combined application - reconfiguring a lot (1 lot into … · (1 lot into 2 lots) on proposed lot 2...

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Agenda – Ordinary Meeting 27 January 2011 - #3030100

ORDINARY MEETING

27 JANUARY 2011

24 COMBINED APPLICATION - RECONFIGURING A LOT (1 LOT INTO 2 LOTS) AND MATERIAL CHANGE OF USE ON PROPOSED LOT 2 FOR MULTI UNIT HOUSING (SMALL SCALE) – 61-63 DIGGER STREET CAIRNS NORTH – DIVISION 7 Claire Garner : 8/30/139 : #2739525 PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 2 LOTS)

AND MATERIAL CHANGE OF USE ON PROPOSED LOT 2 FOR MULTI UNIT HOUSING (SMALL SCALE)

APPLICANT: EK DEVELOPMENT PO BOX 4656 CAIRNS QLD 4870 LOCATION: 61-63 DIGGER STREET, CAIRNS NORTH 4870 PROPERTY: LOT 23 ON RP701267 PLANNING DISTRICT: CBD - NORTH CAIRNS PLANNING AREA: TOURIST AND RESIDENTIAL PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: DEPARTMENT OF TRANSPORT & MAIN

ROADS STATUTORY ASSESSMENT DEADLINE: 2 FEBRUARY 2011 APPLICATION DATE: 22 SEPTEMBER 2010 DIVISION: 7 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. DEVELOPER CONTRIBUTION CALCULATIONS

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LOCALITY PLAN

RECOMMENDATION: A. That Council approves the development application for Reconfiguring a Lot

(1 lot into 2 Lots) on Proposed Lot 2 for Multi Unit Housing (Small Scale) over land described as Lot 23 on RP701267, located at 61-63 Digger Street, Cairns North, subject to the following:

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

expressions means:

Drawing or Document Reference Date Proposed Lot Reconfiguration Plan

EK Development Group DA.0.02

20 September 2010

ASSESSMENT MANAGER CONDITIONS 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:-

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a. The specifications, facts and circumstances as set out in the

application submitted to Council; b. The following conditions of approval and the requirements of

Council’s Planning Scheme and the FNQROC Development Manual.

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

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

Developer Contributions 3. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of water supply, sewerage infrastructure, traffic management and road upgrading, stormwater drainage services, stormwater quality and community purpose infrastructure.

Contributions must be paid at the rates applicable at time of payment.

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

Work or endorsement of the Plan of Survey, whichever occurs first. Water Supply and Sewerage Works Internal 4. Undertake the following water supply and sewerage works internal to

the subject land:- a. Provide a single internal sewer connection to each lot in

accordance with the FNQROC Development Manual; b. Provide easements having a nominal width of 3m over sewers

which are on a non-standard alignment; c. Existing water and sewer connections and internal plumbing must

be contained within the lot it serves. If not then the connection and internal plumbing must be relocated to within the lot.

All the above works must be designed and constructed in accordance

with the FNQROC Development Manual. Three (3) copies of a plan of the works must be endorsed by the Chief

Executive Officer prior to approval and dating of the Plan of Survey.

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All works must be carried out in accordance with the approved plans, to

the requirements and satisfaction of the Chief Executive Officer prior to approval and dating of the Plan of Survey.

Inspection of Sewers 5. CCTV inspections of all constructed sewers must be undertaken. An

assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to approval and dating of the Plan of Survey.

Damage to Infrastructure 6. In the event that any part of Council’s existing sewer/water

infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to approval and dating of the Plan of Survey.

Sewer Easement 7. Create an easement having a width of 3metres in favour of Council over

the existing sewer within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council. The approved easement document must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

External Works 8. Undertake the following works external to the land at no cost to

Council:

a. Construct a 2.0 metre wide concrete footpath to Digger Street frontage in accordance with FNQROC Development Manual Standard Drawing 1035;

b. Provision of a concrete crossover and apron to proposed Lots 1 &

2 in accordance with FNQROC Development Manual Standard Drawing 1015;

c. Make good the kerb(s) at redundant crossover(s);

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d. Repair any damage to existing kerb and channel, footway or

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

All works in the road reserve need to be properly separated from

pedestrians and vehicles, with any diversions adequately signed and guarded. Particular attention must be given to providing safe passage for people with disabilities i.e. the provision of temporary kerb ramps if pedestrian diversions are necessary.

