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18 Agenda Ordinary Meeting – 7 December 2016 #5280822 ORDINARY MEETING 7 DECEMBER 2016 3 MATERIAL CHANGE OF USE - EDUCATIONAL ESTABLISHMENT, OFFICES & PARKING STATION – 42-52 ABBOTT STREET, CAIRNS CITY – DIVISION 5 C S Garner | 8/7/3680|#5245950v2 PROPOSAL: EDUCATIONAL ESTABLISHMENT, OFFICES & PARKING STATION LAND OWNER: JUNIPER PROPERTY HOLDINGS NO 25 PTY LTD (TTE) APPLICANT: JUNIPER PROPERTY HOLDINGS NO 25 PTY LTD (TTE) C/-PLANZ TOWN PLANNING PO BX 181 EDGE HILL QLD 4870 LOCATION OF SITE: 42-52 ABBOTT STREET, CAIRNS CITY PROPERTY: LOT 1 ON SP231873 ZONE: PRINCIPAL CENTRE PLANNING SCHEME: CAIRNSPLAN 2016 REFERRAL AGENCIES: NONE STATUTORY ASSESSMENT DEADLINE: 14 DECEMBER 2016 APPLICATION DATE: 15 SEPTEMBER 2016 DIVISION: 3 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. NOTICE OF INTENTION TO COMMENCE USE 3. INFRASTRUCTURE CHARGES NOTICE 4. EXISTING LEVEL 1 TENANCY PLAN 5. CONCEPT ELEVATION PLAN

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18

Agenda Ordinary Meeting – 7 December 2016 #5280822

ORDINARY MEETING

7 DECEMBER 20163

MATERIAL CHANGE OF USE - EDUCATIONAL ESTABLISHMENT, OFFICES & PARKING STATION – 42-52 ABBOTT STREET, CAIRNS CITY – DIVISION 5

C S Garner | 8/7/3680|#5245950v2

PROPOSAL: EDUCATIONAL ESTABLISHMENT, OFFICES & PARKING STATION

LAND OWNER: JUNIPER PROPERTY HOLDINGS NO 25 PTY LTD (TTE)

APPLICANT: JUNIPER PROPERTY HOLDINGS NO 25 PTY LTD (TTE)C/-PLANZ TOWN PLANNINGPO BX 181EDGE HILL QLD 4870

LOCATION OF SITE: 42-52 ABBOTT STREET, CAIRNS CITY

PROPERTY: LOT 1 ON SP231873

ZONE: PRINCIPAL CENTRE

PLANNING SCHEME: CAIRNSPLAN 2016

REFERRAL AGENCIES: NONE

STATUTORY ASSESSMENTDEADLINE: 14 DECEMBER 2016

APPLICATION DATE: 15 SEPTEMBER 2016

DIVISION: 3

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

USE3. INFRASTRUCTURE CHARGES NOTICE4. EXISTING LEVEL 1 TENANCY PLAN5. CONCEPT ELEVATION PLAN

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Agenda Ordinary Meeting – 7 December 2016 #5280822

LOCALITY PLAN

RECOMMENDATION:

That Council approves the development application for a Material Change of Use for an Educational Establishment, Offices & Parking Station, over land described as Lot 1 SP231873, located at 42-52 Abbott Street, Cairns City, 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 DateFloor Plan – Level 2 RPS drawing no: 9648_40C, Amend

C ‘Juniper Development Group Lease Master Plan, First Floor’

7 April 2015

Floor Plan – Level 3 RPS Drawing no: 9648_51, ‘Lease CQ’

20 January 2015

Floor Plan – Level 4 Peddle Thorp project no: 173148, ‘Level 04 – Proposed’

3 September 2015

Floor Plan - Levels 5 & 6

Peddle Thorp project no: 173148, drawing: 105, Rev C ‘Level 05 & 06 –Proposed Typical Plan’

24 August 2016

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ASSESSMENT MANAGER CONDITIONS

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:

a. The specifications, facts and circumstances as set out in the application submitted to Council, including recommendations and findings confirmed within technical reports; and

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be satisfied prior to prior to the issue of a Compliance Certificate for the Plan of Survey, except where specified otherwise in these conditions of approval.

