer.

Payment is required prior to approval and dating of the Plan of Survey.

Applicant’s Comments The applicant has advised that the pre 1985 headwork contribution rates should apply as the subject land was zoned residential prior to 1985. Officer’s Comment This has been confirmed and the headwork contributions have been adjusted accordingly. Condition 7 currently states:-

The applicant/owner must upgrade the existing 3 x 1800mm diameter culverts in Upolu Esplanade by 2 cells to a 5 x 1800mm culverts in accordance with the Deadmans Gully DMP. Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

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All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the prior to the approval and dating of the Plan of Survey.

Applicant’s Comments The applicant has stated that the requirement to upgrade the culvert is not a reasonable condition as the proposed development only represents a very small portion of the catchment and does not significantly contribute to the drainage path to warrant such a condition. The applicant has requested that this condition be deleted. Officer’s Comment Upon further consideration, it is recommended that Condition 7 be deleted for the reasons outlined by the applicant. The mitigation works contained within the DMP will be undertaken by Council at the time of receiving sufficient contributions in accordance with the Deadman’s Gully DMP or when the cost of those works are included within the capital works budget. The applicant is still required to contribute in accordance with the Deadman’s Gully DMP. Neil Beck Team Leader Peter Tabulo General Manager City Development

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Appendix 1

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15 APRIL 2004

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NEGOTIATED DECISION - MATERIAL CHANGE OF USE - (IMPACT ASSESSMENT) – ACCOMMODATION UNITS (MEDIUM DENSITY) – 19-23 MINNIE STREET, PARRAMATTA PARK – DIVISION 6 Neil Beck: 8/8/540-01 : #770978

PROPOSAL: NEGOTIATED DECISION FOR ACCOMMODATION UNITS (MEDIUM DENSITY) APPLICANT: VYHCAN PTY LTD C/- PLANNING FAR NORTH PTY LTD P O BOX 7801 CAIRNS Q 4870 LOCATION: 19-23 MINNIE STREET, PARRAMATTA PARK PROPERTY: LOT 46 ON RP 804085, PARISH OF CAIRNS ZONE: COMMERCIAL STRATEGIC PLAN: MIXED USE AREA 6 DCP: DCP1 – RESIDENTIAL DENSITIES – 400 PPHA DCP2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 5 – 10M HEIGHT LIMIT REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: NOT APPLICABLE DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council resolve to issue a Negotiated Decision with respect to Development Application 8/8/540 for land described as Lot 46 on RP804085, Parish of Cairns to facilitate the construction of Accommodation Units (Medium Density) consisting of 15 x 2 bedroom units located at 19-23 Minnie Street, Parramatta Park subject to the following:- 1. Condition 19 be amended to read as follows:-

A masonry block screen fence, 1.8m in height, is to be constructed from the edge of the easement adjacent to car parking space 4 along the property boundary to the south corner of Unit 1. as shown on Plan SK01.

2. All other conditions of Development Permit 8/8/540 dated 18 March 2004

remain unchanged. EXECUTIVE SUMMARY: Council resolved to approve the application for the construction of the Accommodation Units at its meeting held on 11 March, 2004 subject to conditions. A copy of the approved plan is attached at Appendix 1. The applicant has requested Council delete the requirement to provide a masonary block fence along part of the boundary of the allotment. The request is supported and approval is recommended.

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TOWN PLANNING CONSIDERATIONS: The following section outlines the condition for which the Negotiated Decision is sought, along with the applicant’s comments and relevant officer comments. Condition 19 currently states:-

A masonry block fence, 1.8m in height, is to be constructed from the edge of the easement adjacent to car parking space 4 along the property boundary to the south corner of Unit 1, as shown on Plan SK01.

Applicant’s Comments The applicant has requested that the condition be removed on the basis that it is not practical to construct the fence in masonary block and the requirement has never been applied to similar recent applications in the same zoning. Officer’s Comment Despite the architectural plans for the Accommodation Units nominating a masonary block fence and the supporting planning report referring to the provision of a masonary block fence along part of the boundary, the applicant now wishes not to construct the fence. No concern is raised with regard to the request. Neil Beck Team Leader Peter Tabulo General Manager City Development

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Appendix 1

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114


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15 APRIL 2004

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MATERIAL CHANGE OF USE (CODE ASSESSMENT) – REDLYNCH CENTRAL SHOPPING CENTRE – 20 LARSEN ROAD, REDLYNCH – DIVISION 12 Jenny Elphinstone: 8/7/130-01 : #763418

PROPOSAL: SHOPPING CENTRE APPLICANT: REDLYNCH SHOPPING CENTRE (FRANKLYN HARVESTING PTY LTD JORED

HOLDINGS PTY LTD AND C20 PTY LTD) C/- PLANNING FAR NORTH PTY LTD P O BOX 7801 CAIRNS Q 4870 LOCATION: LARSEN ROAD, REDLYNCH PROPERTY: LOT 20 ON SP161405, PARISH OF CAIRNS ZONE: RESIDENTIAL 2 STRATEGIC PLAN: URBAN DCP: HILLSLOPES CATEGORY A REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 12 MAY 2004 DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN 2. PLAN OF DEVELOPMENT AS

PREVIOUSLY APPROVED UNDER THE COURT CONSENT ORDER FOR THE PRELIMINARY APPROVAL

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LOCALITY PLAN

RECOMMENDATION:

A. That Council approve under Section 1.3.3[e] of Part D of the Planning

Scheme for the Balance of the City of Cairns for the development of a Shopping Centre on land at Larsen and Redlynch Connector Roads, on Lot 20 on SP161405, a reduction (of two spaces) in the number of car parking spaces provided on the site so as to enable pedestrian linkages from the Shopping Centre entrances to the adjacent road network and pedestrian footpaths.

B. That Council issue a Preliminary Approval for a Material Change of Use

(Code Assessment) for a Shopping Centre at Larsen and Redlynch Connector Roads, Redlynch, on Lot 20 on SP161406 subject to the following conditions:

Assessment Manager Conditions 1. The applicant/owner must at all times during the development of the

subject land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

a. The approved plans attached;

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b. The plans, specifications, facts and circumstances as set out in

the application submitted to Council; and c. To ensure that the development complies in all respects with the

requirements of Council's Planning Scheme, Development Manual and good engineering practice.

Except where modified by these conditions of approval. Timing of Effect 2. The conditions of the Development Permit must be effected prior

commencement of the use, except where specified otherwise in these conditions of approval.

3. Any retail development on the subject land is limited to a maximum

gross floor area of 6,000m2 and must be developed in the following Stages based on constructed dwellings within the ‘Primary’ catchment area as defined as Census Collector Districts 3011901, 3011910, 3011912 and 302113:-

Stage of Development Gross Floor Area of Shopping

No. Dwellings

Stage 1 2,500m2 1,250 Stage 2 3,800m2 1,900 Stage 3 4,900m2 2,450 Stage 4 6,000m2 3,000

Consideration of the suitable commencement of Stages 2-4 inclusive

may also have regard to up to 33% of constructed dwellings in the ‘Secondary’ catchment areas as defined as Census Collector Districts 3011908, 3011909, 3011906 and 3011911.

General External Works 4. The applicant/owner must at its own cost undertake the following

works external to the subject land:

a. A 2.0 metre wide concrete footpath to the Larsen Road and Redlynch Connector Road to the entire length of the street frontage, including the integration of the pathway with the existing off-road bicycle pathway;

b. A pedestrian ramp and access footpath to the adjacent drainage

reserve west of the subject land;

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c. Arrange for the undergrounding of all electricity cables to the

subject land's frontage; and d. Construct kerb and channel to the Larsen Road and Redlynch

Connector Road, together with the roundabout on Larsen Road, as indicated on the submitted plans.

All works must be constructed in accordance with the Development

Manual. Three (3) copies of a plan of the works must be submitted to and

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of use.

Bus Parking 5. Larsen Road verge must be increased in width to accommodate area

for a bus shelter, Council and other services and suitable concrete apron for the public. All works must be designed in accordance with AS1428 (Design for access and mobility) and Council’s Development Manual, including pram ramp, access to internal Shopping Centre car park and access to Larsen Road.

Three (3) copies of a plan of the works must be submitted to and

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of use.

6. A Bus Shelter must be provided to Larsen Road to the satisfaction of

the Chief Executive Officer. The Bus Shelter must be a “Reef” Model and constructed in accordance with the Cairns City Council Drawing 20153 (available from Council’s Design Services). The Bus Shelter must be constructed to the satisfaction of the Chief Executive Officer prior to the commencement of use.

7. All Bus Parking Bay roadworks and kerb and channel must be designed

and constructed in accordance with AustRoads and Council’s Development Manual requirements. Generally the Bus Parking Bay must have a 1 in 5 taper to the entrance and exit with a 14 metre long and 3 metre wide parking zone. The bus setdown must be linemarked and signed in accordance with the Manual of Uniform Traffic Control Devices.

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Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the commencement of use.

Car Parking 8. The amount of vehicle parking provided on the site must be 358 spaces.

When calculating the number of car spaces required commensurate

with the intended use of the site, no allowance shall be made for parking within the Redlynch Connector Road Reserve.

9. The parking layout must be designed in accordance with Australian

Standard AS2890.1 1993 Parking Facilities - Off Street Car Parking except as varied with the consent of the Chief Executive Officer. In particular:

a. Bollard lighting must be provided at the property boundary to

indicate access to the parking area; b. A raised connecting pedestrian pavement be provided between the

main, north entrance to the Shopping Centre and to the pedestrian footpath on Larsen Road Reserve;

c. A raised connecting pedestrian pavement be provided between the

east side entrance to the Shopping Centre and the Redlynch Connector Road Reserve;

d. The raised pedestrian pavement connection between the main,

north entrance of the Shopping Centre and the Larsen Road reserve must be fully covered;

e. A raised connecting pedestrian pavement be provided between the

main, north entrance of the Shopping Centre and the neighbouring pedestrian pathway to the west, that is the neighbouring pedestrian pathway of the proposed residential area;

f. Where the vehicle isles cross the raised pedestrian connecting

pavements, the pedestrian pavement must be linemarked to indicate that pedestrians have priority over vehicle movements;

g. The replacement of pedestrian paving adjacent to the main vehicle

traffic lanes leading from Larsen Road to the main, north entrance of the Shopping Centre, with landscaping; and

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h. Access between the central pathway and the adjacent disabled driver and ‘parents with prams’ car spaces should be graded, and not stepped, to enable access.

Such plans must be submitted to and be endorsed by the Chief

Executive Officer prior to the issue of a Development Permit for Building Work.

10. Internal works including the provision of pedestrian crossings, signage,

pathways and ramps shall be undertaken to allow access from the Shopping Centre access to the Bus Shelter in the most direct route available to the satisfaction of the Chief Executive Officer.

Parking Construction 11. The parking must be constructed in accordance with Council's

Development Manual specifications prior to commencement of the use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Bicycle Storage

12. The applicant/owner must ensure the provision of a secured, on-site

bicycle storage area for employee and shoppers in accordance with Table 10-1 of AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. This storage area shall be constructed prior to the commencement of the use to the satisfaction of the Chief Executive Officer.

Landscaping Plan 13. The applicant/owner must landscape the subject land and street

frontage in accordance with Development Manual, Part 4 - Landscaping and in accordance with the landscape plan submitted with the application and amended to show:

a. The roundabout, giving access to the site on Larsen Road, must be

landscaped and include an automatic irrigation system with backflow prevention device installed in accordance with specifications provided by Council’s irrigation maintenance officers; and

b. Provision of street trees along Redlynch Connector Road. Two (2) A1 copies and one (1) A3 copy of the amended landscape plan

must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

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14. Areas to be landscaped must be established prior to the commencement of the use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Screen Fence 15. The applicant/owner must provide screen fencing as follows:- a. To the rear boundary and to any neighbouring residential lot

provide a screen fence with a minimum height of 1.8 metres and maximum gap of 10mm;

b. To the west side boundary where the site will abut a road reserve

provide a screen fence with a minimum height of 1.8 metres and maximum gap of 10mm;

c. To the west side boundary where the site will abut a Park provide a

screen fence with a maximum height of 1.2 metres and maximum gap of 10mm and retain a 2 metre wide gap in the fence for pedestrian connecting access; and

d. To the north and east street frontages provide a screen fence with

a maximum height of 1.2 metres and maximum gap of 10mm and retain a 2 metre wide gap in the fence for pedestrian connecting accesses.

All screen fences must be designed to the satisfaction of the Chief

Executive Officer. The required fencing must be consistent in terms of design and materials with other similar fences in the locality. Details of the screen fence must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Storage of Machinery Etc 16. The storage of any machinery, material and commercial delivery

vehicles must be appropriately screened so as not to be directly visible from any road to which the subject land has frontage, to the satisfaction of the Chief Executive Officer.

Water Saving 17. All toilets in the development must be fitted with dual flush cisterns and

showers and hand basins must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute. Details of the proposed fittings must be included in any future application for a Development Permit for Plumbing Work.

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Waste 18. An area of a suitable size is top be provided at ground level, at the rear

of the Shopping Centre, to store the number of refuse bins required to service the site. This area is to comply with the Environment Protection (Interim Waste) Regulation 1996 and Council Policies and is to be designed and constructed to the satisfaction of the Chief Executive Officer. A covered pedestrian access must be provided connecting the east, side entrance of the Shopping Centre to the rear, waste storage area. The pedestrian access must be separated from vehicle traffic either raised pathway with kerbing to the vehicle traffic isles or by a maximum 1.2 metre high fence.

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

bucket trap. The waste water must be discharged through a 550 litre triple interceptor to sewer or as agreed to by the Chief Executive Officer.

Water Supply and Sewerage Works 20. The applicant/owner must carry out water supply and sewerage works

to connect the subject land to Council’s existing water supply and sewerage headworks with sufficient capacity and to a point determined by the Chief Executive Officer.

In particular, the subject land must be provided with a single internal

sewer connection in accordance with the Development Manual, including, but not limited to, Council standard drawing No.S3005.


endorsed 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 Cairns Water and the Chief Executive Officer prior to the prior to the commencement of the use.

Minimum Fill and Habitable Floor Levels 21. All habitable floor levels in all buildings must be located 150mm above

the Q100 flood immunity level, in accordance with Development Manual and Planning Scheme requirements.

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Lawful Point of Discharge 22. The applicant/owner must ensure that the flow of all external

stormwater from the property is directed to a lawful point of discharge being the nominally adjacent drainage reserve 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.

23. The drainage system from the development must incorporate an

internal stormwater quality improvement device(s), or equivalent measure(s), meeting the following Council specifications, namely:

a. An End-of line stormwater quality improvement device (SQID) of a

proprietary design and construction that shall carry manufacturer’s performance guarantees as to removal of foreign matter including rubber, greases, oils and other materials from stormwater and structural adequacy of the unit.

b. The SQID treat all first flush runoff, which shall be defined as that

volume of water equivalent to the runoff from the 3 month ARI storm event. The location of SQIDs within the drainage system shall be planned to ensure that the first flush waters from all parts of the (developed) catchment are treated.

Water Supply and Sewerage Contributions 24. The applicant/owner must contribute in accordance with Council's

policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.

The contributions must be paid at the rates applicable at the time of

payment. Payment is required prior to the issue of a Development Permit for

Building Work. Drainage Contributions 25. The applicant/owner must contribute towards the augmentation of

stormwater drainage services and associated services in accordance with Freshwater Creek Drainage Management Plan.

The contribution rate is that which is current at the time of payment. Payment is required prior to the issue of a Development Permit for

Building Work.

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Access 26. Access to the site shall be via Larsen Road to the satisfaction of the

Chief Executive Officer. No direct access between Lot 20 on SP 161406 and Redlynch Connector Road is permitted.

27. The applicant/owner must provide and maintain a suitable vehicle

barrier across the full width of Larsen Road located west of the subject land and at the western end of any Larsen Road upgrading works, to prevent vehicle access between the development and Redlynch Intake Road, until such time that the Redlynch Intake Road/Larsen Road intersection upgrading is constructed as part of the future development along Larsen Road, to the satisfaction of the Chief Executive Officer.

Intersection Upgrading Works 28. The developer/owner must upgrade the Larsen Road / Redlynch

Connector Road intersection to provide an all movements intersection (including pedestrian, cyclist, vehicular) to a Type C standard in accordance with:-

a. The Redlynch Traffic Management Plan, including the signalisation

of the intersection and the construction of three lanes of traffic along the Redlynch Connector Road, to an length of 200 metres north and south of the intersection of Larsen Road and Redlynch Connector Road, with the ability for Council or another to construct at a later time a fourth lane on the east side of Redlynch Connector Road;

b. AUSTROADS Guidelines, in particular A Guide To Traffic

Engineering Practice Part 5; for an urban Intersection At Grade and must include suitable islands within the Redlynch Connector Road;

c. The Development Manual; and d. The intersection upgrading works must include the design and

provision of street lighting in accordance with:- i. AS1158.1 and 2 and the Queensland Transport Design

Document, Manual of Street Lighting – 1994 design package; ii. Preferred luminaire shall be 250 W HPS Aeroscreen (GEC);

and iii. Where appropriate clear zone distance cannot be achieved,

“Slip Base” poles shall be provided.

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


to the requirements and satisfaction of the Chief Executive Officer prior to the prior to the commencement of the use.

29. The cost of works required under Condition 28 above, must be borne by

the developer/owner with the exception of where the works required by 28(a) differ from an intersection constructed under 28(b) and (c). That is the difference in cost in developing a four lane carriageway road (as required by the Redlynch Traffic Management Plan) and developing a two lane carriageway along the Redlynch Connector Road (as a Type C Urban intersection). The variance in costs, resulting from the additional requirement of the Redlynch Traffic Management Plan, can be credited to the developer/owner. Where credits exceed developer contributions payable for Traffic Management works, the applicant may seek a refund of credits when such funds have been collected and are available within the catchment.

Hydraulic Considerations 30. To protect the existing flood immunity of the Redlynch Connector

Road, the developer/owner must seek the approval of the Chief Executive Officer prior to any works commencing on the subject land which may result in changes to the existing water flows and/or hydraulic structures along, under or over Redlynch Connector Road Reserve.

Advertising Signage 31. Signs on the subject land must conform with Council's Local Law No.

28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

Construction Access 32. Vehicular access to the site for construction and demolition purposes

must be provided from Larsen Road only, unless authorised by the Chief Executive Officer. Construction traffic must be directed not to travel through the Redlynch township.

Construction Works 33. The applicant/owner must ensure that on completion of any on-site

construction works the subject land is maintained in a clean and tidy condition at all times to the satisfaction of the Chief Executive Officer.

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C. That Council issue a Development Permit for a Material Change of Use (Code Assessment) for a Shopping Centre (for Stages 1-3 inclusive) at Larsen and Redlynch Connector Roads, Redlynch, on Lot 20 on SP161406 subject to the following conditions:

Assessment Manager Conditions 1. All conditions of the Preliminary Approval issued by the Planning and

Environment Court for Appeal 17 of 1999 issued in Cairns on 22 February 2002 except where varied by the conditions of the Preliminary Approval, preceding this approval as issued by Council.

Timing of Effect 2. The conditions of the Development Permit and the Preliminary Approval

referred to in Condition 1 must be effected prior commencement of the use, except where specified otherwise in these conditions of approval.

3. The use of the retail floor area of the development (Stages 1-3 inclusive)

is limited to a maximum area of 4,900m2. Water Supply and Sewerage Contributions 4. The applicant/owner must contribute in accordance with Council's



payment. On the present method of calculation, the estimated total headworks contributions are $54,046.49(17.82EDCs) for water and $58,364.37(17.82EDCs) for sewerage.

Payment is required prior to the issue of a Development Permit for

Building Work. Drainage Contributions 5. The applicant/owner must contribute towards the augmentation of

stormwater drainage services and associated services in accordance with Freshwater Creek Drainage Management Plan and the Redlynch Sub-Catchment Drainage Management Plan.

The contribution rate is that which is current at the time of payment.

The current rate of contribution is $262.86 (1 lot). Payment is required prior to the issue of a Development Permit for Building Work.

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ADVICE 1. This approval, granted under the provisions of the Integrated Planning

Act 1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

2. Current requirements and estimates of development and headworks

contributions may change when elements of the Cairns City Council Priority Infrastructure Plan (PIP) are adopted.



4. Noise from either 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 1997 and Environmental Protection Regulation 1998 (Part 2A - Environment Nuisance).

5. All night lighting must be designed and constructed to the satisfaction

of the Chief Executive Officer so as to ensure that light emitted from the subject land does not, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance). The lighting must conform with the Planning Scheme, whereby vertical illumination at a distance of 1.5 metres outside the boundary of the subject land shall not exceed eight (8) lux measured at any level upwards from the ground level.

6. Note that this approval relies on information provided by the applicant,

which is accepted to be accurate and current at the time of assessment. The approval demonstrates compliance with audited aspects of the

proposal but does not warrant that an approved design complies with applicable policies, regulations and right to order the rectification of non-complying or unsafe works at the cost of the Applicant, despite its prior approval.

