62 ordinary meeting 6...2019/12/11 · building envelopes jb design cairns pty ltd, job no. 19055,...

62

Agenda – Ordinary Meeting 11 December 2019 - #6165688

ORDINARY MEETING

11 DECEMBER 2019 6

RECONFIGURING A LOT (1 LOT INTO 5 LOTS) – 186-188 PROGRESS ROAD, WHITE ROCK – DIVISION 3 Nicole Tsakissiris | 8/13/2203 | #6227681 PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 5 LOTS) LANDOWNER: L J HARRIS APPLICANT: L HARRIS C/- PR PLANNING PO BOX 597 BUNGALOW QLD 4870 LOCATION OF SITE: 186-188 PROGRESS ROAD, WHITE ROCK

PROPERTY: LOT 4 ON C198140 ZONE: LOW DENSITY RESIDENTIAL LOCAL PLAN: NOT APPLICABLE PLANNING SCHEME: CAIRNS PLAN 2016V1.2 REFERRAL AGENCIES: STATE ASSESSMENT AND REFERRAL

AGENCY NUMBER OF SUBMITTERS: SIX (6) NOT PROPERLY MADE (NINE (9)

SUBMISSIONS) STATUTORY ASSESSMENT DEADLINE: 11 DECEMBER 2019 APPLICATION DATE: 4 FEBRUARY 2019 DIVISION: 3 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. FNQROC STANDARD DRAWINGS 3. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 4. INFRASTRUCTURE CHARGES

CALCULATIONS 5. SUPPORTING INFORMATION TO

PLANNING REPORT

63


LOCALITY PLAN

RECOMMENDATION A. That Council approves the Development Application for Reconfiguring a Lot

(1 Lot into 5 Lots) over land described as Lot 4 on C198140, located at 186-188 Progress Road, White Rock, 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 Proposal Plan (Proposed 5 Lot Subdivision)

190HAR Dated 30/1/2019

Building Envelopes JB Design Cairns Pty Ltd, Job No. 19055, Sheet No. 02

Dated 16 October 2019

Assessment Manager Conditions

1. This approval, granted under the provisions of the Planning Act 2016,

shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 85 of the Planning Act 2016.

2. Carry out the approved development generally in accordance with the

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

64


a. The specifications, facts and circumstances as set out in the application submitted to Council; 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

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

Operational Works

4. An Operational Works Approval is required for sewer, drainage and

electricity supply works associated with the development. Such works must be completed to the satisfaction of the Chief Executive Officer, prior to Council approval of the Plan of Survey.

Future Dwelling House

5. A building envelope must be provided for each of Lots 2 - 5 inclusive to

ensure that a future Dwelling House on each lot is contained in the areas shown in the approved plans, including:

Lot 2

a. A minimum boundary clearance of 5.7 metres from the front boundary, 3 metres from the rear boundary, 750mm from the side (western) property boundary. All setbacks are measured to the outermost projection;

b. The side (eastern) boundary must have a mandatory ‘built to boundary wall’;

c. The enclosed single carport/garage must be located up to the built

to boundary wall; and d. Site coverage must not exceed 50%.

Lot 3

a. A minimum boundary clearance of 4.5 metres from the front

boundary, 3 metres from the rear boundary, 750mm from the side (eastern) property boundary. All setbacks are measured to the outermost projection;

65


b. The side (western) boundary must have a mandatory ‘built to boundary wall’;


to boundary wall; and

d. Site coverage must not exceed 50%. Lot 4


boundary, 3 metres from the rear boundary, 750mm from the side (western) property boundary. All setbacks are measured to the outermost projection;

b. The side (eastern) boundary must have a mandatory ‘built to boundary wall’;



Lot 5


boundary, 3 metres from the rear boundary, 750mm from the side (eastern) property boundary. All setbacks are measured to the outermost projection;

b. The side (western) boundary must have a mandatory ‘built to boundary wall’;



A property notation to this effect will be placed on the Rates for each new Lot.

66


Water Supply and Sewerage Works

6. Undertake the following water supply and sewerage works internal to the subject land:

a. Extend sewer main and provide a single internal sewer connection

to each lot in accordance with the FNQROC Development Manual; and

b. Existing water 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 serviced.

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 Operational Works.

