negotiated decision for material change of use retirement ... · negotiated decision for material...

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Agenda – Ordinary Meeting 2/9/09 - #2187318

ORDINARY MEETING

2 SEPTEMBER 2009

18 NEGOTIATED DECISION FOR MATERIAL CHANGE OF USE RETIREMENT VILLAGE – 40-48 PROGRESS ROAD WHITE ROCK – DIVISION 3 L Jackson : 8/8/1021 : #2143921 PROPOSAL: NEGOTIATED DECISION REQUEST – RETIREMENT VILLAGE APPLICANT: INNOVATIVE CARE PTY LTD (TTE) C/- PROJEX NORTH T/A PRP PLANNING PO BOX 4751 CAIRNS QLD 4870 LOCATION: 40-48 PROGRESS ROAD WHITE ROCK 4868 PROPERTY: LOT 221 ON N1861 PLANNING DISTRICT: WHITE ROCK EDMONTON PLANNING AREA: RESIDENTIAL 2 PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: ENVIRONMENT & RESOURCE MANAGEMENT

(FORMERLY DEPARTMENT OF NATURAL RESOURCES & WATER)

TRANSPORT & MAIN ROADS (FORMERLY DEPARTMENT OF MAIN ROADS)

TRANSPORT & MAIN ROADS (FORMERLY QUEENSLAND TRANSPORT

NUMBER OF SUBMITTERS: NONE STATUTORY ASSESSMENT DEADLINE: NA APPLICATION DATE: 23/06/2009 DIVISION: 3 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. DEVELOPER CONTRIBUTION CALCULATIONS 4. SUPPORTING INFORMATION

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LOCALITY PLAN

RECOMMENDATION: That Council issue a Negotiated Decision in relation to a Material Change of Use for Retirement Village over land described as Lot 221 on N1861, located at 40 – 48 Progress Road, White Rock, subject to the following: 1. That Condition 5 – Road Network Contributions is retained in full. 2. That Condition 12 – Water Supply and Sewerage Works is retained in full. 3. That Condition 14 – Developer Credits for the Construction of Trunk Infrastructure is retained in full. 4. That Condition 15 – Sewer Easement is retained in full. 5. That Condition 24 – Bicycle Parking is amended to read as follows: Bicycle Parking 24. Provide a minimum of 5 secured, on-site bicycle parking spaces to the

development. in accordance with Table 10-1 of AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking spaces required for this development is 17 spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Subject Site

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6. That Condition 30 – Acid Sulfate Soil Investigation is deleted. 7. That Condition 31 – Construction Access is deleted. 8. That Condition 36 – Wildlife is amended to read as follows: Wildlife 36. Prior to removal of any tree, an inspection must be carried out for any signs

of protected wildlife including nests and animal habitat. Should any recent wildlife activity be identified, removal of the tree must not occur until the animal has vacated the area of immediate danger. If the animal does not move from the area of danger, the Queensland Parks and Wildlife Services must be contacted for advice. Important habitat trees should be retained wherever possible.

The wallabies at the site are to be removed or relocated from the site in an appropriate manner in accordance with the requirements of the Queensland Parks and Wildlife Services (QPWS). The applicant is to provide evidence to Council of the methods chosen to remove/relocate the wallabies and that such methods have been endorsed by QPWS. The wallabies must be removed/relocated from the site prior to the commencement of the development and temporary fencing is to be erected during the construction phase that prevents the wallabies re-entering the site. All such work must be supervised by and carried out in accordance with the requirements of - and to the satisfaction of - the QPWS.

9. All other conditions of Development Permit 8/8/1021- 01 dated 1 June 2009

remain unchanged. EXECUTIVE SUMMARY: An application has been received for a Negotiated Decision of a Development Application approved in May 2009 for Material Change of Use for a Retirement Village. Assessment of this request reveals the Bicycle Parking condition and Wildlife condition can be altered, the Acid Sulfate Condition and the Construction Access condition can be deleted and all other conditions must remain unaltered. The conditions which the applicant requested to be varied or deleted are Condition 5 – Road Network Contributions, Condition 12 – Water Supply and Sewerage Works External, Condition 14 – Developer Credits for the Construction of Trunk Infrastructure, Condition 15 – Sewer Easement, Condition 24 – Bicycle Parking, Condition 30 – Acid Sulfate Soil Investigation, Condition 31 – Construction Access and Condition 36 – Wildlife. PLANNING CONSIDERATIONS: Background On the 27 May 2009 Council approved the development application for a 120 bed Retirement Village at the site.