Notice of Intention to Commence Use

3. Prior to commencement of the use on the site, written notice must be given to Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced. (Attached at Appendix 2).

Amendment to Design

4. The development is located on a strategic site within the Cairns City Centre and should be designed to contribute to the character, amenity and vitality of the streetscape. The extension to the existing building should promote high quality, contemporary building design that complement and enhance the established character and tropical image of the building.In particular, the building should be redesigned with the following elements:

a. Provide articulation to the corner of the building above the existing awning;

b. Design the external façade of Levels 4- 6 with materials and finishes that appear to visually recede, leaving the lower levels dominant in the streetscape;

c. Incorporate design features such as recesses and vertical landscaping that breaks up the visual bulk of Levels 5 and 6 of the building; and

d. Include vertical landscaping as a feature on the front façades of Levels 4 to 6.

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Details of the above amendments, shown in plans, elevations and perspectives must be endorsed by the Chief Executive Officer prior to lodgement of a Development Permit for Building Work.

Hydraulic Network Analysis

5. Provide supporting information including hydraulic network analysis demonstrating how the development will be serviced by Council’s water and sewer Infrastructure.

Liquid Waste Disposal

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

Where trade waste is likely to be discharged from the education facilities, a report demonstrating that the facility complies with the TWEMP must be submitted to and be approved by Council prior to the discharge of trade waste to sewer.

All measures for pre-treatment must be installed prior to commencement of discharge.

Vehicle Parking Station

7. The amount of vehicle parking must be a minimum of one-hundred-and-eight (108) spaces of which twelve (12) spaces can be provided in tandem as shown in the approved plan. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Vehicle Parking Management Plan

8. A Vehicle Parking Management Plan to manage the Vehicle Parking Station must be prepared, endorsed and carried out to the satisfaction of the Chief Executive Officer Cairns Regional Council.

9. The Vehicle Parking Management Plan must include, but not be limited to, the following contents:

a. the method of regulation and/or management of vehicle parking;

Note: This may include the use of a boom gate, pay stations, ticketing, annual permitting or other mechanisms to permit the use of the vehicle parking.

b. the inclusion of a minimum of one-hundred-and-eight (108) spaces, of which twelve (12) spaces can be provided in tandem. The tandem car parks must be allocated to staff of specific tenancies and must not be included in a general pool of regulated parking and be assigned accordingly;

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c. ensure that all times, the parking spaces within the vehicle parking station must remain accessible to its users and maintained to the relevant standards;

d. outline signage advising of the location of the off-street parking area, access thereto and occupancy. The signs must be erected prior to Commencement of Use. One (1) sign must be located on the Shields Street frontage; and

e. ensure CPTED is incorporated into the management of the facility.

Bicycle Parking

9. Provide and maintain accessible, secure, undercover bicycle parking within the boundaries of the site to the satisfaction of the Chief Executive Officer Cairns Regional Council. Facilities for a minimum of thirty-seven (37) spaces must be provided.

The bicycle parking areas must be established prior to the Commencement of Use.

End of Trip Facilities

10. End of trip facilities must be provided, designed and constructed in accordance with Australian Standard AS2890.3 and the Queensland Development Code MP4.1.

Refuse Storage

11. The development must be serviced by bulk bins. These must be stored in accordance with Council’s requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

Damage to Council Infrastructure

12. In the event that any part of Council’s existing sewer, water, stormwater, footpath or road infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owner’s/builder’s cost, prior to the Commencement of Use.

Storage of Machinery & Plant

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

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Lawful Point of Discharge

14. 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.

Ponding and/or Concentration of Stormwater

15. The proposed development and any retaining walls are not to create ponding nuisances and/or concentration of stormwater flows to adjoining properties.

Lighting

16. Any 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 (where adjacent or opposite a residential use or other form of accommodation) must not exceed eight (8) lux measured at any level upwards from Level 1.

