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Agenda – Planning & Environment Committee – 11 May 2011 - #3146671

PLANNING & ENVIRONMENT COMMITTEE

11 MAY 2011 9

MATERIAL CHANGE OF USE - PRELIMINARY APPROVAL – SHOPPING CENTRE - ON PART OF LOT 46 ON SP204562, LOT 8 ON SP180032 AND LOT 7 ON SP201306 DRAPER ROAD GORDONVALE,– DIVISION 1 Gary Warner: 8/8/1030: #1812896 PROPOSAL: PRELIMINARY APPROVAL OVERRIDING THE

PLANNING SCHEME TO GAIN USE RIGHTS CONSISTENT WITH THE ‘LOCAL CENTRE’ PLANNING AREA AND WITH THE ‘COMMERCIAL’ PLANNING AREA

APPLICANT: FABCOT PTY LTD C/- FLANAGAN CONSULTING GROUP PO BOX 5820 CAIRNS QLD 4870 LOCATION: DRAPER ROAD GORDONVALE 4865 PROPERTY: PART OF LOT 46 ON SP204562, LOT 8 ON

SP180032 AND LOT 7 ON SP201306 PLANNING DISTRICT: GORDONVALE GOLDSBOROUGH PLANNING AREA: RESIDENTIAL 2 PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: DEPARTMENT OF TRANSPORT AND MAIN

ROADS DEPARTMENT OF INFRASTRUCTURE AND PLANNING

NUMBER OF SUBMITTERS: 139 PROPERLY MADE SUBMISSIONS NINE (9) LATE SUBMISSIONS STATUTORY ASSESSMENT DEADLINE: 17 MAY 2011 APPLICATION DATE: 26 AUGUST 2008 DIVISION: 1

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APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. SUPPORTING INFORMATION TO PLANNING REPORT LOCALITY PLAN

RECOMMENDATION: That Council refuse the Development Application for Preliminary Approval Overriding the Planning Scheme to gain use rights consistent with the ‘Local Centre’ Planning Area and the ‘Commercial’ Planning Area on land currently described as part of Lot 46 on SP204562, Lot 8 on SP180032 and Lot 7 on SP201306 on the following grounds: 1. The proposal is in conflict with the Far North Queensland Regional Plan

2031. 2. The proposal is in conflict with the Far North Queensland Draft Regional

Plan 2025.

3. The proposed development is in conflict with a number of the provisions of CairnsPlan 2005 (and CairnsPlan 2009) more specifically:

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a The proposed development is in conflict with Desired Environmental

Outcome (DEO) 2.3.2 Economic Activity and Employment Centres whereby the proposed ‘Local Centre’ and ‘Commercial’ land uses do not contribute to a sense of community life and belonging for the people they serve.

b. The proposed development is in conflict with DEO 2.3.5 Pattern of

Urban Development as the proposal is considered to be out of sequence with the identified pattern of Urban Development as detailed in Planning Area designations in the Planning Scheme

c. The proposed development is in conflict with DEO 2.4.4 Sense of

Community. The proposal does not promote a sense of community cohesion, identity, network and values. The proposal has the potential to further split the existing sense of community.

d. The proposed development is in conflict with the Residential 2 Planning

Area Code. In particular, the proposal attempts to establish “Impact Assessable- Inconsistent Uses” in the Residential 2 Planning Area in the Gordonvale-Goldsborough Planning District.

e. The proposed development is in conflict with the Residential 2 Planning

Area “Desired Development Outcomes”. f. The proposal is in conflict with the Intent statements for the

Gordonvale – Goldsborough Planning District. g. The proposed development is in conflict with the Local Centre Planning

Area Code and in particular is conflict with the Desired Development Outcomes of this code.

h. The proposed location for the development is in conflict with an

existing Local Centre site designation (Planning Area) approximately 700 metres to the west of the proposal site.

i. The combined total of land area (3.51ha) over which the proposal aims

to gain use rights consistent with the ‘Local Centre’ Planning Area (2.81ha) and the ‘Commercial’ Planning Area (Approximately 7,050m²) is more akin to the function of a District Centre rather than a Local Centre. Further, if considered a District Centre, the proposal is in conflict with the District Centre Planning Area Code and intent of that code.

4. There is insufficient information provided to assess the nature and impact of

the proposed “commercial” component of the development. 5. The proposal is in conflict with the Draft Declared Master Plan Area planning

documentation and associated forward planning.

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6. The Economic Impact Assessment (EIA) submitted by the applicant to for

the development does not provide the required level of economic justification for any of the aspects (Retail and/or Commercial) of the proposal.

7. The proposal has the potential and size to operate as a District Centre

without providing the level of service expected in a District centre while undermining the viability of the existing Gordonvale District Centre.

8. Approval of the proposal would be inconsistent with a number of previous

planning and economic decisions made by Council and the State for the locality and Planning District.

9. The proposal, when assessed in conjunction with existing and proposed

developments adjoining the intersection of the Bruce Highway and Draper Road, constitutes a highway “cross-roads” form of development. As such, has the potential to create conflicts between the function of the Bruce Highway and the need to maintain safe access to the proposed centre.

10. The “out of town” location of the proposal places undue reliance on motor

vehicle transport to provide access to the facility particularly from western parts of Gordonvale.

11. The proposal is in conflict with the outcomes of Court Order 61 of 1997 that

identified the need to limit the extent of retailing on Draper Road due to the likely significant impact upon the Gordonvale District Centre.

12. As a consequence of all of the above there are insufficient grounds to justify

the approval of this proposal in the proposed location. EXECUTIVE SUMMARY: Council is in receipt of an application for Preliminary Approval for a Material Change of Use to Override the Planning Scheme over land contained in the Residential 2 Planning Area to provide for land uses consistent with the Local Centre and Commercial Planning Areas. The applicants intend to develop a “shopping centre” comprised of; a Supermarket (Shopping Facilities) with a total floor area of 3,200m²; Retail (Shopping Facilities) and Kiosk (Shopping Facilities) with a total floor area of 985m²; Fast Food (Restaurant) with a floor area of 500m²; Petrol Station (Service Station) with a total floor area of 80m²; and Business Facilities (unknown floor area). The applicant for the proposal is the property development arm of the Woolworths supermarket chain. After due consideration of the application and a peer review of the Economic Viability of the proposal it is considered that the proposed site and the nature of the proposed development is inappropriate, is in conflict with CairnsPlan 2005, and has insufficient Planning grounds to justify approval. As a consequence the proposal is markedly inconsistent with many previous planning decisions made for the locality and is recommended to be refused.

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PLANNING CONSIDERATIONS: Background The development application was submitted to Council on 25 August 2008. Council issued an Acknowledgement Notice on 5 September 2008. The original application encompassed 3 lots, being part of Lot 46 on SP204562, Lot 8 on SP180032 and Lot 7 on SP201306 and sought a Preliminary Approval for a Material Change of Use to Override the Planning Scheme pursuant to section 3.1.6 of the Integrated Planning Act 1997 to establish a planning framework consistent with a 'District Centre' (CairnsPlan). The proposal envisaged a Centre with approximately 10,000 sqm GLA and was intended to serve a population catchment of approximately 6,000 households. The proposal envisaged the District Centre designation may also accommodate a Tavern, Childcare Centre, Restaurant, Business Facilities and a Public Square. An information request was issued by Council on 27 October 2008 that raised a number of Matters that required further justification by the applicant that included the following:

Planning Matters: 1. The proposed development is considered premature given the current status

of the Mount Peter Master Planning exercise currently being undertaken. The application fails to identify overriding planning need or justification as to why the proposed development should be considered let alone approved prior to the completion and adoption of the Mount Peter Master Plan.

Further justification is sought on this issue. 2. The application suggests that the proposed development will serve 6000

households. It is understood that this number of households would include households around the existing Gordonvale Town Centre. The Economic Analysis provided with the application is refuted as such an analysis has had little or no regard to the impacts that such a proposal will have on the existing Gordonvale Town Centre being only 1.2km away from the site. It is the view of Council Officers that such a development will have a major impact on the ability of the Gordonvale Town Centre to remain as a functional and viable centre.