The external works outlined above require approval from Council in

accordance with Local Law 22 – (Activities on Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to approval and dating of the Survey Plan.

Existing Services 9. Written confirmation of the location of existing services for the land

must be provided. In any instance where existing services are contained within another lot, the following applies, either:

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

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

Electricity Supply 10. Written evidence from Ergon Energy advising if distribution

substation/s are required within the development must be provided. If required, details regarding the location of these facilities must be submitted to the Chief Executive Officer accompanied by written confirmation from Ergon Energy.

Details regarding electricity supply must be provided prior to the issue of a Development Permit for Operational Works.

Electricity and Telecommunications 11. Written evidence of negotiations with Ergon Energy and the

telecommunication authority must be submitted to Council stating that both an underground electricity supply and telecommunications service will be provided to the development prior to approval and dating of the Plan of Survey.

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B. Material Change of Use That Council approves the development application for Material Change of

Use on Proposed Lot 2 for Multi Unit Housing (Small Scale) over land described as Lot 23 on RP701267, located at 61-63 Digger Street, Cairns North, subject to the following:

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

expressions means:

Drawing or Document Reference Date Existing & Proposed Area Plan


20 September 2010

Proposed Site/Ground Floor Plan


20 September 2010

Floor Plans EK Development Group DA.1.01

20 September 2010

Elevation 1 EK Development Group DA.1.01

20 September 2010


20 September 2010


20 September 2010


20 September 2010

ASSESSMENT MANAGER CONDITIONS 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the

application submitted to Council; b. The following conditions of approval and the requirements of

Council’s Planning Scheme and the FNQROC Development Manual.

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

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

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Developer Contributions 3. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of water supply, sewerage infrastructure, traffic management and road upgrading, stormwater drainage services, stormwater quality and community purpose infrastructure.

Contributions must be paid at the rates applicable at time of payment.

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

Work or endorsement of the Plan of Survey, whichever occurs first. Amendment to Design 4. The proposed building must be amended to accommodate the following

changes: a. To include greater articulation to the eastern (front) elevation by

use of colours, material finishes and textures; and Details of the above amendments must be endorsed by the Chief

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

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

the subject land:- a. The development must be serviced by a single internal water and

sewerage connection made clear of any buildings or structures; b. Water supply sub-metering must be designed and installed in

accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008;

c. Relocate the existing sewer or site the proposed building such that

the sewer is a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure; or

d. Replace the existing sewer main under or within 1.5 metres of the

building and within the zone of influence of the footings and foundations with uPVC sewer pipe class SN8.

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

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

All works must be carried out in accordance with the approved plans, to

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

Inspection of Sewers 6. CCTV inspections of existing sewers must be undertaken both prior to

commencement of works on site and at works completion. An assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Defects deemed to be caused by the works associated with this development must be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use.

Damage to Infrastructure 7. In the event that any part of Council’s existing sewer/water

infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Water Saving 8. All toilet devices in the development must be fitted with dual flush

cisterns and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Refuse Storage 9. Refuse storage is required to service the site in accordance with

Council requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from Cairns Water & Waste.

Details of the proposed location of the hard sufaced bin storage area/s

and associated screening are to be submitted and approved as part of the landscaping plan.

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Sewer Easement 10. Create an easement having a width of 3 metres in favour of Council over

the existing sewer within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council.

The approved easement document must be lodged and registered with

the Department of Environment and Resource Management prior to commencement of use.

Impact on Tree 11. A report from a suitably qualified Arborist is to be submitted to Council

for approval prior to the removal of any part of any tree overhanging the boundary of Lot 23 RP701267 and Les Davies Park. This report should address the need for the pruning and/or removal and in particular address any potential instability issues that may result form the removal of only a section of the tree.