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

Inspection of Sewers 7. 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 Council’s approval of the Plan of Survey.

Damage to Infrastructure

8. In the event that any part of Council’s existing 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 Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced by Cairns Regional Council, at the developer’s cost, prior to Council’s approval of the Plan of Survey.

Detailed Drainage Design

9. Any inter-allotment drainage required to service the development must

be designed and constructed to be free draining and in accordance with all requirements of Section D4.13 of the FNQROC development manual.

67


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

11. All stormwater from the property must be directed to a lawful point of

discharge, being Whitton Street, such that it does not adversely affect surrounding properties or properties downstream from the development, to the requirements and satisfaction of the Chief Executive Officer. If a disparity exists between pre and post development flows, measures are to be implemented by the Applicant in order to have a no worsening effect.

External Works

12. The Applicant/Owner must, at their own cost, undertake the following

works external to the site:

a. Provide new shared crossovers and aprons for Lots 2 & 3 and Lots 4 & 5 in accordance with FNQROC Development Manual Drawing S1015 Rev D;

b. Access to Lot 1 must occur via the existing crossover from Progress Road. The existing crossover must be upgraded to be consistent with the FNQROC Development Manual Standard Drawing S1015 Rev D; and

c. Remove any redundant access crossovers and reinstate kerb and channel.

All works must be carried out to the requirements and satisfaction of the Chief Executive Officer prior to the issue of Council approval of the Plan of Survey.

13. The Applicant shall plant one (1) new street tree, to be generally located

between the boundaries of Lots 3 & 4. The new street tree must be planted in accordance with the requirements of the FNQROC Development Manual and Planning Scheme Policy – Landscaping.

The new street tree shall be planted prior to Council approval of the Plan of Survey.

Note:

The final location, species and size of tree should be determined in consultation with Council’s Environment Officer within the Engineering Approvals and Inspections Team; (07) 4044 3632 or [email protected].

68


14. The Applicant must notify Council’s Environment Officer once the new street tree has been established. The Applicant shall maintain the new street tree for 13 weeks following notification to Council of its establishment. Upon completion of this period, the Applicant shall arrange for an inspection to be carried out in conjunction with Council’s Environment Officer prior to its handover as a Council asset.

Existing Services

15. 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, the lodgement of the Plan of Survey creating the lots.

Electricity and Telecommunications

16. An underground electricity service must be provided to the subdivision

in accordance with requirements of the FNQROC Development Manual. Supply of electricity to the new lots is to be an underground connection service, the connection point being a service pillar installed by Ergon Energy at the property boundary. Details regarding electricity supply must be provided prior to the issue of a Development Approval for Operational Works.

Written evidence of agreement with Ergon Energy and the telecommunication authority must be submitted to Council stating that both electricity supply and telecommunications service will be provided to the development prior to the issue of Development Approval for Operational Works. Such evidence from an electricity provider (Ergon Energy) must be in the form of a “Certificate of Supply”, or alternatively a receipt for the full payment of the amount detailed under an “Offer of Supply”.

Such evidence from a telecommunications provider (NBN Co.) must be in the form of a receipt for the full payment of the NBN Co. “Development Application” or alternatively provide Council with a copy of the NBN Co. “Council Letter”.

69


B. That the following unique notation will be placed on Councils future rates record for Lots 2-5

Building Envelope 1. The future Dwelling House on this lot must be constructed generally in

accordance with the approved plans under the Development Permit for Reconfiguring a Lot and be located within the building envelope shown on a Building Envelope plan prepared for the subject lot (Council ref: 8/13/2203).

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department of State Development, Manufacturing, Infrastructure and Planning - SARA

1902-9813 SRA 29 March 2019

DM5 #6037470

Refer to Appendix 3: Concurrence Agency Requirements. (Please note that

these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

ADVICE 1. 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.

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

relevant Local Laws and other statutory requirements. Infrastructure Charges Notice 3. A charge levied for the supply of trunk infrastructure is payable to Council

towards the provision of trunk infrastructure in accordance with the Infrastructure Charges Notice. The original Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Infrastructure Charges Notice has been calculated

according to Council’s Infrastructure Charges Resolution.

70


Please note that this Decision Notice and the Infrastructure Charges Notice are stand-alone documents. The Planning Act 2016 confers rights to make representations and appeal in relation to a Decision Notice and an Infrastructure Charges Notice separately.