7. For information relating to the Integrated Planning Act 1997 log on to

www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

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EXECUTIVE SUMMARY: A Preliminary Approval was previously issued, by way of a Court Consent Order, to develop a Shopping Centre on the land. Application is now made for a Code Assessable approval in accordance with the conditions of the Court Order. It was originally intended that the construction be staged. However due to difficulty with designing and constructing in stages the applicant proposes the complex be constructed in a single stage with the floor areas for Stages 1-3 inclusive being released when constructed and Stage 4 floor area partitioned off for later release. As the application is made for Code Assessment, Council has only the ability to condition the approval. The issue of an additional Preliminary Approval provides for the total construction of the redesigned Shopping Centre. The report recommends that the development be supported subject to conditions including the upgrade of the Larsen Road and Redlynch Connector Road intersection in accordance with the requirements of Council’s Redlynch Traffic Management Plan. TOWN PLANNING CONSIDERATIONS: Background The subject and surrounding land is currently undeveloped. A previous application (8/8/97) was made to construct a Shopping Centre on the land and this was granted Preliminary Approval by the Court Consent Order dated 22 February 2002 (P&E Court Appeal 17 of 1999 held in Cairns). The approval effectively made the use Code Assessable and tied the extent of floor space to be developed contingent on the population growth in the area. A copy of the original design, as approved by the Court Order is included in Appendix 2. The Court Consent Order contained conditions imposed by the Department of Main Roads. Since the issue of the Preliminary Approval authority for the Redlynch Connector Road has transferred from the Queensland Government to Council. A condition of the Court Order states that developer contributions are applicable to the future Code Assessable land use (Shopping Centre). Proposal It is proposed to develop a Shopping Centre generally in accordance with the conditions of the Preliminary Approval (existing Court Consent Order). The original design concept was to locate an anchor store towards Larsen Road with speciality stores, off a central, internal, lineal mall south of the anchor store. (Refer to original design plan attached as Appendix 2.)

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The final design, as is now submitted to Council, positions the anchor store as the furthest store from Larsen Road with the speciality stores at the front of the complex. This design concept is more akin to modern shopping centre development in which the exposure of the speciality stores is maximised and the visibility of the anchor store is minimised. The anchor store, in this instance is a supermarket and such use does not require direct street exposure. The individual, speciality shops will be located adjacent to the main pedestrian entrance of the complex. Public facilities (toilets, public shower and parents room) are incorporated into the centre design. The design as proposed requires the construction of the total centre in a single stage due to the impracticality of designing and constructing such a complex by stages. The applicant advises that the “final 1,100m2 will not be utilised until the number of dwellings in the identified catchment reaches 3000 and approval for the final stage will be obtained in accordance with the conditions of the Consent Order.” The final stage (Stage 4) of floor areas to be released, as nominated on the plans, includes a temporarily partitioned section of the supermarket (560m2 GFA) and Shops in “Block B” (585m2 GFA) as nominated on the proposal plan. (Note: The partitioned areas amount to 1,145m2. The applicant is required to retain at least 1,100m2 of the floor area under the conditions of the Court Order and has chosen to retain slightly more - 1,145m2.) Vehicle access to the Shopping Centre will be limited to one entrance/exit to Larsen Road with a roundabout constructed at this intersection. Truck loading/unloading will occur at the rear of the Centre so as not to conflict with customer movements and activity. An extensive car park is provided adjacent to the Redlynch Connector and Larsen Roads. Part of the car park will be shade protected and provision has been made for both disabled drivers and parents with young children. Strategic Plan/DCP The development is consistent with the Strategic Plan. Land Zoning While the land is zoned Rural the existing Preliminary Approval enables the use to be Code Assessable. Developer contributions are not normally applicable to Code Assessable development, however, a condition of the Court Order requires the payment of such contributions.

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Impact of Proposal Since the issue of the Preliminary Approval the status of nearby roads has changed. The Department of Main Roads is no longer responsible for the Redlynch Connector Road and therefore no longer a concurrence agency under the IPA. Conditions of the Court Order included requirements imposed by the Department having regard to the Redlynch Connector Road, particularly a requirement for the developer/owner to upgrade the intersection of the Redlynch Connector Road and Larsen Road. The intent of the imposed conditions remains applicable to the future development of the subject land and its impact on the environment. The conditions will now be included under those imposed by Council, as the Assessment Manager. An assessment of the application against the condition of the Preliminary Approval, including the conditions previously imposed by the Department of Main Roads, is tabled as follows. Number and Description of Court Order Condition

Proposal Compliance

Assessment Manager Conditions 1. Maximum GFA 6,000m2

generally in accordance with nominated plans

Maximum GFA 5,900m2, design is generally in accordance with the original concept plan

Complies

2. Applicant must obtain a Development permit for the first and any subsequent stage.

Current application seeks a Development permit for Stages 1-3 with construction but non-occupation of the final stage.

Complies

3. Release of shopping centre GAF is limited to the number of dwellings in a Primary Catchment area and a proportion of a Secondary catchment area: Stage 1 requires 1,250 dwellings in the Primary catchment area; and Stages 2-3 requires 2,450 dwellings in the catchment area whereby 33% of the dwellings can be within a Secondary catchment area.

2,462 dwellings in June 2003. Complies. Refer to comment.

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Number and Description of Court Order Condition

Proposal Compliance

Assessment Manager Conditions 4. Applicant to demonstrate that

sufficient demand exists for the particular stages of the development prior to the lodgement of applications for Development Permit(s).

Demonstration achieved by the lodgement of the report by Mr Jon Norling of urban Economics.

Complies

5. Applicant to contribute towards the provision of water and sewerage headworks.

A condition of approval requires payment.

Complies

6. Car parking to be provided in accordance with the Scheme requirement: 5,900m2 GFA requires 360 spaces.

361 spaces provided Complies. Refer to comment.

7. Development to comply with provisions of the Planning Scheme.

Refer to separate assessment table following

Complies

8. On-site cyclist facilities be provided.

Bicycle racks are located on the eastern side of the building and a shower is located in the amenities facilities.

Complies

Former Concurrence Agency (Department of Main Roads) Conditions 1.a. Access via Larsen Road to the

satisfaction of the Chief Executive Officer.

Vehicle access only to Larsen Road with a roundabout constructed at the intersection of the access point and Larsen Road.

Complies. A condition of approval requires the roundabout to be landscaped.

1.b. No access to Redlynch Connector Road.

No access between the subject land and the Redlynch Connector Road.

Complies

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Proposal Compliance

Former Concurrence Agency (Department of Main Roads) Conditions 1.c. Barrier on Larsen Road, west of

the subject site to prevent access to the Redlynch Intake Road, from Larsen Road, until such time that the Redlynch Intake and Larsen Road intersection upgrading is constructed.

No barrier proposed or nominated in the report or proposal plans accompanying the application.

Does not comply -refer to comment. A condition of the approval requires the road barrier.

1.d Note placed on Council’s rates file

Note has been so placed. Complies

2.a. Applicant to upgrade the Larsen Road / Redlynch Connector Road intersection to provide for all movements (including pedestrian, cyclist, vehicular) to a Type C standard.

Development plans indicate upgrade to the Larsen Road / Redlynch Connector Road intersection. No confirmation in application that the applicant will construct the required works.

Compliance not demonstrated - refer to comment. A condition of the approval requires a signalised intersection

2.b. Installation of street lighting at the upgraded intersection of Larsen Road / Redlynch Connector Road intersection.

No details submitted. Compliance not demonstrated - refer to comment. A condition of the approval requires the street lighting.

2.c. Construction of upgrading intersection works and street lighting to be completed prior to the commencement of the land use.

No details or assurance given.

A condition of approval requires works prior to the commencement of land use.

2.d. Applicant to submit plans for the intersection upgrade and required street lighting to the DMR for approval prior to construction.

No details submitted. A condition of approval requires works prior to the commencement of land use.

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Proposal Compliance

Former Concurrence Agency (Department of Main Roads) Conditions 3. In regards to the on-site car

parking calculation and provision, no allowance be given for any parking that may occur on the Redlynch Connector Road.

Parking calculation gives no dispensation for parking on the Redlynch Connector Road and all required parking has been provided on the subject land.

Complies

4. No advertising signage within the Redlynch Connector Road reserve.

Proposed signage consists of signage attached to the building facades and a single pylon sign on the corner of Larsen Road and Redlynch Connector Road sited wholly within the subject land.

Complies. All signage now assessable under Council’s Local Law.

5. External lighting not to create a nuisance to adjoining property owners or passing motorists.

No details submitted. Compliance is not demonstrated - the requirement is now covered by Advice.

6. Applicant to seek approval from DMR prior to the commencement of any works that may affect the existing water flows and/or hydraulic structures along, under or over the Redlynch Connector Road.

No comment on this matter is submitted by the applicant.

Compliance is not demonstrated – a condition of approval requires compliance.

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Proposal Compliance

Former Concurrence Agency (Department of Main Roads) Conditions 7. No activities or works (including

landscaping and installation of public utilities is permitted on, under or within the Redlynch Connector Road without prior approval from DMR.

All landscaping works are proposed only within the subject land. No activities are proposed on, under or within the Redlynch Connector Road. Plans detail part of upgrade works required to Larsen Road / Redlynch Connector Road intersection required under DMR condition 2.

Part compliance - refer to comment on upgrade to intersection

Release of Dwellings The number of dwellings existing in the Primary and Secondary catchment areas was identified in a report, submitted with the application, by Mr Jon Norling of Urban Economics. The report indicates that the threshold of 2,450 dwellings for the commencement of Stages 1-3 was reached in June 2003, with the number of dwellings in the Primary catchment area plus 33% of the number of dwellings in the Secondary catchment area being 2,462 dwellings. Barrier on Larsen Road, West of Subject Land The applicant has not indicated on the plans that a barrier will be constructed to limit access West of the site along Larsen Road. The condition of the Court Order requires a barrier unless the intersection of Larsen Road and the Redlynch Intake Road has been constructed. To date this upgrading has not occurred. The upgrading is required under a separate approval for the development of neighbouring land. Council at its Ordinary Meeting held 17 December 2003 approved a Preliminary Approval (Development Application 8/13/664) for the residential reconfiguration of land along Larsen Road to the North, West and South of the subject site. Condition 17 of that approval required that the applicant construct Larsen Road, including the intersections of Larsen Road and Redlynch Intake Road and Larsen Road and Redlynch Connector Road to a Major Collector Standard. The applicant for that development has lodged an appeal against the conditions of this approval, including Condition 17. The appeal has yet to be determined by the Planning and Environment Court. Regardless of the Court determination a condition of the subject approval requires the applicant to construct the barrier as per the condition of the Court Order for the Preliminary Approval.

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Upgrade of Larsen Road / Redlynch Connector Road Intersection Conditions of the Preliminary Approval require the applicant to upgrade the intersection of the Larsen Road / Redlynch Connector Road intersection. These conditions were placed on the approval by the Department of Main Roads which is no longer a concurrence agency. Despite the change of road status for the Redlynch Connector Road the physically requirement for the intersection to be upgraded remains valid. To address this concern a condition of the approval for a Development Permit requires the upgrade under the Assessment Manager’s conditions. The condition also includes the intersection upgrade to meet the requirements of the Redlynch Traffic Management Plan, that is a four-lane carriageway. The applicant is being asked to construct the traffic islands, install lighting and traffic signals, and develop the west side of Redlynch Connector Road (within 200 metres either side of the intersection) as would be required for a four-lane carriageway. The required signalisation of the intersection maintains the current standard of intersection of the Court Consent Order. Spill Lighting The State Environmental Protection Agency is now responsible for spill lighting and also noise emissions. An Advice statement is attached to the approval notifying the applicant of such. Compliance with Planning Scheme Condition 7 of the Preliminary Approval requires compliance of the development with the Planning Scheme. This is tabled as follows. Planning Scheme Requirements Proposal Compliance Strategic Plan, Urban designation, Urban Residential Housing Area, nominated as an indicative location for a District Centre.

Compliance substantiated in the issue of the Preliminary Approval.

Complies

Hillslopes DCP – Category A unconstrained.

Development does not affect DCP concerns.

Complies

Rural zone, land use is normally non-preferred.

Compliance substantiated in the issue of the Preliminary Approval.

Complies

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Planning Scheme Requirements Proposal Compliance Infrastructure Provisions Roadworks and Footpaths – Construction of road pavement, channel & kerb, pedestrian and bike pavements, construction of median breaks and traffic control devices and any other road works necessitated by the development.

Submitted plans indicate: a. Footpath along the south side of

shopping centre and at corner intersection of Larsen Road and Redlynch Connector Road;

b. T intersection with pedestrian refuge island at the intersection of Larsen Road and Redlynch Connector Road;

c. Roundabout on Larsen road at entrance to Shopping Centre car park area;

d. Second roundabout on Larsen Road, West of vehicle entrance to Shopping Centre; and

e. Pedestrian and bicycle link along Western boundary of site to the neighbouring (proposed and as yet un-constructed) residential area.

Partial compliance- refer to comments.

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Planning Scheme Requirements Proposal Compliance Stormwater Drainage from and traversing the site to discharge to an approved stormwater drainage system.

No discharge point indicated. No demonstrated compliance –a condition of approval addresses this issue.

Water Supply, sewerage and Trade waste disposal. Requires connection to Council services and payment of developer contributions. Trade Waste requires cover, bunding and connection to Sewer for the refuse bin area.

Application indicates payment of water and ser headworks connections applicable. No demonstration of compliance with Trade Waste requirements.

Compliance achievable through conditions of approval.

Parkland – Not required for subject development

Nil Not Required

Geotechnical Considerations – not required for subject site

Nil Not Required

Dust & Noise Controls No details submitted. Compliance achievable through conditions of approval.

Access and Provision for Traffic During Construction

No details submitted. Compliance achievable through conditions of approval.

Parking & Access Requirements Car Parking – 360 spaces required 361 spaces proposed Complies. Provision of disabled driver car spaces 3 disabled driver spaces and 5

spaces for parents with young children.

Partial compliance demonstrated. Refer to comment.

Bicycle spaces and shower facilities for cyclists.

Bicycle racks and shower facilities provided.

Complies.

Pedestrian access links Link provided to (proposed) residential area to the west and Larsen Road.


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Planning Scheme Requirements Proposal Compliance Landscaping: Minimum 10% of site to be landscaped (2,363m2); 50% of landscaping to be deep planted (1,182m2); 6m wide landscaping to boundaries with residential land; 3m wide landscaping strip to other boundaries.

Total area landscaped is 2,435m2 1,953m2 deep planting 6m wide strip to Southern boundary to proposed residential land. 3m wide strip to Western boundary of proposed residential land.


Site Coverage: Max 50% in Rural Zone; Max 80% in Commercial Zone.

25% proposed Complies.

Building Height: Max 8m in Rural Zone; Max 10m in Commercial Zone.

Predominantly 7m some parts of the building 8m.

Complies.

Density – Not applicable to proposed development

Nil Not Applicable

Building Setbacks: Commercial Zone- 6m or in keeping with the existing streetscape; Rural Zone – as determined by Council

73m from Larsen Road and 36m from Redlynch Connector Road

Refer to comment.

Loading / Unloading area required Areas provided for semi-vehicle trucks and passenger cars for grocery collection.

Complies

Roadworks, Landscaping and Footpaths The applicant has given limited attention to the safe movement of pedestrians to the site, from the adjoining road network, and also within the site. The walkways should be separated from vehicle traffic and connect to external footpaths in the most direct route possible. The walkways should be raised to increase visibility and awareness of pedestrians and also covered to provide greater comfort from stormwater drainage during intense downfalls. The design is to be strengthened by conditions of the approval that require boundary fences to direct pedestrian traffic to known entrances and raised pathways to the building entrances. This will necessitate the reduction in the actual number of car spaces provided by some three spaces. The applicant has provided one additional space already and a separate recommendation allows a dispensation for two spaces.

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A condition of approval also requires the roundabout in Larsen Road to be landscaped. Stormwater Significant stormwater would be caught on the site due to the extensive areas of impermeability. The drainage plan should consider pedestrian use in the car park and conditions of approval requires raised walkway connections to Larsen Road, a raised pathway to the Redlynch Connector Road, a raised pedestrian crossover link to the residential area to the West and deletion of inappropriate access and within the car park. Concern is raised with the water quality of the stormwater. To address these issues conditions of the approval requires the rear refuse storage area and refuse bin storage to be covered, the pavement beneath bunded and connected to sewer. Disabled Driver Car Spaces The pathway adjacent to the disabled driver and ‘parents with prams’ car spaces should be ramped to enable access. Building Setbacks The development clearly satisfies the building setbacks for a commercial zone. The previous State-controlled status of the Redlynch Connector Road required a 40m setback form this road. A 36m setback is proposed. The proposal is well setback from both roads and is considered satisfactory in regards to the existing land zoning of Rural and the Scheme requirement. Draft CairnsPlan The site lies within the proposed Redlynch Valley Planning District with a District Centre Planning Area designation reflective of the current Preliminary Approval. The proposed development is consistent with the Draft CairnsPlan. The use is defined in the Draft CairnsPlan as Shopping Facilities and is Code Assessable development. HEADWORKS / CONTRIBUTIONS:

Element Comment Calculation Contribution Water District 7: Barron/Freshwater

$3,032.91/EDC 4,900m2 GFA = 17.82 EDC No existing credit

17.82 EDC x$3,032.91 /EDC

$54,046.49

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Element Comment Calculation Contribution

Sewerage District 22:Redlynch/Kamerunga $3,275.22/EDC 4,900m2 GFA No existing credit

17.82 EDC x$3,275.22 /EDC

$58,363.37

Drainage Mitigation Works: Freshwater Creek DMP $262.86/lot 1 lot

1 lot x $262.86/lot $262.86

Traffic No residential development

No contributions sought

Nil

Open Space Not involving subdivision of land No contributionssought

Nil

Jenny Elphinstone Senior Planning Officer Action Officer Peter Tabulo General Manager City Development

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Appendix 1

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Appendix 2 Plan of development as previously approved under the Court Consent Order for the Preliminary Approval.

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15 APRIL 2004

18

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – EXTENSIONS TO EXISTING DUPLEX – 42 VEIVERS ROAD, PALM COVE – DIVISION 11 Kym Watton: 8/8/556-01 : #770789

PROPOSAL: EXTENSIONS TO EXISTING DUPLEX APPLICANT: DONDEN PTY LTD C/- PETER ROBINSON PLANNER PO BOX 4751 CAIRNS QLD 4870 LOCATION: 42 VEIVERS ROAD, PALM COVE PROPERTY: LOT 21 ON RP716160, PARISH OF SMITHFIELD ZONE: RESIDENTIAL 1 STRATEGIC PLAN: URBAN DCP: HILLSLOPES CATEGORY A REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NONE STATUTORY ASSESSMENT DEADLINE: 1 MAY 2004 DIVISION: 11 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the Material Change of Use (Impact Assessment) application for the extension of an existing Duplex over land described as Lot 21 on RP716160, Parish of Cairns located at 42 Veivers Road, Palm Cove subject to the following conditions:- Assessment Manager Conditions 1. The applicant/owner must at all times during the development of the subject

land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

a. The approved plan attached; b. The plans, specifications, facts and circumstances as set out in the

application submitted to Council; and c. To ensure that the development complies in all respects with the

requirements of Council's Planning Scheme, Development Manual and good engineering practice.

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 the

issue of a Development Permit for Building Work, except where specified otherwise in these conditions of approval.

Water Supply and Sewerage Contributions 3. The applicant/owner must contribute in accordance with Council's policy

provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply and sewerage headworks.


payment. On the present method of calculation, the estimated total headworks contributions are $771.63 (0.20 EDCs) for water and $752.43 (0.20 EDCs) for sewerage.

Payment is required prior to the issue of a Development Permit for Building

Work. Traffic Management Contributions 4. The applicant/owner must contribute towards Council's Traffic

Management/Road Upgrading Program in accordance with Cairns City Council Traffic Management Plans.

The contribution rate is that which is current at the time of payment. The

current rate of contribution is $561.86 (0.25 ERAs). Payment is required prior to the issue of a Development Permit for Building Work.

Screen Fence 5. The applicant/owner must provide a screen fence (minimum height of 1.8

metres and maximum gap of 10mm) rear boundary of the subject land, to the satisfaction of the Chief Executive Officer. The required fencing must be consistent in terms of design and materials with other similar fences in the locality. Details of the screen fence must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act

1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

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2. Current requirements and estimates of development and headworks contributions may change when elements of the Cairns City Council Priority Infrastructure Plan (PIP) are adopted.



EXECUTIVE SUMMARY: Council is in receipt of an application for a minor extension to an existing duplex at 42 Veivers Road, Palm Cove. A proposal plan is attached as Appendix 1. The development is consistent with the intent of the Planning Scheme, and no concerns are raised with regard to the minor extension. Accordingly, approval of the application is recommended. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development seeks approval for a minor extension of approximately 75m2 to an existing duplex located at 42 Veivers Road, Palm Cove. It is believed that the duplex has been in existence since the early 1970’s, and predates the first Planning Scheme. The proposed development involves the renovation and extension of an existing duplex. The proposal includes the extension of the building to the rear to facilitate one additional room for each of the units, which will become the Kitchen/Dining/Living area, and the conversion of the living room within each of the units to a bedroom. Each unit currently contains two (2) bedrooms. The proposed development will increase the number of bedrooms within each unit to three (3). The Gross Floor Area of the duplex is currently 134m2, with the extension increasing the Gross Floor Area to approximately 209m2. Compliance

with the Intent

Comments

Planning Scheme

Planning Scheme for the Balance of the City of Cairns

Zone Residential 1 Yes In some areas in the zone medium density residential development such as duplexes are suitable.

Strategic Plan

Urban Yes Contains areas which are suitable for residential, commercial, industrial and the like.

DCP Hillslopes DCP – Category A

Yes

Category A areas are considered to be unconstrained.

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Impact of Proposal The existing duplex has been assessed against the current requirements for a Dual Occupancy contained within the Planning Scheme. The results are outlined below: Planning Scheme Requirement Proposal Compliance Car Parking – 1 covered space and one visitor’s space per dwelling unit

1 covered car space for each dwelling, with 1 car space for visitors in tandem

Complies

Maximum Site Coverage: 50% 26% Complies Maximum Building Height: 7m 4.5m Complies Maximum Site Density: 70 Persons Per Hectare

74 Persons Per Hectare (6 people on site)

Does not comply refer to comment below

Minimum Street Setback: 6m

13m Complies

Section 3.10 – Specific Use Provisions Character & style of buildings to be consistent with surrounding area

Dwellings have been constructed in similar materials and style as per the existing/other dwellings in the immediate area

Complies

Dwellings units to be separated The dwelling units are attached – the duplex was constructed in the early 1970’s before the first Planning Scheme.