Further investigation is sought on this issue. 3. The location of the site on the corner of Draper Road and the Bruce Highway

may be desirable purely from a commercial perspective. However, based on fundamental planning principles, it is contended that the location of such a centre, if warranted in this general locality needs to be centrally located to the residential catchments it serves as opposed to targeting passing highway trade as well. In addition, such a location will be to detriment of Gordonvale in terms of being the same as other suburbs of Cairns which are characterised by large unattractive commercial developments surrounded by low density development i.e Residential 1.

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Unfortunately, these developments also function as defacto entrance statements to the suburb or in this case a township. An opportunity is presenting itself in the southern corridor whereby we are being given an opportunity to not repeat the same mistakes of the past. It is Council Officers opinion that this development does not represent sound planning principles.

In addition, as has happened in other instances, governments are eventually

forced to relocate highways away from such focal points due inherent conflicts between the function of the highway and the need to maintain safe and efficient access into such centres.

Provide further planning grounds demonstrating that this site is the superior

site to locate such a centre having regard to the comments made above. 4. Please provide information on the proposed role of the nearby existing land

currently held in a “Local Centre” Planning area and identify why that site cannot fulfil some of the role proposed for the subject District Centre.

Engineering Matters: 1. Provide a full traffic assessment report addressing the access locations, bus

facilities, commercial vehicle loading and manoeuvring and safe pedestrian access.

2. Provide a Pedestrian Network Plan for the development. 3. Provide a Local Drainage Study of the locality and identify legal points of

discharge. On 16 December 2009, the applicant advised Council that it was changing the development application. The applicant also advised that Information Requests were issued by Council, The Department of Main Roads and Queensland Transport (now DTMR). An advice agency response was also issued by the Department of Infrastructure and Planning. The request to change the application proposed to reduce the scale of the proposed development to a ‘Local Centre”. The key features of the changed development proposal included: Supermarket (Shopping Facilities) with a total floor area of 3,200m2; Retail (Shopping Facilities) and Kiosk (Shopping Facilities) with a total floor area of

985m²; Fast Food (Restaurant) with a floor area of 500m²; Petrol Station (Service Station) with a total floor area of 80m²; and Business Facilities(unknown floor area).

Council issued an Amended Acknowledgement Notice on 17 February 2010 in response to the change to the original application.

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On 15 March 2010, the applicant’s consultants met with Council to discuss a proposed further change to the Development Application. As a consequence of those discussions, Flanagan Consulting Group, on behalf of the Applicant, issued correspondence to Council agreeing to extend the period Council has to issue its Information Request until 10 business days after Council’s receipt of the proposed further change. On 11 November 2010, Council received correspondence from applicant’s consultants in regards to a further change to the Development Application in accordance with section 3.2.9 of the Integrated Planning Act 1997. The change was requested in response to the transfer of the land from CEC Group Ltd to Fabcot Pty Ltd and the resultant changes in the layout and staging of the land uses proposed. The proposed change seeks to amend the applicant details and to adopt use rights consistent partly with the ‘Local Centre’ Planning Area and partly with the ‘Commercial’ Planning Area on the subject land. The above request to change application included the following supporting documentation submitted by the applicant: Water and Sewerage Services Report; Storm water Drainage Report; Traffic Impact Assessment; Plans of Development; Proposed Table of Assessment for Local Centre; An Economic Impact Assessment Report prepared by Location IQ.

Site Description The subject land is located on the corner of Draper Road and the Bruce Highway, Gordonvale described as part of Lot 46 on SP204562, Lot 8 on SP180032 and Lot 7 on SP201306 and is contained within the Residential 2 Planning Area in the CairnsPlan. The parent parcels have a total area of approximately 21.63 hectares, of which the relevant land comprises approximately 3.514 hectares. The land is bounded by developed and developing residential uses to the west and south, the Bruce Highway and township of Gordonvale to the east and farmland within the declared Mount Peter Master Planned Area to the north. Surrounding urban development comprises predominantly residential land and supporting uses. Rural land in the vicinity of the site is principally sugarcane farmland. Proposal The current Development Application seeks Preliminary Approval for a Material Change of Use Overriding the Planning Scheme to gain use rights consistent with the ‘Local Centre’ Planning Area (The total area for which ‘Local Centre’ use rights are requested is approximately 2.81ha) and the ‘Commercial’ Planning Area (The total area for which Commercial use rights are requested is approximately 7,050m²) on land currently described as part of Lot 46 on SP204562, Lot 8 on SP180032 and Lot 7 on SP201306.

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The key features of the development proposed form part of the requested Preliminary Approval and include a supermarket (3,200m²), future expansion of the supermarket (600m²), retail shops and kiosk (985m²), petrol station (80m²), fast food shops (500m²) and Business Facilities (unknown floor area). The proposed Levels of Assessment are per the Gordonvale – Goldsborough District Assessment Table. TOWN PLANNING CONSIDERATIONS The assessment of the request to override the planning scheme is guided by s3.5.5A of the Integrated Planning Act 1997. As an impact assessable application, the proposed variation must be assessed against the entire Planning Scheme and other relevant statutory planning instruments. CairnsPlan Assessment Desired Environmental Outcomes (DEO’s) The following is an assessment of the proposal against the Desired Environmental Outcomes of CairnsPlan 2005 (noting that the 2009 review of CairnsPlan did not alter the DEO’s from the 2005 version). 2.2.1 Ecological Processes and Biodiversity The biodiversity and nature conservation values of the marine, terrestrial and freshwater ecosystems within the City are conserved and enhanced. It is considered that the proposal will not have a detrimental impact on the achievement of the above identified Desired Environmental Outcome. 2.2.2 Catchments and Waterways Water quality, in-stream and riparian values and nature based recreation values of natural and modified waterways and wetlands and their catchments within the City are conserved and enhanced. The site does not contain a waterway. It is considered that the proposal will not have a detrimental impact on the achievement of the above identified Desired Environmental Outcome. 2.2.3 Tropical Coastline The values of all the coastal system of the City for coastal stability, ecological processes and nature based recreation are conserved and enhanced. The site is not situated within proximity to the Coastline. It is considered that the proposal will not have a detrimental impact on the achievement of the above identified Desire Environmental Outcome.

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2.2.4 Risk Management The location and design of development minimises the potential risk to the safety and health of the community as a result of: Flood or Storm Surge, Slope Instability, Bushfire, Contaminated Land, Reduction in Air Quality and Increased Noise Levels. The site is not prone to Flood or Storm Surge, Slope Instability, Bushfire or Contaminated Land. The proposed Development will not result in a reduction in Air Quality and Increased Noise Levels to warrant concern. It is considered that the proposal will not have a detrimental impact on the achievement of the above identified Desire Environmental Outcome. 2.2.5 The Scenic Landscape The scenic landscape of the City is valued and enjoyed by residents and visitors, and the essential elements of this landscape, the forested hills and foothills, beaches and headlands, streams and rivers, wetlands, open spaces and rural land are conserved and enhanced. The site is not located such that views of the forested hills and foothills, beaches and headlands, streams and rivers, wetlands open spaces that will be adversely affected by this proposal. The site is contained within an existing rural locality although all the adjacent rural land is designated for future urban uses (Residential 2 Planning Area and Mt Peter Master Planned Area to the North). From this perspective the proposal is considered to have no significant impact on the achievement of the above Desired Environmental Outcome. 2.3.1 Primary Production Primary industries, particularly sugar cane production, continue to contribute to the economy of the City and to employment within the City. The effects of urban development on the resource of good quality agricultural land and on the operation of primary industries are minimised. The preferred pattern of development shown on the Structure Plan Map 4 limits the encroachment of urban development on to good quality agricultural land. The site is contained within an existing rural locality although all the adjacent rural land is designated for future urban uses (Residential 2 Planning Area and Mt Peter Master Planned Area to the North). From this perspective the proposal is considered to have no significant impact on the achievement of the above Desired Environmental Outcome.

