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OPEN SECTION PAGE TP8/1


DARWIN CITY COUNCIL TOWN PLANNING COMMITTEE PRESENT: The Right Worshipful, Lord Mayor, Mr G R Sawyer; Member J D Bailey

(Chairman); Member R T Dee; Member R K Elix; Member H I Galton; Member G M Jarvis; Member R Lesley; Member F P Marrone; Member A R Mitchell; Member K M Moir; Member H D Sjoberg.

OFFICERS: Chief Executive Officer, Mr A McGill; Director Technical Services, Mr B

Dowd; Acting Design and Development Manager, Mr T Vivian; Planning Assistant, Mr B Sellers; Assistant Committee Secretary, Ms L Elmer.

Enquiries and/or Apologies: Linda Elmer E-mail: [email protected] - PH: 89300 685 * * * I N D E X * * * PAGE 1 MEETING DECLARED OPEN.......................................................................4 2 APOLOGIES AND LEAVE OF ABSENCE....................................................4 3 DECLARATION OF INTEREST OF ALDERMEN .........................................4 4 CONFIDENTIAL ITEMS ................................................................................4 5 WITHDRAWAL OF ITEMS FOR DISCUSSION ............................................5 6 CONFIRMATION OF MINUTES PERTAINING TO THE PREVIOUS TOWN PLANNING COMMITTEE MEETING ................................................5

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7 BUSINESS ARISING FROM THE MINUTES PERTAINING TO THE PREVIOUS TOWN PLANNING COMMITTEE MEETING .....................5 8 DEVELOPMENT APPLICATIONS 8.1 Development Application Lots 2383 & 2384 (31 & 33) Woods Street – Town of Darwin 88 x 1 Bedroom & 139 x 2 Bedroom Multiple Dwellings, Offices, Restaurants and Shops in a 22 Storey Building Plus 2 Levels of Basement Parking ....................................................................................7 8.2 Development Application Lot 1532 (39) Cavenagh Street – Town of Darwin 60 Serviced Apartments, 12 x 4 & 38 x 3 Bedroom Multiple Dwellings and Restaurant in 31 Storeys Including 5 Levels of Car Parking ............................................................................................74 8.3 Development Application Lot 1747 (108) East Point Road, Fannie Bay 3 Storey Dwelling as Part of a Multiple Dwelling Development Exceeding Height Limitation with Basement Car Parking and a Reduced Front Setback ............................................................................101 8.4 Development Application Lot 4661 (28) Mitchell Street, Darwin Ground Level Deck & Awning for Alfresco Dining .........................116 8.5 Development Application Lots 4858 & 5705 (2 & 3) Buffalo Court, Darwin 220 Hotel Suites, 28 Serviced Apartments, 21 x 1 Bedroom, 14 x 2 Bedroom and 21 x 3 Bedroom Multiple Dwellings, Restaurant, Hotel/Tavern and Drive Through Bottle Shop in a 14 Storey Building Including 3 Levels of Parking ......................................131 8.6 Development Application Lot 2382 (29) Woods Street, Darwin 24 x 3 Bedroom and 12 x 2 Bedroom Multiple Dwellings in a 20 Storey Building with 4 Levels of Offices and Carparking Including 1 Level of Basement Carparking................................................................................170 8.7 Amendment to the Northern Territory Planning Act The Planning Amendment (Development Applications) Bill ...........................................200

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9 GENERAL TOWN PLANNING REPORTS ...............................................206 10 OFFICERS REPORTS ..............................................................................206 11 INFORMATION ITEMS 11.1 Various Letters sent to Development Assessment Services under Delegated Authority...................................................................................207 12 GENERAL BUSINESS 12.1 Outstanding Items ....................................................................................260

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OPEN SECTION PAGE TP8/4 Town Planning Committee Meeting – Wednesday, 6 August, 2008


1 MEETING DECLARED OPEN 2 APOLOGIES AND LEAVE OF ABSENCE 2.1 Apologies 2.2 Leave of Absence Granted 3 DECLARATION OF INTEREST OF ELECTED MEMBERS 4 CONFIDENTIAL ITEMS Nil

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5 WITHDRAWAL OF ITEMS FOR DISCUSSION 5.1 Items Withdrawn by Staff COMMITTEE’S DECISION THAT the Committee resolve under delegated authority that the following items withdrawn by staff as Items of Significance, be considered: …… DECISION NO.20\() (06/08/08) 5.2 Items Withdrawn by Members COMMITTEE’S DECISION THAT the Committee resolve under delegated authority that Information Items and Officers Reports to the Town Planning Committee Meeting held Wednesday, 6 August, 2008, be received and all recommendations contained therein be adopted by general consent with the exception of Item Numbers: ……. DECISION NO.20\() (06/08/08) 6 CONFIRMATION OF MINUTES PERTAINING TO THE PREVIOUS TOWN

PLANNING COMMITTEE MEETING COMMITTEE’S DECISION THAT the Committee resolve that the minutes of the previous Town Planning Committee Meeting held on Wednesday, 2 July, 2008, tabled by the Chairman, be confirmed. DECISION NO.20\() (06/08/08) 7 BUSINESS ARISING FROM THE MINUTES PERTAINING TO THE

PREVIOUS TOWN PLANNING COMMITTEE MEETING

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8 DEVELOPMENT APPLICATIONS

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ENCL: YES

DARWIN CITY COUNCIL DATE: 04/07/08

REPORT TO: TOWN PLANNING COMMITTEE

MEETING/OPEN B

APPROVED: CT

FROM: A/DESIGN & DEVELOPMENT MANAGER APPROVED: TV REPORT NO:

08TS0142 CT:cb

COMMON NO:

1408269

SUBJECT: DEVELOPMENT APPLICATION

LOTS 2383 & 2384 (31 & 33) WOODS STREET – TOWN OF DARWIN 88 X 1 BEDROOM & 139 X 2 BEDROOM MULTIPLE DWELLINGS, OFFICES, RESTAURANTS AND SHOPS IN A 22 STOREY BUILDING PLUS 2 LEVELS OF BASEMENT PARKING

ITEM NO: 8.1 SYNOPSIS: A Development Application for Lots 2383 & 2384 (31 & 33) Woods Street, Darwin has been referred to Council for comment pursuant to Section 48 of the Planning Act. The following report addresses relevant Council issues and recommends that Council endorse comments provided to the Development Consent Authority by staff (Attachment B). GENERAL: Applicant: Gwelo Investments Pty Ltd Zone: CB (Central Business) Area: 1,938 m2 Attached Plans: Attachment A Proposal: The proposal is for a 22 storey mixed-use building, plus 2 levels of basement parking, at Lots 2383 & 2384, Woods Street, Darwin City. The development application is for a total of 227 one and two bedroom multiple dwellings, within the 22 storey building, with retail and restaurant uses at the ground floor and offices on the first floor.

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PAGE: 2 REPORT NO: 08TS0142 CT:cb SUBJECT: DEVELOPMENT APPLICATION LOTS 2383 & 2384 (31 & 33) WOODS STREET – TOWN OF DARWIN 88 x 1 BEDROOM & 139 x 2 BEDROOM MULTIPLE DWELLINGS,

OFFICES, RESTAURANTS AND SHOPS IN A 22 STOREY BUILDING PLUS 2 LEVELS OF BASEMENT PARKING

The residential component of the proposed development is for affordable housing, aimed at first time buyers. The multiple dwellings will have one or two bedrooms, and the proposal is that only one car parking space will be provided per unit. As a result, there is a 48% (233 space) car parking shortfall in the proposal. The applicant commissioned consultants GHD to prepare a ‘Darwin Central Business District Parking Study’, to provide information to support the reduction in car parking. A copy of this study is attached to this report as Attachment C. Site and Surrounds The site is located on the western side of Woods Street, mid-way between it’s intersections with Knuckey Street and Bennett Street. The site is currently occupied by 2 single dwelling houses, one on Lot 2383 and one on Lot 2384. The site is zoned within the CB (Central Business) Zone. Northern Territory Planning Scheme: The proposal is for a mixed residential and commercial use within Zone CB (Central Business). The mixed use development is a discretionary land use, subject to meeting the following development criteria:

Clause Requirement Complies / Not Complies

Clause 6.3 Building Heights in Central Darwin – Amended by IDCO (No. 18)

The construction of a building or structure of a height exceeding 90 metres above ground level is prohibited in this location.