Complies

Rear unit to be obscured from street The rear dwelling will be positioned behind the front dwelling and therefore the rear dwelling is predominantly obscured by the front dwelling unit

Complies

3m wide landscape strip to be provided along property frontage

Landscaping along road frontage generally 3m wide

Complies

Side Fencing: all side and rear boundaries to be provided with a 1.8m high screen fence

No fencing details are included in the design

A condition will be included to ensure compliance

Minimum driveway width: 3m 3m Complies Site Density The minimum site area for a Dual Occupancy is 800 m2. The site has an area of 809m2. The maximum density in the Residential 1 zone is 70 persons per hectare. Therefore, a site area of 857m2 is required to develop a Dual Occupancy and to maintain the density of 70 persons per hectare. It would seem there is a minor inconsistency between the minimum area and the maximum density. The density of the proposed development is 74 persons per hectare, (i.e. 6 people) marginally above the specified maximum of 70 persons per hectare. Part D, Section 1.7.1 of the Planning Scheme allows Council to permit a higher site density in some circumstances. Given that there is a minor inconsistency in the Planning Scheme and given that the proposed development can satisfy the specific requirements relating to Dual Occupancy, it is considered that a minor increase in density to 74 persons per hectare is acceptable. The impacts of the proposed development are expected to be minimal due to its minor nature. The proposed development involves internal renovations to an existing duplex and an increase in Gross Floor Area of approximately 75m2.

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Public Notification/Submissions Public notification was conducted in accordance with the provisions of the Integrated Planning Act 1997 from 5 February 2004 to 1 March 2004 and no submissions were received. HEADWORKS / CONTRIBUTIONS: Element Comment Calculation Contribution Water Supply

District: Clifton East: $3,858.15/EDC 1 x Flat/Unit 3 bdrm – 0.70 EDC less credit for existing 1 x Flat/Unit 2 bdrm – 0.50 EDC Net Demand: 0.20 EDC

0.20 EDC x $3,858.15

$771.63

Sewerage District: Palm Cove: $3,762.17/EDC 1 x Flat/Unit 3 bdrm – 0.80 EDC less credit for existing 1 x Flat/Unit 2 bdrm – 0.60 EDC Net Demand: 0.20 EDC

0.20 EDC x $3,762.17

$752.43

Traffic District: Palm Cove: $2,247.46/ERA 1 x 3 bdrm unit – 1.0 ERA less credit for existing 1 x 2 bdrm unit – 0.75 ERA Net Demand: 0.25 ERA

0.25 ERA x $2,247.46

$561.86

Drainage Not included in a Drainage Management Plan No contributions sought

Not Applicable

Open Space

Not involving subdivision of land No contributions sought

Not Applicable

Kym Watton Planning Officer Action Officer P M Tabulo General Manager City Development

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APPENDIX 1

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15 APRIL 2004

19

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – USE RIGHTS FOR THE RESIDENTIAL 2 ZONE AND COMMERCIAL ZONE – ISABELLA ROAD, EDMONTON – DIVISION 2 Neil Beck : 8/8/553-01 : #745463

PROPOSAL: USE RIGHTS FOR THE RESIDENTIAL 2 ZONE

AND COMMERCIAL ZONE APPLICANT: TOMA GROUP C/- PETER ROBINSON PLANNER PO BOX 4751 CAIRNS Q 4870 LOCATION: ISABELLA ROAD, EDMONTON PROPERTY: LOT 13 ON RP 860977, PARISH OF GRAFTON ZONE: RURAL STRATEGIC PLAN: URBAN DCP: NONE APPLICABLE REFERRAL AGENCIES: QUEENSLAND TRANSPORT NUMBER OF SUBMITTERS: FIVE STATUTORY ASSESSMENT DEADLINE: 11 MAY 2004 DIVISION: DIVISION 2 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council issue a Preliminary Approval in accordance with Section 3.1.6

of the Integrated Planning Act, 1997 (to override the Planning Scheme) for a Material Change of Use for the residential use of land located at Isabella Road, Edmonton, described as Lot 13 on RP860977, subject to the following code:

Table of Development

Self Assessable Uses Code Assessable Uses Impact Assessable Uses The self assessable uses outlined in Column 1 of Table of Development C-4 in the Planning Scheme for the Balance of the City of Cairns for the Residential 2 zone.

The Code Assessable uses outlined in Column 2 of Table of Development C-4 in the Planning Scheme for the Balance of the City of Cairns for the Residential 2 Zone.

Impact Assessable Uses outlined in Columns 3 and 4 of Table of Development C-4 for the Residential 2 zone in the Planning Scheme for the Balance of the City of Cairns.

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Assessment Manager Conditions

1. The applicant/owner is to contribute in accordance with Council’s Policy provided for as per Section 6.2 of the local Government (Planning & Environment) Act 1990 towards the provision of water and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. The amount of the payment and the timing of payment is to be in accordance with the requirements outlined in the Development Permit.

2. At the time of lodging an application for a Development Permit, the

applicant/owner is to submit reports prepared by suitably qualified consultants that demonstrate that sufficient capacity exists within the water supply and sewerage infrastructure to service the development.

3. The development must comply with all of the provisions of the Planning

Scheme for the Balance of the City of Cairns except for those that conflict with the provisions of this Preliminary Approval, have been granted dispensation by Council or are exempt through conditions of a Development Permit.

4. The concept plan for the development must be amended as follows:- a. only two residential lots are permitted to have frontage to and

vehicular access from Millhouse Close; b. a pedestrian path / bike path must be provided to link with

Millhouse Close; c. a pedestrian path / bike path must be provided to link with the land

to the south and to be located towards the west end of the cul-de-sac.

5. Isabella Road and the unnamed road on the west of the site are to be

constructed in accordance with the requirements outlined in a Development Permit.

Drainage Contributions 6. The applicant/owner must contribute towards the augmentation of

stormwater drainage services and associated services in accordance with the Blackfellow’s Creek Drainage Management Plan and towards the improvement of stormwater quality in accordance with the Draft Trunk Infrastructure Contribution Policy or the policy applicable at the time of application for the Development Permit.

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The contribution rate is that which is current at the time of payment. The amount of the payment and the timing of payment is to be in accordance with the requirements outlined in a Development Permit.

Traffic Management Contributions 7. The applicant/owner must contribute towards Council’s Traffic

Management/ Road Upgrading Program in accordance with Cairns City Council Traffic Management Plans.

The contribution rate is that which is current at the time of payment. The amount of the payment and the timing of payment is to be in accordance with the requirements outlined in a Development Permit.

Vegetation Management 8. The on-site remnant vegetation adjacent to the watercourse on the

south boundary is to be assessed and reported upon as part of the application for a Development Permit to reconfigure the land. Any significant vegetation should be incorporated into the open space required by Condition 9 below.

Parkland Contribution 9. The White Rock-Edmonton LAOSMP Report has identified this site as

the location of local sports facilities having an area of 1.5 hectares.

The applicant will be required to transfer to the Crown, ten (10) percent of the gross area of the site for public garden and recreation space in accordance with the requirements of Council’s Planning Scheme and Section 5.6 of the Local Government (Planning and Environment) Act 1990.

ADVICE AGENCY CONDITIONS Department of Transport Public Transport Access 1. Current bus services do not reach this far into west Edmonton.

However, further take up of development land in this area will generate a need for provision of public transport services in the future. The development should be compatible with that future service provision.

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1.1 The applicant/landowner shall provide a bus lay by suitable for a

14m low floor bus to a width allowing safe passage of other road users in Isabella Road adjacent to the entrance to the proposed local centre, in accordance with Cairns City Council’s specifications.

Pedestrian and Bicycle Access 2. The local centre should be readily accessible to adjacent residential

development regarded as the catchment for the local centre. The plan of proposed subdivision 1003-TOM does not provide for access to adjacent development land to the south. This will be significant disbenefit for residents wishing to access to local centre by walking or cycling.

2.1 The applicant/landowner shall design the reconfiguration of the

subject land to allow for safe and convenient pedestrian and bicycle access between adjacent existing and future residential areas and the local centre.

Access to Adjoining Property 3. The site location map indicates a separate strip of land to the west

which is intended for use as a connecting road. This is not shown on the plan of the proposed subdivision. It is not clear whether this road will be provide as part of this development.

Parking 4. Parking provision for the local centre should be aggregated to provide

the most efficient parking area. The plan of proposed subdivision 1003-TOM shows separate residential sized lots at the site of the local centre. This will result in ad hoc parking arrangements impacting negatively on the safety of cyclists and pedestrians. The local centre will generate a demand for taxi access.

4.1 The applicant/landowner shall design the reconfiguration of the

subject land to allow for a single efficient off street parking area servicing the local centre.

4.2 The applicant/landowner shall provide parking within the local

centre for taxis, including one fully accessible parking bay in accordance with Cairns City Council’s specification.

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B. The Council refuse to approve the application for a Preliminary Approval

and/or a Development Permit for Self and Code Assessable Uses in the Commercial Zone (Max 4000m²). The reasons for refusal being:

1. the proposal is premature; 2. there is no need for shops;

3. the application was vague and uncertain as to the uses proposed; and

4. the proposal lacks a supporting population.

C. Council further investigate the local sports designation of part of this site in

the White Rock-Edmonton LAOSMP Report. That report recommends a future local sports facility of an area of 1.5 hectares, some 0.9ha more than the park contribution required by Condition 9.

EXECUTIVE SUMMARY: Council is in receipt of a Material Change of Use (Impact Assessable) application which seeks both a Preliminary Approval and Development Permit for commercial and residential development respectively. The intended use is a residential development in association with a local shopping centre. The plan with the application is a ‘concept plan’ with little detail of the anticipated final proposal. As the proposal is one that overrides the Planning Scheme (S3.1.6 of the Integrated Planning Act 1997) the approval that is recommended is a Preliminary Approval for a residential subdivision. It is recommended that the Council refuse the application for a local centre as the proposal is premature. The reconfiguration component of the development has the potential to yield approximately 66 residential lots. The concept plan for the residential component is stated, by the applicant, not to be part of the application. Some general conditions, relating to pedestrian access and design and the provision of open space form recommended conditions of approval. The proposal was referred to Queensland Transport, as an Advice Agency. Their requirements are contained within the recommended conditions of approval.

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The applicant had been asked for further information on the proposed floor area and site area of the commercial component, but stated that the design/centre components were not finalised nor was the proposed lot layout. The residential use of the site can be given a Preliminary Approval. TOWN PLANNING CONSIDERATIONS: Subject Site The subject site being Lot 13 on RP860977 has a total site area of 5.82 hectares and is zoned Rural within the Planning Scheme. The site is located on the southern side of Isabella Road near its western extremity, at the foot of the coastal range. Currently the site is used as a palm tree nursery for wholesale purposes. Buildings on the site consist of a number of sheds. It is most likely that the site was previously used as a cane farm. A strip of remnant vegetation exists along a watercourse line at the southern, or rear, side of the property. Strategic Plan/DCP The site is designated Urban in the Town Planning Scheme and the proposal is considered in accordance with the Urban designation of the Strategic Plan. Land contained within Category B of the Hillslopes DCP adjoins the area to the south, however the provisions of the DCP does not impact on the utility of the subject land. Land Zoning The site is now zoned Rural and the range of uses proposed for the site is generally not in accordance with the intent of the Rural zone. However, the Strategic Plan and the Urban designation of the subject land has triggered the application. Public Notification/Submissions The development was advertised in accordance with the requirements of the Integrated Planning Act and three submission were received and a petition with 24 signatures which raised the following issues: a. the proposed development results in smaller lot sizes when compared with

the 1300m² - 1600m² lots in Millhouse Close; b. the number of lots with access to Millhouse Close, the concept plan shows 5

lots (2 rear lots) and the increase in traffic movements as a consequence; c. lack of need for shops; d. premature retail development;

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e. decrease in property values; f. lifestyle impact (noise/privacy) g. rear access lots and proximity of houses on smaller lots;

h. noise, traffic at shopping centre in the suburbs.

i. lack of connection to the area to the south; j. available infrastructure services capacity; k. impact on the retailing at the District centre; l. upset the Balance of Zones for commercial development; and m. as an adjacent owner, not notified of proposal. Issues a, b & f can be overcome by a design that reduces the number of lots having access to Millhouse Close and having larger lots in that area. Issue e, the impact on property values is not a valid town planning issue. It is noted that the other issues raised generally relate to the shop site. The “adjacent owner” in point “n”, did not have to be notified as a road separated the sites. CairnsPlan has identified this site for a future Local Centre. Isabella Road will then carry additional traffic, it is designated a Collector Road as far west as Whereat Road. Conditions intended to reduce the impact of the proposal are included in the recommendation. Impact of Proposal The impacts of the development are summarised below. Balance of Zones The Commercial component of the development provides for an unidentified site of not more than 4000m² of development in a location that will be at the furthermost extent of existing development in the area west of Edmonton. The draft CairnsPlan envisages a future Local Centre within this parcel of land, but such a proposal is premature at this time. Sequence of Development An issue associated with the planning of the urban area west of Edmonton is “out of sequence” development, with new urban areas interspersed with remnant cane farms and agricultural activity. The residential node based on Isabella Road (some 200 lots) is currently separated from the main built up area of Edmonton. The settlement pattern is scattered.

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However, the urban development exists already (east and north-east of this site) and this proposal is a sequential extension of the residential development towards the west and the area will infill over time. Environmental Impact The site has been largely cleared for many years due to its past use for a range of agricultural pursuits with the most recent being a palm tree nursery. There is a small line of remnant vegetation on site which requires assessment and retention if that is warranted. This assessment will occur in more detail at the time of seeking further approvals to develop the land. The site is not located within a Vegetation Protection Area. Social Impact The development area would be entirely car dependent for the foreseeable future. The nearest public transport is some 2.7 kilometres away at the corner of Mill Road and Wiseman Road. It is probable that public transport will in due course extend to Isabella Road, but in the short to medium term, this service is not likely to be available. The nearest primary school is at Edmonton. CairnsPlan The Draft CairnsPlan shows a future Local Centre (shopping) on this site with an overall designation of Residential 2 with a minimum lot size of 450m². Isabella Road is a Collector Road as far as Whereat Road. This proposal complies with the long term intent of the Draft Scheme but is premature, at this time, due to the lack of a supporting population. Traffic & Access A local retail centre justification is based on having the necessary supporting local population, who must have reasonable access to the site. A pedestrian walkway/cycle path connection to Millhouse Close is needed for the future as is a pedestrian/cyclepath connection to the land to the south. Queensland Transport requires a bus layby on the frontage. Open Space The White Rock-Edmonton LAOSMP Report, the open space report, has identified this site as the location of a future local sports facility of an area of 1.5 hectares. A park contribution of 10% would yield 0.58 hectares leaving a shortfall of 0.9 hectares. The acquisition of the additional land should be investigated which forms a separate recommendation.

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Timing of Development Submitters have raised the issues of need/prematurity and the lack of the necessary supporting population for the Local Centre. In the further information supplied, the applicant states that the gross floor area is not to exceed 1200m² and the supporting catchment is said to be 1200 households (3 people per household by 0.3m² of floor space per head of population). Neither a Preliminary Approval nor a Development Permit should be issued until the catchment population supports the retail floor space proposed. Headwork Contributions Headwork contributions for the development will be calculated at the time of seeking a Development Permit. Conditions regarding contributions have been included within the Preliminary Approval for the residential development of the site. Neil Beck Action Officer Team Leader Peter Tabulo General Manager City Development

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Appendix 1

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15 APRIL 2004

20

RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 28 WILKINSON STREET, KEWARRA BEACH – DIVISION 12 Llew Beaton: 8/13/742-01 : #770769

PROPOSAL: RECONFIGURING 1 LOT INTO 2 LOTS APPLICANT: R BOWEN 28 WILKINSON STREET KEWARRA BEACH QLD 4879 LOCATION: LOT 28 WILKINSON STREET, KEWARRA BEACH PROPERTY: LOT 28 ON RP746006, PARISH OF SMITHFIELD ZONE: LOW DENSITY RESIDENTIAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: HILLSLOPES CATEGORY A REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NONE APPLICABLE STATUTORY ASSESSMENT DEADLINE: 19 APRIL 2004 DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the application for the reconfiguration of land

described as Lot 28 on RP746006, Parish of Smithfield, located at Lot 28 Wilkinson Street, Kewarra Beach, into two (2) lots, subject to the following conditions:-

1. The proposed Plan of Reconfiguration No. 1103-BOW dated 9

November 2003 is approved subject to any alterations:- a. found necessary by the Chief Executive Officer at the time of

examination of engineering plans or during construction because of particular engineering requirements; and

b. to ensure that the reconfiguration complies in all respects with the

requirements of Council’s Development Manual and good engineering practice; and

c. To ensure compliance with the following conditions of approval.

Except where modified by these conditions of approval. Timing of Effect

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

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Water Supply Contributions

3. The applicant/owner must contribute in accordance with Council's policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply headworks.


payment. On the present method of calculation, the estimated total headworks contributions are $5,766.53 (1.30 EDCs) for water.

Payment is required prior to the approval and dating of the survey plan.

Stormwater Quality Contributions 4. The applicant/owner must contribute towards the improvement of

stormwater quality in accordance with the Draft Trunk Infrastructure Contribution Policy.


The current rate of contribution is $944.12 (Relative Impermeability Factor x $2,950.00/Equivalent Hectare).

Payment is required prior to the approval and dating of the Plan of

Survey. External Works 5. The applicant/owner must at their own cost undertake the following

works external to the subject land: a. Construction of half width bitumen extending from the end of the

existing bitumen in Wilkinson Street for 20 metres in order to provide practical access to proposed Lot 2.

b. Construct a concrete driveway to provide access to Lot 2 in

accordance with Council Standard Drawing S1110 and associated bitumen turnout.

Three (3) copies of a plan of the works must be submitted to and be

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Such works must be constructed in accordance with the endorsed plan, to the satisfaction of the Chief Executive Officer and Council's Development Manual prior to approval and dating of the survey plan.

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Existing Services 6. The applicant is to provide written confirmation of the location of the

existing services for the subject land. In any instance where the existing services are contained within another lot, the applicant shall either:

a. Relocate the services to comply with this requirement; or b. Arrange the registration of the necessary easements over the

services located within another lot prior to, or in conjunction with, the submission of the Plan of Survey creating the lot.

The written confirmation must be submitted to the Chief Executive

Officer prior to the approval and dating the Plan of Survey. Electricity and Telecommunications 7. The applicant/owner must provide written evidence of negotiations with

the electricity supply and telecommunications authorities that services will be provided to the development. Such evidence is to be provided prior to approval and dating of the Plan of Survey.

Easement 8. The applicant/owner must, at their own cost, create a reciprocal

easement over proposed Lot 2 in favour of proposed Lot 1 as depicted on Plan of Reconfiguration 1103-BOW, to allow access to the waterhole facility contained within the easement. The easement documents must be registered with the Department of Natural Resources and Mines immediately following the signing and sealing of the Plan of Survey.

ADVICE

1. This approval, granted under the provisions of the Integrated Planning

Act, shall cease and determine two (2) years from the date of this decision if these conditions and the Council’s Local Laws and regulations have not been fully complied with and a survey plan submitted for Council endorsement.





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B. That the following notation be placed on Council’s future rates record in respect of proposed Lot 1 and proposed Lot 2:-

“The owner(s) of this property will be required to adopt the

recommendations for on-site effluent disposal as detailed within the hydraulics report prepared by Gilboy Hydraulic Solutions received by Council on 26 March 2004, (Document Number 769096).”

EXECUTIVE SUMMARY: Council is in receipt of an application for Reconfiguring a Lot (1 Lot into 2 Lots), located at Lot 28 Wilkinson Street, Kewarra Beach and described as Lot 28 on RP746006, Parish of Smithfield. The land is 8001m² in area, is zoned Low Density Residential and presently contains a dwelling house. The proposed development is in accordance with the performance standards and provisions of the Planning Scheme, and is recommended for approval subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal Application has been made to reconfigure one allotment, situated at Lot 28 Wilkinson Street, Kewarra Beach and described as Lot 28 on RP746006 Parish of Smithfield, into 2 lots. The subject site has an area of 8001m². Proposed Lots 1 and 2 will have areas of 4000m² and 4001m2 respectively. An easement, 438m2 in area and contained within the boundaries of Lot 2, is proposed in order to retain joint access to a waterhole for recreational purposes. Access to Lot 1 and Lot 2 will be from Wilkinson Street. External works to Wilkinson Street is required to gain suitable access to proposed Lot 2. The applicant has provided information in relation to compliance with the Code of Practice for On-site Sewerage Disposal. A condition has been included requiring that the landowner adopt the recommendations for on-site effluent disposal as detailed within the report prepared by Gilboy Hydraulic Solutions. Strategic Plan/DCP The proposed reconfiguration is consistent with the Low Density Residential preferred dominant land use requirements of the Strategic Plan.