The amount in the Infrastructure Charges Notice is subject to index

adjustments and may be different at the time of payment. Please contact the Planning Approvals Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Infrastructure Charges

Notice. 4. Council will be implementing “smart” meters during the currency of this

development. The Plumbing contractor must confirm with Council, at the time of making a Development Application for Plumbing Works, what they type of water meter/sub meter should be installed.

5. For information relating to the Planning Act 2016 log on to

https://planning.dsdmip.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 a Development Application for Reconfiguring a Lot (1 Lot into 5 Lots) on land located at 186-188 Progress Road, White Rock and more particularly described as Lot 4 on C198140. The subject site is located within the Low Density Residential Zone under CairnsPlan 2016 v1.2. The site is identified to be affected by the following overlays: Acid Sulfate Soils; Airport and Environs; and Transport Network.

The development is identified as being ‘Assessable’ Development’, as per the Planning Act 2016. The proposed development will retain the existing Dwelling House on proposed Lot 1 and provide building envelopes over proposed Lots 2-5. Each lot will be provided with a direct road frontage and with the inclusion of Building Envelopes, the development is considered to create lots with sufficient area and dimension to accommodate their intended use of a single Dwelling House. Furthermore, the Applicant has supplied additional supporting information to confirm that development is able to accommodate the expected form of development within the Low Density Residential Zone.

71


Although the application is identified as being ‘Code Assessable’, the application received nine (9) not properly made submissions, made by six (6) submitters. The concerns raised within the submissions have been addressed in report. Officers have assessed the proposed development in accordance with the relevant provisions of CairnsPlan 2016 v1.2. The proposal complies with the majority of applicable Acceptable Outcomes and the associated Performance Outcomes and Purpose Statements of the applicable Codes under CairnsPlan 2016 v1.2. The proposed development is considered to be an appropriate outcome for the subject site, and compliance with the relevant provisions of CairnsPlan 2016 v1.2 has been demonstrated. Accordingly, the application is recommended for approval, subject to conditions. PLANNING CONSIDERATIONS: Site Description The 1,980m2 parcel of land has a frontage to Progress Road of approximately 30 metres and to Whitton Street of approximately 62 metres. The subject site is located within the Low Density Residential Zone under CairnsPlan 2016 v1.2. The site is identified to be affected by the following overlays: Acid Sulfate Soils; Airport and Environs; and Transport Network.

The site is currently improved by an existing Dwelling House, with access provided via Progress Road. The subject land generally grades from west to east. The site is connected to all services and is located within an established residential neighbourhood. Proposal It is proposed to reconfigure the subject land to create five (5) lots. Refer to proposal plans at Appendix 1. The proposed lots are described as follows: Proposed Lot 1 Proposed Lot 1 will retain the existing Dwelling House and utilise the existing access off Progress Road. The lot will have an area of 787m2 and will have frontage to both Progress Road and Whitton Street. Proposed Lots 2-5 Proposed Lots 2-5 will result in vacant lots. The lots will have areas of 299m2 and will each have a 9.5 metre frontage to Whitton Street.

72


The Applicant has supplied Building Envelope Plans and supporting concept Dwelling House Plans, demonstrating that the lots are capable of containing the intended form of development within the zone. Refer to Appendix 1 & 5 for copies of these plans. Application summary The application was deemed ‘properly made’ on 6 February 2019. Council issued a Confirmation Notice on 15 February 2019 and an Information Request on 1 March 2019. The Information Request advised the Applicant that the proposal, in its current form, was not supported at an Officer level. The Information Request outlined that the proposal could be amended to reduce the number of lots and/or provide a concept plan demonstrating that a Dwelling House, adequate usable private open space, access and parking could be accommodated on each of the lots with consideration to the setback requirements under the Queensland Development Code – MP1.1 – Design & Siting for lots less than 450m2. Furthermore, infrastructure constraints such as inter-allotment drainage and sewer main extensions were to be considered The Applicant provided a response to the Information Request on 11 March 2019. Following the response, Council Officers issued a letter advising of Officers intention to refuse the application based on the information supplied to date. Since the letter was issued, Council Officers have been liaising with the Applicant’s representatives about supplying additional concept plans and Building Envelope Plans for the site demonstrating that an appropriate built form outcome can be achieved that is consistent with the intention of the zone. Amended plans and additional supporting information was supplied by the Applicants representative on 16 October 2019. The Decision Making Period for the application has been extended by agreement until 11 December 2019. Statement of Reasons The following information is provided in accordance with section 63 of the Planning Act 2016. REASONS FOR DECISION The reasons for this decision are: 1. The proposed development generally complies with the applicable Assessment