Complies – Above ground building height is 73.74 metres.

Clause 6.5.1 Parking Requirements

• 2 Car Parking Spaces per multiple dwelling (227 units = 454 bays)

• 3 bays per 100m2 net floor area for shops, restaurant and offices (943.6m2/100)x3=28.3(29) bays

• Total: 483 bays

Does not Comply - 483 bays required* and only 250 provided. 233 (48%) shortfall.

Clause 6.5.3 Parking Layout

Car parking bays must have a minimum width of 2.5 metres. Car parking bays at the end of and perpendicular to a driveway be either 3.5 metres wide or so that the driveway projects 1 metre beyond the last parking space

Does not comply – Several of the car parking bays on each floor are < 2.5 metres in width, typically those adjacent to building columns and walls. Does not comply – Car parking bays abutting the south-east wall of the building (on all car parking floors) do not comply.

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Clause 6.6 Loading Bays

Shops, restaurants and offices must provide an area wholly within the site for the loading of a vehicle of minimum dimensions 7.5 metres x 3.5 metres, with a 4 metre clearance

Does not comply The are 2 loading bays provided within the basement car park, but they are only 5.5 metres, rather than 7.5 metres in length.

Clause 7.5 Private Open Space

12m2 with minimum dimensions of 2.8m x 4m for each dwelling without direct ground level access

Does not comply – all balconies for units on 3rd & 4th floors, 1-bed units on 5th floor, and all units on the 6th to 17th floor do not comply. Only 2 of the 13 penthouse units comply.

Clause 7.6 Communal Open Space

15% of site not being less than 6m wide at any point

Complies There is an approximate 305m2 (16%) landscaped communal pool terrace on 5th floor.

Clauses 7.8 and 8.2 Building Design

Purpose of clause is to promote site-responsive designs.

Elevation plans provided to display design features of building.

* The Woodhead development application planning report includes a table of car parking

requirements on Page 8. There is a calculation error within the 2nd column of this table. The sum of 454 + 11.49 + 16.8 = 482.3 (rounded to 483), rather than 488 as shown on the table.

Other Comments: • The submitted floor plans (DD2.06 to DD2.12) appear to show a development of

only 73 x 1 bedroom & 115 x 2 bedroom multiple dwellings, rather than the 88 x 1 Bedroom & 139 x 2 Bedroom Multiple Dwellings, described in the development application. This is based upon the following information taken from the plans.

Floors 1- Bedroom 2 - Bedroom Levels 3 to 4 (2 levels)

4 dwellings

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Level 5 5 dwellings 6 dwellings Levels 6 to17 (12 levels)

5 dwellings 8 dwellings

Penthouse - 13 dwellings Totals 73 dwellings 115 dwellings

This matter has been raised within Council’s letter to Development Assessment Services.

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• It is possible that the internal layout of the building could facilitate a change of

use from multiple dwellings to hotel / serviced apartment accommodation, subject to necessary development consents and building approvals. The building includes a foyer area and retail area that could be used as a reception, a resort style pool on the 5th floor and an internet café and launderette on the 5th floor. Council’s letter to Development Assessment Services has advised the owner that should a change of use to tourist style accommodation be proposed in the future, Council will require a bus set-down facility to be incorporated within the site boundary for the safe ‘drop-off / pick-up’ of visitors. Council will not support the construction of a bus set-down bay within the Woods Street road reserve.

Disability Discrimination Legislation: Disability Discrimination Act issues are addressed under the Building Act requirements. Council places a statement of support for equal opportunity on all responses. Council Issues: Encroachment onto Council’s Land: The development application Roof Plan (Plan No: DD2.13) demonstrates that the roof will overhang Council’s Woods Street road reserve by approximately 2.5 metres and this is also shown on the Section A-A Plan (Plan No: DD4.01) and the building elevation plans. The East and West elevation plans for the building (Plan Nos: DD03.02 and DD03.01) also demonstrate blade walls from the building’s 6th floor to the roof, overhanging the Woods Street road reserve. Council will not approve the building roof or blade walls overhanging Council’s land. Crossover and Driveway: The proposed crossover to Woods Street does not satisfy Council. Council has requested that the Authority require amended plans including the following changes:

• No traffic island can be located within Council property.

• The crossover constructed to Councils standards in particular to be noted in the geometry of the splay.

On-Street Car Parking Bays: There are currently angled on-street car parking bays along the frontage of the site. Council has requested that the following condition regarding on-street car parking bays be placed upon any development permit issued, as follows: “Before the use commences the owner must pay a monetary contribution to the Darwin City Council in lieu of the total number of on-street car parking spaces lost as a result of the development. There are currently 13 on-street car parking bays adjacent to Lots 2382 and 2383 on Woods Street.”

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The applicant’s plans show 12 angle bays along the frontage of the new building. Awnings: The applicant’s plans include a 6.0 metre wide awning over the Woods Street road reserve. Council’s standard awning condition is requested on any development permit issued. Footpath / Verge: There are footpaths with decorative paving, and landscaping proposed within Council’s verge, as shown on the applicant’s plans. Council’s standard landscaping condition is requested on any development permit issued. Waste Bin Storage: A garbage chute is proposed for the residential floors of the building, connecting to a waste / recycling bin storeroom on the ground floor. However, it appears that no provision has been made for service vehicles to access the waste bin storeroom, which is centrally located within the ground floor of the building, to empty / change over the bins. Council will not approve the storage and servicing of bulk waste bins on Council’s Wood’s Street road reserve. Stormwater Drainage: Stormwater plans requested. Easements: There are no Council easements shown on the applicant’s plans. FINANCIAL IMPLICATIONS: Not assessed. ACTION PLAN IMPLICATIONS: The issues addressed in this report are in accordance with the following goals/strategies of the Action Plan of the Darwin City Council 2004 - 2008: 2 ECONOMIC DEVELOPMENT 2.4 Darwin Business Goal: To support and encourage local business. 5 ENVIRONMENTAL MANAGEMENT 5.2 Built Environment Goal: Influence government and private developers to develop and maintain projects in a way which reflects the unique Darwin lifestyle and enhances quality of life. 5.3 Town Planning Goal: To make a meaningful contribution to the planning and development of Darwin.

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LEGAL IMPLICATIONS: This issue is not considered confidential. PUBLIC RELATIONS IMPLICATIONS: Not assessed. COMMUNITY SAFETY IMPLICATIONS: Not assessed. DELEGATION: To the Chief Executive Officer to provide standard Development Permit conditions as appropriate. CONSULTATION: Through the Development Application statutory process. PROPOSED PUBLIC CONSULTATION PROCESS: Nil. APPROPRIATE SIGNAGE: Not applicable.

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RECOMMENDATIONS: THAT the Committee resolve under delegated authority:- A. THAT Report Number 08TS0142 entitled Development Application, Lots 2383

& 2384 (31 & 33) Woods Street – Town of Darwin, 88 x 1 Bedroom & 139 x 2 Bedroom Multiple Dwellings, Offices, Restaurants and Shops in a 22 Storey Building plus 2 Levels of Basement Parking, be received and noted.

B. THAT the letter to the Development Consent Authority at Attachment B to

Report Number 08TS0142 CT:cb be endorsed. TED VIVIAN A/DESIGN & DEVELOPMENT MANAGER Any queries on this report can be directed to Ted Vivian on 8930 0528.