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2.3.2 Economic Activity and Employment Centres Business, retail and industrial activities are located in a hierarchy of centres and in designated areas throughout Cairns to encourage continued investment and an increase in the diversity and number of employment opportunities. Sub-regional, District and Local Centres are developed that contributed to a sense of community life and belonging for the people they serve. The Sub-regional and District Centres and the major industrial and employment areas identified on the Structure Plan Map 4, are established and consolidated. The proposal is for the introduction of a Local centre that is out of sequence and in a different location to the designated Local Centre location within the locality (700m west of the subject site). The proposed ‘Local Centre’ and ‘Commercial’ land uses do not contribute to a sense of community life and belonging for the people they serve in the proposed location and conflict with functions and intent of the Local centre Planning Area. Based on the above it is considered the proposal conflicts with the above Desired Environmental Outcome. 2.3.3 Tourism Industry The tourism industry continues to play a major role in the economic growth of the City and Region. The sustainable use of the resources of the natural environment contributes to the strength of the industry. Development of major tourist accommodation is concentrated in the areas identified on Map 2. The major tourist attractions depicted on Map 2 are maintained and consolidated. The potential conflicts between tourist accommodation, attractions and facilities and local communities are minimised. The proposed development is for the establishment ‘Local Centre’ and the establishment of ‘Commercial’ Land uses on site and the site is not identified within Map 2 for a major tourist attraction. Although it may service tourists who visit the region it is considered that the above Desired Environmental Outcome is not applicable to the proposed development. 2.3.4 Preservation of Resources Natural resources, such as extractive resources, good quality agricultural land, water and forestry resources within the City, are protected from encroachment by, and the adverse effects of, urban development and are utilised in a sustainable manner. The extractive resource sites indentified on Map 3 remain available for the extraction of materials. The extractive industry haul routes identified on Map 3 are, to the extent possible taking account of the established pattern of land use, protected from incompatible development. The preferred pattern of development shown on the Structure Plan, Map 4 limits the encroachment of urban development into areas containing natural resources.

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The site is not situated such that the development will have an impact on extractive resources, good quality agricultural land, water or forestry resources. With regards to good quality agricultural land the site is contained within an existing rural locality although all the adjacent rural land is designated for future urban uses (Residential 2 Planning Area and Mt Peter Master Planned Area to the North). From this perspective the proposal is considered to have no significant impact on the achievement of the above Desired Environmental Outcome. 2.3.5 Pattern of Urban Development The pattern of urban development recognises the importance of the natural environment, natural resources and quality of life to the viability of Cairns and the wellbeing of its residents. The pattern of urban development provides opportunities for growth and consolidation within the framework established by the Regional Plan and achieves the efficient use of existing and planned infrastructure. The preferred pattern of development shown on the Structure Plan Map 4 is achieved. The site is situated within the Urban Area (Residential 2 Planning Area) and is nominated on Structure Plan Map 4 for urban development. However the proposal is considered to be out of sequence with the identified Pattern of Urban Development as detailed in Planning Area designations in the Planning Scheme. This in large part is due to the proposal to establishment a ‘Local Centre’ and ‘Commercial’ Land uses on land designated in the Residential 2 planning Area. Based on the above it is considered the proposal conflicts with the above Desired Environmental Outcome. 2.3.6 Physical Infrastructure The pattern of urban development facilitates the efficient use of existing and committed infrastructure. Physical infrastructure is provided in an efficient and equitable manner and to a level necessary to achieve contemporary environmental standards. The site is situated within the existing urban footprint and is serviced by existing infrastructure. From this perspective the proposal is considered to have no significant impact on the achievement of the above Desired Environmental Outcome. 2.3.7 Transportation Air, sea and rail transport systems, public transport, road transport and facilities for cyclists and pedestrians are integrated with urban development to facilitate the safe, efficient and effective movement of people and goods locally, nationally and internationally. The establishment and maintenance of the major transport infrastructure of the Cairns International Airport, Cairns Seaport, highways/ arterial roads and railways required to provide for this movement of people and goods, as identified on the Structure Plan, Map 4, is facilitated. The implementation of the Long Term Public Transport Network, shown on Map 4, is facilitated.

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The site is situated within the existing urban footprint and is serviced by roads. It is considered that the proposed development does not contradict the above identified Desired Environmental Outcome. 2.4.1 Liveable, Sustainable, Tropical City The combination of natural features, built environment, and development patterns result in a liveable, sustainable, and tropical city promoting a distinct Cairns style. The essential elements of outdoor living, access to natural areas, good air quality, efficient housing and tropical design are promoted to ensure the Cairns lifestyle is maintained and enhanced. It is considered that the development of the site in the proposed form is not directly relevant to the above identified Desired Environmental Outcome. 2.4.2 Housing The provision of a diverse choice of housing that is responsive to the climate, landscape and the changing demographic structure of the Cairns population while being affordable and efficient. The proposed development proposes a ‘Local Centre’ which can accommodate medium density residential development that would offer a wider choice of housing. It is considered that the proposed development does not contradict the above identified Desired Environmental Outcome. 2.4.3 Cultural Heritage Places of cultural heritage significance are conserved to retain their significance for the benefit of present and future generations. The site is not identified as being a place of cultural heritage significance. It is considered that the above identified Desired Environmental Outcome is not applicable to the proposed development. 2.4.4 Sense of Community Communities are created with the recognisable character and sense of place and which have a high level of amenity, safety, connectivity and integration between existing and new areas. DEO 2.4.4 – Discussion – Mentions that ‘..Opportunities should be taken to consolidate Local and District Centres and to integrate community and social facilities with these centres”. A Local Centre provides an opportunity to promote a sense of community and a sense of place for surrounding residents. The existing designated land for the Local Centre provides the opportunity to integrate the centre with the surrounding community by providing a high level of amenity and connectivity between the Local centre and surrounding residential areas.

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The proposed location for the development of a Local Centre and commercial activities does not achieve this as it relies on passing trade being somewhat of a automobile based centre. A large percentage of the immediate catchment of this centre is the Bruce highway and does not facilitate a high level of connectivity to the surrounding residential community. Based on the above it is considered the proposal conflicts with the above Desired Environmental Outcome. 2.4.5 Community and Social Facilities Access to a range of community and social facilities for both established and new residential communities is facilitated, with community and social facilities being located so as to be convenient and highly accessible to the individuals, families and communities they serve. The proposal could accommodate Community and Social Facilities however these uses have not been proposed in this development application. It is considered that the above identified Desired Environmental Outcome is not applicable to the proposed development. 2.4.6 Accessibility and Mobility Accessibility and mobility, for all members of the community, are enhanced through the location of services and facilities in a network of centres; the location of employment nodes in proximity to residential communities; and through integration of the transport systems with residential areas and commercial centres. The implementation of the Long Term Public Transport Network, shown on Map 5, is facilitated. Council’s engineers commissioned a peer review of the Traffic Analysis provided with the application. The outcomes form the Peer review and Council’s engineers review were:

- that there was not sufficient information provided regarding the validation of the existing models, including volumes, heavy vehicle volumes and existing conditions.

- A number of discrepancies are present in the TIA SIDRA models, particularly volumes used in the ‘PM Peak Existing -2010’ SIDRA model differing from those in Figure 2. This further brings into question the validity of the model.

- A future conditions model should be presented for a 10 year forecast and validation shown of the model for existing conditions.

- Volumes entered should include increased traffic due to revised generation rates (where applicable), connection with residential area via Fisher Street and proposed developments to the west.

- SIDRA outputs included do not provide sufficient information for us to determine the accuracy of the modelling.

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Gordonvale-Goldsborough Planning District The description and intent of the Gordonvale-Goldsborough Planning District details that “It is intended that the existing commercial centre should function as a District Centre”. When considering the proposed establishment of a ‘Local Centre Planning Area’ for an area of approximately 2.81ha and the ‘Commercial Planning Area’ for an area of approximately 7,050m², the potential negative economic impact on the District/Town Centre of Gordonvale must be considered. This is outlined further in this report under the Economic Need heading. The description and intent of the Gordonvale-Goldsborough Planning District details further that “There are opportunities for the establishment of Local Centres, to service the developing residential and rural residential areas”. Concern is raised that although the proposal aims to gain use rights consistent with the ‘Local Centre’ Planning Area (2.81ha) and the ‘Commercial’ Planning Area (Approximately 7,050m²), when combined, the proposed Development would function more to the level of a District Centre rather than a Local Centre due to its sheer size. It is therefore concluded that the proposal is in conflict with the description and intent of the Gordonvale-Goldsborough Planning District as it will ultimately establish and out of sequence centre that will function at a District level rather than a traditional “Local Centre” and may threaten the existing commercial centre of Gordonvale that should and is planned to function as the dominant District Centre in this locality. Relevant CairnsPlan Codes:

CairnsPlan Gordonvale Goldsborough Planning District

Code Applicability Compliance

Planning Area Residential 2 Does not Comply. See Discussion Below.