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Land Zoning The proposed reconfiguration is within a Low Density Residential zone. The proposal complies with the requirements of Council’s Planning Scheme. Impact of Proposal The proposed lot reconfiguration will result in the creation of one (1) additional allotment with an appropriate area and dimensions suitable to contain a single detached dwelling. The proposal is unlikely to negatively impact on the character or the amenity of the locality. HEADWORKS / CONTRIBUTIONS: Element Comment Calculation Contribution Water Supply

District: Clifton High #3: $4,435.79/EDC 2 x residential lot >1,500m2 – 2.60 EDC less credit for existing lot >1,500m2 – 1.30 EDC Net Demand: 1.30 EDC

1.30 EDC x $4,435.75

$5,766.53

Sewerage Not connected to Council’s sewerage infrastructure

Not Applicable Nil

Traffic Paradise Palms Traffic Management Plan – No contributions sought

Not Applicable Nil

Drainage Draft Trunk Infrastructure Management Plan $2,950/Ha RIF – 0.4 0.8001ha

$2,950.00 x 0.4 = $1,180 x

0.8001

$944.12

Open Space

Park contributions previously provided Not Applicable Nil

Llew Beaton Planning Officer Action Officer P M Tabulo General Manager City Development

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APPENDIX 1

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15 APRIL 2004

21

RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 12 NESBIT STREET, WHITFIELD – DIVISION 8 Llew Beaton: 8/13/760-01 : #770796

PROPOSAL: RECONFIGURING 1 LOT INTO 2 APPLICANT: K ELLETT 12 NESBIT STREET WHITFIELD QLD 4870 LOCATION: 12 NESBIT STREET, WHITFIELD PROPERTY: LOT 30 ON RP747725, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL DCP: DCP 1 – RESIDENTIAL DENSITIES - 100 PPH

DCP 2 – HEIGHT AND IMPACT OF BUILDINGS - PRECINCT 6

REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 19 APRIL 2004 DIVISION: 8 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the application to reconfigure land described as Lot 30 on RP747725, Parish of Cairns located at 12 Nesbit Street, Whitfield, into two allotments and common property, subject to the following conditions:- Assessment Manager Conditions 1. The proposed Plan of Development Drawing dated 24 February 2004 is

approved subject to any alterations: a. Found necessary by the Council at the time of examination of the




c. To ensure compliance with the following conditions of approval.


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Timing Of Effect 2. The conditions of the Development Permit must be effected prior to the

approval and dating of the Survey Plan, except where specified otherwise in these conditions of approval.


existing water, sewer, telecommunications and electricity services within each allotment. In any instance where the existing services are contained within another lot, then the applicant shall either: a. Relocate the services to comply with this requirement; or b. Arrange the registration of the necessary easements over the services

located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the Lot.

Lawful Point Of Discharge 4. The applicant/owner must ensure that the flow of all external stormwater

from the property is directed to a lawful point of discharge being Nesbit Street 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.


1997, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

2. At the time of submitting the survey plans for signing and dating, the

applicant is to submit digital cadastral information in an Autocad dwg, Dxf or MapInfo mid/mif format. Media format for acceptance of digital information is preferably CD or disk. The applicant is to supply the data in Australian Map Grid (AMG) AGD 85 Zone 55. Where this is unavailable, the files should contain the surrounding/adjacent existing parcels or bounds of the subject parcel to enable identification/location of the data.


www.ipa.qld.gov.au To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au .

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EXECUTIVE SUMMARY: Council is in receipt of an application for the Reconfiguration of a Lot (1 lot into 2 with common property) located at 12 Nesbit Street, Whitfield. The proposed reconfiguration is to facilitate the separation of an existing duplex development. The front allotment will have frontage to Nesbit Street, with the common property providing access to the rear allotment. The common property also contains the firewall between the two units. No concerns are raised regarding to the proposal and approval of the application is recommended. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for the reconfiguration of one existing allotment described as Lot 30 on RP747725 Parish of Cairns, located at 12 Nesbit Street, Whitfield, into two allotments and common property, to facilitate the subdivision of an existing duplex. The applicant proposes to reconfigure the existing 800m2 lot into two lots of 326m2 and 368m2 respectively, with 106m2 of common property. The proposed reconfiguration involves the creation of a new boundary along the alignment of the common wall between the garages of the duplex development. Strategic Plan/DCP The Strategic Plan includes the subject site within Medium Density Residential preferred dominant land use. Residential development in these areas may include duplexes, townhouses, flats, units and apartments. The proposed development to create one additional residential allotment and the proposal generally does not conflict with the intent of the Strategic Plan. Land Zoning The subject site is included within the Residential Zone in the Planning Scheme. Surrounding land uses are largely characterised by single detached dwellings and medium density residential development in the form of townhouses and dual occupancies. The Planning Scheme specifies that the minimum area for allotments within the Residential Zone is 600m2 with minimum dimensions of 15 metres by 40 metres. The proposed allotment configuration indicates that the minimum area and dimension requirements cannot be achieved. Council may nevertheless approve allotments where the frontages and areas are less than the prescribed minimum, in order to facilitate the subdivision of a Dual Occupancy development. In this instance the proposed access and car parking arrangements are considered satisfactory and the subject site has the potential to provide adequate private open space for each new allotment.

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Impact of Proposal It is considered that the proposed reconfiguration will not have any adverse impact on the amenity of the surrounding area. HEADWORKS / CONTRIBUTIONS: No additional headworks contributions are applicable to the proposed development. Llew Beaton Planning Officer Action Officer P M Tabulo General Manager City Development

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APPENDIX 1

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15 APRIL 2004

22

RECONFIGURING A LOT (1 INTO 2 LOTS) – GREER ROAD, MIRIWINNI – DIVISION 1 Rohan Lee: 8/13/773-01 : #772626

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 2 LOTS) APPLICANT: CAIRNS CITY COUNCIL PO BOX 359 CAIRNS Q 4870 LOCATION: GREER ROAD, MIRIWINNI PROPERTY: LOT 2 ON RP836966, PARISH OF BELLENDEN KER ZONE: RURAL STRATEGIC PLAN: RURAL DCP: HILLSLOPES CATEGORY B REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 30 APRIL 2004 DIVISION: 1 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the application to reconfigure land described as Lot 2

on RP836966, Parish of Bellenden Kerr, located at Greer Road, Mirriwini, subject to the following conditions:

Assessment Manager Conditions 1. The proposed Plan of Development received by Council on 2 April 2004,

prepared by C&B Group, Cairns, is approved subject to any alterations: a. Found necessary by the Council at the time of examination of the

Engineering Plan or during the construction of the development because of particular engineering requirements;

b. To ensure the development complies in all respects with the

requirements of the Council's Planning Scheme, Development Manual and good engineering practice; and


Bruce Highway

Greer Road

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approval and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.


stormwater from the property is directed to a lawful point of discharge, nominally being Greer Road such that is does not adversely affect surrounding properties, all the requirements and satisfaction of the Chief Executive Officer.

Electricity and Telecommunications 4. The applicant/owner must provide written evidence of negotiations with

the electricity supply and telecommunication authorities that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.


existing services for the subject land. In any instance where the existing services are contained within another lot, then the applicant shall either:


services, which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the lot.





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3. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

B. That Council dispense with the minimum lot size of 40 hectares in this

instance, in accordance with Part E Section 2.1.1 of the Planning Scheme for the Balance of the City of Cairns.

EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land within the Rural zone into 1 rural lot and one lot to contain Council water infrastructure at Greer Road, Miriwinni. The proposed reconfiguration will contribute to Council’s ability to deliver water supply to suburb of Miriwinni, and is recommended for approval subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for reconfiguration of land described as Lot 2 on RP836966 having an area of 31.4 hectares into two lots, with an area for proposed Lot 2 of 31.3 hectares and for proposed Lot 5 of 477m2. The excising of proposed Lot 5 is necessary for Cairns Water to construct a reservoir, to store water from Pughs Creek, for delivery to customers in the Miriwinni area. The site currently of proposed Lot 5 is vacant. The proposed plan is attached as Appendix 1. The proposed reconfiguration will result in two allotments that further Council’s ability to deliver services to Miriwinni, and as such, is recommended for approval. Impact of Proposal Planning Scheme Provisions Proposed Development Compliance

General Intent of Zone – Rural

The proposed development does not negatively impact upon the desired intent of the Rural zone.

Complies

Intent of Strategic Plan – Rural

The proposed development does not affect the Strategic intent of the Rural designation in the Strategic Plan.

Complies

Table E-1 Minimum Lot Size – Rural – 40 hectares

The proposed reconfiguration will create 1 lot of area 31.3 ha and 1 lot of area 477m2.

As the proposed reconfiguration will further Council’s ability to provide services to the Miriwinni area, Recommendation B has been proposed to dispense with the minimum lot size requirements of the Planning Scheme.

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Minimum Dimensions 250 metres x 250 metres

The proposed reconfiguration will create two lots capable of containing a minimum rectangle of the following dimensions: Lot 2: 583.5m x 503.6m Lot 5: 18.5m x 24.2m

Lot 2 Complies. As the proposed reconfiguration will further Council’s ability to provide services to the Miriwinni area, Recommendation B has been proposed to dispense with the minimum dimension requirements of the Planning Scheme.

HEADWORKS / CONTRIBUTIONS: The proposed development is not creating a Residential lot. The purpose is for a reservoir for use by the Council. No demand is generated from the proposed reconfiguration and as such, no headworks charges are applicable. Rohan Lee Planning Officer Action Officer Peter Tabulo General Manager City Development

180


Appendix 1

181


182



15 APRIL 2004

23

RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 8 HERON CLOSE, KEWARRA BEACH – DIVISION 11 Rohan Lee: 8/13/763 : #769975

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 2 LOTS) APPLICANT: ALAN DARCH C/- C&B GROUP PO BOX 1949 CAIRNS QLD 4870 LOCATION: 8 HERON CLOSE, KEWARRA BEACH PROPERTY: LOT 4 ON RP737555, PARISH OF SMITHFIELD ZONE: RESIDENTIAL 1 STRATEGIC PLAN: URBAN DCP: HILLSLOPES CATEGORY A REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 30 APRIL 2004 DIVISION: 11 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:

That Council approve the application to reconfigure land (1 Lot into 2 Lots) described as Lot 4 on RP737555, Parish of Smithfield, located at 8 Heron Close, Kewarra Beach subject to the following conditions: Assessment Manager Conditions 1. The proposed Plan of Development Drawing No. 8234-01, dated 27 March

2004 and prepared by C&B Group Pty Ltd, Cairns, is approved subject to any alterations:


Engineering Plan or during the construction of the development because of particular engineering requirements;

b. To ensure the development complies in all respects with the

requirements of the Council's Planning Scheme, Development Manual and good engineering practice; and


184







payment. On the present method of calculation, the estimated total headworks contributions are $3,086.52 (0.80 EDCs) for water and $3,647.45 (1.0 EDC) for sewerage.

Payment is required prior to the approval and dating of the Plan of Survey. Traffic Management Contributions 4. The applicant/owner must contribute towards Council’s Traffic


The contribution rate is that which is current at the time of payment. The current rate of contributions is $2,194.14 (1.0 ERA). Payment is required prior to the approval and dating of the Plan of Survey.

Drainage Contributions 5. The applicant/owner must contribute towards the improvement of

stormwater quality in accordance with the Draft Trunk Infrastructure Contributions Policy.

The contributions rate is that which is current at the time of payment. The

current rate of contributions $565.81 (0.1918 ECA x $2,950.00/Equivalent Hectare) for Water Quality. Payment is required prior to the approval and dating of the Plan of Survey.

Water Supply and Sewerage Works 6. Proposed Lot 21 must be provided with a single internal sewer connection in

accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

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Three (3) copies of a plan of the works must be submitted to and endorsed by the Chief Executive Officer. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

Lawful Point of Discharge 7. The applicant/owner must ensure that the flow of all external stormwater

from the property is directed to a lawful point of discharge, nominally being Heron Close such that it does not adversely affect surrounding properties, all to the requirements and satisfaction of the Chief Executive Officer.

Electricity and Telecommunications 8. The applicant/owner must provide written evidence of negotiations with the

electricity supply and telecommunication authorities that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.

General External Works 9. The applicant/owner must at its own cost undertake the following works

external to the subject land: a. Provision of a concrete crossover(s) and apron(s) to each lot in

accordance with Council Standard Drawing S1015. b. Make good the kerb(s) at redundant crossover(s); and

Three (3) copies of a plan of the works must be submitted to Council and endorsed by the Chief Executive Officer prior to the commencement of works. Such works must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to approval and dating of the Plan of Survey.

Minimum Fill Required 10. All habitable floor levels in all new buildings must be located 300mm above

the Q100 flood immunity level of 3.40 metres AHD or the minimum fill level of 3.40 metres AHS (whichever is the greater), in accordance with Development Manual and Planning Scheme requirements.



186


a. Relocate the services to comply with this requirement; or b. Arrange the registration of the necessary easements over the services,

which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the lot.

Demolish Structures 12. All structures not associated with the approved development (including

disused services, tennis courts and utilities) must be demolished and/or removed from the subject land prior to approval and dating of the Plan of Survey.







EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land within the Residential 1 zone into 2 residential lots at Heron Close, Kewarra Beach. The proposed development demonstrates compliance with the performance standards and provisions of the Planning Scheme, and is recommended for approval subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for reconfiguration of land described as Lot 4 on RP737555 having an area of 1918m2 into two lots, with an area for proposed Lot 20 of 850m2 and for proposed Lot 21 of 1068m2. The site has road frontage to Heron Close and is located adjacent to open space at the rear of the property. The site currently contains a tennis court located at the front of the property. The proposed plan is attached as Appendix 1.

187


Residential land uses surround the subject site. The proposed reconfiguration will result in two allotments that demonstrate compliance with all relevant provisions of the Planning Scheme. Impact of Proposal Planning Scheme Provisions Proposed Development Compliance General Intent of Zone – Residential 1

The proposed development furthers the intent of the Residential 1 zone to facilitate residential development.

Complies

Intent of Strategic Plan – Urban

In accordance with the Strategic intent of the Urban designation of the Strategic Plan.

Complies

Table E-1 Minimum Lot Size – Residential 1 Minimum Area 600m2

The proposed reconfiguration will create 2 lots: Proposed Lot 20: 850m2 Proposed Lot 21: 1068m2

Complies

Minimum Dimensions 20 metres x 15 metres

Both of the proposed allotments are capable of containing the minimum dimension requirements. Lot 20: 26.4m x 37.6m Lot 21: 30.2m x 28.7m

Complies

HEADWORKS / CONTRIBUTIONS: The proposed development triggers the following contributions.

Element Comment Calculation Contribution Water Supply

District 4: $3,858.15/EDC 1 Residential Lot >401m2 - 900 m2 – 1.0 EDC 1 Residential Lot >901m2 - 1100 m2 – 1.1 EDC Less credit for existing lot >1500m2–1.3 EDC Net Demand: 0.8 EDC

0.8 EDC x $3,858.15

$3.086.52

Sewerage District 5: $3,647.45/EDC 1 Residential Lot >401m2 - 900 m2 – 1.0 EDC 1 Residential Lot >901m2 - 1100 m2 – 1.0 EDC Less credit for existing lot >1500m2–1.0 EDC Net Demand: 1.0 EDC

1.0 EDC x $3,647.45

$3,647.45

Traffic District 11: $2,190.14/ERA Trinity Kewarra Traffic Management Plan 2 Single Dwellings – 2.0 ERA Less Credit for existing Single Dwelling – 1.0 ERA Net Demand: 1.0 ERA

1.0 ERA x $2,190.14

$2,190.14

Drainage - Mitigation

No applicable Drainage Management Plan No contributions sought

Nil

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Drainage – Water Quality

District 5: $2,950.00/hectare – Water Quality Deep Creek – Kewarra Beach Catchment Residential 1 – Relative Impermeability Factor: 1.0 Subject Site Area: 0.1918 hectares Equivalent Contributing Area (ECA): 0.1918 x 1.0 Net Demand: 0.1918 ECA

0.1918 ECA x $2950.00

$565.81

Open Space

Land Previously Surrendered.

No contributions sought.

Nil

Rohan Lee Planning Officer Action Officer P M Tabulo General Manager City Development

189


Appendix 1

190


191



15 APRIL 2004

24

RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 27 HARVEY ROAD, REDLYNCH – DIVISION 12 Kym Watton: 8/13/744-01 : #770742

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 2 LOTS) APPLICANT: PETER R GELLING C/- CHARLES O’NEILL PTY LTD SURVEYORS PO BOX 5246 CAIRNS QLD 4860 LOCATION: 27 HARVEY ROAD, REDLYNCH PROPERTY: LOT 5 ON RP744155, PARISH OF CAIRNS ZONE: LOW DENSITY RESIDENTIAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: HILLSLOPES DCP – CATEGORY A -

UNCONSTRAINED REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 15 APRIL 2004 DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN

192


LOCALITY PLAN

RECOMMENDATION:


on RP744155 located at Harvey Road, Redlynch into two (2) lots subject to the following conditions:

Assessment Manager Conditions 1. The proposed Plan of Development Drawing No. 6546GEL-01 Rev A

dated 5 February 2004 and prepared by Charles O’Neill Pty Ltd Surveyors is approved subject to any alterations:






193




Water Supply Contributions 3. The applicant/owner must contribute in accordance with Council's

policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply headworks.


payment. On the present method of calculation, the estimated total headworks contributions are $5,193.64 (1.30 EDCs) for water.

Payment is required prior to the approval and dating of the Survey Plan. Drainage Contributions 4. The applicant/owner must contribute towards the augmentation of

stormwater drainage services and associated services in accordance with the Freshwater Creek Drainage Management Plan.


The current rate of contribution is $525.71 ($262.86/Lot). Payment is required prior to the approval and dating of the Survey Plan.




The current rate of contribution is $248.31 (Relative Impermeability Factor x $733.00/Equivalent Hectare).


Survey. General External Works 6. The applicant/owner must at its own cost undertake the following works

external to the subject land:

a. Access to proposed Lot 52 shall be via Copeman Close; and

194


b. The applicant shall provide a Low Density Residential Culvert Crossover to Lot 52 in accordance with Council’s standard drawing S1105.

Three (3) copies of a plan of the works must be submitted and endorsed

by the Chief Executive Officer prior to the approval and dating of the Plan of Survey. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.


stormwater from the property is directed to a lawful point of discharge being Copeman Close 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.




services which are located within another lot prior to or in conjunction with the submission of the plan of Survey creating the Lot.


the electricity supply and telecommunications authorities that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.

Miscellaneous 10. The common boundary between proposed Lot 51 and 52 must be re-

aligned in order to create regular shaped allotments to the satisfaction of the Chief Executive Officer.

195



Act 1997, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.





B. That the following notation be placed on Council’s future rates record in

respect of proposed Lot 51 and proposed Lot 52:-

“The owner(s) of this property will be required to adopt the recommendations for on-site effluent disposal as detailed within the hydraulics report prepared by Ganza Consulting Services received by Council with the application on 17 February 2004, (Document Number 756637).”

EXECUTIVE SUMMARY: Council is in receipt of an application for Reconfiguring a Lot (1 Lot into 2 Lots), located at 27 Harvey Road, Redlynch. The proposed development is in accordance with the performance standards and provisions of the Planning Scheme and is recommended for approval subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for the reconfiguration of land described as Lot 5 on RP744155, located at 27 Harvey Road, Redlynch having an area of 8,469m2 into two (2) lots with areas of 4,301m2 (Proposed Lot 51) and 4,168m2 (Proposed Lot 52). The subject site has an approximate frontage of 24m to Harvey Road and 137m to Copeman Close. The subject site is currently improved by a concrete block house which will be contained within proposed Lot 51. Both of the proposed allotments will be accessed via Copeman Close.

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Planning Scheme Provisions

Planning Scheme

Provisions

Requirements Complies Yes/No

Comments

Intent of Zone

Low Density Residential

Yes

Intent of Strategic Plan

Low Density Residential

Yes

Intent of DCP

Hillslopes DCP – Category A -

Unconstrained

Yes

Table E-1 Requirements Proposal Comments Minimum Lot size

4,000m2 Lot 51 – 4,101m2 Lot 52 – 4,000m2

The proposed reconfiguration will create two allotments that comply with this provision.

Minimum Dimensions

40m x 50m No Neither of the proposed allotments are capable of containing the minimum dimension requirements.

Minimum Dimension Requirements Table E-1 of the Planning Scheme for the Balance of the City of Cairns requires that allotments within the Low Density Residential zone contain an area of 4,000m2 and must be capable of containing a complete rectangle measuring 40m x 50m. The proposed reconfiguration will create two allotments that are capable of complying with the minimum area requirement; however, neither of the proposed allotments are capable of complying with the minimum dimension requirement. Both of the proposed allotments are capable of containing a slightly truncated 40m x 50m rectangle. Section 2.0 of the Planning Scheme states that Council may modify the provisions contained in Table E-1 having regard to the suitability of the proposed allotment for its intended development. The proposed reconfiguration is considered suitable as the common boundary between proposed Lot 51 and 52 was determined having regard to the existing house, driveway and vegetation on the subject site. If the boundary was moved to ensure the proposed allotments compliance with the minimum dimension requirement it would be immaterial as it would only be reflected on the plan, and would not reflect the subject site. The extent of the dispensation required is minimal and it is recommended that Council exercise its discretion in this instance. The location of the boundary between the proposed allotments is suitable and practical, and Council has on previous occasions exercised its discretion having regard to the suitability of the proposed developments for its intended development.