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ENCL: YES



MEETING/OPEN B

APPROVED: HS


08TS0143 HS:cpd

COMMON NO:

1408382


LOT 1532 (39) CAVENAGH STREET – TOWN OF DARWIN 60 SERVICED APARTMENTS, 12 X 4 & 38 X 3 BEDROOM MULTIPLE DWELLINGS AND RESTAURANT IN 31 STOREYS INCLUDING 5 LEVELS OF CAR PARKING

ITEM NO: 8.2 SYNOPSIS: A Development Application for Lot 1532 (39) Cavenagh Street, Darwin has been referred to Council for comment pursuant to Section 48 of the Planning Act. The following report addresses relevant Council issues and recommends that Council endorse comments provided to the Development Consent Authority by staff (Attachment C). GENERAL: Applicant: Bell Gabbert Associates Zone: Zone CB (Central Business) Area: 1420 m² Attached Plans: Attachment A Proposal: The proposal is to develop a 31 storey building from vacant on Lot 1532 (39) Cavenagh Street, Darwin. The building comprise a restaurant, 60 serviced apartments, 50 dwellings and above ground car parking for 187 vehicles. A recreational area for guests and residents is also proposed. The proposed plans are contained within Attachment A.

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PAGE: 2 REPORT NO: 08TS0143 HS:cpd SUBJECT: DEVELOPMENT APPLICATION LOT 1532 (39) CAVENAGH STREET, TOWN OF DARWIN 60 SERVICED APARTMENTS, 12 X4 & 38 X 3 BEDROOM MULTIPLE

DWELLINGS AND RESTAURANT IN 31 STOREYS INCLUDING 5 LEVELS OF CAR PARKING

Vehicle access to the car park is proposed via a 6m wide crossover to Edmunds Street. In addition the tandem loading bay for 2 vehicles will be serviced by a 3.5m wide crossover to Edmunds Street separated from the car park access by 1.2m. History: There is no recent planning history of relevance to this application. Site and Surrounds: The site is located within the Central Business District of Darwin on the corner of Cavenagh and Edmunds Streets. Currently the site is vacant and contains no improvements other than a boundary fence. The land and surrounding properties are zoned Central Business. To the north west of the site is a two storey and single storey office retail building. To the south west of the site is a two storey office building. On the opposite side of Cavenagh Street to the north east lies the General Post Office. Northern Territory Planning Scheme: The proposed development is in Zone CB (Central Business) and use as a restaurant and multiple dwellings is a discretionary use subject to the following. Note: A serviced apartment is defined as a dwelling as per the Northern Territory Planning Scheme.

Clause Requirement Compliance? Clause 6.3 Building Heights in Central Darwin

No building exceeding 90m in height above ground level can be constructed. Note: This is at the direction of Interim Development Control Order No. 18.

The building including roof top air conditioning units and lightening straps are no higher than 90m above ground level. Complies.


Dwelling: 2 car parking spaces per dwelling. Restaurant: 3 car parking spaces for every 100m² of net floor area and any alfresco dining areas. Serviced Apartment: 1 car parking space for every dwelling plus 3 for every 100m² of net floor area within a dwelling.

Dwelling: 50 dwellings = 100 car parks. Restaurant: 250m² of net floor area = 8 car parks. Serviced Apartment: 60 apartments = 60 car parks. Approximately 1324.5m² of net floor area not within a dwelling = 40 car parks.

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Net floor area not within a dwelling should be confirmed by the applicant. Total: Approximately 208 car parks to be provided. The applicant has provided 187 car parks on site. A car parking short fall of 21 car parks. Does not comply. Note: The dual key apartments should be considered as two apartments as potentially the rooms could easily be used by two unrelated parties (therefore be two dwellings). This would mean another 50 car parks need to be provided.


1 loading bay for every 2000m² of the total net floor area. A loading bay is to: a). be at least 7.5m by 3.5m; b). have a clearance of at

least 4m; and c). have access that is

adequate for its purpose.

2 loading bays have been provided in tandem. These are 3.5m wide by 7.5m. The clearance for the bays is 4.1m. It should be noted that this area is proposed to be used for waste collection. Councils waste policy requires a 4.2m clearance. The bays have access from a separate 3.5m crossover adjacent to the 6m wide crossover for the car park. The loading bays are also not provided with on site manoeuvring. Complies.


12m² minimum area of private open space per dwelling is required inclusive of area with minimum dimensions of 2.8m x 4m. Access to this space should be directly from the dwelling.

Mostly the apartments and dwellings are provided with balconies that are at least 12m² and of the relevant dimensions. The only exception is the lower floor of the penthouse dwellings which have a dimension of 2.5m by over 6m. Does not comply.

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Minimum of 15% of site. The dwellings and the serviced apartments are provided with approximately 595m² of communal space each. This meets the requirement which is (15% of 1420m²) 213m². Complies.

Clause 7.8 Building Design for Multiple Dwellings

Purpose of clause is to promote site-responsive designs which are pleasant for the occupants and do not unreasonably affect the use and enjoyment of the adjacent land.

The dwellings and apartments are provided with generous balconies and glass balustrades. The floor plan of the building decreases with height as to create interest. The landscaping and artwork on the lower levels adds to an attractive streetscape. The air conditioning and other services are located in suitable locations as to be screened and easily located for servicing. Generally complies.

Clause 8.1.2 Offices, Restaurants and Shops in Zones CB and C

Where land is zoned CB, lawfully used as an office, restaurant or shop and there is in place a developer contributions plan for car parking the site can be used as an office, restaurant or shop without consent if the net floor area does not increase.

Not applicable.

Clause 8.2 Commercial and Other Development in Zones HR, CV, CB, C, SC, TC, OR, CP, FD AND T

The purpose of this clause is to promote site-responsive designs of commercial, civic, community, recreational, tourist and mixed use developments which are attractive and pleasant and contribute to a safe environment.

The proposal introduces trees at street level and to levels 2 through to 7. Awnings provide for pedestrian amenity and large fenestration to the ground floor provides for an interactive façade. The bulk of the building is some what diminished by glass balustrades and some articulation. The key issues with this Clause is pedestrian and vehicle safety and loading facilities. Two crossovers are proposed which impacts greatly on pedestrian and vehicle safety. In terms of the loading no manoeuvring space is provided nor is any space for short term drop off parking or coach facilities. Does not comply.

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Disability Discrimination Legislation: Disability Discrimination Act issues are addressed under the Building Act requirements. Council places a statement of support for equal opportunity on all responses. FINANCIAL IMPLICATIONS: Nil. ACTION PLAN IMPLICATIONS: The issues addressed in this report are in accordance with the following goals/strategies of the Action Plan of the Darwin City Council 2004 - 2008: 2 ECONOMIC DEVELOPMENT 2.4 Darwin Business Goal: To support and encourage local business. 5 ENVIRONMENTAL MANAGEMENT 5.2 Built Environment Goal: Influence government and private developers to develop and maintain projects in a way which reflects the unique Darwin lifestyle and enhances quality of life. 5.3 Town Planning Goal: To make a meaningful contribution to the planning and development of Darwin. LEGAL IMPLICATIONS: This issue is not considered confidential.

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PUBLIC RELATIONS IMPLICATIONS: Not assessed. COMMUNITY SAFETY IMPLICATIONS: Not assessed. DELEGATION: To the Chief Executive Officer to provide standard Development Permit conditions as appropriate. CONSULTATION: Through the Development Application statutory process. PROPOSED PUBLIC CONSULTATION PROCESS: Nil. APPROPRIATE SIGNAGE: Not applicable. RECOMMENDATIONS: THAT the Committee resolve under delegated authority:- A. THAT Report Number 08TS0143 entitled Development Application, Lot 1532

(39) Cavenagh Street, Town of Darwin, 60 Serviced Apartments, 12 x 4 & 38 x 3 Bedroom Multiple Dwellings and Restaurant in 31 Storeys including 5 Levels of Car Parking, be received and noted.


Report Number 08TS0143 HS:cpd be endorsed. TED VIVIAN ACTING DESIGN & DEVELOPMENT MANAGER Any queries on this report can be directed to Ted Vivian on 8930 0528.