Landscaping Plan 12. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show: a. Deep planting of all setback areas; b. Soft landscaping of at least 10% of the site, including private

courtyard areas; c. Planting of the footpath with trees, using appropriate species with

regard to any site constraints.

d. A minimum one (1) metre wide dense planter buffer is provided adjacent to any vehicle movement area or parking area.

e. Details of the height and materials of screening between the

private courtyard areas of each unit. f. Inclusion of any other relevant conditions included in this

Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be

endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

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Protection of Landscaped Areas from Parking 13. Landscaped areas adjoining the parking area must be protected by a

150 mm high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

Screen Fence 14. A screen fence must be provided to the side and rear boundaries of the

subject land, to the satisfaction of the Chief Executive Officer. The fencing must be consistent in terms of design and materials with other fences in the locality. The fencing must be completed prior to the Commencement of Use.

Parking Construction 15. The parking must be constructed in accordance with the FNQROC

Development Manual specifications prior to Commencement of Use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer.

Details of Driveway Colours 16. Details of the colours and finishes of the proposed driveway must be

endorsed by the Chief Executive Officer, prior to the issue of a Development Permit for Building Works.

Lawful Point of Discharge 17. All stormwater from the property must be directed to a lawful point of

discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Minimum Fill and Floor Levels 18. All floor levels in all buildings must be located 150 mm above the Q100

flood immunity level of 3.1 metres AHD, plus any hydraulic grade effect (whichever is the greater), in accordance with FNQROC Development Manual and Planning Scheme requirements. Council’s current records indicate existing ground levels of approximately range from 2.5 to 2.8 metres.

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Sediment and Erosion Control 19. Soil and water management measures must be installed/implemented

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

Construction Signage

20. Prior to the commencement of any construction works associated with

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

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

Crime Prevention through Environmental Design

21. The applicant/owner must ensure that all lighting and landscaping

requirements comply with Council’s General Policy Crime Prevention through Environmental Design (CPTED).

Lighting

22. All lighting installed upon the premises including car parking areas

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

Air Conditioner Screening 23. Any air conditioning units located above ground level and visible from

external properties or the street must be screened with appropriate materials to improve the appearance of the building.

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CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency Concurrence Agency

Reference

Date Council Electronic Reference

Department Environment & Resource Management

214/20AJ102(3858) CRN-311

25 November 2010 2992536

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act

2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 of the Sustainable Planning Act 2009 Sustainable Planning Act 2009 and 3.5.21 of the Integrated Planning Act 2007.

2. All building site managers must take all action necessary to ensure building

materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements. 4. Headwork contribution calculations are attached as Appendix 3. Please note

that the contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

5. For information relating to the Sustainable Planning Act 2009 log on to

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

EXECUTIVE SUMMARY: Council is in receipt of a development application seeking a Development Permit for a Material Change of Use for Multiple Dwellings (Small Scale) and for the Reconfiguration of a Lot (1 Lot into 2 Lots) at 61 -63 Digger Street, Cairns North, more particularly described as Lot 23 on RP701267.

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The site is situated within a Tourist & Residential Planning Area within the CBD- North Cairns Planning District. The site is also identified as being affected by the following Overlays: Flood Management, Operational Aspects of Cairns International Airport and Acid Sulfate Soils and is within Height Precinct 4. The proposed development seeks to retain, relocate and raise an existing low-set Queenslander and reconfigure the lot so that this house would be contained within its own parcel fronting onto the street. The proposed battleaxe lot to the rear would contain a new three-storey building consisting of three (3) Multiple Dwellings. The proposal generally satisfies the requirements of the Multiple Dwelling (Small Scale) Code despite a several non-compliances with the acceptable measures, particularly relating to minimum lots sizes, setbacks and parking provision. The reconfiguration of the lot would, however, enable the existing house to be contained within its own lot which would mean that it would be a better outcome than if it formed part of a Community Title Scheme. The retention of this Queenslander would serve partially obscure the proposed Multiple Dwelling building and would ensure that an attractive streetscape is retained. The proposal is generally considered to comply with the requirements of CairnsPlan and is recommended for approval, subject to conditions. TOWN PLANNING CONSIDERATIONS: Background The site has an area of 724m2 and is regular in shape, with a frontage of 20.11 metres. The lot is currently improved by a single, low-set Queenslander that is set towards the middle of the lot, on the same building line as the house at adjoining lot, 53 Digger Street. Development in the street consists of a mixture of single houses that include several examples of well-maintained Queenslanders of good character and multiple dwelling complexes of up to three stories in height on lots of various sizes. Setbacks in the street vary from 0 metres to 6 metres with approximately 3 metres being the average. The site adjoins Les Davies Park Drainage Reserve to the rear which is a long narrow park separating the properties that front Digger Street from those that front Sheridan Street. Within this park, abutting the rear boundary of the site is a large specimen of fig Ficus benjamina that has approximately 30% of its canopy overhanging the rear yard of the existing Queenslander and a large specimen of Damson Terminalia sericocarpa that is partially supported by the fig. Proposal The submitted application is for a Reconfiguration of a Lot (1 Lot into 2 Lots) and Material Change of Use for three (3) Multiple Dwellings (townhouses) at 61-63 Digger Street, Cairns North, described as Lot 23 on RP701267.