197


Whilst the reconfiguration as proposed is in accordance with the minimum area prescribed by the Planning Scheme, a preferred configuration for the proposed allotments is to adjust the common boundary between proposed Lot 51 and Lot 52 in order to create regular shaped allotments. Due to the location of the proposed common boundary it is anticipated that slight readjustments to the boundary would be required in order to create more regular shaped allotments. Furthermore, given the size of the allotment, it is anticipated that the adjustments to the boundary will not affect the allotments ability to comply with the minimum area requirement. On-Site Sewerage Disposal The applicant has provided sufficient information in relation to compliance with the Code of Practice for On-site Sewerage Disposal; therefore a condition has been included requiring that the land owner adopt the recommendations for on-site effluent disposal as detailed within the hydraulics report prepared by Ganza Consulting Services received by Council on 6 February 2004.” Impact of Proposal The impact of the proposed development is likely to be minimal due to its minor nature as it is for the reconfiguration of a lot, which will result in the creation of one (1) additional allotment. HEADWORKS / CONTRIBUTIONS: Element Comment Calculation Contribution Water Supply District: Crystal Cascades: $3,995.11/EDC

2 x residential lot >1,500m2 – 2.60 EDC less credit for existing residential lot >1,500m2 – 1.30 EDC Net Demand: 1.30 EDC

1.30 EDC x $3,995.11

$5,193.64

Sewerage Not connected to Council’s sewerage infrastructure

No contributions sought

Not Applicable

Traffic District: Redlynch Valley: $2,108.34/ERA 2 x single dwellings – 2.0 ERA less credit for existing dwelling – 1.0 ERA Net Demand: 1.0 ERA

1.0 ERA x $2,108.34

$2,108.34

Drainage Freshwater Creek Drainage Management Plan $262.86/lot Draft Trunk Infrastructure Plan $733/Ha RIF – 0.4 0.8469 ha

2 x $262.86 $733.00 x 0.4 = 293.20 x 0.8469

$525.71

$248.31

Open Space Land previously dedicated to park land – Lot 50 NR7640 & Lot 49 NR7898

Not Applicable Nil

Kym Watton P M Tabulo Planning Officer General Manager City Development Action Officer

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Appendix 1

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15 APRIL 2004

25

RECONFIGURING A LOT (1 LOT INTO 2 LOTS) – 51-59 HARVEY ROAD, REDLYNCH – DIVISION 12 Peter Boyd: 8/13/716-01 : #770838

PROPOSAL: RECONFIGURING 1 LOT INTO 2 LOTS APPLICANT: R & K PALMER C/- CHARLES O’NEILL PTY LTD PO BOX 5246 CAIRNS QLD 4870 LOCATION: 51-59 HARVEY ROAD, REDLYNCH PROPERTY: LOT 10 ON RP727294, PARISH OF CAIRNS ZONE: LOW DENSITY RESIDENTIAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: HILLSLOPES DCP – CATEGORY B REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 22 APRIL 2004 DIVISION: 12 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:


on RP727294, Parish of Cairns, located at 51-59 Harvey Road, Redlynch, into 2 lots, subject to the following conditions:-

Assessment Manager Conditions

1. The proposed Plan 6652PAL-01 Issue A dated 23 March 2004 is

approved subject to any alterations:

a. Found necessary by the Council at the time of examination of the Engineering Plans or during the construction of the development because of particular engineering requirements;




Redlynch Connection Road

Redlynch Intake Road

Harvey Road

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Water Supply Contributions 3. The applicant/owner must contribute in accordance with Council's

policy provided for as per Section 6.2 of the Local Government (Planning and Environment) Act 1990 towards the provision of water supply headworks.


payment. On the present method of calculation, the estimated total headworks contribution is $3,942.79 (1.3 EDCs) for water.

Payment is required prior to approval and dating the Plan of Survey. Drainage Contributions 4. The applicant/owner must contribute towards the augmentation of

stormwater drainage services and associated services in accordance with Freshwater Creek Drainage Management Plan.


The current rate of contribution is $259 ($259/lot). Payment is required prior to the approval and dating of the Plan of Survey.




The current rate of contribution is $2,708.10 (Relative Impermeability Factor x $2,950.00/Equivalent Hectare).


Survey. Traffic Management Contributions 6. The applicant/owner must contribute towards Council's Traffic


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The current rate of contribution is $2,108.34 (1 ERA). Payment is required prior to the approval and dating of the Plan of Survey.

Lawful Point of Discharge 7. The applicant / owner must ensure that the flow of all external

stormwater from the property is directed to a lawful point of discharge being nominally Harvey Road 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.

On-site Sewerage Disposal 8. The applicant must provide on-site sewerage disposal for the proposed

allotment in accordance with the recommendations contained in the Solar Energy Equipment Pty Ltd report submitted to Council.

Landscaping 9. Existing vegetation must be retained and only be removed with the

written consent of the Chief Executive Officer. Council’s City Assessment Branch is to be notified of the proposed date of commencement of any approved tree clearing.

Building Envelope Plans 10. The applicant/owner must lodge formal building envelope plans for

proposed Lots 2 with Council prior to the approval and dating of the Plan of Survey. The building setback plans must comply with the following requirements:

a. The building envelope plan must not include areas within or

steeper than the 1 in 3 slope; b. Must be consistent with the application to Council; c. No building envelope shall extend into an existing or proposed

easement. The applicant/owner must also ensure that the endorsed building

setback plans are made known to all prospective purchasers of these lots.

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Building In Hillslopes Areas 11. For building within the hillslopes areas, ie, on proposed Lot 2, the

exterior building colours and materials must be non-reflective and blend with the natural colours of the surrounding environment. Details of the proposed materials and colour scheme for the external walls, features and roof must be submitted at the time of lodgement of a development application for building works and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. The applicant/owner must also ensure that the above building exterior requirements are made known to all prospective purchasers.

Easement Over Other Property 12. The applicant/owner must, at their own cost, provide reciprocal access

easements over proposed Lot 1 in favour of proposed Lot 2 to allow vehicle access and on-site manoeuvring for both properties, to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of the Council's solicitors at the expense of the owner. The easement documents must be lodged and registered in the Department of Natural Resources, Mines and Energy immediately following the approval and dating of the Plan of Survey.


the electricity supply and telecommunications authorities that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.




services which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the Lot.

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B. That the following notation be placed on Council’s future rates record in

respect of proposed Lot 111:-

“The owner(s) of this property will be required to adopt the recommendations for on-site effluent disposal as detailed within the hydraulics report prepared by Solar Energy Equipment Pty Ltd.”.

EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land within the Low Density Residential zone into 2 residential lots at 51-59 Harvey Road, Redlynch. The proposed development demonstrates compliance with the performance standards and provisions of the Planning Scheme for the Balance of the City of Cairns and is recommended for approval subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for reconfiguration of land described as Lot 10 on RP727294 having an area of 22,950m² into two lots with areas of 16,200m² (Lot 1) and 6,813m² (Lot 2). The proposed development will result in both allotments having frontage to Harvey Road, one being a battle-axe shaped allotment and one regular shaped allotment. The regular shaped allotment contains an existing residential dwelling and associated services. The proposed reconfiguration will result in two allotments that demonstrate compliance with all relevant Planning Scheme provisions.

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State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide The site is identified in the Draft CairnsPlan as having a ‘Medium Bushfire Risk’. The proposed development complies with State Planning Policy 1/03. These acceptable measures contained in SPP 1/03 are consistent with the Natural Hazard (Bushfire) Management Code contained in the Draft CairnsPlan and include the maximisation of firebreaks between dwellings and vegetation. This aims to reduce the possible impacts on people, property and the environment that may result from bushfire. The geotechnical report submitted to Council satisfies the acceptable solutions contained in the Policy as it indicates that the site is not subject to landslide hazard or flood events. Planning Scheme Provisions



Intent of Zone Low Density Residential

Yes

Intent of Strategic Plan Low Density Residential

Yes

Intent of DCP Hillslopes Category B Yes Minimum Lot size 4,000m² Yes Minimum Rectangle 40m x 50m Yes

HEADWORKS / CONTRIBUTIONS: The following developer contributions are applicable for the proposed development.

Element Comment Calculation Contribution Water Supply District 7: $3,032.91/EDC

2 lots >1,500m² - 2.6 EDC Less credit for existing lot >1,500m² – 1.30 EDCs Net Demand: 1.3 EDCs

1.3 EDCs x $3,032.91

$3,942.79

Sewerage Not connected to Council’s Sewerage Network

Not Applicable Nil

Traffic Redlynch Valley District: $2,108.34 2 x single dwellings – 2 ERA Less credit for existing single dwelling – 1 ERA Net Demand: 1 ERA

1 x 2,108.34 $2,108.34

Drainage Freshwater Creek DMP - $259 per lot 1 new lots Draft trunk Infrastructure Plan $2,950/Ha 2.295 Ha Relative Impermeability factor – 0.4

1 x $259 0.4 x ($2,950 x 2.295 Ha)

$259 $2,708.10

Open Space Open space previously provided

Not Applicable Nil

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Peter Boyd Planning Officer Action Officer P M Tabulo General Manager City Development

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APPENDIX 1

208



15 APRIL 2004

26

RECONFIGURING A LOT (2 LOTS INTO 3 LOTS) – AND AN EASEMENT – ABBOTT, APLIN, LAKE AND FLORENCE STREETS – CAIRNS CITY - DIVISION 6 Neil Beck: 8/13/767-01 : #772863

PROPOSAL: RECONFIGURING A LOT (2 LOTS INTO 3

LOTS) APPLICANT: SMART PROPERTY (AUST) PTY LTD C/- C & B GROUP PTY LTD P O BOX 1949 CAIRNS Q 4870 LOCATION: 122 LAKE STREET, CAIRNS PROPERTY: LOT 788 ON C1983 AND LOT 21 ON C198136

PARISH OF CAIRNS ZONE: CENTRAL BUSINESS STRATEGIC PLAN: CENTRAL BUSINESS DISTRICT DCP: DCP1 – RESIDENTIAL DENSITIES DCP 2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 2 REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 16 APRIL 2004 DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN

209


LOCALITY PLAN

RECOMMENDATION:

That Council approve the application to reconfigure land described as Lot 788 on C1983 and Lot 21 on C198136, Parish of Cairns, located at 122 Lake Street, Cairns into 3 lots and an easement, subject to the following conditions:- Assessment Manager Conditions 1. The proposal plan being Drawing No. 8085-1 prepared by C & B Group and

as submitted to Council on 19 March 2004, is approved subject to any alterations:






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payment. On the present method of calculation, the estimated total headworks contributions are $2,802.31 (3.00 EDCs) for water, and nil for sewerage.

Payment is required prior to approval and dating the Plan of Survey. Stormwater Quality Contributions 4. The applicant/owner must contribute towards the improvement of


The contribution rate is that which is current at the time of payment. The

current rate of contribution is $11,936.88 (Relative Impermeability Factor x $2,950.00/Equivalent Hectare).

Payment is required prior to the approval and dating of the Plan of Survey. Park Contribution In Lieu Of Land 5. The applicant/owner is to make a monetary contribution for the additional

lots towards the provision of or upgrading of parks and reserves in accordance with the provisions of Council's planning scheme and Section 5.6 of the Local Government (Planning and Environment) Act 1990. The contribution must be paid prior to approval and dating the Plans of Survey.

The contribution must be paid at 5% of the unimproved capital value of the

subject land applicable at the time of payment. On the present method of calculation, the estimated total parkland contribution is $345,000.

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Water Supply and Sewerage Works 6. The applicant/owner must carry out any necessary relocation of water

supply and sewerage works such that those services to Lot 202 do not traverse Lots 201 or 203.

Each allotment must be provided with a single internal sewer connection in

accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

Three (3) copies of a plan of the works must be submitted to and endorsed

by the Chief Executive Officer. All works must be carried out in accordance with the approved plans, to the

requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the prior to the approval and dating of the Plan of Survey.

Lawful Point of Discharge 7. The applicant/ lots is directed to a lawful point of discharge being the

frontage streets or the drainage easement, 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.

Minimum Fill And Habitable Floor Levels 8. All habitable floor levels in all buildings must be located 300mm above the

Q100 flood immunity level of 3.8 metres AHD, in accordance with Development Manual and Planning Scheme requirements.

General External Works 9. The applicant/owner must at its own cost undertake the following works

external to the subject land: a. Extend the bitumen seal on the Florence Street frontage; and b. Replace damaged sections of the existing kerb and channel on all road

frontages.

Three (3) copies of a plan of the works must be submitted to Council and endorsed by the Chief Executive Officer prior to commencement of works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

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Easement 10. The applicant/owner must, at their own cost, create a reciprocal easement

over proposed Lot 201 in favour of proposed Lot 202 as depicted on Drawing No. 8085-1 prepared by C & B Group, to allow access to the car park. The easement documents must be registered with the Department of Natural Resources and Mines immediately following the signing and sealing of the Plan of Survey.

Electricity and Telecommunications

11. The applicant/owner must provide written evidence of negotiations with the

electricity supply and telecommunications authorities that services will be provided to the development. Such evidence to be provided prior to the approval and dating of the Plan of Survey.







EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land occupied by the Oasis Resort at 122 Lake Street Cairns. The existing resort was originally to be Stage 1 of the development. Stage 2 was approved but did not proceed. Part of the Stage 1 approval included a condition requiring some surface level parking and this proposal has that area within an easement over one of the new lots. When that new lot is developed, the car parking within the proposed easement will have to be included within that development. The three lots and the easement comply with the provisions of the Planning Scheme and approval is recommend, subject to conditions.

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TOWN PLANNING CONSIDERATIONS: Proposal The proposed reconfiguration results in the Oasis Resort on a lot of 12358m². The lot facing Aplin Street would have an area of 4000m² and the lot facing Florence Street an area of 4002m². It is this lot that will contain the easement for the surface level car parking in favour of proposed Lot 202. The three proposed lots comply with the intent of the Central Business Zone and the Planning Scheme. Planning Scheme Provisions



Intent of Zone Central Business Yes Intent of Strategic Plan Central Business District Yes Intent of DCP DCP 1 – 800ppha

DCP2- Height of Buildings

Yes Yes

Table 3 Requirements Proposal Minimum Lot Size 200m² Yes Minimum Dimensions 10m x 20m Yes

HEADWORKS / CONTRIBUTIONS: The following developer contributions are applicable for the proposed development.

Element Comment Calculation Contribution Water District 10 Inner City: $934.10/EDC

3 lots Industry/Commercial 6.00 EDC’s Less credit 2 x lots Industry/Commercial 3.0 EDC’s Net Demand: 3.00 EDC’s

3.00 EDC x $934.10 $2,802.31

Drainage Water Quality $2,950/Ha Relative Impermeability Factor - 2

2 x ($2,950 x 2.0232 Ha)

$11,936.88

Open Space

1 new lot 5% of UCV : $6,900.000.000

5% of $6,900.000.00 $345,000.00

The C & B Group, as agents for the applicant, were advised of the amount of the open space contribution and responded with a submission based on the following: a. the reconfiguration is just a mechanism for staged development to provide for

some future use; b. the site could have been developed, without the reconfiguration, and no

contribution would be payable;

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c. an open space contribution is not mandatory under the Act or the Scheme, Council

being empowered to require a contribution; and d. on site open space will be provided in any redevelopment and any “shortfall”

should be assessed at that time. The contribution shown in the Table has been calculated in accordance with Council’s adopted Open Space Policy. Neil Beck Team Leader Action Officer P M Tabulo General Manager – City Development

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APPENDIX 1

216



15 APRIL 2004

27

RECONFIGURING A LOT (1 LOT INTO 53 LOTS AND DRAINAGE RESERVE) – MAYFLOWER & PERCY STREETS, MOUNT SHERIDAN – DIVISION 3 Neil Beck: 8/13/656-01 : #764167

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 53 LOTS

AND DRAINAGE RESERVE BEING STAGE 7A2 7A3, 8A1 AND 8A2)

APPLICANT: SILVERSTON PTY LTD C/- PETER ROBINSON PLANNER P O BOX 4751 CAIRNS Q 4870 LOCATION: MAYFLOWER AND PERCY STREETS, MOUNT

SHERIDAN PROPERTY: PART OF LOT 900 ON SP158383, PARISH OF

GRAFTON ZONE: RESIDENTIAL 1 STRATEGIC PLAN: URBAN DCP: HILLSLOPES CATEGORY B CONSTRAINED REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT 19 APRIL 2003 DEADLINE: DIVISION: 3 APPENDIX: 1. SITE LAYOUT PLANS 2. ENGINEERING PLANS

217


LOCALITY PLAN

RECOMMENDATION

A. That Council approve the application to reconfigure land (1 Lot into 53

Residential Lots and 3 Drainage Reserves) described as part of Lot 900 on SP158383, Parish of Grafton, located at Mayflower and Percy Streets, Mount Sheridan subject to the following conditions:- Assessment Manager Conditions 1. The proposal plans as submitted with the application being Plans No.

30119/045A, 30119/048B, 30119/046A and 30119/047A dated 14 & 16 July, 2003 prepared by Brazier Motti Pty Ltd and Bruce & Associates Consulting Engineer Plans 3061-C-3 and 3060-C-3A are approved subject to the alterations:-

a. Found necessary by the Chief Executive Officer at the time of

examination of the Engineering Plans or during construction of the development because of particular engineering requirements;

b. To ensure that the reconfiguration complies in all respects with

the requirements of Council’s Planning Scheme, Development Manual and good engineering practice; and


Stage 7A2

Stage 8A2

Stage 7A3

Stage 8A1

Existing Approval

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Proposal Plan Amendments 3. The applicant/owner must amend the plans to comply with the

following requirements:- a. Lots 256, 257 and 258 are to be redesigned as only two lots;

b. Lots 259, 260 and 261 are to be redesigned as only two lots;

c. Lots 262, 263 and 264 are to be redesigned as only two lots; d. Lots 267, 268 and 269 are to be redesigned as only two lots; e. The proposed Drainage Easement between Lots 215 and 216 and

between 216 and 217 must be dedicated as Drainage Reserve; f. Plans are to be submitted showing building envelopes of 15 metres

by 20 metres over Lots 207 to 219 and all new lots in the area now covered by proposed Lots 256 to 269 and proposed Lots 272, 273 and 275; and

g. Amend the boundaries of the proposed lots, where necessary, to

ensure the building envelopes of 15 metres by 20 metres are able to be positioned on each lot.


endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.


to the requirements and satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

4. Access and Services

The applicant/owner must amend the plans to comply with the following requirements:-

a. demonstrate that the grades of access driveways to any of the

proposed lots does not exceed 25% (with particular regard to the top end of the access to proposed Lots 270, 271 and 274. The natural surface of Lot 274 rises 3 metres in 6 metres;

219


b. The cut or fill batters for access driveways must be contained

within each respective allotment; c. All stormwater pipes must be contained within each respective

allotment with no encroachment within any other lot or across the frontage of adjacent lots;

e. To ensure that no stormwater kerb inlet pits are located in front of

driveways; f. Show all required service conduits to rear lots will be laid adjacent

to the driveway together with associated access pits if necessary, to extend from the front alignment to the further end of the access driveway. These conduits to be shown as being constructed at the operational works stage as later excavations or trenching will not be approved; and

g. If required, (to mitigate against excessive grades) steps are to be

provided public pathway between Lots 213 and 214 to ensure that the pathway is accessible for pedestrians at acceptable grades. Any services or conduits must be provided at the construction stage.



All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

Driveway Construction 5. The applicant/owner must undertake the following works internal to the

residential development:- a. All driveways to rear allotments must be constructed with

concrete or other approved surface with a minimum width of 3.5 metres complete with barrier kerb and channel on both sides of the driveway for vehicle safety and drainage purposes. The maximum driveway longitudinal grade must not exceed 25%. The driveway must be constructed in such a manner, where possible, as to ensure that the crossfall of the driveway is directed towards the hill. Sufficient area adjacent the building envelope must be provided to allow manoeuvring for emergency service vehicles.

220


b. An adequate driveway drainage system must be constructed to

cater for 2 year ARI rainfall events, including stormwater collection pits, kerb and channelling and underground pipes and be directed to a lawful point of discharge to the satisfaction of the Chief Executive Officer. A stormwater collection device (trench, grate or pit) must be installed at the intersection of all proposed driveways with a Council Road and must be of sufficient capacity to accommodate 2 year ARI flows discharging from the subject land. The stormwater pit must be connected to the lawful point of discharge and or adjacent stormwater infrastructure via an underground stormwater connection subject to the satisfaction of the Chief Executive Officer.

c. Driveways adjacent to each other must be provided with a physical

means of separation. Separation must be provided by a timber paling fence having a minimum height of 1.8 metres along the full length of the access driveways. All fencing shall be designed to cater for vehicle safety and site distance requirements.



All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

Landscaping 6. The applicant/owner is to assess the endemic remnant vegetation and

that vegetation in the Hillslopes B and C Category areas, as determined by the slope, is to be retained outside the building pads and access driveways.

7. The applicant/owner must landscape the subject land and street

frontage in accordance with Development Manual, Part 4 - Landscaping and in accordance with a landscape plan submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. In particular, the plan must show:

a. The retention of as many existing trees and shrubs as possible

and further planting of trees and shrubs; b. Planting of the footpath with trees, using appropriate species with

regard to any overhead powerline constraints; and

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c. Inclusion of all requirements as detailed in other relevant

conditions included in this Approval, with a copy of this Development Approval to be given to the applicant’s Landscape Architect/Designer.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be

submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

8. Prior to the commencement of any works on site, the applicant shall

ensure that any African Tulip trees (Spathodea companulata) contained on the site are removed.

All African Tulips above 10cm in diameter shall be chainsawed. The stump shall be ground down, grubbed and painted with a strong systemic herbicide and any regrowth of the stump monitored. If any regrowth persists or suckers begin to grow, the stump should be stem injected with a systemic herbicide. Small trees of 10cm or less can be directly poisoned or by drilling a stem injection of systemic herbicide. A follow up and monitoring protocol of 3 monthly intervals will be needed to determine the success of the original application and follow up herbicide applied in either of the above methods repeated.

Landscaping Establishment 9. Areas to be landscaped must be established prior to the approval and

dating of the Plan of Survey and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Water Supply and Sewerage Contributions 10. The applicant/owner must contribute in accordance with Council's


The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions for 49 lots are $74,371.17 (25.10 EDC’s) for water and $45,394.70 (21 EDC’s) for sewerage.