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ENCL: YES



MEETING/OPEN B

APPROVED: HS


08TS0145 HS:cb

COMMON NO:

1408479


LOT 1747 (108) EAST POINT ROAD, FANNIE BAY 3 STOREY DWELLING AS PART OF A MULTIPLE DWELLING DEVELOPMENT EXCEEDING HEIGHT LIMITATION WITH BASEMENT CAR PARKING AND A REDUCED FRONT SETBACK

ITEM NO: 8.3 SYNOPSIS: A Development Application for Lot 1747 (108) East Point Road, Fannie Bay – Town of Darwin has been referred to Council for comment pursuant to Section 48 of the Planning Act. The following report addresses relevant Council issues and recommends that Council endorse comments provided to the Development Consent Authority by staff (Attachment B). GENERAL: Applicant: Irwinconsult Pty Ltd Zone: MD (Multiple Dwelling Residential) Area: Approximately 1393m² Attached Plans: Attachment A Proposal: The proposal is to develop a four bedroom single dwelling on a site containing two existing units. See plans included as Attachment A. It should be noted an existing dwelling on the site will need to be removed to enable the construction of this dwelling. The subject allotment is Lot 1747 (108) East Point Road, Fannie Bay – Town of Darwin. The dwelling will constructed as a three storey building with the lower storey being at basement level. The dwelling will comprise three bedrooms, study, lounge, dining, kitchen and balconies on the uppermost storey. The ground floor will comprise a fourth bedroom, games/theatre, laundry and a large al fresco area providing general living amenities including cooking facilities.

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PAGE: 2 REPORT NO: 08TS0145 HS:cb SUBJECT: DEVELOPMENT APPLICATION LOT 1747 (108) EAST POINT ROAD, FANNIE BAY 3 STOREY SINGLE DWELLING AS PART OF A MULTIPLE DWELLING

DEVELOPMENT EXCEEDING HEIGHT LIMITATION WITH BASEMENT CAR PARKING AND A REDUCED FRONT SETBACK

The basement level will house five car parks and a cyclone shelter. Other features of the proposal include a swimming pool, spa and a lift. Vehicle access will be from a new 6 metre wide crossover and driveway from East Point Road. The basement level garage will be accessed by a paved driveway for which gradient details are not known. History: There appears to be no recent planning history for site of relevance to this application. Site and Surrounds: The subject site is orientated south-west to north-east and has two road frontages being East Point Road and George Crescent, the site has existing crossovers to both roads. The subject site and adjoining sites are characterised by a large road reserve. Existing improvements on the site are a single residence (to be removed) and units which are to be demolished in the future. The adjoining land on either side of the subject allotment, generally to the north and south is zoned MD (Multiple Dwelling Residential) as is the land on the opposite side of George Crescent. The land generally to the west on the opposite side of East Point Road is zoned PS (Public Open Space). Wider afield exists Zone C (Commercial), Zone CP (Community Purposes), SD (Single Dwelling), HR (High Density Residential) and additional PS (Public Open Space). Northern Territory Planning Scheme: The proposed development is zone MD (Multiple Dwelling Residential), and requires consent. It should be noted that the application refers to the future removal of the units to the rear and it can be assumed that this area intends of being developed in the future. However Council’s assessment will treat the proposal as a multi dwelling development. This is consistent with the approach taken by the Department of Planning and Infrastructure.

Clause Requirement Compliance? Clause 6.5.1 Parking Requirements

2 Car Parking Spaces per dwelling.

5 car parks will be provided for the proposed new dwelling. In addition the car park standards as per Clause 6.5.3 are met. Car parking for the existing units is not shown. Compliance for the proposed dwelling is met. Compliance for the existing units is uncertain as no

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information has been provided. It is noted that the proposed new dwelling will not occupy any area which appears to be presently utilised as car parking for the existing units.

Clause 7.1 Residential Density & Height Limitations

1 or 2 storeys. Maximum height of 8.5 metres. 1 dwelling per 300m2 of site area.

The proposed dwelling is 3 storeys high (including a basement storey). This does not comply. The existing units are single storey. Compliance is achieved. The proposed dwelling is no higher than 8.5m however the proposal includes several roof top air conditioning units which penetrate the 8.5m maximum height plane. This does not comply. Whilst the height of the existing units is not specified it is clear they are no higher than 8.5m. Complaint with Clause 7.1. The number of existing units is not known however it is assumed there are 2. Based on this assumption and including one proposed dwelling, density is approximately 1 dwelling per 465m². This complies.

Clause 7.3 Building Setbacks of Residential Buildings and Pergolas, Carports and the Like

7.5m for primary street frontage setback. 7.5m for secondary street frontage setback. 1.5m for side and rear buildings. Setback between buildings 3m for walls without habitable room windows, 6m for walls with habitable room windows and 4.5m if one building

The proposed dwelling is setback between 3.9m and 15.313m. This does not comply. The existing units setback is greater than 2.5m. The side setbacks for the proposed dwelling is 1.5m. This complies. The existing units are setback over 1.5m. Both the existing units and the proposed dwelling comply with this provision. The proposed dwelling has a breezeway which can be occupied and it appears the existing units have windows facing the proposed dwelling

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contains habitable room windows and one does not.

(will need to be confirmed) the required separation distance is 6m and a setback of approximately 2.1 is provided. This does not comply.


45m² minimum area of private open space per dwelling is required inclusive of area with minimum dimensions of 5m x 5m.

The proposed dwelling has private open space to the minimum requirements to the front of the dwelling. This is compliant. Compliance for the existing units is uncertain as no information has been provided. It appears that it will not comply.


Minimum of 15% of site. The proposal does not comply. The plan does not identify an area for communal open space. 209m² is required.

Clause 7.7 Landscaping for Multiple Dwellings

Not less than 30% of site is to be landscaped.

The proposal appears not comply. The plan does not identify areas of landscaping. 418m² is required.



Several features of the proposed dwelling achieve the purpose of Clause 7.8. There are several features which conflict with this Clause. Namely point 2(b) which states expanses of walls should be minimised and 2(d) which states air conditioners should be concealed. The existing units will not be assessed as they are existing.

It is noted that 7.1, point 5 states ‘Single dwellings in zones …MD…. Are not to contain any space capable of being occupied in that part of the building that exceeds a height of 7m without consent’. Council has assessed the development as a multi dwelling due to the existing units at the rear therefore this does not apply. However it should be noted that levels as shown on the elevation drawings indicate that the ceiling height of the top floor appears not to exceed 7m above ground level. Disability Discrimination Legislation: Disability Discrimination Act issues are addressed under the Building Act requirements. Council places a statement of support for equal opportunity on all responses.

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FINANCIAL IMPLICATIONS: Not assessed. ACTION PLAN IMPLICATIONS: The issues addressed in this report are in accordance with the following goals/strategies of the Action Plan of the Darwin City Council 2004 - 2008: 2 ECONOMIC DEVELOPMENT 2.4 Darwin Business Goal: To support and encourage local business. 5 ENVIRONMENTAL MANAGEMENT 5.2 Built Environment Goal: Influence government and private developers to develop and maintain projects in a way which reflects the unique Darwin lifestyle and enhances quality of life. 5.3 Town Planning Goal: To make a meaningful contribution to the planning and development of Darwin. LEGAL IMPLICATIONS: This issue is not considered confidential. PUBLIC RELATIONS IMPLICATIONS: Not assessed. COMMUNITY SAFETY IMPLICATIONS: Not assessed.

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DELEGATION: To the Chief Executive Officer to provide standard Development Permit conditions as appropriate. CONSULTATION: Through the Development Application statutory process. PROPOSED PUBLIC CONSULTATION PROCESS: Nil. APPROPRIATE SIGNAGE: Not applicable. RECOMMENDATIONS: THAT the Committee resolve under delegated authority:- A. THAT Report Number 08TS0145 HS:cb entitled Development Application, Lot

1747 (108) East Point Road, Fannie Bay, 3 Storey Single Dwelling as part of a Multiple Dwelling Development Exceeding Height Limitation with Basement Car Parking and a Reduced Front Setback, be received and noted.


Report Number 08TS0145 HS:cb be endorsed. EDWARD (TED) VIVIAN A/DESIGN & DEVELOPMENT MANAGER Any queries on this report can be directed to Ted Vivian on 8930 0528.