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Reconfiguring a Lot The site has an area of 724m² and the reconfiguration proposes two allotments to be created as follows: • Proposed Lot 1

Will have an area of 265m², a frontage of 20.1 metres and will contain the existing Queenslander that will be relocated to be setback 3 metres from the street and raised to accommodate vehicle parking beneath.

• Proposed Lot 2

Will have an area of 459m² with an access handle of 4.5 metres wide and will contain the proposed development subject of the Material Change of Use for Multiple Dwellings element of this proposal.

Material Change of Use The proposed Multiple Dwelling development would consist of a three storey building containing three (3) townhouse units. Two of the units would contain three (3) bedrooms and one unit would contain two (2) bedrooms. The building would have a height of 8.8 metres; setbacks of 1.2 metres to each side and 2.1 - 3.13 metres to the rear; a population density of 172pph, and a site cover of 33%. The proposed building design is contemporary with a skillion roof and rendered walls and incorporates awnings to all windows. Parking is to be provided in the form of single garages for units 1 and 2 and a double garage for unit 3, these to be provided at the ground level of each unit in addition to one (1) visitor space in the common property. The first floor of the units contains a combined kitchen/living/dining with a balcony on the western side. The second floor contains the bathrooms and bedrooms. Each of the units has a ground level private courtyard, laundry and landscaped area. CairnsPlan Assessment

CairnsPlan CBD –North Cairns Planning District

Code Applicability Compliance

Planning Area Tourist and Residential Complies (see below) Land Use Multiple Dwellings (Small Scale) Conditioned to comply

Hillslopes r - Character Precinct r - Vegetation Conservation & Waterway Significance r - Potential or Actual Acid Sulphate Soil Material Complies Bushfire Management r - Flood Management Complies Height and Impact of Buildings r - Operational Aspects of the Cairns International Airport Conditioned to comply

Overlays

Local Heritage r -

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Excavation and Filling Code Complies Infrastructure Works Code Conditioned to comply Landscaping Code Conditioned to comply Parking & Access Code Conditioned to comply Reconfiguring a Lot Code Conditioned to comply

General

Development Near Major Transport Corridors & Facilities Complies

Compliance Issues Tourist & Residential Planning Area Code The Tourist & Residential Planning Area Code does not specify a site population density for the CBD-North Cairns Planning District but at only 172 persons per hectare it is considered to be compatible with the desired outcomes for the Planning Area. The bulk of the proposed building would be partially concealed from the street by the existing Queenslander that would be moved forward and raised. This would minimise the visual impact of the proposed building within the streetscape although it would still be partially visible. The impact of the building on adjoining residential properties is discussed later in this report. The park to the rear of the site contains two established trees: a fig and a damson that abut the boundary. The construction of the proposed development would require the removal of at least a portion of the fig tree although this has the potential to unbalance the damson and cause stability issues. A condition of any approval requires that an Aborist’s report be submitted to address what works to these trees are required. No objection has been raised to their removal if this is the best outcome. Operational Aspects of Cairns International Airport The site falls within the 25-30 ANEF Contour for Cairns International Airport. Table 1 of the Code (which is based on AS 2021 – Acoustics – Aircraft Noise Intrusion – Building Siting and Construction) suggests that residential uses are incompatible in areas of greater than 25 ANEF. However, the site is within the Tourist and Residential Planning Area which Council has designated as suitable for Multiple Dwelling uses subject to Code Assessment. As part of the assessment process the application was referred to the Department of Transport & Main Roads who have no objected to the proposed development subject to the inclusion of Conditions requiring that the building be designed and constructed to incorporate noise attenuation measures. Flood Management Code The site is affected by the Flood Overlay of CairnsPlan. Records indicated that the Annual Recurrence Interval (ARI) of the Q100 flood is 3.1 metres at this location. The natural ground level of the site ranges from 2.5 metres – 3.0 metres.