Land Use

MATERIAL CHANGE OF USE PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME FOR USE RIGHTS CONSISTENT PARTLY WITH THE LOCAL CENTRE PLANNING AREA AND PARTLY WITH THE COMMERCIAL PLANNING AREA

Does not Comply. See Discussion Below.

Hillslopes r Vegetation Conservation & Waterway Significance r Cultural Heritage r Potential or Actual Acid Sulphate Soil Material r Bushfire Management r Flood Management r Height and Impact of Buildings r Operational Aspects of the Cairns International Airport r

Overlays

Demolition r

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Planning Area Codes Residential 2 Planning Area Code – The site is located within a Residential 2 Planning Area and is currently vacant land. The Intent and Purpose of the Residential 2 Planning Area as expressed in CairnsPlan (2005 & 2009) includes the following desired development outcomes: The development of a wider choice of housing in terms of form and size to meet the

needs of a diverse population is facilitated; More innovative housing solutions are facilitated; Higher densities are located within reasonable walking distance to public transport,

centres, community facilities and open space; Travel distances from residential uses and tourist and short term accommodation

uses to public transport, centres, community facilities and open space should be minimised and walking and cycling encouraged;

Efficiencies in the use of land and in the provision of physical and social infrastructure in developing residential neighbourhoods are facilitated through the orderly and sequential development of land;

Consolidation and the more efficient use of existing infrastructure within the established residential areas included within this Planning Area are facilitated;

The scale and density of development contributes to a high standard of residential amenity;

The establishment of facilities which provide ancillary services to the local community is facilitated;

Uses identified as inconsistent uses in the Assessment Table dealing with material change of use for the respective Districts are not established in the Residential 2 Planning Area.

The applicant submits the following with respect to the proposed use within the Residential 2 Planning Area: It is submitted that the development proposed advances the desired development outcomes for the Residential 2 Planning Area. The proposal is located within a network of higher density housing uses west of the Bruce Highway, and will provide for a range of facilities and services to stem the bypass trade which currently leaks from Gordonvale West to centres further to the north. This will result in a reduction in travel time and prevent the need for local residents to access the State-controlled road for local trips.

Excavation and Filling Code r

Infrastructure Works Code Would require conditions if approved

Landscaping Code Would require conditions if approved

Parking & Access Code Would require conditions if approved

Reconfiguring a Lot Code r

General

Development Near Major Transport Corridors & Facilities Would require conditions

if approved

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Key elements of the code that the development fails to satisfy include: P4 - The site coverage of all buildings must not result in a built form that is bulky or visually intrusive. In a residential setting, bulk building resulting from the proposed development of this size is in conflict with this code. Specialty shops that wrap the anchor store do break up some of the bulk but the proposal in general does result in a built form that is bulky and visually intrusive when proposed in the Residential 2 Planning Area. P5 - Development does not adversely affect the amenity of the planning area and adjoining land uses. The overall site layout, the reliance on vehicle access and passing trade does not lend to the amenity of the adjoining residential development. Although appropriate acoustic treatment has been proposed to combat noise impacts the visual amenity of the adjoining residential areas will be impacted upon by the proposed development. P7 - Buildings and ancillary structures are responsive the tropical climate by taking into account prevailing breezes and solar orientation and designed to minimise energy consumption. The development presents as a standard supermarket development with multiple adjoining pads. The form of the buildings and associated specialties does not encourage natural ventilation nor the effective use of prevailing breezes. P8 - Provision of physical and social infrastructure and developing residential neighbourhoods are facilitated through the orderly and sequential development of land. The development makes negligible contribution to social infrastructure being retail focused. P9 - Provision of a wider choice of housing in form and size to meet the needs of a diverse population is facilitated. The proposed development fails to develop a wider choice of housing in terms of form and size to meet the needs of a diverse population as it is retail focused. P1O - Travel distances from residential uses and tourist and short-term accommodation uses to public transport, centres, community facilities and open space should be minimised and walking and cycling encouraged. The proposal is considered to generate additional car-based trips. This is in large part due to the proposed centre’s heavy reliance on passing highway trade. Furthermore, the proposal relates poorly to surrounding residential areas in terms of encouraging walking and cycle access due to it decentralised location to the surround residential areas.

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The proposed development application to gain use rights consistent with the ‘Local Centre’ Planning Area and with the ‘Commercial’ Planning Area conflicts with the Residential 2 Planning Area Code. Although the applicant argues that proposal advances the desired development outcomes for the Residential 2 Planning Area, Council officers disagree based on the proposal’s failure to meet the performance criteria contained in the Residential 2 Planning Area Code. When considering the proposed development application against the Residential 2 Planning Area Code provisions it is appropriate to consider the proposed land uses that form part of the requested Preliminary Approval. These uses include Shopping Facilities 501 - 10,000m² GFA (supermarket (3,200m²), future expansion of the supermarket (600m²), retail shops and kiosk (985m²)), Service Station (petrol station (80m²)), Restaurant (fast food shops (500m²)) and Business Facilities(no stated floor area). Within the Residential 2 Planning Area in the Gordonvale-Goldsborough Planning District Assessment Table the proposed land uses are identified as Impact Assessable and Impact Assessable (Inconsistent Use) as outlined in Table 1 below. It is considered the establishment of these uses contradicts the Intent and Desired Development outcomes of the Residential 2 Planning Area. TABLE 1: Levels of Assessment of proposed land uses:

Overlay Codes No overlays are directly applicable to the proposed Development. Land Uses The proposal includes the establishment of the following CairnsPlan land uses: Shopping Facilities (501 - 10,000m² gfa) - (supermarket (3,200m²), future expansion of the supermarket (600m²) and retail shops and kiosk (985m²)). Means the use of premises for the display and retail sale of goods and for personal services such as betting (in the form of a TAB agency or similar facility), hair and beauty care, laundering and dry cleaning and other customer services.

PROPOSED LAND USE

LEVEL OF ASSESSMENT

(Residential 2 Planning Area) Shopping Facilities (501 - 10,000m² GFA) - (Supermarket (3,200m²), future expansion of the supermarket (600m²) and retail shops and kiosk (985m²))

Impact Assessable (Inconsistent Use)

Service Station - (Petrol station (80m²)) Impact Assessable Restaurant - (Fast Food shops (500m²)) Impact Assessable Business Facilities Impact Assessable

(Inconsistent Use)

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The use includes the hiring out of small domestic items such as appliances, entertainment, sporting and health equipment and the exchange of domestic items and clothing. The use includes facilities commonly described as shop, supermarket, department store, hardware store up to 500m² GFA; stall, market or salon. Within the Residential 2 Planning Area in the Gordonvale-Goldsborough Planning District Assessment Table Shopping Facilities 501 - 10,000m² GFA is identified as Impact Assessable (Inconsistent Use). Service Station - (Petrol station (80m²)). Means the use of premises for: The retail sale of motoring requirements such as fuels, lubricants, oils and

greases, batteries, tyres, spare parts, auto accessories and limited convenience shopping items to the travelling public;

The hire of a limited number of vehicles or trailers;

The washing of motor vehicles for a fee, including facilities provided for the public

to wash and clean the interior and exterior of their own vehicles. The use includes facilities commonly described as a petrol station or car wash. Within the Residential 2 Planning Area in the Gordonvale-Goldsborough Planning District Assessment Table a Service Station is identified as Impact Assessable. Restaurant - (Fast Food shops (500m²)). Means the use of licensed or unlicensed premises for the provision of meals or light refreshments to members of the public for consumption on or off the premises. The use includes facilities commonly described as bistro, bar and grill, cafe, milk bar, snack bar, coffee shop, tearoom, takeaway, drive through food outlet or fast food outlet. Within the Residential 2 Planning Area in the Gordonvale-Goldsborough Planning District Assessment Table a Restaurant is identified as Impact Assessable. Business Facilities: Means the use of premises for: The conduct of a business or office where the principal activity is the provision of

business or professional advice, services and goods or the office based administrative functions of any organisation;

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The medical or paramedical care or treatment of persons and which does not

involve the accommodation those persons on the premises. The use includes: Facilities commonly described as professional office, real estate office, estate

sales office, bank, building society, credit union or funeral parlour; Care or treatment by practitioners such as an acupuncturist, podiatrist, naturopath,

chiropractor, dentist, general or specialist medical practitioner, optometrist, pathologist, physiotherapist or radiologist, together with ancillary services such as pharmacy.