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ENCL: Yes



MEETING/OPEN B

APPROVED: HS


08TS0157 HS:cb

COMMON NO:

1423664


LOT 4661 (28) MITCHELL STREET, DARWIN GROUND LEVEL DECK & AWNING FOR ALFRESCO DINING

ITEM NO: 8.4 SYNOPSIS: A Development Application for Lot 4661 (28) Mitchell Street, Darwin has been referred to Council for comment pursuant to Section 48 of the Planning Act. The following report addresses relevant Council issues and recommends that Council endorse comments provided to the Development Consent Authority by staff (Attachment B). GENERAL: Applicant: Outback Jacks Bar & Grill Zone: Central Business Zone (CB) Area: Approximately 4661m² (entire subject allotment) Proposal: The proposal is for a 3.3m by 17.2m alfresco dinning area addition to an existing building. The proposed plans are contained within Attachment A. Presently the site is being renovated as an Outback Jacks Bar and Grill. The works will be located within Chapel Lane which runs off Mitchell Street. The alfresco area is proposed to seat 31 patrons and provide the main access to the restaurant. The area will be a raised deck (250mm) and covered by a proposed 3.75m high verandah type structure.

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PAGE: 2 REPORT NO: 08TS0157 HS:cb SUBJECT: DEVELOPMENT APPLICATION

LOT 4661 (28) MITCHELL STREET, DARWIN GROUND LEVEL DECK & AWNING FOR ALFRESCO DINING History: An application was received at Council for an Alfresco Dinning Permit and Signage Permit on 1st July 2008. Council has approved the applications in principal and has requested further information in a letter to the applicant on 4 July 2008to to allow a complete assessment of the application (refer Attachment C). In addition Council advised the applicant in writing that they had Council’s permission as landowner to lodge a Development Application with the Development Consent Authority. Council is still waiting on the additional information. The status of this has been conveyed to the Development Consent Authority. Site and Surrounds The subject site and surrounding land is zoned CB (Central Business). The site has two road frontages, Chapel Lane (not used by vehicles) and Mitchell Street. Mitchell Street frontage is via a drive-in/drop in/service road. A restaurant has previously occupied the site. The site is presently undergoing renovation to accommodate the proposed new restaurant. The Crown Plaza occupies the site across Chapel Lane to the north west. Lewinsky’s Restaurant occupies/abuts the site immediately to the south east and Karen’s Kitchen Lunch Bar occupies/abuts the site immediately to the north east. There appears to be no recent planning history for site of relevance to this application. Northern Territory Planning Scheme: The proposed development is in the CB zone, and requires consent.



Complies. Building and awning will be between 5.08m and 3.75m in height.


Restaurant: 3 car parking spaces for every 100m² of net floor area and any alfresco dining areas.

Does Not Comply. The existing site parking requirement is met by payments under the Local Government (Darwin Parking Local Rates) Regulations. The new alfresco area generates an additional parking requirement of 2 bays. This can not be provided on site therefore Council requested the Authority require a monetary contribution to be paid to Council in

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LOT 4661 (28) MITCHELL STREET, DARWIN GROUND LEVEL DECK & AWNING FOR ALFRESCO DINING

accordance with its Carparking Contribution Plan.





Does Not Comply. Loading facilities are not shown. The Authority has been asked to confirm the loading facilities.



Not Applicable. This would apply if the net floor area of the site is not increasing.



Generally Compliant. The proposal will see a suitable development and use in the area.

Disability Discrimination Legislation: Disability Discrimination Act issues are addressed under the Building Act requirements. Council places a statement of support for equal opportunity on all responses. FINANCIAL IMPLICATIONS: Not assessed. ACTION PLAN IMPLICATIONS: The issues addressed in this report are in accordance with the following goals/strategies of the Action Plan of the Darwin City Council 2004 - 2008: 2 ECONOMIC DEVELOPMENT 2.4 Darwin Business Goal: To support and encourage local business.

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LOT 4661 (28) MITCHELL STREET, DARWIN GROUND LEVEL DECK & AWNING FOR ALFRESCO DINING 5 ENVIRONMENTAL MANAGEMENT 5.2 Built Environment Goal: Influence government and private developers to develop and maintain projects in a way which reflects the unique Darwin lifestyle and enhances quality of life. 5.3 Town Planning Goal: To make a meaningful contribution to the planning and development of Darwin. LEGAL IMPLICATIONS: This issue is not considered confidential. PUBLIC RELATIONS IMPLICATIONS: Not assessed. COMMUNITY SAFETY IMPLICATIONS: Not assessed. DELEGATION: To the Chief Executive Officer to provide standard Development Permit conditions as appropriate. CONSULTATION: Through the Development Application statutory process. PROPOSED PUBLIC CONSULTATION PROCESS: Nil. APPROPRIATE SIGNAGE: Not applicable.

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LOT 4661 (28) MITCHELL STREET, DARWIN GROUND LEVEL DECK & AWNING FOR ALFRESCO DINING RECOMMENDATIONS: THAT the Committee resolve under delegated authority:- A. THAT Report Number 08TS0157 entitled Development Application, Lot 4661

(28) Mitchell Street, Darwin, Ground Level Deck and Awning for Alfresco Dining, be received and noted.

B. THAT the letter to the Development Consent Authority in Attachment B to

Report Number 08TS0157 HS:cb be endorsed. EDWARD (TED) VIVIAN A/DESIGN & DEVELOPMENT MANAGER Any queries on this report can be directed to Ted Vivian on 8930 0528.

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ENCL: Yes



MEETING/OPEN B

APPROVED: HS


08TS0025 HS:cb

COMMON NO:

1423690


LOTS 4858 & 5705 (2 & 3) BUFFALO COURT, DARWIN 220 HOTEL SUITES, 28 SERVICED APARTMENTS, 21 X 1 BEDROOM, 14 X 2 BEDROOM AND 21 X 3 BEDROOM MULTIPLE DWELLINGS, RESTAURANT, HOTEL/TAVERN AND DRIVE THROUGH BOTTLE SHOP IN A 14 STOREY BUILDING INCLUDING 3 LEVELS OF PARKING

ITEM NO: 8.5 SYNOPSIS: A Development Application for Lots 4858 & 5705 (2 & 3) Buffalo Court, Darwin has been referred to Council for comment pursuant to Section 48 of the Planning Act. The following report addresses relevant Council issues and recommends that Council endorse comments provided to the Development Consent Authority by staff (refer Attachment B). GENERAL: Applicant: June D’Rozario & Associates Pty Ltd Zone: Central Business Zone (CB) Area: Approximately 6725m² Proposal: The proposal is for the redevelopment of the site with a mixed accommodation use building containing:

• 220 hotel suites • 28 serviced apartments • 56 apartments (1, 2 and 3 bedroom)

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LOTS 4858 & 5705 (2 & 3) BUFFALO COURT, DARWIN 220 HOTEL SUITES, 28 SERVICED APARTMENTS, 21 X 1 BEDROOM, 14

X 2 BEDROOM AND 21 X 3 BEDROOM MULTIPLE DWELLINGS, RESTAURANT, HOTEL/TAVERN AND DRIVE THROUGH BOTTLE SHOP IN A 14 STOREY BUILDING INCLUDING 3 LEVELS OF PARKING

• Restaurant comprising coffee shop, dining, alfresco area, poolside kiosk and

kitchen • Administration area and lobby • Conference room • Gym • Pool and poolside recreation area • Bottle shop including drive-through • Bar/Tavern • Loading bay, coach parking and Porte Cochre • 339 car parking bays

The proposed building is designed in a cruciform shape. The proposed building is 14 storeys and varies in height between approximately 35.82m and 44.2m. The proposed building as presented to Buffalo Court is 35.82m in height and 44.2m in height from the northern most end of the site. There are 5 crossovers proposed for the site (refer Attachment A). History: On 17 April 2008 the applicants lodged an application for a 27 storey development similar to the present proposal but at a larger scale. The maximum height of this building was approximately 90.2m. In early may 2008 an Interim development Control Order was passed which limited the maximum height of buildings on the periphery of the central business district of Darwin to 36m above ground level. The proposal was placed on hold and has since been superseded by the present application. Site and Surrounds The site is zoned Central Business. The surrounding land to the north, east and south is zoned Central Business. The land generally to the west is zoned Organised Recreation which is the Gardens Park Golf Course. The land has a steep gradient, with a change in level across the site of approximately 8m. The highest part of the land is fronting Buffalo Court. The land is encumbered by several easements.