Construction Signage

17. 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

18. The applicant/owner must ensure that all lighting and landscaping requirements complies with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

Air-Conditioning Screens

19. Air-conditioning units located above Level 1 must be located and/or screened with appropriate materials to ensure the appearance of the building is not diminished by the visual impact of mechanical plant to the satisfaction of the Chief Executive Officer Cairns Regional Council. Such screening must be completed prior to the Commencement of Use.

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FURTHER ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of section 339 and section 341.

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. Signs on the subject land must conform with the relevant provisions of Local Law No.4 (Advertising Devices) 2016 and CairnsPlan 2016 requirements, to the satisfaction of the Chief Executive Officer.

4. The development will need to comply with the relevant disability access requirements under the National Building Code of Australia.

5. Council are likely to be embarking on Stage 3 of the Shields Street upgrade during the life of this approval (and possibly commencing in the 2016 Financial year) – project managers, designers, and /or contractors should liaise with Council officers with respect to timing of the potential upgrade works and coordination of such works with the works associated with the subject approval. Access and egress may, at times, be impacted upon by the street upgrade.

6. Noise from air conditioning units, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

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

8. For information relating to the Sustainable Planning Act 2009 log on to www.diglp.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

EXECUTIVE SUMMARY:

Council is in receipt of an application for a Development Permit for a Material Change of Use for a new Educational Establishment, Offices and Parking Station, with a potential future tenant being ‘Central University Queensland’ (CQU), a tertiary-level educational establishment. The uses are to be located within an existing three-storey commercial building plus two (2) new, additional levels to be established above the existing roof-top car park (which is to become Level 4). The extended area of office/education facility proposed is 1,951m2. The ground flood tenancies are not intended to change in this development application.

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The site is contained within the Principal Centre Zone and within Precinct 1 - City Centre Core of the City Centre Local Plan, where an Educational Establishment use or Office is identified as a Code assessable use and an encouraged activity therein. In particular, it is noted that the growth of a university in the Cairns City Centre is set to be a significant contributor to its vitality and activity.

The vehicle parking is proposed to be contained within the existing vehicle parking area due to its current under use and potential over-supply should no change in user behaviour occur, or the demand from a tertiary education facility be less than an office development. It is considered that this is an appropriate response by the development which will achieve the necessary balance between on-street and off-street parking availability.

While there are a number of façade design matters that require amendment to better reflect the tropical urbanism outcomes and purpose of the Shields Street Precinct in the City Centre Local Plan, the proposed building and its use is considered to be consistent with the development outcomes for the Cairns City Centre itself. The application is therefore recommended for approval subject to conditions.

TOWN PLANNING CONSIDERATIONS:

BackgroundThe 3,714m2 corner site contains a three-storey building, known as Cairns Square and formerly known as the Tropical Arcade. There are three (3) easements registered across the site for pedestrian access purposes (A) and sewerage (B & C). Under CairnsPlan 2016, the site and surrounding blocks are located within the Principal Centre Zone and the City Centre Local Plan. Several Overlays also apply to the site, however as this proposal does not involve any external changes to the building at ground level, these are not relevant in this assessment.

In 2006, a Development Permit (8/7/397) was issued for a Material Change of Use for the Extension to Shopping Facilities (overall area 501m2 to 10,000m2).

In 2009, Council issued a Development Permit (8/7/153) for an extension to Business Facilities. This application was required due to the increase in areas to be used as office space on Level 3 from 1,173m2 to 2397m2. As a consequence the roof-top parking was also redesigned to accommodate the additional car parking spaces required for the increased demand. As part of that development, the Applicant also undertook a major refurbishment of the building. This included the provision of a number of specialty Shops and a food court on Level 1, with an arcade linking Abbott and Shield Street. Levels 2 and 3 contain Office uses (currently occupied by CQU) and a (permit-only) roof-top car park on the Level 4 provides 124 car spaces and is accessed via a ramp from Shields Street.

The existing Gross Floor Area is 7,124m2, for which the parking demand is one- 144spaces. There is currently a shortfall of 20 spaces on-site. A total of (23) on-street car spaces (including one PWD space); two motorcycle spaces; and a double loading bay immediately adjoin the two site frontages.