Within the Residential 2 Planning Area in the Gordonvale-Goldsborough Planning District Assessment Table Business Facilities are identified as Impact Assessable (Inconsistent Use). Land Use Codes 4.7.20 - Service Station Code The purpose of this Code is to ensure that Service Stations are: Established in appropriate locations of sufficient size to enable safe and

convenient access and internal circulation; Do not have adverse effects on the amenity of the surrounding area or on the

operation of the adjacent road system; Designed, constructed and operated to accommodate the needs of users whilst

minimising the risks to people and property within the surrounding planning area; Buildings and structures are sited and designed to complement or enhance the

character and amenity of streets and neighbouring premises; The service station component appears to be generally in accordance with the Service station Code contained in CairnsPlan. 4.7.21 Shopping and Business Facilities Code The purpose of this Code is to ensure: A convenient and appropriate range of shopping, and services in highly accessible

locations for the Cairns community; The layout of streets, public spaces, buildings and uses facilitates safe and

convenient access and mobility; The amenity and privacy of any nearby residential areas is maintained; Buildings and structures are sited and designed to complement or enhance the

character and amenity of streets and neighbouring premises; Buildings and structures provide visual interest in their forms and facades, and

take advantage of local climatic conditions;

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Community safety is enhanced and crime and anti-social behaviour is actively discouraged through the design of the centre; and

Functional, robust and attractive street furniture is provided. The overall proposed site layout does not provide ideal access and mobility between different components of the site as is heavily reliant on car based movements. The buildings and structures are typically of a dispersed pattern of car-based standalone shopping centre development and do not enhance the character and amenity of streets and neighbourhood premises. The proposed buildings and structures proposed do not have any high degree of visual interest in their forms and facades, and do not take advantage of local climatic conditions but rather appear to deliver a generic car-based standalone shopping centre development that presents considerable quantities of blank walls. Of considerable note Performance Criteria P1 - Shopping Facilities have a desirable streetscape and a high level of amenity and Performance Criteria P3 - Casual surveillance of streets, parking and bicycle and pedestrian facilities is provided, is not met as the development is internally focused on car parking and does not provide quality streetscapes or streetscape interaction. With respect to Performance Criteria P4 - Clear, safe and convenient connections are provided for pedestrians and cyclists between public transport stations and key services and facilities in the centre, the nature of the development does not enhance pedestrian safety as virtually all internal movement within the centre needs to traverse a car parking area. With respect to Performance Criteria P6 - Buildings located in prominent positions, such as ‘gateway’ and corner sites on principal streets, with frontages to major public spaces, and terminating important vistas are designed to express or emphasise the importance of their location, the proposed development presents a petrol station as a key gateway building. This is considered undesirable in this location and does not satisfy the relevant Performance Criteria. General Codes 4.8.1 Development near Major Transport Corridors and Facilities Code The purpose of this Code is to ensure that development does not compromise the safety and efficiency of major transport corridors and facilities. The development is located on a major transport corridor, the Bruce Highway. As proposed, the development is partially compliant with the acceptable measures due to constraints of access. Further comments relating to the developments traffic impacts and interface with the Bruce Highway are discussed further in the Traffic Considerations section of this report

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4.8.5 Parking and Access Code The purpose of this code is to achieve the following: Parking (for passenger vehicles, buses, commercial vehicles and bicycles) is

provided to service demand generated by development; Accessible and convenient on-site parking is provided. In particular short term

parking with comparable amenity to on-street parking is provided; The provision of on-site parking, loading/unloading facilities and the provision of

access to on-site parking does not adversely impact on the efficient functioning of the road network or on the area in which the development is located;

Access to premises is safely located, consistent with the preferred ultimate road and streetscape concept plan, and does not unduly disrupt current or future on-street parking arrangements; and

The opportunity is available in some circumstances for the provision of contributions in lieu of providing on-site parking where site constraints, including physical constraints, character of buildings and visual amenity, limit the ability to provide on-site parking as required.

The applicant has proposed a slightly reduced car parking rates for the proposed land uses on the site. Further comments on parking, traffic and access arrangements are discussed below in the Traffic Considerations section of this report. Far North Queensland Regional Plan The site is situated within the Urban Footprint of the Regional Plan. The intent for the urban footprint is to provide for the region’s urban development needs to 2031. With respect to Gordonvale, Page 23 of the Regional Plan identifies it as a heritage town and that “any future urban development within Gordonvale should seek to ... maintain Gordonvale’s unique character.” It also states that “the ongoing viability of the existing district activity centre at Gordonvale needs to be also considered” when assessing the potential for new centres in the Southern Growth Corridor. The Regional Plan has also recognised the declaration of the Mount Peter Master Planned Area (which abuts the subject site to the north) as a major part of the Southern Growth Corridor, potentially accommodating a population of 50,000 persons and to contain a viable network and range of strong activity Centres. The Regional Plan establishes the dominant role of the Mount Peter Declared Master Planned Area with respect to further significant urban development. Policy 4.2.7 of the Regional Plan also states that Local activity centres are generally located within 400m of population catchments in highly accessible locations within the urban footprint. At first glance it may appear that the proposed centre satisfies this policy but when compared to the location of the existing identified Local Centre the proposal fails to compare in terms of being a highly accessible location particularly for the surrounding neighbourhoods accessible via pedestrian linkages at convenience.

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The proposal places greater reliance on car based consumers and highway trade rather than servicing the local neighbourhoods – as is the intent of a Local Centre. A map in Appendix 3 shows the relationship of the existing Local centre to the proposal together with the 400m radii walking distance from each location. Compliance Issues Local Centre Planning Area Code The application seeks Preliminary Approval for a Material Change of Use Overriding the Planning Scheme to establish a ‘Local Centre’. It is noted that the total area for which ‘Local Centre’ use rights are requested is approximately 2.81ha. The applicant submits the following with respect to the proposed use within the Local Centre Planning Area: The purpose of the Code is to provide for the establishment of local shopping facilities and services, at a scale and density which contributes to a high standard of amenity. The development proposed will provide for a range of facilities and services at a scale and density suitable in the catchment in which it is proposed. Suitable landscaping and noise amelioration buffers to residential lands to the south will ensure the development is able to achieve a high standard of amenity in the context of its locale. It is submitted that the development proposed advances the desired development outcomes for the Local Centre Planning Area. When considering the proposed establishment of a ‘Local Centre’ on the site the Local Centre Planning Area Code contains provisions for which the proposal should be considered against. The purpose of the Planning Area Code is to facilitate the achievement of the following desired development outcomes for the Local Centre Planning Area: The establishment of local shopping facilities, together with business and

professional services, which serve the surrounding residential community is facilitated;

The establishment of community facilities which serve the surrounding residential community is facilitated;

The scale and density of development contributes to a high standard of amenity; The establishment of medium density residential development, where design and

siting ensure that a high standard of residential amenity will be achieved, is facilitated;

Uses identified as inconsistent uses in the Assessment Table dealing with material change of use for the respective Districts are not established in the Local Centre Planning Area.