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The proposed Multiple Dwellings are designed so that all living areas are contained at first floor and above, with the ground floor to be used for garage and laundry purposes. The applicant has stated that require minimal fill to bring them to the Q100 level. In this respect the proposal would comply with the Code requirements. A condition has been imposed to ensure that the finished floor levels of the dwellings are sited above the Q100 level by a minimum of 150mm to ensure that in the event of any future alterations to the internal layout that all living areas are flood immune. Multiple Dwellings (Small Scale) Code The site is within the Tourist & Residential Planning Area and no minimum lot size is suggested by the Acceptable Measures. The existing streetscape consists of a mix of houses and multiple dwellings with varying setbacks. The existing Queenslander would be retained to the front of the site within its own new lot with a road setback of 3 metres which is within 20% of the average of adjoining development. The proposed three storey building would be sited approximately 20.6 metres from the road frontage. The rendered building facades are to broken up by lines and features including blade walls, windows of varying patterns and sizes and awnings over windows. The balconies to the western elevation would incorporate glass balustrades and timber cladding. A condition of approval would require that additional textured features are added to the front elevation and that details of the proposed colour scheme be submitted for approval. The buildings are designed so that the windows of the Multiple Dwelling development would face onto Digger Street to the east and also Les Davies Park to the west and would allow for cross-flow ventilation. The western windows would be shaded by balcony structures incorporating bi-fold doors at first floor and window hoods at both first and second floors. The side and rear setbacks are less than those suggested by the Acceptable Measures as being the minimum to preserve privacy for residents and neighbours. However, the building would be mostly setback beyond the rear building line of the Queenslander at 53 Digger Street and would be a good distance from the unit complex at 65 Digger Street where carports and a driveway abut the common boundary. There are no properties to the rear, only Les Davies Park Drainage Reserve which would benefit from enhanced casual surveillance from the proposed west oriented units. Windows in the north and south side elevations would serve bathrooms and WCs which are non-habitable rooms and would be obscure glazed to preserve privacy of both future occupants of the units and also the adjoining residents. The proposed driveway would abut the common boundary with 65 Digger Street which contains a three-storey Multiple Dwelling development. Usually a 1 metre wide landscaping strip would be required to be provided adjacent to this boundary to preserve the amenity of the adjoining residents. However, the layout at the adjoining site has been designed so that carports and a swimming pool abut this side boundary with the residential building setback approximately 9 metres.

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Further, a 1.8 metre fence has been constructed along the entire length of this boundary. In this respect, it is considered that the requirement for a landscape strip along this boundary is unreasonable in this instance. A landscaping strip would, however, be provided for the full length of the boundary with Proposed Lot 1 that would contain the existing house. The driveway itself would not exceed 3.6 metres in width and would incorporate a change in material or colour to reduce its apparent length. A condition would require that details of the proposed colours be submitted for approval Reconfiguring a Lot Code The requirements of the Reconfiguring a Lot Code set out minimum specifications for created allotments regarding lot size, shape and dimensions. The acceptable measures of the code require lots in a Tourist & Residential Planning Area to be a minimum of 800m2, with a minimum road frontage of 20 metres, and a minimum rectangle contained within the lot of 20 metres x 30 metres. Neither of the proposed allotments complies these requirements. It should be noted that the historical development pattern within the surrounding area has resulted in a wide range of lots, including several that are less than 800m2 including the existing lot at its current size. Performance Criteria P1 of the Code requires that lots are of a sufficient size and dimensions to accommodate the intended land use; and protect environmental features and take account of site constraints. The intended use of each proposed lot forms part of this development application and as has been discussed earlier in this report it is considered that the proposed Multiple Dwellings and existing House can be contained within lots of these sizes with minimal impacts as there are no significant constraints on the site that cannot be managed through the imposition of reasonable and relevant conditions. The access handle to Proposed Lot 2 would be 17 metres in length and 4.5 metres in width. This would incorporate a driveway of a minimum width of 3.5 metres and a 1 metre wide landscaping strip alongside the boundary with Proposed Lot 1. It is considered that this access strip complies with the Code requirements. While the proposal doesn’t comply with the requirements of the code, it has been demonstrated that each has sufficient area, frontage and dimensions to accommodate: the buildings; other structures; required open space; vehicular access and car parking; service areas; pedestrian access; and landscaping. Further, all buildings and open living areas are designed and arranged on the site to provide privacy for residents and neighbours. Through the inclusion of the Material Change of Use component for the houses, it has been demonstrated that the proposed lots are ‘fit for purpose’. Parking & Access Code The Parking & Access Code requires that one and a half (1.5) spaces are provided per two-bedroom unit and two (2) spaces are provided for a three-bedroom unit with 0.25 of these spaces per dwelling to be provided within common property. In this respect, a total of five and a half (5.5) or six (6) spaces are required, including one unallocated visitors space in the common area.