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The existing building is constructed with a zero metre setback to all boundaries, at all three levels and there are cantilever awnings for the full width of the footpath to both road frontages, with articulation to the corner of the site. The street elevations are enhanced through the use of steel beams and coloured panels which present a distinctive built form, strong emphasis on horizontal lines and sense of address.

An application (8/7/3465) for a Material Change of Use for an Educational Establishment and extension Business Facilities was submitted in January 2016, for assessment under CairnsPlan 2009. Under that Scheme, the Educational Establishment element of the proposal triggered Impact assessment. The Applicant voluntarily withdrew that application 29 August 2016 and subsequently submitted this current application for the same development but made under CairnsPlan 2016, which identifies both uses as Code assessable.

Proposal

The proposed development is for a Material Change of Use for Educational Establishment and Offices. The proposal involves the extension of the existing three-storey building by enclosing the existing car parking to become the Level 4 and constructing two additional levels above. The proposed development relates to Levels 2 to 6, with the Shop and Food & Drink Outlet uses at ground level remaining. The Applicant has applied for both uses to provide for flexibility in future tenanting. The likely tenant of the two additional levels would be Educational Establishment CQU, as they currently occupy the Offices at Levels 2 and 3. Alternatively, the building could be occupied by tenants that require large Office floor space such as government departments or a bank.

The proposed development will result in a loss of 16 on-site parking spaces to facilitate the extension of load-bearing columns from Level 3, through Level 4 to support Levels 5 and 6 as well as lift shafts through these levels. A total of 108 spaces would be provided within the existing car park at Level 4.

The enclosed car park at Level 4 would become a use in its own right, as a Parking Station. The intent of this use is to create a suitable balance between on-site and on-street vehicle parking demand rather than create a situation where the existing above ground uses, included the intended university does not have an appropriate or uncertain level of parking.

Formalised, secure, undercover bicycle parking will be provided in a designated location within the pedestrian arcade at Level 1 near the lifts and also within the existing car parking area at Level 4, which would become undercover due to the addition of Levels 5 and 6 above.

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CairnsPlan 2016 Assessment

CairnsPlan 2016 Code Compliance Comments

Zone Principal centre Conditioned to Comply

The proposed Educational Establishment and Office is consistent with the purpose and overall outcomes sought for the zone and reinforces the role and function of the Principal Centre zone within the hierarchy of centres. Further guidance is provided within the City Centre Local Plan.

Local Plan City Centre (Precinct 1- Core)

Conditioned to Comply

Compliance with the Performance Outcomes is considered further below.

Land Use

Educational Establishment N/A No applicable land use code

Office N/A No applicable land use code

Parking Station Complies

The proposed parking station is located within the existing building, and has the necessary facilities to operate appropriately. A condition of the approval is to prepare and vehicle parking management plan.

Overlays

Airport Environs Complies The proposed development does not impact on the operational aspects of the airport.

Acid sulfate soils Complies Existing building - no excavation or filling works proposed.

Flood and inundation hazards Complies Existing building - no changes to the ground floor

premises are proposed.

Transport Network CompliesThe Road Hierarchy Overlay identifies Abbott Street as a Sub-Arterial Road and Shields Street as

Development CodesCodes

Centre design Complies

Environmental performance code Complies

The proposed use may create light and noise due to the vehicle parking. However this is existing and is to become internal. Therefore the external impacts are expected to reduce. Notwithstanding, a condition about lighting is recommended.

It is noted that there is an existing issue with stormwater discharge from the car parking area. As this car parking area would be covered over, this specific issue would be diminished but a condition requires that stormwater from the proposed roof be satisfactorily diverted to a lawful point of discharge.

Excavation and filling Complies There are no excavation or filling works proposed.Infrastructure works Complies The site is connected to all reticulated services.

Landscaping Complies

The existing site has 100% site cover. However, there is established on-street landscaping that positively contributes to the streetscape.

A condition requires that the built form includes vertical landscaping. A landscaping plan will be required to be submitted for endorsement.

Parking and access Complies

One-hundred-and-eight (108) spaces are proposed on-site.

Compliance with the Performance Outcomes is considered further below.

Vegetation Management Complies There is no existing vegetation on site.