Benchmarks contained within CairnsPlan 2016 v1.2. Where strict compliance has not been demonstrated with the Acceptable Outcomes, conditions have been recommended for inclusion to ensure compliance is achieved.

2. The Purpose of the Low Density Residential Zone seeks to ‘provide for

predominantly dwelling houses supported by community uses and small-scale services and facilities that cater for local residents’. The proposed development can accommodate the intended land use within the Low Density Residential Zone.

73


3. The proposed development will retain the existing Dwelling House on proposed Lot 1 and provide an appropriate building envelope over proposed Lots 2-5. Each lot will be provided with direct road frontage and the development creates lots with areas and dimensions that ensure future development can be accommodated that is consistent with the purpose and overall outcomes of the zone.

4. The development creates an additional 4 vacant lots over the site, where it has

been demonstrated that the development is capable of accommodating a residential land use.

ASSESSMENT BENCHMARKS CairnsPlan 2016 v1.2 designates the site within the Low Density Residential Zone, with the Table of Assessment for the zone identifying Reconfiguring a Lot as Code Assessable development. The proposed development was assessed against the following assessment benchmarks of CairnsPlan 2016 v1.2:

Assessment Benchmarks

Zone Low density residential

Overlays Acid Sulfate Soils Airport and Environs Transport Network

Development codes Environmental performance Excavation and filling Infrastructure works Landscaping Reconfiguring a lot

Compliance Discussion In assessing the proposed development, Officers have considered not only the relevant Performance Outcomes and Acceptable Outcomes, but also the Purpose Statements of the benchmarks relevant to the application. Low Density Residential Zone The Purpose of the Low Density Residential Zone seeks to ‘provide for predominantly dwelling houses supported by community uses and small-scale services and facilities that cater for local residents’. The local government purpose of the code is to promote and retain the low density residential character and amenity of the zone.

74


The purpose of the code will be achieved through the following overall outcomes: (a) predominantly low rise detached dwelling houses are established; (b) a high level of residential amenity is maintained, having regard to traffic, noise,

dust, odour, lighting and other locally specific impacts; (c) low density scale and character is maintained; (d) development reflects and responds to the natural features and constraints of the

land; (e) community facilities, open space and recreational areas and appropriate

infrastructure to support the needs of the local community are provided, enhanced or maintained.

The proposed development can accommodate the intended use within the Low Density Residential Zone. The proposed development will retain the existing Dwelling House on proposed Lot 1 and provide building envelopes over proposed Lots 2-5. Each lot will be provided with a direct road frontage. The development creates an additional four (4) vacant lots over the site, where it has been demonstrated, via proposed Building Envelope Plans that the development is capable of accommodating a residential land use. The Applicant has also supplied concept plans for future development, demonstrating that with the provision of appropriate Building Envelopes, each lot can accommodate a Dwelling House, while retaining the character and amenity of the zone. Non-compliance with Assessment Benchmarks The development was assessed against all of the assessment benchmarks listed above and complies with all of these with the exception listed below:

Assessment Benchmark Reasons for the approval despite non-compliance with benchmark

Low Density Residential Zone AO1.1 Building and structures are not more than 8.5 metres and 2 stores in height AO2.1 The site coverage is not more that 50%

The proposed development is for Reconfiguring a Lot with building envelopes and does not include the built form for future development. The Acceptable Outcome relating to height will be addressed at building stage. Due to the size of Lots 2-5, a condition has been included for the provision of building envelopes to be provided as per the Building Envelope Plan. The Building Envelope Plan condition includes a provision that site coverage for each lot is not to exceed 50%.

Low Density Residential Zone PO3 Development is consistent with purpose and overall outcomes sought for the zone

Refer to the above compliance discussion relating to the Purpose Statement and Overall Outcomes for the Low Density Residential Zone.