Payment is required prior to approval and dating the Plan of Survey.

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Traffic Contributions 11. The applicant/owner must contribute towards Council's Traffic


The contribution rate is that which is current at the time of payment. The current rate of contribution for 49 lots is $99,845.00 (49 ERA’s). Payment is required prior to approval and dating the Plan of Survey.

Drainage Contributions 12. The applicant/owner must contribute towards the mitigation component

of the augmentation of stormwater drainage services and associated services in accordance with the Skeleton Creek Drainage Management Plan or Drainage Management Plan applicable at the time of payment.

The contribution rate is that which is current at the time of payment. The current rate of contribution is $18, 477.51 ($2,056.71/HA). Payment is required prior to the approval and dating of the Plan of Survey.

Water Supply and Sewerage Works External 13. The applicant/owner must carry out water supply and sewerage works

external to the development to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer. In particular, each allotment must be provided with a single internal sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

Drainage Works

14. The applicant/owner shall be required to implement stormwater

drainage measures (including earthworks and other drainage infrastructure), in accordance with the Bruce and Associates “Centenary Heights Estate Percy Street Catchment Drainage Report” dated 2 February 2004 and Council’s Development Manual.

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Where a discrepancy occurs between the approved Drainage Report, Council’s Development Manual and this Development Permit, then the Development Manual and this Development Permit prevails. The drainage infrastructure must be designed to ensure that peak flows from all stormwater events of a 100 year ARI are contained within the drainage system and directed to Mayflower Street and Percy Street via the proposed Drainage Easements & Drainage Reserves.

All pipes graded steeper than that permitted by the Queensland Urban Drainage Manual must be provided with manholes or other Council approved devices so as to comply with the minimum required grades.

Three (3) copies of a plan of the works must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Such works must be constructed in accordance with the endorsed plan and the approved drainage plan, to the satisfaction of the Chief Executive Officer and the Council’s Development Manual prior to approval and dating the Plan of Survey.


stormwater from the property is directed to a lawful point of discharge being the new road (Mayflower and Percy Street) or as determined at Operational Works stage 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.

Drainage Reserves

16. The applicant/owner must arrange for the transfer (registration of a

Drainage Reserve) to Council of the section of creek / gully as shown on the proposal plans and as determined by the approved Bruce and Associates Centenary Heights Estate Percy Street Catchment Drainage Report dated 2 February 2004. The Drainage Reserve must be transferred in conjunction with the registration of the Plan of Survey for each respective stage.

Drainage Easements (Underground Systems)

17 All drainage easements containing underground infrastructure shall be provided in accordance with the minimum width requirements as defined Section 2.5.15 of Council’s Development Manual.

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Drainage (Catch Drains) 18. The Drainage Easements located at the rear of Lots 207 to 212, 214 to

257 and 220 & 221, and between proposed Lots 258 – 262 and 265 and 267 – 269 and 286 and 270, and 272, 273 and 271 and 274-275, must be constructed with barrier kerb and channel or Council approved catch drain in accordance with Section 2.5.7 of Council’s Development Manual.

Any catch drains which have a change in horizontal alignment greater than 45 degrees shall be provided with concrete or wire-reinforced rock mattresses at such change points which shall be designed to cater for Q100 flows with suitable freeboard.

Three (3) copies of a plan of the works must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Such works must be constructed in accordance with the endorsed plan and the approved drainage plan, to the satisfaction of the Chief Executive Officer and the Council’s Development Manual prior to approval and dating the Plan of Survey.

Soil and Water Management Strategy 19. A Soil and water management strategy, in accordance with Council's

Development Manual must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Work.

Installation of SWM Measures

20. The soil and water management measures endorsed by the Chief Executive Officer 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 Council's Development Manual).

21. Geotechnical Report The applicant/owner is to provide preliminary geotechnical reports for

proposed lots with batters of having a height of greater than 1.5 metres in elevation or where the slope exceeds 33%. The preliminary geotechnical reports are to be lodged with the application for Operational Works. Final geotechnical reports are to be lodged with the Plan of Survey for all of the proposed lots covered in the preliminary reports.

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Services 22. The applicant/owner must provide written evidence of negotiations with

the electricity supply and telecommunications authorities that services will be provided to the development and within the conduits required by Condition 4 (f) prior to the approval and dating of the Plan of Survey.





3. All building site managers must take all actions necessary to ensure all

building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning is received and that the relevant emergency telephone contacts are provided to the Council Officers, prior to the commencement or works.



B. The following notations will be placed on Council's future rates record in

respect of Lots 207 to 219 and all new lots in the area now covered by proposed Lots 256 to 269 and Lots 272, 273 and 275.

a. The proposed future dwelling and buildings are to be sited within the

building setback plan, as detailed on plans held by Council. A copy of the building setback plan is available from Council.

EXECUTIVE SUMMARY Council is in receipt of an application to reconfigure land within the Residential 1 zone into 53 residential lots and 3 Drainage Reserves. The application represents the final stages of the ‘Centenary Heights Estate’ in Mt Sheridan being Stages 7A2, 7A3, 8A1 & 8A2. The allotments proposed are between 700m2 and 2375m2, with the larger lots to the west on steeper land. A Drainage Reserve is located at the end of Percy Street and an additional two more will be provided. A copy of the proposal plans are attached as Appendix 1. Some preliminary engineering drawings, Sheet C3 Job No 3061 and Sheet C3A Job No 3060 are attached at Appendix 2.

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Concern was raised with regard to the slope of the allotments, heights of the benching, drainage and access to a number of allotments. The applicant submitted the preliminary engineering drawings but some difficulties remain. Approval is recommended subject to conditions. Recommended conditions of approval will overcome concerns relating to the development of steep land, the stability of the benches, building platform areas and stormwater runoff. TOWN PLANNING CONSIDERATIONS Proposal The applicant requests a Development Permit to reconfigure the land creating 53 residential lots and Drainage Reserves. Most of the proposed residential lots have an area between 700m2 and 800m2 with some lots up to 2375m2 (as shown on the attached plans). The proposed subdivision is an extension of Mayflower and Percy Street and forms the completion of Centenary Heights Estate. Strategic Plan The site is included in the Urban Designation in the Strategic Plan. The proposed subdivision will create residential lots that can be made suitable for the development of single detached dwellings and is generally in accordance with the objectives and implementation criteria contained within the Strategic Plan. Land Zoning The subject site is included within the Residential 1 zone. The intent of the Residential 1 zone is to allow for residential development predominantly in the form of single detached dwellings. Table E-1 in the Planning Scheme specifies the requirements involved for the subdivision of land within the Residential 1 zone. The proposal meets these requirements with residential lots having areas in excess of 600m2. The layout and dimensions of some of the proposed lots are capable of containing a rectangle with dimensions 15m 20m within the boundaries of each allotment while other lots will need to be redesigned for access and the required house envelope that is clear of batter banks. The proposed reconfiguration is capable of being serviced with the appropriate infrastructure. The proposal has been assessed and is considered acceptable with the design amendments reflected in the conditions. Parkland The layout of the proposed development does not provide road frontage to the existing park, which is already contained within the Open Space zone and is Crown land with Council as trustee. The applicant has fulfilled the obligation towards the provision of open space for the entire estate and therefore Council is unable to request the further dedication of land.

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Hillslopes DCP The broad mapping of the Hillslopes DCP shows the site as Category B Constrained. The contours for the site show parts of Stages 7A-2, 7A-3 and 8A-2 are of a slope exceeding 33% or 1:3. Those parts of the site are therefore regarded as being Category C, as so expressed in the Development Control Plan. In support of the proposal, the applicant has submitted a planning report disputing that assessment and stating that the land can be benched and developed and that “in general the maximum height of any batter is 3 metres”. The following table shows the height of some of the batters proposed and the area of the proposed bench: Proposed Lot Batter Height Bench Area, Metres Comment 256 5 10 X 27 257 3 5 X 25 2 benches and 55m

long access drive 258 6 18 X 15 259 3 14 X 15 67m access drive 260 5 12 X 25 39m access drive 261 5 20 X 9 262 3 22 X 12 263 3.5 34 X 15 264 3 26 X 10 265 3 27 X 15 266 3.5 30 X 11 267 6 20 X 9.5 268 6 14 X 12 269 6 14 X 18 270 - 20 X 20 45m access drive 271 - 20 X 25 57m access drive 272 2 11 X 22 273 3 10 X 24 50m access drive 274 - 25 X 30 70m access drive 214 4 9 X 18 215 4 14 X 20 216 3 17 X 25 On fill/out 217 5 15 X 18 On fill/out 218 4 17 X 22 On fill/out 219 3 14 X 25 On fill/out Many of the proposed lots do not contain a 15m x 20m building envelope which could well result in future owners wanting to excavate further for pool areas and/or outbuildings. To overcome the steep slopes and high batter banks, the following is recommended:

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Proposed Lots 256, 257 and 258 should be two lots; Proposed Lots 259, 260 and 261 should be two lots; Proposed Lots 262, 263 and 264 should be two lots, and Proposed Lots 267, 268 and 269 should be two lots. Access drive grade problems exist with proposed Lot 270, the natural grade, for part of the drive is 1:1.8; proposed Lot 27 slopes at 1:3 and proposed Lot 274 slopes at 1:2. In addition, the batters of the driveway must be kept within each respective lot. Even though some of the cut and fill lots are cut and filled to each lot boundary, the usable width is less than 15 metres. This is evident on proposed Lots 207, 210, 211, 212, 214, 215, 217, 218 and 219. The recommended conditions of approval creates lots which are useable with improved access. Stormwater Concern had been raised with regard to drainage issues associated with an earlier stage of this estate and how stormwater will be managed in these stages of the development. The then remaining undeveloped land comprising Centenary Heights Estate is at the base of the ranges, which directs significant volumes of water down the numerous gullies and across the subject land. In order to address this concern, a recommended condition of the earlier approval required the applicant to prepare a stormwater drainage plan for that stage in addition to a drainage plan for the balance of the estate having regard to the developed catchment. The drainage plan for the balance of the estate had to be completed and approved by the Chief Executive Officer prior to the approval of any additional stages. The drainage plan has since been submitted and is considered satisfactory. The proposed layout included two easements for drainage purposes, however it is recommended that these be replaced by Drainage Reserves. Impact of Proposal Whilst the impact of the proposal on the amenity and the function of the surrounding community are now considered to be acceptable, concern is raised with regard to the proposed layout and the constraints of the land. The land is characterised by steep slopes. The layout of the proposed allotments has little regard to the steepness of the proposed lots and how each of lots will be accessed. As proposed, large amounts of earthworks would be required to construct the allotments, with a number of lots being accessed via exceptionally steep driveways. The proposed conditions are intended to minimise the impact and result in all lots being of an acceptable useable area with practical access. It is on this basis that approval of the development is recommended.

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HEADWORKS / CONTRIBUTIONS: The following contributions are applicable to the proposed development. Element Comment Calculation Contribution Water District 14: Edmonton West

$2,962.99/EDC Detached house 9 lots > 71500m² 4 lots 1101m² - 1500m² 9 lots 901m² - 1100m² 27 lots 401mv – 900m² 26.40 EDC Less Credit 1 Lot >1500 – 1.3 EDC Total Demand: 25.10 EDC’s

25.10 EDC’s $2,924.51

$74,371.17

Sewerage District 32: Edmonton $2,161.65/EDC Detached house 9 lots > 71500m² 4 lots 1101m² - 1500m² 9 lots 901m² - 1100m² 27 lots 401mv – 900m² Less Credit 1 Lot >1500 : 22.0 EDC Total Demand: 21.00 EDC’s

21 EDC’s $2,161.65

$45,394.70

Traffic Redhill to Edmonton District: No 33 $2,080.11/ ERA 48 Single Dwellings @ 1 ERA

48ERA’s $2,080.11 $99,845.24

Drainage Skeleton Creek District No 51 DMP. $2,056.71/Ha 8.984 hectares in proposal

8.984 Ha $2,056.71 $18,477.51

Open Space No contributions applicable. Land previously surrendered for open space purposes.

No further contribution sought

Nil

Neil Beck Team Leader P M Tabulo General Manager City Development

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APPENDIX 1

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APPENDIX 2

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15 APRIL 2004

28

RECONFIGURING A LOT (1 LOT INTO 5 LOTS WITH COMMON PROPERTY AND 2 LOTS WITH ACCESS EASEMENT) – 130-132 BALACLAVA ROAD, EARLVILLE – DIVISION 7 Neil Beck: 8/13/728-01 #772773

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 5 LOTS &

2 LOTS WITH ACCESS EASEMENT) APPLICANT: WINKWORTH PHYSIOTHERAPY PTY LTD C/- BRAZIER MOTTI PTY LTD P O BOX 1185 CAIRNS Q 4870 LOCATION: 130-132 BALACLAVA ROAD, EARLVILLE &

MANSFIELD STREET EARLVILLE PROPERTY: LOT 21 ON RP746786, PARISH OF CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: LOW DENSITY RESIDENTIAL DCP: DCP1 – RESIDENTIAL DENSITIES DCP4 - HILLSIDES REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT 28 APRIL 2004 DEADLINE: DIVISION: 7 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:


on RP746786, Parish of Cairns located at 130-132 Balaclava Road into 5 residential lots with common property and 2 residential lots with associated Access Easement subject to the following conditions: -

Assessment Manager Conditions 1. The applicant/owner must at all times during the development of the

subject land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

a. The approved plan, Brazier & Motti Plan 31046/002A dated 31

March 2004;

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

c. The provisions of Council’s Development Manual.


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Timing of Effect

2. The conditions of the Development Permit must be effected prior to


Water Supply And Sewerage Contributions 3. The applicant/owner must contribute in accordance with Council's



payment. On the present method of calculation, the estimated total headworks contributions are $6,818.96 (7.30 EDC’s) for water and $7,809.95 (6.0 EDC’s) for sewerage.


Survey. Stormwater Quality Contributions 4. The applicant/owner must contribute towards the improvement of



The current rate of contribution is $4,425.00 (Relative Impermeability Factor x $2,950.00/Equivalent Hectare).


Survey. Traffic Management Contributions 5. The applicant/owner must contribute towards Council's Traffic



The current rate of contribution is $12,813.62 (6 ERAs). Payment is required prior to the approval and dating of the Plan of

Survey.

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Water Supply And Sewerage Works External 6. The applicant/owner must carry out water supply and sewerage works

external to the development to connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer.

In particular:

a. the subject land must be provided with two internal sewers and

water connection for all internal services in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.

b. any existing internal water and sewer services may be made

redundant. Three (3) copies of a plan of the works must be submitted to and must be endorsed by the Chief Executive Officer prior to signing and dating the Plan of Survey.

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

Minimum Fill and Habitable Floor Levels 7. All habitable floor levels in all buildings must be located 300mm above

the Q100 flood immunity level, in accordance with Development Manual Guidelines and Planning Scheme requirements.

Lawful Point Of Discharge 8. The applicant/owner must ensure that the flow of all external

stormwater from the property is directed to a lawful point of discharge. For Lots 1 to 5 this is the existing easement at the east boundary of proposed Lot 5, and for Lots 6 and 7 this is Balalclava Road, 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.

In particular: a. any filled areas of new allotments must be drained to the proposed

new driveway within the common property. The above requirements maybe varied with the consent of the Chief

Executive Officer prior to the issue of a Development Permit for Operational Works provided acceptable alternative measures are implemented.

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Access Driveway 9. The applicant/owner must construct a sealed impervious driveway, a

minimum of 5.5 metres in width for at least the first 6 metres from the roadway frontage and elsewhere a minimum width of 3.5 metres, shall be provided in the location generally shown on approved plans. A passing bay is to be installed at a distance of approximately 30 metres from the roadway frontage. Associated drainage works shall be constructed along the length of the proposed common property allotment.

All work is to be constructed in accordance with Council’s Development Manual, Part 2 Section 2.4.4. Such work to be constructed and inspected by Council prior to the approval and dating of the Plan of Survey.

External Works

10. The applicant/owner must at its own cost undertake the following

works external to the subject land:

a. construct a concrete crossover and apron to both road frontages; and

b. make good the kerb(s) at any redundant crossover(s).

Three (3) copies of the works must be submitted to and endorsed by the Chief Executive Officer prior to the approval and dating of the Plan of Survey. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

Provision of Services 11. The applicant is to provide written confirmation of the location of the

telecommunications and electricity services for the subject land. In any instance where the existing services are contained within another lot, then the applicant shall either:

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

b. arrange the registration of the necessary easements over the

services which are located within another lot prior to or in conjunction with the submission of the plan of Survey creating the Lot.

The written confirmation shall be submitted to the Chief Executive

Officer prior to approval and dating the Plan of Survey.

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Park Contribution In Lieu of Land Dedication 12. The applicant is to contribute $19,750.00 for the additional six lots

towards the provision of or upgrading of parks and reserves in accordance with the provisions of Council's Planning Scheme and Section 5.6 of the Local Government (Planning and Environment) Act 1990.

The contribution must be paid prior to approval and dating of the Plan

of Survey. Vegetation Management 13. The existing remnant vegetation on the subject land must be retained in

all areas except house locations and those areas affected by the construction of road works and the installation of services. House locations are to be outside the areas of remnant vegetation, as far as is practicable. The extent of any clearing which is required to provide for road works or the installation of services or which is to be carried out on proposed lots outside the house locations must be consented to by the Chief Executive Officer before clearing commences in these areas.

No earthworks shall extend within 3 metres of a significant tree as

defined by a native tree with a trunk diameter of 300mm or greater, unless acceptable treatment certified by a qualified Arborist and approved by Council is undertaken within this area to ensure the future survival of the trees. No filling is to occur around other existing trees to be retained without the prior approval of Council.

Landscape Plan 14. The applicant must landscape the subject land in accordance with

Development Manual, Part 4 - Landscaping and in accordance with a landscape plan endorsed by the Chief Executive Officer. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

The landscape plan must show:

a. The retention of as many existing trees and shrubs as possible; b. Planting of the footpaths with trees; and c. Appropriate techniques for filling around trees, with certification

by a qualified Aborist.

Existing native and significant vegetation must be retained and only be removed with the written consent of the Chief Executive Officer.

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Building Setback Plans 15. The applicant/owner must lodge formal building setback plans for

proposed Lot 5 and Lot 7 with the intention to retain significant vegetation on these lots. Such plans must be lodged and approved by Council prior to the approval and dating of the Plan of Survey. The building setback plans must comply with the following requirements:

a. No building setback is to be closer than 3 metres to significant

trees.

The applicant/owner must also ensure that the endorsed building setback plans are made known to all prospective purchasers of these lots.

ADVICE 1. Current requirements and estimates of development and headworks

contributions may change when elements of the Cairns City Council Infrastructure Charges Plan (ICP) are adopted.







B. The following notations will be placed on Council's future rates record in

respect of proposed Lot 5 and Lot 7:- a. The proposed future dwelling and buildings are to be sited within the

building setback plan, as detailed on plans held by Council. A copy of the building setback plan is available from Council.

_____________________________________________________________________

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EXECUTIVE SUMMARY: Council is in receipt of an application to reconfigure land within the Residential zone into five (5) residential allotments with common property and two (2) residential lots with an access easement at 130-132 Balaclava Road, Earlville. After discussions with the applicant and the surveyor, the amended plan of the development is now supported and approval of the application is recommended subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed development is for reconfiguration of an existing allotments described as Lot 21 on RP746786, Parish of Cairns located at 130.-132 Balaclava Road, Earlville into a total of seven (7) residential allotments with each allotment complying with the minimum site area of 600m2. The subject site has road frontage of approximately 20 metres to Balaclava Road and approximately 15 metres to Mansfield Street. Access to five of the proposed allotments is to be obtained from Mansfield Street via a driveway, which will be common property. Two of the lots will have access from Balaclava Road via an access easement. Strategic Plan/DCP The subject site is included within the Low Density Residential preferred dominant land use in the Planning Scheme for Part of the City of Cairns. The proposed development to create six (6) additional allotments in the Residential zone is in accordance with the Strategic Plan. The minimum lot size is 972m². Land Zoning The subject site is predominantly included within the Residential 1 zone in the Planning Scheme. The intent of the Residential 1 zone is to allow for residential development predominantly in the form of single detached dwellings. DCP1 – Residential Densities This plan provides for lot area down to 600m² and residential densities up to 60 persons per hectare. The proposed development complies with the DCP. DCP No 4 Hillsides – Residential Precincts 2 This precincts includes land that is generally moderately sloping and visible from many parts of the City.

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Access to the two highest lots is from Balaclava Road using an existing driveway. Access to the five other lots will be along an existing drainage easement at the rear of houses facing Mansfield Street. The house sites will be on the lower slopes of the subject land. No concern is raised. Impact of Proposal The impact of the proposed lot reconfiguration is likely to be minimal due to the area and dimensions proposed for each allotment. In addition, the impact of the proposal on the existing vegetation is likely to be minimal as the site contains vegetation of low conservation value and is located in the south-west corner, on the higher steeper land, where a house pad exists. The applicant is required to submit building setback plans for proposed Lot 5 & Lot 7 to ensure significant vegetation contained on these allotments are retained. Access Access to the site is to be obtained from Mansfield Street via a driveway which will be common property, and from Balaclava Road via an access easement. The proposed access locations and arrangements are considered suitable. Services All necessary services are available to the subject site. Drainage A recommended condition of approval requires the applicant to grade the proposed allotments so that they drain to the common driveway, which will then discharge into the existing drainage easement being the lawful point of discharge. Some stormwater drainage will be directed to Balaclava Road. Traffic Generation The proposed development is likely to have minimal impact to traffic generation. The proposed lot reconfiguration is acceptable and is recommended for approval subject to conditions.