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The applicant has requested that a dispensation of one (1) car park be provided based on the site’s close proximity to both Sheridan Street and associated bus routes and the Esplanade with its cycleway and footpaths. The applicant also alludes to the potential future bus route along Lake Street from the CBD, past the hospital and up to Tobruk pool that forms part of the proposed Cairns Transit Network

The Performance Criteria of the Code require that sufficient spaces must be provided on the site to accommodate the amount and type of vehicle traffic generated. It is likely that both the three (3) bedroom units would generate two (2) cars each while the two (2) bedroom unit could reasonably generate only one (1) car. In this respect unit 1 is likely to either use the visitor space or park on the street. The aim of the Performance Criteria is to ensure that the site can contain all the parking generated and the potential for on-street parking is to be avoided. Notwithstanding the above comments, consideration must be given to the fact that the proposed development is only small scale, consisting of three (3) units and that the shortfall of parking is only one (1) space. Some weight is also given to the proximity of the site to public transport and safe cycle routes and also to the commercial developments on Sheridan Street, a block away, many of which are within a range of 400 metres by foot and consist of Shopping Facilities and Business Facilities that provide a range of services and products. In respect of these points it is considered reasonable to allow a shortfall of one space for this particular development on this site. Concern has been raised by Council engineers regarding the on site ingress and egress from each garage with particular regard to the garages of units 1 and 2 and also with regards to the potential for cars to park in front of the garage of unit 3 and block access to the other units. The applicant has submitted turning templates for utilising a B99 vehicle as the design vehicle in accordance with the Australian Standards. These indicate that the on-site manoeuvring would be tighter than ideal but that the maximum number of movements to egress the site in forward gear is three. This is considered acceptable for this development due to the minimal number of potential cars and pedestrians in the aisle and the low speed of movements in this area. Siting - Queensland Development Code The proposed siting layout request generally appears to satisfy the performance criteria stated in the Queensland Development Code. Following referral to Council’s Building Services department the proposed boundary setbacks for both the Multiple Dwelling building and existing House are considered acceptable and a dispensation has been approved. Public Notification / Submissions The application is Code Assessable and no public notification is required.

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External Referrals The application was referred to the Department of Transport & Main Roads (DTMR) as a Concurrence Agency as the site is within 100 metres of a State Controlled Road and is within the 25 ANEF Contour for Cairns International Airport which is identified as a trigger for residential developments under Schedule 12 of the Sustainable Planning Regulations. The DTMR issued an Information Request relating to a noise report and later issued Conditions to be included in any approval which are contained in Appendix 2 of this report. These conditions require that the design and construction of the development must comply with the building attenuation requirements of the acoustic report provided in response to the information request and restrict the use of reflective roof materials. HEADWORKS / CONTRIBUTIONS: The proposed development triggers Developer’s Headwork’s Contributions. Refer to Appendix 3 to view calculations. Claire Garner Planning Officer Action Officer Kelly Reaston Manager Development Assessment

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

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APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 3 DEVELOPER CONTRIBUTION CALCULATIONS

combined application - reconfiguring a lot (1 lot into … · (1 lot into 2 lots) on proposed lot 2...

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