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Northern Territory Planning Scheme: The proposal is for a mixed residential and commercial use within Zone CB (Central Business). The mixed use development is a discretionary land use, subject to meeting the following development criteria:



The applicant has sought clarification as to where the height of the building should be measured. The CEO of the Department of Planning and Infrastructure (DPI) has advised that it would be recommended to the Minister that the height above natural ground level will betaken from a point midway along the boundary of the primary frontage of the proposed building. Assuming this the applicant has established the Buffalo Court frontage as the primary frontage. A midway point along this boundary has been established as 18.78 AHD. Therefore the maximum height of the building can be 54.78 AHD. This maximum height is adhered to at a point directly above the mid way point along Buffalo Court. Therefore the proposal appears to comply based on the CEO of the DPI’s advice.


Dwelling: 2 car parking spaces per dwelling. Restaurant: 3 car parking spaces for every 100m² of net floor area and any alfresco dining areas. Shop: 3 car parking spaces for every 100m² of net floor area. Hotel:16 for every 100m² of net floor area plus 0.4 for every suite or bedroom.

54 Dwellings = 108 bays required. 336m² of Restaurant = 10.98 (11) bays required. (The restaurant could also be calculated under the ‘other areas’ of Motel).

703m² of Shop = 21.09 (22) bays required. 345m² plus 220 Suites = 55.2 (53) + 88 = 141 bays required. (Hotel rooms could also be calculated under Motel).

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Motel: 0.4 for every suite or bedroom plus 3 for every 100m² of net floor area of all other areas. Serviced Apartments: 1 car parking space for every dwelling plus 3 for every 100m² of net floor area not within a dwelling.

847m² of ‘Other Areas’ = 25.41 (26) bays required. 28 Dwellings = 28 bays required. Total of 336 bays are required. These are provided. Compliance is achieved.





A loading bay to the appropriate dimensions has been provided at ground level from Cashman Street. The Council has requested manoeuvring from this is demonstrated. Compliance appears to be achieved.



Given the scale of the plans 12m² of private open space can not be accurately ascertained. This has been raised with the Development Assessment Services.


Minimum of 15% of site. Approximately 29% of the site is provided as communal open space. This complies with the Clause.



Elevation plans have been provided to display the design features of building.



Not applicable.

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Elevation plans have been provided to display the design features of building.

Disability Discrimination Legislation: Disability Discrimination Act issues are addressed under the Building Act requirements. Council places a statement of support for equal opportunity on all responses. FINANCIAL IMPLICATIONS: Nil. ACTION PLAN IMPLICATIONS: The issues addressed in this report are in accordance with the following goals/strategies of the Action Plan of the Darwin City Council 2004 - 2008: 2 ECONOMIC DEVELOPMENT 2.4 Darwin Business Goal: To support and encourage local business. 5 ENVIRONMENTAL MANAGEMENT 5.2 Built Environment Goal: Influence government and private developers to develop and maintain projects in a way which reflects the unique Darwin lifestyle and enhances quality of life. 5.3 Town Planning Goal: To make a meaningful contribution to the planning and development of Darwin.

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LEGAL IMPLICATIONS: This issue is not considered confidential. PUBLIC RELATIONS IMPLICATIONS: Not assessed. COMMUNITY SAFETY IMPLICATIONS: Not assessed. DELEGATION: To the Chief Executive Officer to provide standard Development Permit conditions as appropriate. CONSULTATION: Through the Development Application statutory process. PROPOSED PUBLIC CONSULTATION PROCESS: Nil. APPROPRIATE SIGNAGE: Not applicable.

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RECOMMENDATIONS: THAT the Committee resolve under delegated authority:- A. THAT Report Number 08TS0025 HS:cb entitled Development Application, Lots

4858 & 5705 (2 & 3) Buffalo Court, Darwin, 220 Hotel Suites, 28 Serviced Apartments, 21 x 1 Bedroom, 14 X 2 Bedroom And 21 X 3 Bedroom Multiple Dwellings, Restaurant, Hotel/Tavern and Drive Through Bottle Shop in a 14 Storey Building Including 3 Levels of Parking, be received and noted.


Report Number 08TS0025 HS:cb be endorsed. TED VIVIAN A/DESIGN & DEVELOPMENT MANAGER Any queries on this report can be directed to Ted Vivian on 8930 0528.

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ENCL: Yes



MEETING/OPEN B

APPROVED: HS


08TS0158 HS:cb

COMMON NO:

1423695


LOT 2382 (29) WOODS STREET, DARWIN 24 X 3 BEDROOM AND 12 X 2 BEDROOM MULTIPLE DWELLINGS IN A 20 STOREY BUILDING WITH 4 LEVELS OF OFFICES AND CARPARKING INCLUDING 1 LEVEL OF BASEMENT CARPARKING

ITEM NO: 8.6 SYNOPSIS: A Development Application for Lot 2382 (29) Woods Street has been referred to Council for comment pursuant to Section 48 of the Planning Act. The following report addresses relevant Council issues and recommends that Council endorse comments provided to the Development Consent Authority by staff (refer Attachment B). GENERAL: Applicant: M & P Pty Ltd and Agegrin Pty Ltd Zone: Zone CB (Central Business) Attached Plans: Attachment A Area: 971m² Proposal: The proposal is for a 20 storey mixed-use building including 1 level of basement parking, at Lot 2382, Woods Street, Darwin City. The development application is for a total of 36 two and three bedroom multiple dwellings with office uses at the ground floor and levels 1, 2 and 3. The basement, ground and first 4 floors all contain car parking. Level 4 has a gym, swimming pool and open common space. The roof is designed as balconies for the penthouse dwellings.

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PAGE: 2 REPORT NO: 08TS0158 HS:cb SUBJECT: DEVELOPMENT APPLICATION LOT 2382 (29) WOODS STREET, DARWIN 24 X 3 BEDROOM AND 12 X 2 BEDROOM MULTIPLE DWELLINGS IN A 20

STOREY BUILDING WITH 4 LEVELS OF OFFICES AND CARPARKING INCLUDING 1 LEVEL OF BASEMENT CARPARKING

History: There is no recent planning history for the site. Site and Surrounds The site is located on the western side of Woods Street, mid-way between it’s intersections with Knuckey Street and Bennett Street. The site is currently occupied by a single dwelling house. The site is zoned within the CB (Central Business) Zone. Northern Territory Planning Scheme: The proposal is for a mixed residential and office use within Zone CB (Central Business). The mixed use development is a discretionary land use, subject to meeting the following development criteria:



Complies. Above ground building height is approximately 67 metres.


Dwelling: 2 car parking spaces per dwelling. Office: 3 car parking spaces for every 100m² of net floor area.

Does not Comply. 95 bays required* and only 91 provided. 4 (4%) bay shortfall.

Clause 6.5.3 Parking Layout

Have driveways with a minimum width of 6m for two-way traffic flow. Car parking bays must have a minimum width of 2.5 metres. Car parking bays at the end of and perpendicular to a driveway be either 3.5 metres wide or so that the driveway projects 1 metre beyond the last parking space.

Does not Comply. Some portions of the driveways in the car park levels are less than 6m. Complies. All spaces appear to be 2.5m wide. Does not Comply. Bays to which this Clause should apply do not comply with the requirement.


1 loading bay for every 2000m² of the total net floor area. A loading bay is to: a). be at least 7.5m by 3.5m;

Does not Comply. The clearance for the Loading Bay appears to be less than 4 metres.

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b). have a clearance of at


adequate for its purpose. Clause 7.5 Private Open Space


Complies. Generous balconies are provided.


Minimum of 15% of site. Complies. 146m² is required. 156m² is provided on level 4 as the open common space.



Elevation plans are provided to display the design features of building.



Not applicable.



Elevation plans are provided to display the design features of building.

*The following table demonstrates the car parking requirement.