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In summary the key elements of the code and intent of a Local Centre is to provide: “Local shopping facilities, business and professional services, community facilities and medium density residential development that serves the surrounding residential community with a high standard of amenity.” It is considered that the proposed local centre does establish shopping facilities but fails to serve the local surrounding residential community and is heavily reliant on passing highway trade. Rather being located in a centralised location to the surrounding community the site is considered decentralised when compared to the existing identified Local Centre some 700m west of the proposal site. This site does not rely on highway or passing trade and is considered to be a sound example of the location intent for a local centre within the CairnsPlan. It is noted that the Court Appeal that was used to resolve the location and extent of the existing Local Centre west of the subject site limited the area of land for the Local Centre designation to 1ha. and further limited the uptake of gross floor area in Local Centre in proportion to the occupation rate of the surrounding residential area. Furthermore, the Function of the Centre as outlined in Performance Criteria P9 of the Local Centre Planning Area Code identifies that: Local Centres provide a highly convenient range of goods and services for the daily

and weekly needs of discrete residential communities. The Acceptable Measures for this Performance Criteria (P9) state amongst other criteria that Local Centres: Are consolidated within the areas included in the Local Centre Planning Area on

the District Plan Maps; Serve a catchment generally less than 2500 household; Are less than 5000m² GLA; Are accessed via a collector level road and via pedestrian and cycleway networks; Have no direct access to highways or to arterial roads in order to achieve

convenience and to maintain efficient road functions; Do not to attract or rely upon passing highway trade or tourist trade. However,

some Local Centres will invariably serve visitors as well as residents by virtue of their established locations.

The applicant submits the following with respect to Performance Criteria (P9) – Function of the Centre contained within the Local Centre Planning Area Code: The development proposed services the everyday needs of the local population west of the Bruce Highway. The inclusion of a full-line supermarket will result in the retention of local residents for their weekly food and grocery shop, rather than leaking trade to centres further to the north. An Economic Impact Assessment Report has been prepared for the proposed development.

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With regards to the justification of this centre based on the Location IQ Economic Impact Assessment Report submitted with this application, this is discussed further in this report under the Economic Need heading. It is evident that the location and function of the proposed Local Centre is in direct conflict with Performance Criteria P9 and Associated Acceptable Measures. Although not prescriptive, the Acceptable Measures provide a guide to satisfactory outcomes to address the relevant Performance Criteria contained within the code. Where a Local Centre should function to provide a highly convenient range of goods and services for the daily and weekly needs of discrete residential communities the proposed location is decentralised to the existing and further residential communities and rather than providing for “discrete residential communities” is heavily reliant on passing highway trade. A diagram contained in Appendix 4 - Diagram 1 – Proposed and Existing Local Centre Locations identifies a 400m radius for the subject site and the existing identified Local Centre Site. This diagram graphically displays the serviceable areas for the proposed site and the existing Local Centre Planning Area. Of further concern is the overall function of a centre greater than 5000 m² GLA. It is considered the proposed establishment to gain use rights with the ‘Commercial’ Planning Area (Approximately 7,050m²) in addition to the proposed ‘Local Centre Planning Area’ use rights would function more like a District Centre rather than a Local centre. The proposed establishment of a Local centre on this site therefore fails to satisfy the intent, purpose and desired development outcomes of the Local Centre Planning Area. The proposal is in conflict with the code and despite the applicant contending that there is a need for such development in the area, the proposal is not supported at the location chosen but rather should be located on the existing identified Local Centre site at a scale and form that compliments the intent of a Local Centre. Commercial Planning Area (The total area for which Commercial use rights are requested is approximately 7,050m²) The purpose of the Commercial Planning Area Code is to facilitate the achievement of the following relevant desired development outcomes for the Commercial Planning Area:

The establishment of commercial, business and professional activities which serve the needs of the District community is facilitated;

The establishment of commercial uses, such as showrooms and display facilities, which due to their size or nature cannot be accommodated in the City Centre or Sub-Regional Centre Planning Areas is facilitated;

The scale and density of development contributes to a high standard of amenity;

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The operation of smaller scale tourist attractions and facilities, particularly in the Cairns Beaches District is facilitated;

The establishment of short term accommodation, particularly within the CBD North Cairns and Inner Suburbs Districts, is facilitated, provided the accommodation is afforded a high level of amenity;

The establishment of medium density residential development, particularly within the CBD-North Cairns and Inner Suburbs Districts, is facilitated, provided the accommodation is afforded a high level of amenity;

Uses identified as inconsistent uses in the Assessment Table dealing with material change of use for the respective Districts are not established in the Commercial Planning Area.

The applicant submits the following with respect to the proposed use within the Commercial Planning Area: The proposed use rights will provide for a range of complementary professional and service activities at a scale and density suitable in the catchment in which they are proposed. Accordingly, it is submitted that the proposed Commercial use rights on part of the site advances the desired development outcomes for the Commercial Planning Area. The proposed Commercial Planning Area on the subject site would include the establishment of commercial activities that would pose significant threat to the viability of existing Gordonvale district centre. The argument for economic need of such a land use is outlined in the Location IQ Economic Impact assessment report that has been peer reviewed by Councils appointed economic consultant Norling Consulting Pty Ltd and this is discussed further in this report under the Economic Need heading. Other Planning Considerations Also to note is that the Planning Application and submitted Economic Impact Assessment Report fail to consider the approval of a service station, restaurants and tourist information centre on a site diagonally opposite the subject site (Currently under construction). As a consequence it is likely that if the proposal was to be approved Council would be creating a “cross-roads” form of development that has plagued other towns and cities and created the need to divert traffic around such cross roads. Economic Need An Economic Impact Assessment Report has been prepared for the proposed development by Location IQ to assess the demand for the development and its impacts on the surrounding locality. The report defines the primary catchment for the Shopping Centre as the growing residential areas west of the subject land and the Bruce Highway.

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The key points of the Location IQ report, regarding the demand and market scope for the proposed Gordonvale West Shopping Centre, included: i. Fabcot Pty Ltd propose a development that would be anchored by a supermarket

and a provision of specialty shops. The proposed site would be at a high profile location in Gordonvale, a town situated at the southernmost part of the Cairns Local Government Area (LGA).

ii. In total, the proposed Gordonvale West Shopping Centre development would

comprise some 4,605 sqm of floor space, including: - A supermarket of 3,200 m². - Specialty shops of 1,405 m². iii. In addition, two pad sites of a combined 635 m² and a petrol station of 80 m² are

also planned for the site. iv. The proposed retail offer of the Gordonvale West Shopping Centre would serve

local residents by providing a food and convenience offer anchored by a major full line supermarket (i.e. over 3,000 .m² in size).

v. In total, some 238 parking spaces are to be provided for the centre with a further

42 parking spaces for the two pad sites and the petrol station. The parking for the centre equates to a provision of 5.2 spaces per 100 sqm of GLA which is in line with the typical provision of car parking for a modern supermarket based centre.

vi. The defined main trade area generally extends 15 km to the east and west and 20

km to the south. This is the area from which the proposed development would attract the majority of its customers. It should be noted that the Mount Peter study area has been omitted from the defined trade area as this area will be served by future retail facilities designated in the growth area.

vii. The Gordonvale West Shopping Centre main trade area population is currently

estimated at 8,760 and is projected to increase by some 3,750 persons to 12,510 persons by 2026.

viii. There is a significant difference in the profile of the growing primary sector

population on the western side of the Bruce Highway compared with the more established population within the secondary east and west sectors. The primary sector population reflects a new residential area with a younger, family based population who earn higher income levels on a household basis. It is important to provide a range of convenience facilities within close proximity to resident’s homes, including choice of location for their food and grocery shopping. Price competition for food and grocery items is also very important for young families.

ix. The provision of supermarket floor space throughout the main trade area at 183

sq.m per 1,000 persons is significantly lower than the non metropolitan Queensland and Australian averages of 322 sq.m and 311 sq.m per 1,000 persons, respectively. The main trade supermarket floor space provision is around 59% of the Australian average.