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The applicant has requested a negotiated decision seeking either the deletion of conditions or alterations to conditions. Applicant’s request – Condition 5 The applicant requests that this condition be altered to reduce the contribution. The condition currently reads as follows:

Road Network Contributions 5. Pay a monetary contribution to Council in accordance with the Planning Scheme

Policy towards the provision and upgrading of the road network. Contributions must be paid at the rates applicable at time of payment. On the

present method of calculation, the contributions are $125,734.31 (23 ERAs). Payment is required prior issue of a Development Permit for Building Work. The applicant contends that the nature of the proposed use generates very little vehicular traffic relative to its scale and therefore the level of contribution should be reduced. Officer Comment It is understood that the residents of the Retirement Village are unlikely to make a high amount of vehicle trips per day. This is factored into the contributions charges for Retirement Villages which are much lower on a comparative level to other Residential uses. It should be recognized that the proposed development will have a total of 120 beds and is therefore likely to have significant visitation by family members and friends. Additional to this the site has significant staffing levels. All of these people will use the surrounding road network throughout Cairns and therefore the charge is not unreasonable. It is noted that this charge is applied consistently across the Council for all Retirement Villages. The contribution can therefore not be reduced. Applicant’s request – Condition 12 The applicant requests that Condition 12 (c) be deleted. The condition currently reads as follows: Water Supply and Sewerage Works External 12. The applicant/owner must undertake water supply and sewerage works external to

the site to connect the subject land to Council’s existing water supply and sewerage infrastructure, in particular:-

a. The applicant/owner must carry out sewerage works to connect the subject

land to Council’s sewerage infrastructure. The applicant must liaise with Water and Waste regarding the status of the design and projected timeframe for construction of the proposed sewerage scheme;

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b. Augment existing water supply infrastructure to the extent necessary such that the development does not adversely affect the water supply to adjacent properties and such that a water service connection can be provided at the lot frontage;

c. Construct a 100 mm water main along Fretwell Road to the eastern side of

the proposed access road and along the proposed access road to the boundary of adjoining Lot 220 on NR4033.

d. Where sewer works are contained in adjoining property, obtain the written

approval from the relevant property owners. The applicant contends that condition 12 (c) should be deleted as the water main in question is not required to serve the proposed development. Officer Comment Water and Waste provided the following comments with respect to this issue: Providing water mains in the road frontages to a development is reasonable given that it will augment the existing water supply reticulation network to cater mutually for the increased demands placed on the network by this development and development more broadly. In addition, the provision of a reticulation main in Fretwell Road and the proposed access road is consistent with the development manual for provision of water reticulation in any road-way. As a minimum - such mains that interconnect the local area reticulation network are mutually beneficial to all developments within an area and will mitigate any adverse impacts this development will have on pressures and supply in the surrounding reticulation area. The interconnectivity of the reticulation network will also aid security of supply and network efficiency. At this stage the applicant has not demonstrated the development will not worsen the pressure and water supply to neighbouring properties nor assessed if any upgrade to reticulation and trunk mains in the network supplying the development is required. In the opinion of Water and Waste this condition is considered reasonable and relevant and should remain until such time that sufficient information is submitted to warrant its alteration or removal. Applicant’s request – Condition 14 The applicant requests that the Condition be amended. Condition 14 reads as follows: Developer Credits for the Construction of Trunk Infrastructure 14. The cost of constructing Trunk Infrastructure must be agreed to by the Chief

Executive Officer prior to the issue of a Development Permit for Operational Works to construct the infrastructure. All trunk infrastructure, headworks or otherwise is subject to the applicant/owner entering into an infrastructure agreement with Council prior to commencement of detailed design.

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Design and construction of trunk water and/or sewer infrastructure can be claimed

against applicable water and sewerage contributions in accordance with Council’s Headworks Policy.

The agreement shall document the terms and conditions under which the

infrastructure is to be built and how and when the applicant/owner is financially reimbursed.

The applicant requests that the condition be amended so that the developer can also receive credits for the provision of road infrastructure (namely the access road) and that this can be claimed against the road network contribution by Condition 5. Officer Comment The Policy with respect to Road Network Contributions enables contributions to be credited towards roads that are Network Roads only. As the proposed roads to be constructed by the developer are not Network Roads, no credit can be given. Applicant’s request – Condition 15 The applicant requests that this condition should be deleted. The condition reads as follows: Sewer Easement 15. Create an easement in favour of Council having a nominal width of 3 metres over

any proposed sewer that will be owned by Council within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval by Council's solicitors at no cost to Council.

The approved easement documents must be submitted at the same time as

seeking approval and dating of the Building Format Plan and must be lodged and registered with the Department of Natural Resources and Water in conjunction with the Plan of Survey.

The applicant states that the condition is unreasonable and provides the following commentary. Sewers are protected by the application of the relevant legislation. There are literally thousands of kilometres of sewer installed without easements and Council is creating several more kilometres of sewer without easements every year in ordinary subdivisions. It is unjustified, unreasonable and an unnecessary cost and encumbrance on the land. This condition should be deleted. Officer Comment Water and Waste provided the following comments with respect to this issue: Contrary to the applicant’s assertion, current legislation does not provide Council with appropriate rights to private land that may have existed previously.