NTPS Clause 6.5.1 Parking Requirements

• 2 Car Parking Spaces per multiple dwelling (39 units = 78 bays)

• 3 bays per 100m2 net floor area for offices (556m2/100) x 3 = 16.68 (17) bays

• Total: 95 bays

Does not Comply - 95 bays required and only 91 provided. 4 (4%) shortfall.

Disability Discrimination Legislation: Disability Discrimination Act issues are addressed under the Building Act requirements. Council places a statement of support for equal opportunity on all responses.

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Council Issues: On-Street Car Parking Bays: There are currently angled on-street car parking bays along the frontage of the site. Council has requested that the following condition regarding on-street car parking bays be placed upon any development permit issued, as follows: “Before the use commences the owner must pay a monetary contribution to the Darwin City Council in lieu of the total number of on-street car parking spaces lost as a result of the development. There are currently 6 on-street car parking bays adjacent to Lot 2382 on Woods Street.” The applicant’s plans show 5 angle bays along the frontage of the new building. Awnings: The applicant’s plans include a 3 metre wide awning over the Woods Street road reserve. Council’s standard awning condition in accordance with Council’s awning policy is requested on any development permit issued. Footpath / Verge: There are footpaths with decorative paving, and landscaping proposed within Council’s verge, as shown on the applicant’s plans. Council’s standard verge landscaping condition is requested on any development permit issued. Waste Bin Storage: A garbage chute is proposed for the residential floors of the building, connecting to a waste / recycling bin storeroom on the ground floor. However, it appears that this area is not large enough to accommodate the required amount of bins are per Councils Waste Bin Policy. Stormwater Drainage: Stormwater plans requested. Easements: There are no Council easements shown on the applicant’s plans. FINANCIAL IMPLICATIONS: Nil. ACTION PLAN IMPLICATIONS: The issues addressed in this report are in accordance with the following goals/strategies of the Action Plan of the Darwin City Council 2004 - 2008: 2 ECONOMIC DEVELOPMENT 2.4 Darwin Business Goal: To support and encourage local business.

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5 ENVIRONMENTAL MANAGEMENT 5.2 Built Environment Goal: Influence government and private developers to develop and maintain projects in a way which reflects the unique Darwin lifestyle and enhances quality of life. 5.3 Town Planning Goal: To make a meaningful contribution to the planning and development of Darwin. LEGAL IMPLICATIONS: This issue is not considered confidential. PUBLIC RELATIONS IMPLICATIONS: Not assessed. COMMUNITY SAFETY IMPLICATIONS: Not assessed. DELEGATION: To the Chief Executive Officer to provide standard Development Permit conditions as appropriate. CONSULTATION: Through the Development Application statutory process. PROPOSED PUBLIC CONSULTATION PROCESS: Nil. APPROPRIATE SIGNAGE: Not applicable.

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RECOMMENDATIONS: THAT the Committee resolve under delegated authority:- A. THAT Report Number 08TS0158 entitled Development Application, Lot 2382

(29) Woods Street, Darwin, 24 x 3 bedroom and 12 x 2 Bedroom Multiple Dwellings in a 20 Storey Building with 4 Levels of Offices and Carparking Including 1 Level of Basement Carparking, be received and noted.


Report Number 08TS0158 be endorsed. TED VIVIAN A/DESIGN AND DEVELOPMENT MANAGER Any queries on this report can be directed to Ted Vivian on 8930 5528.

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ENCL: YES



MEETING/OPEN B

APPROVED: HS


08TS0155 HS:cb

COMMON NO:

1429046

SUBJECT: AMENDMENT TO THE NORTHERN TERRITORY PLANNING ACT

THE PLANNING AMENDMENT (DEVELOPMENT APPLICATIONS) BILL

ITEM NO: 8.7 SYNOPSIS: The following report details the changes to the public notice procedures of development applications carried out by the Department of Planning and Infrastructure (DPI). The changes have come about due to the Planning Amendment (Development Applications) Bill which came into effect on 1st July 2008. In addition the report suggests changes to Council’s processing of development applications in response to the changes in legislation. GENERAL: The Planning Amendment (Development Applications) Bill came into effect on 1st July 2008. This amendment saw section 47A inserted into the Planning Act in Part 5, Division 2 – Development Applications – Notification And Consultation. The new section 47A is included as Attachment A to this report. The amendment specifically relates to the public notice requirements of development applications received by DPI. In accordance with the new section 47A ‘no public notice is required to be given of a development application that is solely for consent to carry out the following development:

• the consolidation of land;

• the establishment of, or change in, the use of land for the accommodation of people requiring privacy, as specified by the Regulations;

• development, specified by the Regulations, that will not have a significant impact on the existing and future amenity of the area in which the development will be carried out.’

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PAGE: 2 REPORT NO: 08TS0155 HS:cb SUBJECT: AMENDMENT TO THE NORTHERN TERRITORY PLANNING ACT THE PLANNING AMENDMENT (DEVELOPMENT APPLICATIONS) BILL

The following table summarises the new section 47A as it translates to particular types of applications (as concluded by DPI):

Application Type

Notification Required

Variations to the side and rear setback requirements for single dwellings and ancillary development on one lot

o Notification of the affected neighbouring land owner(s) with a 14 day comment period

o Council & Service Authority notification also required

Premises for the accommodation of people requiring protection / privacy (i.e. domestic violence shelters)

o Notification of the adjoining land owners, and land owner(s) of the nearest 3 properties opposite with a 14 day comment period

o Council & Service Authority notification also required

Consolidation of land

o No public notification required o Council & Service Authority

notification only, with a 14 day comment period

Variations to performance criteria specified in the NT Planning Scheme for developments that would otherwise be permitted without consent in an industrial zone (eg. Showroom Sales in Zone LI where the only reason for development application is a variation to loading bay provisions)

o No public notification required o Council & Service Authority

notification only, with a 14 day comment period

o If development adjoins a residential zone the application MUST be publicly notified as per process for all other applications (see below)

All other applications

o Publicly notified with pink sign on the site and advertisement in the local newspaper with a 14 day comment period

This raises several questions about the suitability of some of Council practices. Council Officers have considered how the new section of the Planning Act effects Council’s exhibition of applications, the Aldermens’ Memo and confidentiality of any report prepared on a development application. Council Exhibition of Applications In instances where public notification is not required, Council Officers suggest that an copy of the application is not made available at the Civic Centre Reception. The Planning Act does not specify that this is a requirement of Council.

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PAGE: 3 REPORT NO: 08TS0155 HS:cb SUBJECT: AMENDMENT TO THE NORTHERN TERRITORY PLANNING ACT THE PLANNING AMENDMENT (DEVELOPMENT APPLICATIONS) BILL Aldermens’ Memo Council Officers suggest that the Alderman’s Memo continue to be circulated as usual however it should note that the application(s) are not required to be publicly notified. Confidentiality Council Officers do not consider that any application exempt from public notice under the new section 47A needs to be treated as confidential when preparing a Council report or response to DPI. It should be noted that third party appeal rights are not affected by this amendment to the Planning Act. FINANCIAL IMPLICATIONS: Nil. ACTION PLAN IMPLICATIONS: The issues addressed in this report are in accordance with the following goals/strategies of the Action Plan of the Darwin City Council 2004 - 2008: 1 CORPORATE GOVERNANCE 1.1 Decision Making Goal: To ensure that Council decision making is based on full and accurate information and consistent procedures. 5 ENVIRONMENTAL MANAGEMENT 5.3 Town Planning Goal: To make a meaningful contribution to the planning and development of Darwin. LEGAL IMPLICATIONS: This issue is not considered confidential. PUBLIC RELATIONS IMPLICATIONS: Not assessed.

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PAGE: 4 REPORT NO: 08TS0155 HS:cb SUBJECT: AMENDMENT TO THE NORTHERN TERRITORY PLANNING ACT THE PLANNING AMENDMENT (DEVELOPMENT APPLICATIONS) BILL COMMUNITY SAFETY IMPLICATIONS: Nil. DELEGATION: To the Town Planning Committee to receive and note the report and endorse the new actions as outlined in the recommendation. CONSULTATION: Discussed issues with Acting Design and Development Manager. Discussed issues with a Planning Officer from the DPI. PROPOSED PUBLIC CONSULTATION PROCESS: Nil. APPROPRIATE SIGNAGE: Not applicable.