75


Low Density Residential Zone PO4 The setback of buildings and structures: a. maintains the amenity of the

adjoining premises and the residential character of the area;

b. achieves separation from neighbouring buildings and frontages.

The Applicant has provided a Building Envelope Plan as well as supporting concept Dwelling House designs for Lots 2-5. This information demonstrates that the lots are capable of containing the intended form of development within the zone, being predominately Dwelling Houses. Refer to Appendix 1 & 5 for plans. Lot 2 A minimum boundary clearance of 5.7 metres to the front boundary, 3 metres to the rear boundary, 750mm to the side (western) property boundary.

Lot 3 A minimum boundary clearance of 4.5 metres to the front boundary, 3 metres to the rear boundary, 750mm to the side (eastern) property boundary. Lot 4 A minimum boundary clearance of 4.5 metres to the front boundary, 3 metres to the rear boundary, 750mm to the side (western) property boundary. Lot 5 A minimum boundary clearance of 5.7 metres to the front boundary, 3 metres to the rear boundary, 750mm to the side (eastern) property boundary. All setbacks on the plan are measured to the outermost projection. Due to the narrow frontages, the Building Envelope Plan confirms ‘built to boundary’ walls for Lots 2 & 3 and 4 & 5 and provides 750mm setbacks to the other side boundaries which will assist in providing an appropriate built form outcome. A 750mm setback to side boundaries complies with the QDC requirements for lots with a frontage of less than 10.5 metres and 4.5 metres in height or less. The Building Envelope Plan also proposes 3 metre setbacks at the rear. The proposed setback will reduce impacts to the neighbouring property to the north and allow for the provision of sewerage infrastructure. Conditions have been proposed that require single garages/carports to be located within the ‘built to boundary’ portion of the lot to facilitate a shared driveway arrangement. With the minimum boundary setbacks applied, each lot can accommodate two (2) on-site car parking spaces (i.e one (1) covered and one (1) uncovered). With the shared arrangement for crossovers, the impacts to Whitton Street will be minimal and the overall development will take a form similar to that of two (2) Dual Occupancy developments. Conditions require the driveways to be constructed prior to Council approval of the Plan of Survey. Conditions will also require a new street tree to be established in between the boundary of Lots 3 & 4, to enhance the amenity of the streetscape.

76


As such, with the provision of appropriate conditions and appropriate Building Setback Plans, the development maintains the amenity and residential character of the area, as well as achieving separation from neighbouring buildings and street frontages.

Low Density Residential Zone PO5 Development is located, designed, operated and managed to respond to the characteristics, features and constraints of the site and its surrounds.

The proposed development site is largely unconstrained. The subject land generally grades from west to east and conditions have been proposed in relation to inter-allotment drainage. The 3 metre setback at the rear will allow for the extension to the sewer along the northern boundary.

Low Density Residential Zone PO6 Development does not adversely affect the residential character and amenity of the area in terms of traffic, noise, dust, odour, lighting or other physical or environmental impacts.

Refer to the above compliance discussion relating to the Purpose Statement and Overall Outcomes and PO4 assessment for the Low Density Residential Zone.

Acid Sulfate Soils AO1.1 No excavation or filling occurs on the site. Or AO1.2

An acid sulfate soils investigation is undertaken.

The proposed development does not result in any significant excavation or filling works.

Excavation and Filling AO1.1 Excavation or fill: (b) is set back a minimum of 2 metres from property boundaries; AO2.2 Excavation or filling does not exceed 40% of the site area or 500m2 whichever is the lesser

The proposed development does not result in any significant excavation or filling works.

Reconfiguring a Lot AO1.1 Lots comply with the lot reconfiguration outcomes in Table 9.4.9.3.b. AO2.1 The lot design maximises the number of lots where the longest axis of the lot has a general east-west orientation.

The Reconfiguring a Lot code specifies a minimum lot size of 600m2, with a minimum width and dimensions of 15 metres. Proposed Lot 1 will retain the existing Dwelling House and utilise the existing access to Progress Road. The lot will have an area of 787m2 and will have frontage to both Progress Road and Whitton Street. Proposed Lots 2-5 will result in vacant lots. The lots will have areas of 299m2 and will each have a 9.5 metre frontage to Whitton Street. The Applicant has supplied Building Envelope Plans and supporting concept Dwelling House Plans, demonstrating that the lots are capable of containing the intended form of development. Refer to Appendix 1 & 5 for plans. Refer to the previous discussion in the Non-compliance with Assessment Benchmarks section for the Low Density Residential Zone code.