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Compliance Discussion

City Centre Local Plan

Built form

The existing building is three storeys and 11.7 metres in appearance (approximately 10.5 metres to the floor of the rooftop parking), and has a zero metre setback to both road frontages. The stairwell and other plant infrastructure give a current overall building height of approximately 13 metres. The majority of both frontages above the street level are glazed with coloured glass, with no recesses, allowing for passive surveillance of the street.

The proposed expansion seeks an additional 3 levels which provides for an estimated overall building height of 21 metres plus additional plant or lift over-run structures. No elevation plans have been provided within the application. However a concept perspective has been submitted (Appendix 4) which indicates that external vertical screening will be affixed to the proposed new levels. This is also reflected in the level plans.

The City Centre Local Plan requires within its acceptable outcomes that parts of the building above 9 metres or two storeys, should be setback 15 metres from Shields Street frontage of the site, require articulation in the façade plane, introduce light colours, depth and shade and incorporate landscaping. The proposed concept does not meet these outcomes and it is therefore necessary to consider the purpose, including the overall outcomes, of the City Centre Local Plan Code.

The overall outcomes contained in the code, as outlined in section 7.2.2.3(2) of CairnsPlan, identify the following (among other things) in relation to the design and built form of development in the City Centre:

(c) development above podium level is appropriately set back from the street frontage and site boundaries to: (i) maintain the character and amenity of the streetscape; (ii) maintain view lines

and vistas to the mountains and the ocean along the streets, between developments and to and from public places;

(iii) provide appropriate separation between buildings on the same site or adjoining sites.

(d) development interacts with and contributes to a sense of local identity;

(g) development is characterised by high quality urban design that responds to the tropical climate and complements adjoining and nearby development to achieve an appropriate and memorable cityscape and streetscape form;

(h) development demonstrates tropical urbanism through:(i) providing a high standard of design reflective of the qualities of good urban

places; (ii) buildings and structures by their design and setting reflect the concept of a

‘city in a rainforest’;

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(iii) appropriate use of materials and landscaping;(iv) provision of shading to all facades to improve occupant amenity and the

appearance of the building;

(m) development allows for views to and from prominent and important city landmarks and retains and enhances vistas to the mountain ranges, ocean and the Esplanade;

(t) vehicle parking areas are integrated within or behind buildings to ensure they are not visual features of the local plan area;

In addition to 7.2.2.3(2), the overall outcomes sought for the Precinct 1 under section 7.2.2.3(3) include:

(b) built form and building height reinforces the prominence of the city centre as the Principal centre;

(c) development provides a street canopy over the footpath at street level;

(i) the pedestrian scale streetscape and view lines of Precinct 1a - Shields street are maintained.

The applicant has offered the following commentary in relation to the need for reduced setbacks, and the façade design:

The design of the new storeys has been ‘dictated’ by the existing façade and construction which requires an extension of the existing load bearing columns from level 3 through levels 4, 5 and 6, with plate slabs extending to the existing building perimeter for each new level.

The location of the load bearing columns, encourages large-floorplates which attract the highest order, commercial, employment and education tenants such as CQU, Banks and the State or Federal Government, and reinforces the prominence of the City centre as the Principal centre and supports a 24 hour economy.

The design parameters are particular to this site, and the design supports the adaptive-re-use of the building over time – for a wide range of retail, commercial, administrative, community, cultural, tourism, education and entertainment activities. The large floorplate office/commercial/university space in the CBD provides an additional level of maturity for the Cairns CBD which has benefits beyond the boundaries of the site the subject of the application.

The establishment of the university is very much in line with the aspirations of the Cairns Regional Council’s City Centre Alive strategy and places Cairns on-par with capital cities who have success with university campuses in central business districts as they are located close to requisite facilities and public transport. Inner city university campuses are part of departure from greenfield university campus such as JCU Smithfield, which are heavily reliant on large vehicle parking lots as they are difficult to service with public transport.

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The existing the 4 storey building is already a landmark in the CBD and the design boldly and deliberately strengthens the civic and community function and presence of the building.