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HEADWORKS / CONTRIBUTIONS: The following contributions are applicable to the proposed development.

Element Comment Calculation Contribution Water Supply

District 10 Inner City : $934.10.7.30/EDC 5 Residential lots 1101m2 - 1500m2 2 Residential lots > 1500m2 Less credit for: 1 existing lot > 1,500m2 – 1.30 EDC Net Demand: 7.30 EDC

7.30 EDC’s x $934.10

$6,818.96

Sewerage District 26 Earlville : $1,301.66/EDC 5 Residential lots 1101m2 - 1500m2 2 Residential lots > 1500m2 Less credit for: 1 existing lots > 1,500m2 – 1.00 EDC Net Demand: 6.0.0 EDC

6.00 EDC’s x $1,301.66

$7,809.95

Traffic District 5: $2,135.60/ERA 7.00ERA Less credit for 1 existing lot Net Demand : 6 ERA

6 ERA X $2,135.60

$12,813.62

Drainage Water Quality : RIF (1) X $2,950./ha 1.5ha X $2,950.00

$4,425.00

Open Space

UCV of Lot 21 on RP746786, $197,500.00 Area of subject land : 1.5 Ha Area of new lots : 1.5 Ha

10% of $197,500.00

$19,750.00

Neil Beck Planning Officer Action Officer P M Tabulo General Manager – City Development

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APPENDIX 1

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15 APRIL 2004

29

RECONFIGURING A LOT (BOUNDARY REALIGNMENT & CREATION OF AN ACCESS EASEMENT TO A ROAD) – BRUCE HIGHWAY EDMONTON – DIVISION 1 Jenny Elphinstone: 8/13/758-01 : #760524

PROPOSAL: RECONFIGURING A LOT (BOUNDARY

REALIGNMENT & CREATION OF AN ACCESS EASEMENT TO A ROAD)

APPLICANT: CAIRNS DEVELOPMENT COMPANY NO 3 PTY

LTD C/- C & B GROUP PTY LTD P O BOX 1949 CAIRNS Q 4870 LOCATION: BRUCE HIGHWAY EDMONTON PROPERTY: LOT 1 ON RP704515 & LOT 2 ON RP714413,

PARISH OF GRAFTON ZONE: RESIDENTIAL 2 STRATEGIC PLAN: URBAN DCP: HILLSLOPES CATEGORY A REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 21 APRIL 2004 DIVISION: 1 APPENDIX: 1. SITE LAYOUT PLAN

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LOCALITY PLAN

RECOMMENDATION:


on RP704151 and Lot 2 on RP714413, Parish of Grafton, County of Nares, situated at Bruce Highway and Petersen Road, Edmonton, into two (2) lots (boundary realignment and creation of an Access Easement to a road) subject to the following conditions:-

Assessment Manager Conditions 1. The proposed Plan of Development Drawing No 8164-2 dated 17/12/03

and prepared by C&B Group is approved subject to any alterations: a. Found necessary by the Council at the time of examination of the





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Timing of Effect 2. The conditions of the Development Permit must be effected prior

approval and dating of the Survey Plan except where specified otherwise in these conditions of approval.

Existing Creek and Drainage Systems 3. The applicant/owner must arrange for either: a. The dedication of land as a Drainage Reserve; or b. Create and register a Drainage Easement in favour of Council, over the sections of creek which are located within the subject

property, as shown in Drawing No. 8164-2, dated 8/12/03 and prepared by C&B Group.

The width of land to be contained in the Drainage Reserve / Drainage

Easement must contain all land below the top of the high bank and a ten (10) metre minimum wide strip adjacent the top of bank on both sides of the creek, or the limit of Q100 flooding, whichever is the greater.

The Drainage Reserve or Drainage Easement must be created at the

time of registration of the Plan of Survey. If the applicant elects to create the Drainage Easement, the land

contained within the Easement will be required to be dedicated as Drainage Reserve upon a further application for reconfiguration.

4. All existing creek systems and drainage areas must be left in their

current state including no channel alterations and no removal of vegetation unless consented to in writing by the Chief Executive Officer.

The applicant/owner must obtain any necessary approvals from the

Department of Natural Resources and Mines for carrying out works in a watercourse

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Concurrence Agency Conditions Department of Main Roads 1. Permitted Road Access Location (i) Access between the Bruce Highway and the proposed Lot 900

shall be via Petersen Road and a minimum of 200m from the Bruce Highway frontage, to the satisfaction of Cairns City Council.

(ii) No direct vehicular access between the Bruce Highway, including

the service road, and the proposed Lot 900 is permitted. (iii) Access between the Bruce Highway and the proposed Lot 901

shall be via Petersen Road and an access easement within proposed Lot 900, as in condition 2.

Temporary access between the Bruce Highway and the proposed

Lot 901 shall: - be via the existing access to the service road located about

60m from the southern side boundary of proposed Lot 901 by way of lease across the 6m freehold section of the buffer strip referred to in condition 3(a), and

- not exceed 10m in width, to the satisfaction of the Director-General of the Department of

Main Roads. This temporary access may be revoked in writing by the Department of Main Roads or when the access easement within Lot 900 is replaced by a road link.

(iv) No additional direct vehicular access between the Bruce Highway,

including the service road, and the proposed Lot 901 is permitted. 2. Access Easement The applicant/ landowner shall register an access easement with the

Titles Office of the Department of Natural Resources over a 14m minimum wide strip of the proposed Lot 900 from the Petersen Road frontage, to the northern side boundary of the proposed Lot 901, generally as indicated on C&B Group Drawing No. 8164-2 dated 17/12/03, in favour of the proposed Lot 901, to the satisfaction of the Director-General of the Department of Main Roads, prior to or in conjunction with the applicant/ landowner requesting Council to approve and date the plan of survey of the subject land.

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3. Road Traffic Noise & Visual Treatments For the purposes of this condition: - Parts (a), (b) and (c) below shall apply to noise-sensitive uses

proposed to be located within 100m of the Bruce Highway frontage of the subject land,

- the Bruce Highway shall hereafter be referred to as ‘SCR’, and - attached ‘DMR Plan No. PD85C (dated 3/2001)’ shall hereafter be

referred to as the ‘DMR Buffer Plan’. (a) Buffer Strip For the purposes of this condition the buffer strip shall include: - a minimum of six metre wide freehold strip located within the

subject site and adjacent the SCR frontage, and - the four metre wide registered easement located adjacent to and

west of the above freehold strip. The registered covenant shall: - allow representatives of Council and the Department of Main

Roads and public utility authorities to construct/ maintain/ upgrade/ remove noise attenuation treatments, landscaping and public utilities within the registered covenant,

- prevent (unless approved by Council and the Department of Main Roads) landowners from altering, damaging or destroying any noise ameliorative treatments, landscaping, or public utilities located within the registered covenant, and

- prohibit the construction of any structures within the registered covenant except where approved/ required otherwise by Council and the Department of Main Roads.

The registered covenant shall be created, and the covenant

agreement shall be registered in the Titles Office of the Department of Natural Resources. These requirements shall be completed prior to the commencement of any noise-sensitive use.

The applicant/landowner shall create and transfer the freehold

allotment/s to Department of Main Roads ownership prior to the commencement of any noise-sensitive use. A "peppercorn" lease of a 6m x 10m portion of the freehold section of the buffer strip shall be permitted in favour of the proposed Lot 901 at the location stated in condition 1(iii), for access purposes.

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Such lease shall be terminated whenever proposed Lot 901 is further reconfigured at which time the future design should enable all created allotments within proposed Lot 901 to be accessed via the easement in proposed Lot 900 (condition 2), or alternatively, via an internal road network in proposed Lot 900 through to Petersen Road.

(b) Visual Amenity Works The applicant/ landowner shall provide landscaping covering the

entire buffer strip along the frontage of the SCR. The landscaping shall be designed, installed and maintained such that existing and future SCR infrastructure, any noise ameliorative works if applicable, and on site buildings and facilities, are screened as much as practicable from each other.

The species of plants used in the landscaping works shall be in

accordance with Council’s standards. If Council doesn’t have standards, then the only requirement is that they are native, low maintenance species which are effective at providing the necessary screening specified above and do not create a safety risk (i.e. no thorns or poisonous fruits or berries).

All landscaping of the buffer strip shall be completed prior to the

commencement of any noise-sensitive use. (c) Road Traffic Noise Ameliorative Works (i) Location of Works Road traffic noise ameliorative works shall be incorporated

into the design of the development, including the buffer strip, and the applicant/landowner shall have regard to the design criteria specified within AS3671. Any noise barrier within the buffer shall be designed and constructed in accordance with the DMR Buffer Plan.

(ii) Maximum Noise Levels and Time Horizons The following maximum road traffic noise free-field levels are

not to be exceeded before 10 years after the time of completion of the full development:

- External noise levels shall not exceed 63dB(A) 18h. - Internal noise levels (ie, within buildings above the

ground floor level only) shall not exceed the maximum noise levels specified in AS2107-2000.

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(iii) Noise Testing The following parameters shall be used to determine the

required noise amelioration works: - External noise levels shall be those predicted to occur

on the subject land in areas likely to be frequently occupied by people for significant periods.

- Internal noise levels shall be determined in accordance with AS2107-2000.

- Noise monitoring shall be carried out in accordance with AS2702-1984.

- Noise predictions shall be carried out in accordance with Calculation of Road Traffic Noise (CRTN88) United Kingdom Department of Transport.

(iv) Road Traffic Noise Report The applicant/ landowner shall prepare a road traffic noise

report, which demonstrates how the development is to be designed to conform to the above requirements. The report shall:

- predict the road traffic noise levels, - identify the ameliorative works required within the buffer

strip, the rest of the subject land, and the relevant buildings, and

- contain all relevant information and calculations upon which the conclusions of the report are based.

The applicant/ landowner shall submit the report to the Cairns

Office of the Department of Main Roads, and if necessary, shall amend the report until the Department of Main Roads considers that the report reflects the requirements of this condition. The report and any subsequent amendments shall be completed prior to the commencement of any noise-sensitive use.

(v) Incorporation of Works into the Development Noise ameliorative works within the buffer shall conform to

the requirements of the approved noise report and DMR Buffer Plan.

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All noise ameliorative works required within the Buffer Strip shall be completed prior to the commencement of any noise-sensitive use.

All noise ameliorative works required within the relevant

building(s) shall be: - incorporated into the building design(s) prior to the

applicant/ landowner seeking Council (or private certifier) approval for a development permit for carrying out building works on the subject land; and

- incorporated into the building(s) prior to commencement of use of the building.

(vi) Building Covenant When a covenant is required by the Road Traffic Noise

(acoustical) Report then the following requirements shall be met:

- The covenants shall be included on the same Plan of Survey which creates the lots which are subjected to the covenant and lodge concurrently the Plan of Survey and validly executed Covenant Form 31 referred to in the above conditions.

- Acknowledges to Main Roads that an acoustic covenant will be annexed to the REIQ contract for the relevant lots prior to execution of the Covenants Forms 31.

- Submit to Main Roads for approval a Noise Covenant Plan which shows:

- the final layout plan with finished contour levels and highlighting lots effected by a covenant,

- summary of noise amelioration works and covenant conditions, and

- a table showing, pad levels in Australia Height Datum (AHD) and the type of covenant,

prior to execution of the Covenants Forms 31. - Submit to Main Roads, certification (RPEQ) from the civil

engineer that the pad levels in (AHD) used on the Covenant Plan comply with the acoustical report, prior to the execution of the Covenant Form 31. If the building pad levels have risen by more than 200mm, a new acoustical assessment must be submitted. Any new works or covenants to be registered or amended as detailed in the new acoustical assessment must be completed within the above relevant timeframes.

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- Submit to Main Roads a properly executed Covenant Form 31 pursuant to Land Title Act 1994, and in terms approved by the District Director covering all lots where it has not been demonstrated that condition (c)(ii) above would be met, prior to the submission of the Plan of Survey to Council for approval and dating.

- Submit to Main Roads a copy of the receipt of the Registration Confirmation Statements for the Covenants within 14 days of the receipt being forwarded to the applicant or their agents.

ADVICE 1. Note that this approval relies on information provided by the applicant,

which is accepted to be accurate and current at the time of assessment. The approval demonstrates compliance with audited aspects of the

proposal but does not warrant that an approved design complies with applicable policies, regulations and other provisions in every respect. Council reserves the right to order the rectification of non-complying or unsafe works at the cost of the Applicant, despite its prior approval.





B. Council resolves that the Rate records for the current and future lots (as

proposed by this Development Permit for Reconfiguration) be notated to reflect the Department of Main Roads conditions, in particular Condition 2 (Permitted Road Access Location) and Condition 3 (Access Easement).

256


EXECUTIVE SUMMARY: The applicant intends to develop the land as a residential estate in the future. Approval for such land use already exists. In the interim the applicants seeks separation of the existing farm dwelling so that this use and occupation may continue while the new residential estate is developed. Previous approval (a boundary realignment and creation of an Access Easement) was issued for a similar reconfiguration however, this approval has lapsed. The applicant essentially seeks re-issue of the boundary realignment and creation of an Access Easement to a road. The report recommends the application be supported subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The subject land has approval for a future residential subdivision. As a preliminary stage the applicant seeks to reconfigure the lots so that the existing farm dwellings and sheds are titled separately to the remainder of the site and can be occupied by the current tenants until developed for residential purposes at a later stage. At the Council Meeting held on 14 September 1999 Council gave approval (Development application 8/13/202) subject to conditions of a similar reconfiguration. A condition of the approval required a plan of survey to be lodged to Council within 2 years of the planning approval. No plan was lodged within the specified time period and the approval lapsed. The current approval essential seeks re-issue of that approval. It is proposed that the new 901 will have an Access Easement over Lot 900, thereby giving access to Petersen Road, rather than the Bruce Highway. The proposed Access Easement aligns with the proposed road network of the future residential reconfiguration. Background The overall future subdivision was approved by the Planning & Environment Court (Court Order for P & E Appeal No.66 of 1995). Council at its Ordinary Meeting held 30 May 2002 issued a four year extension of time to the currency period to that Order. While some of the conditions of that Order were amended, having regard to current developer contribution requirements, Condition 1 referring to approved plans remained unchanged. The current application is accompanied by a reference plan to the proposed future residential subdivision of the land and this plan dated December 2003 is similar to the plans approved under the Court Order. A condition of the previous approval for reconfiguration required that either a Drainage Easement or Drainage Reserve be provided. The intent of the condition was to allow the continued use of this land for can production until the time of the future reconfiguration for residential use. This condition is maintained in the current approval.

257


Planning Scheme Provisions & Impact of Proposal The development is consistent with both the Residential 2 zone and the Urban designation of the Strategic Plan. The request for the realignment is reasonable and the proposed reconfiguration will meet the Planning Scheme requirements, as tabled following.

Description Scheme Requirement Proposal Compliance Minimum Size Proposed Lot 901 Proposed Lot 900

450m2

2.63 Ha 30.06 Ha

Complies

Part H of the Scheme requires consideration for flooding and drainage. The subject land is part of the Stoney Creek catchment. Section 3.3.1 requires a standard setback of 10m from the top of bank. The expired approval required a 10 metre Drainage Easement from the top of bank. The overlying future subdivision has no specific setback requirement from the watercourse under the conditions of the current Court Order. Draft CairnsPlan The Draft CairnsPlan nominates that the majority of the subject land will be included in the Residential 2 Planning Area of the White Rock – Edmonton & Rural Lands Planning Districts. The land south of Stoney Creek is to be designated as Rural 2 Planning Area and a ribbon of the land adjacent to a section of Stoney Creek is designated as Open Space. The minimum lot size and rectangle proportions of 450m2 and 15m x 10m are maintained by the Draft CairnsPlan. The Draft CairnsPlan states that where new lots are of a size more than twice the minimum area required, then they are to be of a form than can accommodate future reconfiguration to the minimum lot size. The proposed development would be compliant with the draft scheme requirements. The Draft CairnsPlan maps value the vegetation adjacent to the Creek and nominates the watercourse as a Category 3 and 4. A Category 3 watercourse requires a setback of 50m and for Category 4 20m for streams and 10m for other waterways. There is no further definition in the draft scheme as to what is a stream and what is defined as a waterway. Under the Draft CairnsPlan a significantly larger setback is required. The setback of development is to protect the riparian corridor. The width of the vegetation corridor along the stream, as indicated on the Draft CairnsPlan maps varies in width from 20-50m. The landowner, Hardwick Pty Ltd, lodged a submission for the Draft CairnsPlan regarding the vegetation corridor, stating that it owned both sides of the Creek, the Creek banks were sparsely vegetated and is sugar cane cultivated to the top of the Creek bank.

258


The submission further states that the owner has environmentally cared for the Creek over the last 55 years having gone to great expense to restore the Creek banks and trees when severe erosion has occurred. Under the Flood Management Code a setback of 20m is required from the top of bank. In regards to appropriate setback it is noted that the CairnsPlan Scheme is only in draft form and that the proposed required setbacks has been identified as an undetermined distance at this point in time. To suitably address the issue the condition of the approval requires a setback of either 10m from the top of bank or the Q100 flood level, whichever is the greater. The proposal is consistent with the Development Near Major Transport Corridors and Facilities Code in that alternative access is Petersen Road is provided for proposed Lot 901. A condition of the Court Order for the future residential development adequately addresses drainage management required by the Draft CairnsPlan, in particular the effect on Stoney Creek and the traversing of the Creek under the Bruce Highway. Concurrence Agency Advice The Department of Main Roads advised that it raises no objection to the proposal and the required conditions (refer to Appendix 2) that have been included in the approval. The Department has requested Council to notate the Rate records giving reference to DMR Conditions 2 (Permitted Road Access Location) and Condition 3 (Access Easement). Part of the recommendation actions this request. HEADWORKS / CONTRIBUTIONS: As no additional lots are proposed no developer contributions are applicable for the development proposed. Jenny Elphinstone Senior Planning Officer Action Officer P M Tabulo General Manager City Development

259


Appendix 1

260


261


262



15 APRIL 2004

30

RECONFIGURING A LOT (BOUNDARY REALIGNMENT) – 177 MARTYN STREET, MANUNDA – DIVISION 6 Peter Boyd: 8/13/751 : #770717


REALIGNMENT) APPLICANT: BONNI BEST AND PETER HOWARTH 377 DRAPER STREET PARRAMATTA PARK QLD 4870 LOCATION: 177 MARTYN STREET, MANUNDA PROPERTY: LOT 1 AND LOT 2 ON RP711687, PARISH OF

CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL DCP: DCP 1 – RESIDENTIAL DENSITIES – 400PPH DCP 2 – HEIGHT AND IMPACT OF BUILDINGS –

PRECINCT 5 REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 3 APRIL 2004 DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN 2. PLAN DEMONSTRATING THAT THE SITE

CAN CONTAIN A RESIDENTIAL DWELLING

263


LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the application to realign the common boundary of

land described as Lots 1 and 2 on RP711687, Parish of Cairns located at 177 Martyn Street, Manunda, subject to the following conditions: -

Assessment Manager Conditions 1. The proposed plan being prepared by Frank Knight submitted to

Council on 23 February 2004 is approved subject to any alterations:



requirements of Council's Planning Scheme, Development Manual and good engineering practice;


Anderson Street

264




Water Supply and Sewerage Works

3. Proposed Lot 2 must be provided with a single internal sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.


endorsed by the Chief Executive Officer.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

Minimum Fill and Habitable Floor Levels: CBD and Environs Area

4. All new habitable floor levels in all buildings must be located 300 mm

above the Q100 flood immunity level of 3 metres AHD, in accordance with Development Manual and Planning Scheme requirements. Council records indicate site levels of approximately 2.5 metres.

Lawful Point of Discharge

5 The applicant/owner must ensure that the flow of all external

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



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

b. Arrange the registration of the necessary easements over the services, which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the new allotments.

265


Building Envelope Plan 7. The applicant/owner must lodge a formal building envelope plan for the

vacant allotment prior to the approval and dating of the Plan of Survey. The building envelope plans must be to the satisfaction of the Chief Executive Officer and comply with the following requirements:

a. No building setback shall be closer than 1.5 metres to a completed sewer main;

b. No building envelope shall extend into an existing or proposed

easement; The applicant shall advise prospective purchasers that the construction of a future dwelling must be fully contained within the approved Building Envelope.

Building Design 8. The design of the future dwelling to locate on Lot 1 must incorporate

appropriate vernacular architecture similar to the houses within the locality to ensure that the future dwelling compliments the existing built form within the immediate area. Specifically, the design must incorporate a number of the following architectural features:-

a. Treatment of gables similar to adjacent houses; b. Lattice look or fretwork design to balcony rails; c. Timber finials on top of gables; d. Window hoods over bedroom windows; e. 1.2 metre high timber paling fence to the frontage of the subject

land; f. Bay windows; g. Metal sheet roofing; h. Appropriate entry doors; i. Casement windows; and j. Timber paling or other similar tilt-a-doors.

266


Details of the proposed colour scheme for the external walls, features

and roof must be submitted at the time of lodgement of a Development Application for Building Work and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Should Lot 1 be sold, the applicant shall advise prospective purchasers

of Council’s requirements with regard to the design of the future dwelling to be constructed.

ADVICE

1. This approval, granted under the provisions of the Integrated Planning Act 1997, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.



B. That Council resolve to reduce the minimum lot size of 600m² for land

contained within the Residential zone to permit the creation of two residential lots generally in accordance with Plan No. 304-KLE dated 5 March 2004.

C. That Council place a rates note on Lot 1 as stated below:-

“Plans of the dwelling must be approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Works to ensure the intent of Condition 9 of Development Application 8/13/751 is achieved. A copy of the condition is available from Council; and

The proposed future dwelling must be sited within the building envelope plan, as detailed on plans held by Council. A copy of the approved building envelope plan is available from Council”.