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PAGE: 5 REPORT NO: 08TS0155 HS:cb SUBJECT: AMENDMENT TO THE NORTHERN TERRITORY PLANNING ACT THE PLANNING AMENDMENT (DEVELOPMENT APPLICATIONS) BILL RECOMMENDATIONS: THAT the Committee resolve under delegated authority:- A. THAT Report Number 08TS0155 entitled Amendment to the Northern Territory

Planning Act, The Planning Amendment (Development Applications) Bill, be received and noted.

B. THAT the following actions be noted by Council:-

i). Development Applications received by Council which do not require to be publicly notified pursuant to Section 47A of the Planning Act will not be made available for public viewing at the Civic Centre reception.

ii). Development Applications received by Council which do not require to be

publicly notified pursuant to Section 47A of the Planning Act will be circulated within an Alderman’s Memo with a note pertaining to the section 47A requirement.

iii). Development Applications received by Council which do not require to be

publicly notified pursuant to Section 47A of the Planning Act do not require to be treated as confidential.

TED VIVIAN A/DESIGN & DEVELOPMENT MANAGER Any queries on this report can be directed to Ted Vivan on 8930 0528.

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9 GENERAL TOWN PLANNING REPORTS Nil 10 OFFICERS REPORTS Nil

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11 INFORMATION ITEMS 11.1 Various Letters sent to Development Assessment Services under

Delegated Authority COMMITTEE’S DECISION THAT the Committee resolve under delegated authority that the following letters sent to Development Assessment Services, be received and noted:- 11.1 Lot 2237 (9) Philip Street, Fannie Bay – 4 x 3 Bedroom Multiple Dwelling in 2

Single Storey Buildings – Common Number: 1423592 TV:mr dated 1 August 2008.

11.2 Lot 7504 (11) O’Farrals Road, Bayview – 2 x 4 Bedroom Multiple Dwellings in a 2 Storey Building – Common Number: 1423675 MS:mr dated 1 August 2008.

11.3 Lot 7578 McMinn Street, Darwin City – Advertising Signage – Common Number: 1423572 TV:mr dated 1 August 2008.

11.4 Lot 1205 (14) Winnellie Road, Winnellie – Showroom Sales Development Comprising 13 Tenancies with Associated Car Parking and Loading Facilities – Common Number: 1422884 TV:mr dated 31 July 2008.

11.5 Lot 5158 (31) Rattray Street, Nakara – Town of Nightcliff – Verandah Addition to an Existing Single Dwelling with a Reduced Front Setback – Common Number: 1420005 HS:cpd dated 25 July 2008.

11.6 Lots 1888 & 1889 (36 & 38) Charles Street, Stuart Park – Town of Darwin – Common Number: 1420005 HS:cpd dated 25 July 2008.

11.7 Lot 7399 (11) Delamere Street, Tiwi – Town of Nightcliff – Verandah Addition to Existing Single Dwelling with Reduced Front Setback – Common Number: 1420014 HS:cpd dated 25 July 2008.

11.8 Lot 6986 (48) Patterson Street, Malak – Town of Sanderson – Alterations and Extensions to Existing Women’s Shelter – Common Number: 1419518 HS:cpd dated 23 July 2008.

11.9 Portion 1603 (20) Tannadice Street, Winnellie – Hundred of Bagot – Warehouse Development with Reduced Rear Setback – Common Number: 1416043 HS:cpd dated 18 July 2008.

11.10 Lot 1004 (8) O’Keefe Place, Rapid Creek – Town of Nightcliff – Extension and Carport Addition to Existing Single Dwelling with Reduced Front Setback and Side Setbacks – Common Number: 1416051 HS:cpd dated 18 July 2008.

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Delegated Authority (…..continued from previous page) 11.11 Lot 4941 (10) Grassland Crescent, Leanyer – Town of Sanderson – Verandah

Addition to an Existing Multiple Dwelling with a Reduced Side Setback – Common Number: 1416083 HS:cpd dated 18 July 2008.

11.12 Lot 22 (282) Casuarina Drive, Rapid Creek – Town of Nightcliff – Home Occupation / Office Exceeding 30m2 in Floor Area with Visiting Bookkeeper/ Accountant – Common Number: 1416086 HS:cpd dated 18 July 2008.

11.13 Lot 5002 (29) Ridgehaven Circuit, Leanyer – Town of Sanderson – Extension to Existing Single Dwelling with a Reduced Front Setback – Common Number: 1411766 HS:cpd dated 11 July 2008.

11.14 Lot 6077 (7) Pope Place, Bayview – Town of Darwin – Changes to Development Approval by DP08/0138 for Verandah Additions to Existing Multiple Dwellings with Reduced Side Setbacks – Common Number: 1408484 TV:cpd dated 11 July 2008.

11.15 Lots 7537 & 7538 (140 & 142) Dick Ward Drive, Coconut Grove – Town of Nightcliff – Addition of 12 x 2 Bedroom Multiple Dwellings in 2 x 3 Storey Buildings to Existing 14 x 1 Bedroom Multiple Dwelling Development – Common Number: 1374648 HS:cpd dated 11 July 2008.

11.16 Section 5389, Berrimah – Hundred of Bagot – 26 Warehouse Storage Units in 2 Single Storey Buildings with a Reduced Side and Rear Setback – Common Number: 1408497 CT:cpd dated 4 July 2008.

11.17 Portion 2173 (30) Tivendale Road, Berrimah – Hundred of Bagot – Additions to the Existing Prison Facility including Demountable Structures for use as a Canteen, Prisoner Accommodation and Medical Consulting Rooms – Common Number: 1409065 TV:cpd dated 4 July 2008.

11.18 Lot 9289 Lee Point Road, Lee Point – Town of Nightcliff – Cabins and 260 Motel Suites (Including 48 x 2 Key Motel Suites) in 9 x 2 Storey Buildings and a Caretaker’s Residence with Minor Additions to Existing Restaurant Building - Common Number: 1408361 TV:cpd dated 4 July 2008.

11.19 Portion 1349 (119) Reichardt Road, Winnellie – Hundred of Bagot – Showroom Sales, Office and Warehouse Development – Common Number: 1408502 TV:cpd dated 4 July 2008.

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Delegated Authority (…..continued from previous page) 11.20 Lot 2243 (4) Hinkler Crescent, Fannie Bay – Town of Darwin – 3 x 4 Bedroom

Multiple Dwellings in a 2 Storey Building – Common Number: 1408505 TV:cpd dated 4 July 2008.

11.21 Lot 9129 (1) Cartwright Court, Coconut Grove – Town of Nightcliff – Verandah Addition to an Existing Multiple Dwelling with a Reduced Side Setback – Common Number: 1408401 TV:cpd dated 4 July 2008.

11.22 Lot 9731 (105) Rocklands Drive, Tiwi – Town of Nightcliff – Radiation Oncology Facility and Relocation of Existing Heliport – Common Number: 1408386 TV:cpd dated 4 July 2008.

11.23 Lot 6740 (17) Villaflor Crescent, Woolner – Town of Darwin – Changes to the Development Approved by DP07/0235 to alter the Sitting of the Multiple Dwellings – Common Number: 1408393 TV:cpd dated 4 July 2008.

DECISION NO.20\() (06/08/08)

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12 GENERAL BUSINESS 12.1 Outstanding Items

ITEM NO.

MEETING REQUESTED

MEETING REQUIRED

SUBJECT MATTER

REASON FOR NON-SUBMISSION REMARKS

12.3 Town Planning Committee 04/12/07 19\3877

Not Specified Policy on Water Usage and Conservation - 20 year Water Strategy Plan

Report to be submitted to a future Town Planning Committee Meeting.

COMMITTEE’S DECISION THAT the Committee resolve under delegated authority that information contained in Item 12.1 be received and noted. DECISION NO.20\() (06/08/08)

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