The external façade design facing Shield Street and Abbott Street has been carefully considered by Peddle Thorpe Architects in respect of scale and articulation. The existing external elevations are well defined with an emphasis on horizontal lines. The new levels have been designed to float on top of the existing. This has been achieved by making the car park level darker and appear to recede, with the two new floor levels reading as one, overhanging the level below.

In order to reduce scale and add variety, the building rooflines and elevations have been broken along their lengths. This has been achieved by the introduction of recessed courtyards on both the street facing sides which relate to the existing arcades below. While this façade articulation creates light and shade to the outside, the interior spaces benefit by the increased natural light provided, and improved amenity for the buildings occupants. These courtyards activate the upper levels of the building and also allow for landscaping elements to be introduced.

The new treatment of the building faces utilise external vertical screening which provides light and shadow to the outside, and gives shade to the internal spaces. This is particularly important on the Abbott Street frontage which faces west. Glazing areas can be increased behind these screens allowing for improved natural light levels to the inside. Lightweight cladding with high levels of insulation and this carefully designed sun shading can improve visual comfort significantly, whilst minimising heat gains and reducing energy consumption.

The external vertical screening is set off the building face at a subtle angle. It stops short of the corner giving the impression of ‘peeling back’ to expose the building behind. Visual interest has been added to the external screens by incorporating variety in the screen patterning. This is enhanced by the use of the 3 green colours, which relate back to those used on the existing Cairns Square Building.

Having regard to the proposed concept design, it is considered that:

the addition of the storeys above is an appropriate response to the constraint of the existing building structure and the opportunity to attract a single, large floorplate use in the Cairns City Centre;the screening and narrow recesses could assist in relief in the façade;the increase in number of floors is also considered to be appropriate in that it does not detrimentally impact on view lines and the like given the existing adjacent building which is built to boundary to 4 storeys (with an additional storey recently being approved);the use and screening of the car parking station is a suitable outcome;

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the existing Cairns Square building is a well-known and appropriately designed building which may continue to exist without significant changes to the façade should it be considered appropriate to not do any further works by the owner;the existing streetscape, and awning coverage afforded by the existing building appropriately address those aspects of good urban design relating to pedestrian comfort and a canopy over the street.

Notwithstanding the above, it is considered that the overall appearance and response to the City Centre Local Plan does not adequately address the intended outcomes of the City Centre Local Plan Code, particularly in relation to the tropical urbanism and relief in building plane that will assist in reducing the dominance of a 6 storey building having a number of proposed façade treatments.

As pointed out by the applicant and concurred by officers, the building is a gateway building, being on the corner of a prominent intersection – Abbott Street and Shields Street, opposite the newly created pedestrian environment, and the cultural heritage significant, Cairns Museum. The Shields Street Precinct (Precinct 1a) aims to achieve development that allows the pedestrian environment from the Esplanade to Cairns Central with a number of buildings having cultural heritage significance, to be the predominant aspect of this city spine. It is therefore imperative that the design of the three additional storeys above the building be designed to

achieve an appropriate and memorable cityscape and streetscape form contribute through better articulation of the corner of the building;to contribute to the sense of identity in the City and the Precinct which should be characterised by a recessed appearance, rather than a dominating appearance;achieve a more definitive response to tropical urbanism through increased breaks in the façade plan and a more positive use of vertical landscaping, which could include rooftop treatments;

An amendment to design condition is recommended as follows:

a. Provide articulation to the corner of the building above the existing awning;

b. Design the external façade of Levels 4- 6 with materials and finishes that appear to visually recede, leaving the lower levels dominant in the streetscape;

c. Incorporate design features such as recesses and vertical landscaping that breaks up the visual bulk of Levels 5 and 6 of the building; and

d. Include vertical landscaping as a feature on the front façades of Levels 4 to 6.

Parking & Access Code

The acceptable outcomes of the Parking & Access Code outline that the use generates a demand for a total of 182 on-site parking spaces, whereas only 108 permit-only spaces are provided on-site, including 12 as tandem, staff spaces. There is a notable shortfall of 74 on-site parking spaces when referring to the acceptable outcomes within the CairnsPlan alone. However, at present of the 124 current spaces available, only 39)spaces are being utilised at present, and are not utilised by the public or most ground floor tenants.