77


As the development also includes an assessment of the future Building Envelopes over of the site, it is evident that compliance with the corresponding Performance Outcome is achieved, in particular: 1. Each lot can accommodate a single detached Dwelling

House which satisfies the Purpose of the Low Density Residential Zone;

2. Each lot has sufficient area to accommodate the intended

form of development; and 3. The proposed lots are generally rectangular in shape. Concern was raised initially by Offices in relation to the narrow widths of Lots 2-5 and the impacts to the streetscape with four (4) individual access points and crossovers to Whitton Street. Conditions have been proposed that require single garages/carports to be located within the ‘built to boundary’ portion of the lot to facilitate a shared driveway arrangement. With the minimum boundary setbacks applied, each lot can accommodate two (2) on-site car parking spaces (i.e one (1) covered and one (1) uncovered). With the shared arrangement for crossovers, the impacts to Whitton Street will be minimal and the overall development will take a form similar to that of two (2) Dual Occupancy developments. Conditions require the driveways to be constructed prior to Council approval of the Plan of Survey. Conditions will also require a new street tree to be established in between the boundary of Lots 3 & 4, to enhance the amenity of the streetscape. As such, with the provision of appropriate conditions and appropriate Building Setback Plans, the development maintains the amenity and residential character of the area, as well as achieving separation from neighbouring buildings and street frontages. Furthermore, future development of the site is to be within the approved building envelope. The future Dwelling Houses can be designed in way that accounts to climate conditions. As such, compliance with the associated Performance Outcome can be achieved.

Reconfiguring a Lot AO13.1 Small residential lots are designed with a road frontage not less than 12 metres AO13.2 Small lots are located and designed to ensure: a. vehicle parking areas are not a

dominant feature of the future dwelling house and streetscape;

For the reasons identified previously in the Non-compliance with Assessment Benchmarks section, the proposed development is considered to comply with the corresponding Performance Outcome, stating that small residential lots are designed to a high standard of amenity for future communities and residents and the provision of a range of housing types.

78


b. they are located adjacent to high

amenity features of neighbourhoods (such as public open space or natural areas);

c. they are not the dominant lot type in neighbourhoods;

d. they avoid being located in clusters of more than 8 having the frontage to the same street.

AO13.3 Small lots are generally not less than 350m2 except where design conditions can ensure that small lots meet AO13.2 and can also: a. provide for consistently designed

and managed attached housing on individual lots; or

b. ensure dwelling houses can be managed through building envelopes; or

c. provide access to the rear of the lot by a laneway.

CONCURRENCE AGENCY RESPONSE: The proposed development required referral to the Department of State Development, Manufacturing, Infrastructure and Planning due to the sites proximity to a State transport corridor (railway). The Department provided a referral agency response on 29 March 2019, with conditions. The conditions relate to stormwater management and ensuring that development results is no worsening or actionable nuisance to the railway corridor. A copy of the response is included in Appendix 3. MATTERS RAISED IN SUBMISSIONS Although the application is identified as being ‘Code Assessable’, Council received nine (9) not properly made submissions, made by six (6) submitters. The following matters were raised in the not properly made submissions :

Issue How matter was dealt with

The proposal does not result in Low density development and incudes an additional four (4) residential lots with small frontages and under 300m2 in area

Refer to the Compliance discussion and Non-compliance with Assessment Benchmark assessment above. Officers consider the proposed development to be consistent with the Purpose of the Low Density Residential code.

79


The proposed development will destroy the character and amenity of the immediate surrounding area

Refer to the Compliance discussion and Non-compliance with Assessment Benchmark assessment above. The proposed development is consistent with the Purpose of the Low Density Residential code. With the provision of appropriate conditions and the requirement for Building Setback Plans, the development maintains the amenity and residential character of the area, as well as achieving separation from neighbouring buildings and street frontages.