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x. The projected impacts on other retailers throughout the region from the

development of the proposed Gordonvale West Shopping Centre will not threaten the viability or continued operation of any facilities. The Gordonvale West Shopping Centre development will significantly enhance the vibrancy and long term sustainability of the Gordonvale retail offer, providing an anchor tenant in the form of a major full line supermarket in a convenient location for local residents.

xi. The proposed Gordonvale West Shopping Centre is projected to record sales of

$27.9 million in 2012/13. Of this total, some $5.8 million is projected as a result of a redirection of spending from competitive facilities in the main trade area, with the remainder ($22.1 million) being a reduction in expenditure from facilities beyond the main trade area.

xii. The Gordonvale West Shopping Centre development will retain spending that is

currently escaping Gordonvale. Overall, the proposed Gordonvale West Shopping Centre will strengthen the retail offer of Gordonvale and allow residents to undertake shopping locally as well as increase price competition in the area.

xiii. The proposed development would result in the reduction in travel time and petrol

cost savings for the Gordonvale population to frequent larger retail facilities and particularly major full line supermarkets located beyond the main trade area.

xiv. The project will result in the creation of additional employment, both during the

construction period, and more importantly, on an ongoing basis once the development is completed and operational. In total, some 316 direct jobs would be created from the proposal (i.e. in the centre and during the construction period), with a further 372 jobs created in the broader community from the supplier induced multiplier effects.

xv. The additional 206 permanent retail employees would earn an average annual

wage of around $28,800 as sourced from the ABS. This represents an additional $5.9 million in salary and wages for the local economy, directly as a result of the retail component of the proposed development.

xvi. It is concluded that the combination of the substantial positive economic impacts

from the proposal, serve to more than offset the trading impacts that could be anticipated for a small number of the existing retail stores in the region, particularly high performing supermarkets. Further, the impacts would not threaten the viability of any of these retailers or centres which will be well located to future strong population growth in the area including in the Mount Peter area and the Edmonton Town Centre (Mann’s Farm site).

In response to the Location IQ Economic Impact Assessment Report Council commissioned Norling Consulting Pty Ltd to undertake a peer review of the report. A copy of the entire Peer Review is contained within Appendix 4 of this report. An outcome of this peer review concluded that “the Location IQ Report should not be relied upon to approve the proposed development for the following reasons:

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It has failed to appropriately consider the centre hierarchy; Whilst excluding the Mount Peter Master Planned Area population in its analysis,

the EIA has failed to consider the role of planned centres within Mount Peter in serving the needs of the Gordonvale catchment;

Its population projections appear to be optimistic; It has failed to identify whether the Gordonvale District Centre could accommodate

the identified need; It has failed to consider how the catchment population’s need could be met by

other approved centres in the area; It has underestimated impacts upon the Gordonvale District Centre; It has not identified sufficient planning grounds; and It has not justified why Council should depart from the Judgement of the Planning

& Environment Court to limit the extent of retailing on Draper Road due to the likely significant impact upon the Gordonvale District Centre. “

Furthermore, Norling Consulting added that: “Whilst the EIA has established that the Gordonvale community would benefit from the provision of an improved shopping offer (namely a full-line supermarket), it has not established a planning need for the proposed development on the subject site. The proposal:

Is in conflict with the Regional Plan; Is in conflict with the CairnsPlan; Is out-of-centre; Would prejudice the Master Planning of Mount Peter, which adjoins the subject

site immediately to its north; Would operate as a District Centre due to it providing for the weekly and other high

frequency shopping needs of the community, containing a full-line supermarket, serving a catchment of more than 2,500 households, providing more than 5,000m² of floorspace (before considering the floorspace of the future development site), being accessible from an arterial road, attracting or relying upon passing highway trade and projected to obtain greater retail turnover than the existing Gordonvale District Centre (if approved);

Would not contribute to the concentration and consolidation of centre activities; and

Would cause significant impact upon the range of services, function, vitality and viability of the Gordonvale District Centre.”

Officers consider that the outcomes of the peer review:

Reinforce the argument of the conflict the development has with DEO 2.3.2 Economic Activity and Employment Centres.

Reinforces the positions put forward in this report regarding the proposal compromising the outcomes of the Mount Peter Master Planned Area.

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Reinforces the argument that direction from the FNQ Regional plan should be considered especially regarding page 23 of the Regional Plan that identifies Gordonvale as a heritage town and that “any future urban development within Gordonvale should seek to ... maintain Gordonvale’s unique character.” It also states that “the ongoing viability of the existing district activity centre at Gordonvale needs to be also considered” when assessing the potential for new centres in the Southern Growth Corridor.

Clearly identify how the catchment population’s need could be met by other approved centres in the area with major reference to the currently under construction Service station, shopping facilities and Restaurant located on Cairns Road, Gordonvale which is diagonally opposite the subject site to the North East.

Reinforces that the proposal has not identified sufficient planning grounds and is contrast to the existing Local Centre site already identified in the Planning Scheme some 700m to the west of the proposal site.

Traffic Considerations As noted above Council engineers have examined the traffic assessments provide with the common material. The traffic assessments were also peer reviewed on behalf of Council. The outcomes of the Council reviews are noted as follows: Issue Council Officer comments on material provided and following

Peer review State Controlled Road Network No future model of the intersection was produced. No verification of the modelled existing conditions was undertaken.

Sufficient information has not been provided regarding the validation of the existing model, including volumes, heavy vehicle volumes and existing conditions.

A number of discrepancies are present in the TIA SIDRA models, particularly volumes used in the ‘PM Peak Existing -2010’ SIDRA model differing from those in Figure 2. This further brings into question the validity of the model.

A future conditions model should be presented for a 10 year forecast and validation shown of the model for existing conditions.

Local Road Network: Fisher/Draper intersection. No background volumes are shown on the local road network.

The applicant has not considered the impact of a connection via this section of Draper Road to the residential areas to the south and east via Fisher Street. This residential component will add to the modelled intersections which currently only consider traffic generated by the development. Also, the impacts of increased development to the west, combined with the increased turning movements at Draper Road due to the development should be shown by the applicant.

Design Issues Concept plans do not show lengths and design features of road infrastructure

All design components including acceleration and deceleration lanes, bus set down bays, internal roads, pedestrian crossings, roundabouts and cycle lanes shall be provided in accordance with AGRD and other relevant standards to the satisfaction of Council. Concepts, as shown, are not shown to standard and it is therefore difficult to determine feasibility.

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Issue Council Officer comments on material provided and following

Peer review Traffic Generation Traffic Generation rates have been reduced for co-use purposes

The applicant has not provided any substantiation of a reduction in traffic generation rates over the rates stated in the RTA guide.

Parking Rates Parking rates used have been reduced for sharing between uses.

The applicant has not provided evidence that reduced parking rates are applicable for this site, given that the reduction in rates proposed is advised against in the RTA guide.

Other related Approvals Two other significant approvals have been issued in close proximity to the application site both of which provide for Local Centre type uses for the foreseeable future and prior to the Mount Peter area expansion. These are summarised as follows: a. Court Order 61 of 1997 This Court Order formed the basis for the designation of the 1ha Local Centre site

shown 700m west of the subject land. b. Development Approval 8/8/969 – on Bruce Highway junction 100m north-east of

subject site. This approval provides for Fuel and Convenience (ancillary retail); Restaurants; and a Tourist Information Centre (ancillary retail).

Public Notification / Submissions The proposed development was publicly notified in accordance with the requirements of Integrated Planning Act 1997. 139 Properly made submissions were received (133 for and 6 against) relating to the proposal. A large proportion of the submissions in support for the proposal were copies of the “pro forma” submission provide by the applicant company as discussed below. Twenty four (24) late Submissions against the development were received after the submissions closing date. A 322 signature petition against the proposal was also received after the closing date for submissions. The 139 properly made submissions are summarised and addressed below: A lengthy submission against the proposal was received from the Gordonvale Chamber of Commerce. The key features of that submission are included in the summary below.

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Submission The applicants held an “open day” in the locality of the proposal prior to the completion of the notification period. Attendees at the open day were provided with a “pro-forma” submission letter that noted the following: “Development Permit for Preliminary Approval for a Material Change of Use Overriding the Planning Scheme to adopt use rights consistent partly with the ‘Local Centre’ Planning Area, proposed Plans of Development and a site specific Table of Assessment, and partly with the commercial Planning Area under the CairnsPlan 2009, on land currently described as part of Lot 46 on SP204562, Lot 8 on SPI 80032 and Lot 7 on SP2OI 306. The key features of the development proposed form part of the requested Preliminary Approval and include a supermarket (3,200m²), future expansion of the supermarket (600m²), retail shops (1 385m²), service station (80m²), licensed kiosk and fast food outlets (655m²) and ancillary uses. I write to lodge my support for the Woolworths Gordonvale West Neighbourhood Shopping Centre Development Application.” The submitters were also provided with the opportunity to tick the following list of aspects of the proposal they supported: “A full range Woolworths Supermarket New shops/cafes and dining venues On-grade car parking Woolworths Petrol Station Fast food shops A precinct for offices and commercial services” Officer Comment This pro-forma submission constituted a statement of facts of what the application constitutes together with an acknowledgement of support. Submission It will destroy the existing Gordonvale shopping centre precinct between Norman and George Streets and those businesses around Norman Park. Gordonvale is not big enough for another shopping centre, even if the population grows through development because shopping centres are planned for those new areas. This development will make Gordonvale just another residential suburb with no country charm and a divided community. The existing businesses would suffer and our town centre would wither, stagnate and lose its sugar heritage charm. Officer Comment In order to validate conclusions from the applicant that Gordonvale can sustain another shopping centre Council commissioned a peer review of the submitted Economic Impact Assessment report. Outcomes of this peer review are included in this report. Councils Peer review supports the contentions in this submission.