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The creation of an easement is beneficial to both Council and the property owner to formalise tenure over the sewer whilst retaining certain use rights over the land by the property owner. This condition is to remain. Applicant’s request – Condition 24 The applicant requests that the condition be amended to reduce the number of bicycle spaces. The condition reads as follows: Bicycle Parking 24. Provide secured, on-site bicycle parking in accordance with Table 10-1 of

AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking spaces required for this development is 17 spaces. The bicycle parking area must be constructed prior to Commencement of Use.

The applicant contends that the number of bike spaces required is excessive taking into account the employed staff at the centre. Elderly residents do not require bike parking. The level of provision should be reduced. Officer Comment It is noted that the rate of parking is based on 1 space per 60 beds for visitors and 1 space per 7 beds for employees and residents. The total requirement at these rates is 20 spaces. In requiring 17 spaces, the Council has already reduced the amount necessary. Notwithstanding this, it is considered that the applicant has a valid point. It is unlikely that such a high number of spaces would be used by the residents. It is therefore considered reasonable to reduce the amount of bike parking to 5 spaces which would cater for two staff, two residents and one visitor. It is recommended therefore that the condition be altered to reflect this. Applicant’s request – Condition 30 The applicant requests that this condition should be deleted. The condition reads as follows: Acid Sulfate Soil Investigation 30. Undertake an Acid Sulfate Soil investigation in the area to be affected by this

development. Soil sampling and analysis must be undertaken in accordance with procedures specified in, ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) or updated version of document produced by Department of Natural Resources and Water (DNRW – QASSIT), and State Planning Policy 2/02 - ‘Planning and Managing Development involving Acid Sulfate Soils’. The results of this investigation must be submitted to Council for approval prior to any earthworks or clearing being commenced on the site.

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Identification of soils with a pyrite content in excess of the action levels nominated

in the latest version of DNRW – QASSIT: ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) will trigger the requirement for preparation of an Acid Sulfate Soil Environmental Management Plan in accordance with the most recent requirements of the DNRW: ‘Queensland Acid Sulfate Soil Technical Manual’ (2002) including Soil Management Guidelines (updated Feb. 2003) which must be prepared to the satisfaction of the Chief Executive Officer.

The applicant states that the condition should be deleted. The ground level of the site and associated excavators are above AHD level where ASS or Pass may occur. The cost of testing is an unnecessary and unjustified burden on the applicant. Officer Comment The site is located within the area on Council’s mapping system as being potentially affected by acid sulphate soils. Despite this it is noted that the applicant is not undertaking significant earthworks that would penetrate significantly into the ground. All the buildings are single storey and the site does not require significant fill or excavation. It is considered reasonable that this requirement be deleted. Applicant’s request – Condition 31 The applicant requests that this condition should be deleted. The condition reads as follows: Construction Access 31. Vehicular access to the site for construction and demolition purposes must be

provided from Fretwell Road only, unless authorised by the Chief Executive Officer.

The applicant states that the condition should be removed on the grounds that safe vehicular access for construction works can also be provided from Progress Road, utilising the existing site access. Officer Comment Progress Road is intermittently busy at times. It is acknowledged that access to the site is presently from Progress Road. Given that much of the development of the site will be accessed from Fretwell Road and access to the site during construction is likely to be less frequent from Progress Road, it is considered that this is not an unreasonable request. The condition can be deleted. Applicant’s request – Condition 36 The applicant requests that this condition should be deleted. The condition reads as follows:

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Wildlife 36. Prior to removal of any tree, an inspection must be carried out for any signs of

protected wildlife including nests and animal habitat. Should any recent wildlife activity be identified, removal of the tree must not occur until the animal has vacated the area of immediate danger. If the animal does not move from the area of danger, the Queensland Parks and Wildlife Services must be contacted for advice. Important habitat trees should be retained wherever possible.

The wallabies at the site are to be removed or relocated from the site in an

appropriate manner in accordance with the requirements of the Queensland Parks and Wildlife Services (QPWS). The applicant is to provide evidence to Council of the methods chosen to remove/relocate the wallabies and that such methods have been endorsed by QPWS.

The wallabies must be removed/relocated from the site prior to the commencement

of the development and temporary fencing is to be erected during the construction phase that prevents the wallabies re-entering the site. All such work must be supervised by and carried out in accordance with the requirements of - and to the satisfaction of - the QPWS.

The applicant requests that the first paragraph of the condition be deleted. There is no indication that there are any animal habitats existing on the site that are of acknowledged importance. Officer Comment This request is reasonable. There are virtually no trees on the site. Luke Jackson Planning Officer Action Officer Simon Clarke Manager Development Assessment

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

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APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 3 DEVELOPER CONTRIBUTION CALCULATIONS

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APPENDIX 4: STORMWATER DRAINAGE MASTER PLAN

negotiated decision for material change of use retirement ... · negotiated decision for material...

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