EXECUTIVE SUMMARY: Council is in receipt of an application for Reconfiguring a Lot (Boundary Realignment) for land described as Lots 1 and 2 on RP711687, located at 177 Martyn Street, Manunda. The proposal is to realign the common boundary to create two allotments with areas of approximately 330m2. Proposed Lot 1 is currently vacant and will be developed with a residential dwelling. Proposed Lot 2 (corner lot) contains an existing café/takeaway/shop. There is currently no on-site parking for the shop as the use commenced prior to Council developing such provisions. The proposed boundary realignment will not affect the current operation of the shop.

267


The boundary realignment does not comply with the minimum allotment size in the Residential zone. Notwithstanding this non-compliance, the existing allotments are already less than the minimum allotment size and the proposal is not creating any additional residential allotments. Recommended conditions of approval will ensure that the future dwelling to be located on proposed Lot 1 will be in keeping with the vernacular architecture prevalent within the surrounding locality. Approval of the application is recommended subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed boundary realignment is to realign the common boundary Lots 1 and 2 on RP811687 to create two new allotments. One allotment will have road frontage to Shearer Street and the other will have road frontage to Martyn Street. During the information request period Council Officers requested plans demonstrating that the new allotment will be capable of containing a residential dwelling. Appendix 2 contains a layout that can be contained within proposed Lot 1. The proposed plan of development is attached at Appendix 1. The existing boundary is aligned in a north south direction with the existing building on Lot 2 being built to the boundary along both the Shearer Street and Martyn Street frontages. The applicant proposes to realign the boundary in a north south direction approximately 15 metres to the east (closer to the Martyn Street frontage). Building Design & Building Setbacks To ensure that the future dwelling to be constructed on the vacant allotment fronting Shearer Street is consistent with surrounding dwellings, a recommended condition of approval requires the design of the building to incorporate a number of vernacular treatments. The design of the dwelling must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. With regard to building setbacks, a recommended condition of approval requires the applicant to submit a formal building envelope plan, having regard to the location of the sewer. Recommendation C requests Council to notate the property file of proposed Lot 1 to secure the intent of conditions pertaining to building design and to advise future purchasers of the existence of a building envelope plan should the allotment be sold.

268





Intent of Zone Residential Yes Intent of Strategic Plan Medium Density Residential Yes Intent of DCP DCP 1 – residential densities

– 400pph DCP 2 – Height and Impact

of Buildings – Precinct 5

Yes

Yes

Minimum Lot size 600m² No. See comment. Minimum Frontage 15m Yes Minimum Depth 40m No. See comment.

Minimum Lot Size and Minimum Depth Table 3 of the Planning Scheme states that the minimum allotment size within the Residential zone is 600m2, with minimum frontage and depth of 15 metres and 40 metres respectively. The existing and proposed allotments do not meet the minimum allotment sizes for the Residential zone. Notwithstanding this, the following comments are provided in support of the proposed boundary realignment: 1. The proposal does not result in a net increase in the number of allotments; 2. The proposed lot layout will improve the width/frontage of both allotments; 3. The current lot sizes of existing Lots 1 & 2 do not comply with the minimum

allotment sizes for the Residential zone; 4. The proposal provides adequate access to both lots; and 6. Water supply, sewerage, telecommunications, and electricity are available in the

vicinity and both allotments can be readily connected to these services. 7. Promotes consolidation and increased residential densities in accordance with the

strategic plan. HEADWORKS / CONTRIBUTIONS: Developer Contributions are not applicable to the proposed development as no additional residential allotments are being created. Peter Boyd Planning Officer Action Officer Peter Tabulo General Manager City Development

269


APPENDIX 1

Lot 2

Lot 1

270


APPENDIX 2

271



15 APRIL 2004

31

RECONFIGURING A LOT (BOUNDARY REALIGNMENT) – 72-74 MINNIE STREET, PARRAMATTA PARK – DIVISION 6 Peter Boyd: 8/13/761 : #770606


REALIGNMENT) APPLICANT: M KLEVERLAAN C/- ROBERT BASS 11 JADE CRESCENT LAKE PLACID QLD 4878 LOCATION: 72-72 MINNIE STREET, PARRAMATTA PARK PROPERTY: LOT 7 AND LOT 8 ON RP701359, PARISH OF

CAIRNS ZONE: RESIDENTIAL STRATEGIC PLAN: MEDIUM DENSITY RESIDENTIAL DCP: DCP 1 – RESIDENTIAL DENSITIES – 400PPH DCP 2 – HEIGHT AND IMPACT OF BUILDINGS –

PRECINCT 5 REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 3 APRIL 2004 DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN 2. PHOTOS OF EXISTING DWELLING AND

PROPOSED DWELLING

272


LOCALITY PLAN

RECOMMENDATION:

A. That Council approve the application to realign the common boundary of

land described as Lots 7 & 8 on RP701359, Parish of Cairns located at 72-74 Minnie Street, Parramatta Park, subject to the following conditions: -

Assessment Manager Conditions 1. The proposed plan being Plan No. 304-KE dated 5 March, 2004 prepared

by Robert Bass is approved subject to any alterations:



requirements of Council's Planning Scheme, Development Manual and good engineering practice;


Draper Street

Minnie Street

273


Timing of Effect

2. The conditions of the Development Permit must be effected prior to the


Water Supply and Sewerage Works

3. Proposed Lot 2 must be provided with a single internal sewer connection in accordance with the Development Manual, including, but not limited to, Council Standard Drawing No. S3005.


endorsed by the Chief Executive Officer.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer prior to the approval and dating of the Plan of Survey.

Minimum Fill and Habitable Floor Levels: CBD and Environs Area

4. All new habitable floor levels in all buildings must be located 300 mm

above the Q100 flood immunity level of 2.8 metres AHD, in accordance with Development Manual and Planning Scheme requirements. Council records indicate site levels of approximately 2.7 metres.

Lawful Point of Discharge

5. The applicant/owner must ensure that the flow of all external

stormwater from the property is directed to a lawful point of discharge, being Archie Street or Minnie Street for proposed Lot 1, and Archie Street for proposed Lot 2, 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.




274


b. Arrange the registration of the necessary easements over the services, which are located within another lot prior to or in conjunction with the submission of the Plan of Survey creating the new allotments.

Building Envelope Plan 7. The applicant/owner must lodge a formal building envelope plan for

Lot 2 prior to the approval and dating of the Plan of Survey. The building envelope plans must be to the satisfaction of the Chief Executive Officer and comply with the following requirements:

a. No building setback shall be closer than 1.5 metres to a completed sewer main; and

b. No building envelope shall extend into an existing or proposed

easement. The applicant shall advise prospective purchasers that the construction of a future dwelling must be fully contained within the approved Building Envelope.

Building Design 8. The design of the future dwelling to locate on Lot 2 must incorporate

appropriate vernacular architecture similar to the houses within the locality to ensure that the future dwelling compliments the existing built form within the immediate area. Specifically, the design must incorporate a number of the following architectural features:-

a. Treatment of gables similar to adjacent houses; b. Lattice look or fretwork design to balcony rails; c. Timber finials on top of gables; d. Window hoods over bedroom windows; e. 1.2 metre high timber paling fence to the frontage of the subject

land; f. Bay windows; g. Metal sheet roofing; h. Appropriate entry doors; i. Casement windows; and

275


j. Timber paling or other similar tilt-a-doors. Details of the proposed colour scheme for the external walls, features

and roof must be submitted at the time of lodgement of a Development Application for Building Work and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

The applicant shall advise prospective purchasers of Council’s

requirements with regard to the design of the future dwelling to be constructed on Lot 2.

ADVICE

1. This approval, granted under the provisions of the Integrated Planning Act 1997, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.



B. That Council resolve to reduce the minimum lot size of 600m² for land

contained within the Residential zone to permit the creation of two residential lots generally in accordance with Plan No. 304-KLE dated 5 March 2004.

C. That Council place a rates note on Lot 2 as stated below:-

“Plans of the dwelling must be approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Works to ensure the intent of Condition 9 of Development Application 8/13/761 is achieved. A copy of the condition is available from Council; and

The proposed future dwelling must be sited within the building envelope plan, as detailed on plans held by Council. A copy of the approved building envelope plan is available from Council”.

EXECUTIVE SUMMARY: Council is in receipt of an application for Reconfiguring a Lot (Boundary Realignment) for land described as Lots 7 and 8 on RP701359, located at 72-74 Minnie Street, Parramatta Park. The proposal is to realign the common boundary to create two allotments with areas of 473m2 and 336m². Proposed Lot 1 will contain an existing dwelling, and proposed Lot 2 is currently a vacant allotment. Appendix 2 contains photos of the site and the house to be relocated to proposed Lot 2.

276


The boundary realignment does not comply with the minimum allotment size in the Residential zone. Notwithstanding this non-compliance, the existing allotments are already less than the minimum allotment size and the proposal is not creating any additional residential allotments. Recommended conditions of approval will ensure that the future dwelling to locate on proposed Lot 2 will be in keeping with the vernacular architecture prevalent within Parramatta Park. Approval of the application is recommended subject to conditions. TOWN PLANNING CONSIDERATIONS: Proposal The proposed boundary realignment is to realign the common boundary Lots 7 and 8 on RP701359 to create two new allotments; one with road frontage to Archie Street; the other with road frontage to Minnie Street. The proposed plan of development is attached at Appendix 1. The existing boundary is aligned in a north south direction with the existing highset house straddling the boundary and orientated towards the Minnie Street frontage of the subject land. The applicant proposes to realign the boundary in a east west direction behind the existing dwelling house having an area of 473m2, and a vacant allotment having an area of 336m2 fronting Archie Street. Proposed Lot 1 is larger than the proposed Lot 2 due to the location of the existing dwelling. Building Design & Building Setbacks To ensure that the future dwelling to locate on the vacant allotment fronting Archie Street is consistent with surrounding dwellings, a recommended condition of approval requires the design of the building to incorporate a number of vernacular treatments. The design of the dwelling must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. Recommendation C requests Council to notate the property file of proposed Lot 2 to secure the intent of conditions pertaining to building design and to advise future purchasers of the existence of a building envelope plan. Planning Scheme Provisions



Intent of Zone Residential Yes Intent of Strategic Plan Medium Density Residential Yes Intent of DCP DCP 1 – residential densities

– 400pph DCP 2 – Height and Impact

of Buildings – Precinct 5

Yes

Yes

277


Minimum Lot size 600m² No. See comment. Minimum Frontage 15m Yes Minimum Depth 40m No. See comment.

Minimum Lot Size and Minimum Depth Table 3 of the Planning Scheme states that the minimum allotment size within the Residential zone is 600m2, with minimum frontage and depth of 15 metres and 40 metres respectively. The existing and proposed allotments do not meet the minimum allotment sizes for the Residential zone. Notwithstanding this the following comments are provided in support of the proposed boundary realignment: 1. The proposal does not result in a net increase in the number of allotments; 2. The proposed lot layout will improve the width/frontage of both allotments; 3. The current lot sizes of existing Lots 1 & 2 do not comply with the minimum

allotment sizes for the Residential zone; 4. The proposal provides adequate access to both lots, with both lots having access

to Archie Street; and 6. Water supply, sewerage, telecommunications, and electricity are available in the

vicinity and both allotments can be readily connected to these services. 7. Promotes consolidation and increased residential densities in accordance with the

strategic plan. HEADWORKS / CONTRIBUTIONS: Developer Contributions are not applicable to the proposed development as no additional residential allotments are being created. Peter Boyd Planning Officer Action Officer Peter Tabulo General Manager City Development

278


APPENDIX 1

279


280


APPENDIX 2

281


282


283



15 APRIL 2004

32

RECONFIGURING A LOT (1 LOT INTO 2 LOTS PLUS ACCESS EASEMENT FROM A ROAD) – 18-42 MANN STREET, WESTCOURT – DIVISION 6 Neil Beck 8/13/762-01 #771066

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 2 LOTS

PLUS ACCESS EASEMENT FROM A ROAD) APPLICANT: CAIRNS DISTRICT JUNIOR RUGBY LEAGUE

LIMITED C/- JOHN MACISAAC & ASSOCIATES PTY LTD P O BOX 5174 CAIRNS Q 4870 LOCATION: 18-42 MANN STREET, WESTCOURT PROPERTY: LOT 2 ON RP729192, PARISH OF CAIRNS ZONE: SPORT & RECREATION STRATEGIC PLAN: MAJOR OPEN SPACE DCP: DCP2 – HEIGHT & IMPACT OF BUILDINGS –

PRECINCT 6 REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 19 APRIL 2004 DIVISION: 6 APPENDIX: 1. SITE LAYOUT PLAN

284


LOCALITY PLAN

RECOMMENDATION:

That Council approve the application to reconfigure land described Lot 2 on RP729192, Parish of Cairns, located at 18-42 Mann Street, Westcourt, into 2 lots, and an access easement subject to the following conditions:- Assessment Manager Conditions 1. The proposed Plan of Development being Plan No. 1845 – 01 dated 27

February, 2004 prepared by John MacIsaac Pty Ltd, subject to the following conditions: -

a. To ensure that the development complies in all respects with the

requirements of the Council’s Planning Scheme, Development Manual and good engineering practice.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to the


285


Access Easement 3. An access easement over Lot 2 in favour of Lot 3 must be provided and

shown on the Plan of Survey. The applicant/owner must, at no cost to Council, prepare legal documents to

provide for access easements in accordance with drawing No 1845-01 dated 27 February, 2004. A copy of the easement documents must be submitted to Council for approval. The easement documents must be lodged and registered in the Department of Natural and Mines in conjunction with the Plan of Survey for the Reconfiguration.


existing services for the subject land. In any instance where the existing services are contained within the other lot, then the applicant shall either:


b. Arrange the registration of the necessary easements over the services, which are located within another lot prior to or in conjunction with the submission of the Plan of Survey.

c. Maintain sewer connection to the balance parcel. ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act

1997, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.



EXECUTIVE SUMMARY: Council is in receipt of an application from The Cairns District Junior Rugby League Limited to reconfigure their site at 18-42 Mann Street, Westcourt. The application seeks to excise the existing dwelling from the parent parcel. The dwelling will be accessible via an access easement across part of the existing bitumen car park. None of the vegetation around the easement or the dwelling would be disturbed. The house is located behind the Council’s water chlorinator and the access for the dwelling is also used to gain access to the car park. Approval of the application is recommended.

286


TOWN PLANNING CONSIDERATIONS: Planning Scheme Provisions The land is zoned Sport and Recreation for which there is no minimum lot size. The residential lots to the west which front Buchan Street are approximately 600m² in area, while the residential lot to be created is to have an area of 699m². The proposal does not offend the intent of the Strategic Plan (designation Major Open Space) or the Development Control Plan given that the dwelling is in existence. The use of the balance 5.52 hectares will continue to be Sport & Recreation in accordance with the planning intent. The existing dwelling is connected to Council services and no contributions are reasonable required. No additional buildings will be erected as a consequence of this proposal. HEADWORKS / CONTRIBUTIONS: No contributions are reasonable required by the proposed development. Neil Beck Team Leader Action Officer P M Tabulo General Manager – City Development

287


APPENDIX 1

288



15 APRIL 2004

33

COMPENSATION CLAIMS & APPEALS – MARCH 2004 Nikki Huddy: 1/59/2-01 : #536015 V19

RECOMMENDATION:

That the report be noted. New text is shown in bold. Nikki Huddy Manager City Assessment

289


CAIRNS CITY COUNCIL

APPEALS / OTHER MATTERS MACDONNELLS LIST

AS AT 1/3/2004

Description Applicant Comment Solicitor Appeal No. 31 of 1997 Catalano Road, Goldsborough. Appeal against conditions imposed on Council’s approval of subdivision application.

WER Developments Pty. Ltd. Council engaged in discussions with C & B Consultants. Applicants are likely to make further progress towards settling the matter some time this year.

MacDonnells

Supreme Court No. 154 of 1998

Cairns Earthmoving Contractors Pty Ltd

The Appellant has instructed that he wishes to speak to Council directly.

MacDonnells

Supreme Court No. 77 of 1999

Vamgold Pty Ltd The Appellant has instructed that he wishes to speak to Council directly.

MacDonnells

Supreme Court Appeal No. 26 of 2000

Middin Pty Ltd Action by Council for specific performance of a contract and counterclaim against Council for declaration that the contract is void and/or damages for breach of contract. Council’s insurer has been updated as to these matters.

MacDonnells

Application No. 582 of 2002 State 5 & 6 Rainforest Rise – failure to comply with development permit conditions and operational work permit conditions.

Richardson Plant Hire Pty Ltd & Sinclair Knight Merz

Originating application filed on 4/12/02. Mention held on 12/12/02 - agreed for matter to be adjourned to a date to be fixed. The site has been stabilised and the matter is the subject of ongoing negotiations with the developer. Application not to be withdrawn until Council is satisfied with the final form of the development.

MacDonnells

Appeal No. 194 of 2003

United Pacific Properties Pty Ltd Land situated at Moore Road, Kewarra Beach. Appeal against decision of CCC to approve an application for MCU and reconfiguration of a lot. Final submissions heard 28 November 2003. Awaiting Judgement.

MacDonnells

290


Appeal No. 306 of 2003 Redlynch Valley Property Pty Ltd Land situated at Gamburra Drive, Redlynch Valley

Estate. Appeal against CCC’s refusal of an application for a development permit for a MCU (residential development). MacDonnells instructed to attempt to settle the appeal. Proposed conditions on which Council will settle provided to other parties on a "without prejudice" basis. DMR, CAFNEC and resident objectors accepted of conditions. Awaiting the applicant's representations on conditions. Expert engineering consultants engaged.

MacDonnells

Appeal No. 381 of 2003 K & V Enterprises Pty Ltd Land situated on Kamerunga Road and Captain Cook Highway, Smithfield. Appeal against Assessment Manager conditions relating to drainage contributions and landscaping and DMR condition regarding road access requirements. Appellant's solicitors provided a draft order for consideration. MacDonnells advised that Council is agreeable to settling the appeal on the terms of the draft order, subject to various amendments and annexures to order, verification of agreement by Crown Law of changes made to DMR conditions, and receipt of necessary affidavits as to jurisdiction and public notification.

MacDonnells

Appeal No. 2222 of 2003 Peter Thomas Burke Land situated on the Captain Cook Highway, Smithfield. Appeal against refusal of CCC, under direction of DMR to grant a preliminary approval for a reconfiguration & MCU for commercial purposes. Notice of Appeal filed 3/6/03. Entry of Appearance filed 29/9/03.

MacDonnells

291


Appeal No. 2956 of 2003 McPherson Maclean Wargon

Chapman Pty Ltd Land situated on corner Foley Road & Captain Cook Highway, Palm Cove. Appeal against failure of CCC to decide an application for a development permit for operations works. Notice of Appeal filed 9/9/03. Entry of Appearance filed 26/9/03.

Appeal No. 406 of 2003 Deutsche Asset Management (Aus) Ltd

Land situated at Mt. Milman Drive, Smithfield. Submitter appeal against Co-respondent’s application for preliminary approval for a material change of use of land. Argued that the application was invalid, or in the alternative, that the application was invalid, or in the alternative, that the application should have been refused. Entry of Appearance filed on behalf of Council on 8/12/2003, and on behalf of the Co-respondent on 11/12/2003. Notice of Election to Co-respond filed on behalf of the Crown (DMR) on 17/12/2003.

Appeal No. 422 of 2003 Bernhard Graf Application by CCC for declarations and/or orders. Unlawful use of land situated at Bokissa Access, Palm Cove. Construction of earth and rock bund wall without development approval, in contravention of Local Law 11. "Without prejudice" negotiations have been conducted, it appears likely that the matter will be resolved.

Appeal No. 419 of 2003 Ursula Boston Land situated at 70 Falcon St, Bayview Heights. Appeal against refusal of application for MCU (bed and breakfast). Entry of Appearance filed 11/12/2003.

292



Daikyo (North Queensland) Pty Ltd Land situated at 86-98 Sheridan St, Cairns. Appeal against approval of application for MCU (temp. passenger terminal). Appellant seeking orders that additional conditions be imposed on the approval. Entry of Appearance filed on behalf of the Co-Respondent & Respondent. CCC requested to provide names & addresses of principal submitters. Without prejudice meeting to be attended by a representative of the Appellant & the Co-Respondent. CCC reps not to attend without prejudice at this stage. The parties are currently engaged in negotiations and the appeal was adjourned to the next callover.


Francesco Marino, John Marino and Carmelo Roberto Marino

Land described as Lot 30 on SP 161405, situated along Redlynch Connection Road and the proposed Larsen Road, Redlynch. Appeal against conditions imposed on a preliminary approval for reconfiguring one lot into 317 lots plus park. DMR support Council in defending concurrence agency conditions despite demaining of roads.

293



Francesco Marino, John Marino and Carmelo Roberto Marino

Land described as Lot 30 on SP 161405, situated along Redlynch Connection Road and the proposed Larsen Road, Redlynch. Appeal against conditions imposed on a development permit for reconfiguring one lot into 40 lots. Notice of Appeal filed 23/1/2004. Entry of Appearance filed 9/2/2004. DMR has filed a Notice of Election to co-respond. Some of the grounds of appeal are trivial and should not occupy court time.


Marlin Coast Development Pty Ltd Land situated at corner of Redlynch Intake Road and Mary Parker Drive, Redlynch. Appeal against deemed refusal by Council to approve an application to change a condition of an operational works permit relating to an application for reconfiguration of land. The condition, relating to engineering works, was alleged to be not relevant or reasonable. Entry of Appearance filed 18/2/2004.

294


cairns city council planning & environment ......– the good shepherd angligan church, 115-117...

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