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Submission The proposal is fundamentally inconsistent with the higher order planning documents for the area, the draft and final Far North Queensland Regional Plans. In addition, the development is incompatible with the provisions of CairnsPlan 2009 both at a strategic level and also at a code level. The proposal would substantially disrupt the retail hierarchy, with potential severe detriment to the existing Gordonvale district centre and also to the future planning and development of the Mount Peter area. Further, there is an existing Court approved rezoning, of appropriate scale, in the immediate vicinity. For the reasons outlined in this submission, the proposal should be rejected. Officer Comment: Comments relating to the abovementioned items are contained within the report. The thrust of the above report supports the contentions contained within this submission. Submission Gordonvale has sufficient zoned land to accommodate growth and this provision supports the importance of any centres close to the Mount Peter area to not pre-empt development within the Mount Peter area. In fact the 1998 Court-approved rezoning permitting a development of up to 1000m² in the vicinity of the proposal would be an appropriate local centre that would avoid challenging this dominance. Further, the size of the proposed development would strongly challenge the viability of the existing Gordonvale centre. Officer Comment Officers are in agreement with the thrust of this submission (see above report). Referrals The development application was referred to the Department of Main Roads and Queensland Transport (Now Department of Transport and Main Roads) as Concurrence Agencies and the Department of Infrastructure and Planning (now Department of Local Government and Planning) as an Advice Agency. Responses are included as Appendices 2 and 3. A summary of the responses follows: a. Concurrence Agency response and Conditions – Department of Transport and

Main Roads This agency did not oppose the proposal and has provided approval conditions relating to the provision of access, landscaping, visual amenity/screening, drainage, acoustic treatment, advertising and parking. b. Advice Agency Comments – Department of Infrastructure and Planning (DLGP).

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This agency has pointed out that “Unless sufficient planning grounds can be demonstrated to justify an approval, the application should be refused” DLGP Also noted the following in their submission: a. The existing centre in Gordonvale is identified as a District Centre in CairnsPlan.

The impacts of the proposal on the current and future role and function of the Gordonvale District Centre should be assessed. DIP notes that Councils 2010-11 Operational Plan identifies an action to prepare a local area plan for Gordonvale by June 2011.

b. Council is requested to also satisfy itself that there is genuine need for the

development in the district catchment and whether other approvals, developments and existing uses can meet those needs. As Council would be aware, a local centre was recently approved for development across the highway from the Quarterback site (on land bounded by Draper Road, Cairns Road and Bruce Highway CRC Reference 8/8/1120). There is also a small local centre approved within the Nelson’s Crossing development (Court Order 61 of 1997 and 8/13/530) off Draper Road.

c. Centre vitality and viability can be facilitated by avoiding competition between

lower and higher order centres, and at a finer scale, by avoiding out-of-centre development. FNQ2O31 Land use policy 4;26 states that centre activities are encouraged within regional activity centres and should only occur outside of such centres where;

(a) there is a demonstrated public need and sound economic justification (b) there are no alternative sites in-centre (c) there would not be an adverse impact upon the functionality of surrounding

centres, infrastructure delivery, traffic congestion, and amenity of any adjoining residential areas

(d) the site is readily accessible by a range of transport modes including public transport (where available), walking and cycling.

DIP is very concerned that the proposed centre will have an adverse impact upon the functionality of surrounding centres, particularly the existing and thrum Gordonvale district centre. d. The existing centre of Gordonvale is the District Centre in CairnsPlan, and the

District Regional Activity Centre in FNQ2O31. DIP is very concerned that this proposal, in Gordonvale west, amounts to a district centre not a local centre. A District Centre in this location is inconsistent with the regional activity centre network in FNQ2O31.

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Planning Principles The thrust of the above report has been to examine the broad overall principles relating to the location and extent of the application rather than focus on the internal details of the proposal. There is now a substantial body of planning knowledge both in Australia and overseas regarding the location of shopping centres. Recent trends in location of centres of this nature have focussed on applicants seeking cheaper “out of centre” land in an attempt to seek sites that are largely unconstrained by existing land tenure, lot size, heritage areas and the like. As a consequence the only constraint becomes the inappropriate (but legal) zoning of the land being sought. Overseas planning trends have moved towards national legislation that controls where supermarkets and shopping centres are to be located with an emphasis on ensuring such centres do not impact on the social, retail, and cultural make up of existing town centres. Smaller communities with a high propensity for local business ownership rely heavily on these existing businesses to support the social, cultural and sporting activities of the townships. Overseas (Britain and Ireland in particular) planning authorities introduced “sequential testing” for the location of shopping centres. Sequential testing involved examining the three general locational choices for shopping centres i.e. In-centre, centre – fringe, and out of centre. In the overseas examples developers were required to demonstrate at economic, social and cultural levels why an out of centre shopping centre could not be feasibly located in-centre or on the fringes of an existing centre. There is also evidence to suggest that out of centre shopping centres reinforce existing social, cultural and economic divides that might already exist in a community and such divides are reinforced where the key means of access to an out of centre shopping centre is by motor vehicle. The subject proposal poses the risk that the existing geographical and social divide that exists between the east and west areas of Gordonvale already reinforced by the location of the Bruce Highway may be further reinforced by the placing of this relatively large centre in the west area that largely contains a homogenous cross section of the local population. Similar developments in other Australian towns and cities (e.g. Ipswich, Coffs Harbour, and Castlemaine) have had significant negative impacts on the viability of existing town centres that have taken many years to overcome, often at the expense of ratepayers. The applicants have emphasised the potential for employment and retail benefits that might arise from the development. However those benefits need to be weighed up against the potential, social, employment and economic costs that may occur in the existing Gordonvale District Centre. The Economic Impact peer review commissioned by Council (Attached Appendix 3) supports this contention.

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Summary & Conclusion The preceding report highlights the many parts of the relevant statutory documents that the proposal does not meet and as a consequence the proposal cannot be recommended for approval. The report and attached peer review also highlight the economic (and consequential social) reasons why the proposal should not be located where proposed. Officers consider the effort and expense involved in trying to establish the proposal in the current location would be better directed towards a more cooperative approach to development in the existing Gordonvale District Centre to assist in injecting vitality and viability into that centre Further, and more seriously, Council must remain vigilant and consistent in how it addresses the raft of existing planning and statutory work that has already been invested in the locality, e.g. Mt Peter Master Planning, CairnsPlan, previous Court Orders, other planning approvals. Approval of the subject application would nullify all of those previous bodies of work in terms of intent and cots incurred. Gary Warner Planning Officer Action Officer Kelly Reaston Manager Development Assessment

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APPENDIX 1 – APPLICATION PLAN(S) & DOCUMENT(S) SITE PLAN

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RETAIL GROUND FLOOR PLAN

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RETAIL ELEVATIONS

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PROPOSED DEVELOPMENT PERSPECTIVE A

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PROPOSED DEVELOPMENT PERSPECTIVE B

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APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS DEPARTMENT OF TRANSPORT AND MAIN ROADS

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APPENDIX 2 ADVICE AGENCY COMMENTS – DEPARTMENT OF INFRASTRUCTURE AND PLANNING (DLGP)

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APPENDIX 3 SUPPORTING INFORMATION TO PLANNING REPORT Diagram 1 – Proposed and Existing Local Centre Locations

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Peer Review of Economic Impact Assessment – Norling Consulting Pty Ltd –

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