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The future Educational Establishment or Office tenant will likely be predominantly occupied during usual business hours. As parking demand for an Educational Establishment use is calculated based on student/staff numbers, it is not feasible to calculate this at this stage as the preferred tenant is not currently operating in the space and the conduct of a tertiary education facility use in this environment has no current parking demand data. Therefore the assessment must be considered with respect to the potential Office use.

The parking demand for Office and Shops for parking within the Principal Centre zone is 1 per 50m2. As such, 182 spaces are required for the entire development. As is consistent with Council’s approach to similar development on other sites in the City Centre, a demand is not applied to the Level 1 Shops, Food & Drink Outlets and Offices which have a high level of pedestrian access, cross-utilisation with other uses on other City Centre sites and have a high rate of customer turnover that are currently provided for by the on-street regulated parking in the vicinity of the site.

One-hundred-and-twenty-four spaces are currently provided on site, in the roof-top car park (Level 4). A slight reduction in the number of existing spaces is required in order allow for construction of support structures for the two proposed levels above. A total of 108 spaces are to be provided for the development, 12 spaces in tandem and six spaces are identified as being for use by small cars, as approved under Development Permit 8/7/1543. A condition of the approval requires the tandem spaces to be allocated to staff and must be assigned accordingly. Access to the car park is via a ramp that is internal to the site and is accessed via a crossover from Shields Street. A barrier will installed restricting access only to those with permits. Each permit relates to a specific number parking space.

A number of site inspections, combined with data from the Applicant and aerial photographs indicate that there is a fairly low occupancy of the existing parking area. As such, many of the current users of the building must be parking either on-street or another car park in the City Centre. Given the noted lack of use at present, and the potential shortfall due to an unknown demand, the application includes a Parking Station use for this new fourth level which would enable the spaces to be leased or permitted to its occupants (potentially students and the like), or otherwise regulated for external customers that are not associated with the on-site uses. This would encourage a greater occupancy of on-site parking which would, in turn, reduce or balance demand for on on-street parking in the vicinity of the site. This is considered an appropriate outcome, not just for the development, but for the provision of parking in the city in general.

Bicycle Parking

The Applicant has stated that they intend to provide an area for bicycle parking within the pedestrian arcade at Level 1 and within the existing car parking area. Both these areas would be covered and secure. A recommended condition requires that facilities for a minimum of 37 bicycle spaces and end of trip facilities are provided on-site.

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Public Notification / Submissions

The application is Code Assessable and Public Notification is not required.

INFRASTRUCTURE CHARGES:

The proposed development triggers the payment of infrastructure charges for the net increase in Gross Floor Area by 1,951m2. Refer to Appendix 3 to view calculations. It is noted that the demand for both Office and Educational Establishment are the same so there is no requirement to generate two sets of calculations. As the site already has 100% site cover there would be no increase in impervious area and therefore there is no additional stormwater charge.

Notwithstanding, it is noted that Infrastructure Charges issued along with Development Permit 8/7/1543 remain unpaid. The payment of these charges is being pursued separately.

Claire GarnerPlanning OfficerAction Officer

Paul CohenA/Manager Strategic Planning & Approvals

Peter BoydA/General Manager Planning & Environment

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

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APPENDIX 2: NOTICE OF INTENTION TO COMMENCE USE

Development PermitSustainable Planning Act 2009

NOTICE OF INTENTION TO COMMENCE USE

Development Permit 8/7/3680Date of Approval 14 Decemeber 2016

Approved Use Educational Establishment & Officer

Location 42-52 Abbott Street, CAIRNS CITY

Property DescriptionLot 1 on SP231873

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

on ___________________________________________ (insert date).

I have read the conditions of the Decision Notice issued and believe that all the applicableconditions have been complied with.

Applicant: _____________________________________

Address: ______________________________________

______________________________________

Contact Phone: ______________________________________

-------------------------------------------------------------Signature of Applicant/Owner

Date: ________________________

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APPENDIX 5: CONCEPT ELEVATIONS