The proposed development will reduce privacy to neighbouring properties

Refer to the Compliance discussion and Non-compliance with Assessment Benchmark assessment above. The proposed development is consistent with the Purpose of the Low Density Residential code. With the provision of appropriate conditions and the requirement for Building Setback Plans, the development maintains the amenity and residential character of the area, as well as achieving separation from neighbouring buildings and street frontages.

The proposed development will devalue surrounding property

This is not a planning consideration.

The proposed development will increase traffic generation as a result of the development. The submissions also alleged misrepresentation about the volume of traffic within the application

The proposed development will result in additional lots for a residential purpose in a residential zone. Conditions are proposed to ensure Lot 1 maintains the existing access point to Progress Road and Lots 2 & 3 and 4 & 5 to utilise shared access crossovers to minimise the impacts to the street. Conditions have been proposed that require single garages/carports to be located within the ‘built to boundary’ portion of the lot to facilitate a shared driveway arrangement. With the minimum boundary setbacks applied, each lot can accommodate two (2) on-site car parking spaces (i.e. one (1) covered and one (1) uncovered). Additionally, with the shared arrangement for crossovers, the impacts to Whitton Street will be minimal and the overall development will take a form similar to that of two (2) Dual Occupancy developments.

The proposed development will result in increased visitor parking and increased pressure on the road reserve

The development can accommodate the provision of two (2) car parking spaces per lot which achieves compliance with the planning scheme requirements for a Dwelling House. Shared access arrangements, rather than four (4) individual access points along Whitton Street will reduce the impacts to the streetscape and provide additional room within the street for any extra visitor parking.

The proposed development will result in increased noise and potential for increased crime

The proposed development will result in lots to be developed for a residential purpose in a residential zone. Concerns raised regarding crimes fall outside of the scope of a planning matter.

The proposed development has a conflict of interest with designer.

This is not a planning consideration.

Advice when purchasing in the area was that further subdivision were not permitted

The site is located within the Low Density Residential zone under Cairns Plan 2016 and was located within the Residential 1 zone under CairnsPlan 2009. Under Both of these planning schemes, subdivisions are identified as Code Assessable development.

80


The neighbourhood does have not enough parks, playgrounds and footpaths nearby and will promote kids to play and families to play within the street and footpath

The proposed development will result in lots to be developed for a residential purpose in a residential zone. There are existing community parks located within proximity to the proposed development. A development of this scale does not warrant the need for footpath upgrades or the establishment of any additional parkland. Officers also note that Dual Occupancy developments are identified as Accepted Development (for Lots 800m2 or over) within this zone and the density proposed as a result of the development is not significantly different to what could occur as Accepted Development.

There is a low demand for additional properties within White Rock

The area is zoned for residential development so in this context this is not a planning consideration.

There was a lack of consultation, limited development signage and residents were not being informed or kept up to date on the application

The development is identified as Code assessable development and does not require public notification. All relevant information is made publicly available on Council’s website.

Concern for the safety of students during construction

This is not a planning consideration. Safety measures are managed by onsite contractors during construction.

Concern in relation to the capture of stormwater and waste in accordance with relevant standards

Conditions are proposed in relation to stormwater management and provision of essential services to the development.

Concern that the existing dwelling house on Progress Road will be demolished and additional houses will be established.

Any future development would be subject to the Planning Scheme requirements at the time.

INFRASTRUCTURE CHARGES: The proposed development triggers Infrastructure Charges. Refer to Appendix 4 to view calculations. ATTACHMENTS:

1: Approved plan(s) & document(s) 2: FNQROC Standard Drawings 3: Concurrence Agency conditions & requirements 4: Infrastructure Charges Calculations 5: Supporting information to planning report Nicole Tsakissiris Planning Officer Action Officer

81


Peter Boyd Manager Strategic Planning & Approvals

Kelly Reaston General Manager Planning & Environment

82


APPENDIX 1: Approved plan(s) & document(s)

83


84


APPENDIX 2: FNQROC Standard Drawings

85


APPENDIX 3: Concurrence Agency conditions & requirements

86


87


88


89


90


91


APPENDIX 4: Infrastructure Charges Calculations

92


APPENDIX 5: Supporting information to planning report

93


94


95


96


97


98


99


100


101


102


103


104


105


106


107


108


62 ordinary meeting 6...2019/12/11 · building envelopes jb design cairns pty ltd, job no. 19055,...

Documents