open section - city of darwin

OPEN SECTION PAGE TP7/1


Reports, recommendations and supporting documentation can be accessed via the Darwin City Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact Linda Elmer on (08) 89300 670.

DARWIN CITY COUNCIL TOWN PLANNING COMMITTEE

WEDNESDAY 7 JULY 2010 MEMBERS: Member H I Galton (Chairman); The Right Worshipful, Lord Mayor, Mr G

R Sawyer; Member J D Bailey; Member R T Dee; Member R K Elix; Member R M Knox; Member G A Lambert; Member R Lesley; Member F P Marrone; Member A R Mitchell; Member K M Moir; Member J L Sangster; Member H D Sjoberg.

OFFICERS: Chief Executive Officer, Mr B Dowd; General Manager Infrastructure, Mr

L Cercarelli; Strategic Town Planner, Miss C Robson; Executive Officer, Miss A Smit.

Enquiries and/or Apologies: Arweena Smit E-mail: [email protected] - PH: 89300 685 Committee's Responsibilities The Council assigns the following functions to the Committee for the purpose of consideration and decisions as follows: * All Development Applications referred from the Development Consent Authority * All Town Planning related matters referred from the NT Government * Town Planning Strategy, Policies and Procedures * Development Application and Town Planning Matters referred to Council from Developers, Community Groups and Individuals * Signage Applications, Policies and Procedures * Liquor Licence Applications * * * I N D E X * * * PAGE 1 MEETING DECLARED OPEN .......................................................................4 2 APOLOGIES AND LEAVE OF ABSENCE ....................................................4 3 ELECTED MEMBERS CONFLICT OF INTEREST DECLARATION .............5

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4 CONFIDENTIAL ITEMS .................................................................................5 5 WITHDRAWAL OF ITEMS FOR DISCUSSION .............................................5 6 CONFIRMATION OF MINUTES PERTAINING TO THE PREVIOUS TOWN PLANNING COMMITTEE MEETING ..............................6 7 BUSINESS ARISING FROM THE MINUTES PERTAINING TO THE PREVIOUS TOWN PLANNING COMMITTEE MEETING 7 Business Arising ............................................................................................6 8 DEVELOPMENT APPLICATIONS .................................................................6 9 GENERAL TOWN PLANNING REPORTS ....................................................6 10 OFFICERS REPORTS 10.1 Planning Scheme Amendment PA2010/0417 Lot 9327 (125) Dick Ward Drive Coconut Grove, Town of Nightcliff Proposed Amendment Rezone from SD24 (Specific Use Zone Darwin No 24) to a New Specific Use Zone to Enable the Development of an Integrated Residential Estate Containing 16 Multiple Dwellings. ....................................7 10.2 Lots 6571 – 6576 (1) Manunda Terrace and 30 -38 Kalymnos Drive Karama Town of Sanderson Proposed Development 60x1 and 60x2 Bedroom Multiple Dwellings in a 2x3 and 4x4 Storey Buildings including Ground Level Car Parking Area .....................................17 10.3 Lot 5953 (6) Carey Street Darwin City Town of Darwin Proposed

Development: 79x1, 79x2 and 9x3 Bedroom Multiple Dwellings in a 24 Storey Building including a Restaurant at level 15 plus 5 Storeys

of Basement Car Parking..............................................................................34 10.4 Lot 5182 (213) Dick Ward Drive, Ludmilla, Town Of Darwin –

Proposed Development - Amendment to the NT Planning Scheme to Rezone from Zone RD (Restricted Development) and Zone CL (Community Living) to Three Distinct Specific Use Zones for the purpose of Facilitating a Light Industrial/ Service Commercial Estate .......................................................................................45

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10 OFFICERS REPORTS 10.5 Sign Application - Temporary Real Estate Signs Berrimah Business Park Portion 2235 (651) Stuart Highway, Berrimah.......................58 10.6 Section 4255 Proposed Section 5184 (99 – 105) Fitzmaurice Drive

Leanyer Proposed Development Subdivision and Consolidation to Create 2 Lots ................................................................................................66

10.7 Sign Application – United Petroleum Lot 3434 (103) Smith Street, Darwin.....................................................................................71 10.8 Alfresco Covered Dining Deck over Council Road Reserve – Bogart’s Lot 6646 (52) Gregory Street, Parap ............................................................87 11 INFORMATION ITEMS 11.1 Minutes of the Development Consent Authority Meeting – Friday, 7 May 2010 and Friday, 27 May 2010 ........................................................109 11.2 Various Letters sent to Development Assessment Services under Delegated Authority ....................................................................................110 12 GENERAL BUSINESS...............................................................................170

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OPEN SECTION PAGE TP7/4 Town Planning Committee Meeting – Wednesday, 7 July 2010


1 MEETING DECLARED OPEN 2 APOLOGIES AND LEAVE OF ABSENCE 2.1 Apologies 2.2 Leave of Absence Granted A. THAT it be noted that Member R K Elix is an apology due to a Leave of Absence

being previously granted on 26 June 2010 for the period 26 June 2010 to 14 July 2010.

B. THAT it be noted that Member J D Bailey is an apology due to a Leave of Absence

being previously granted on 26 June 2010 for the period 7 – 17 July 2010. C. THAT it be noted that Member R M Knox is an apology due to a Leave of Absence

being previously granted on 25 May 2010 for the period 26 June 2010 to 11 July 2010.

D. THAT it be noted that Member J L Sangster is an apology due to a Leave of

Absence being previously granted on 29 June 2010 for the period 6 - 12 July 2010. DECISION NO.20\() (07/07/10)

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3 ELECTED MEMBERS CONFLICT OF INTEREST DECLARATION 4 CONFIDENTIAL ITEMS Nil 5 WITHDRAWAL OF ITEMS FOR DISCUSSION 5.1 Items Withdrawn by Staff COMMITTEE’S DECISION THAT the Committee resolve under delegated authority that the following items withdrawn by staff as Items of Significance, be considered: …… DECISION NO.20\() (07/07/10) 5.2 Items Withdrawn by Members COMMITTEE’S DECISION THAT the Committee resolve under delegated authority that Information Items and Officers Reports to the Town Planning Committee Meeting held Wednesday, 7 July 2010, be received and all recommendations contained therein be adopted by general consent with the exception of Item Numbers: ……. DECISION NO.20\() (07/07/10)

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6 CONFIRMATION OF MINUTES PERTAINING TO THE PREVIOUS TOWN PLANNING COMMITTEE MEETING

COMMITTEE’S DECISION THAT the Committee resolve that the minutes of the previous Town Planning Committee Meeting held on Wednesday, 2 June 2010, tabled by the Chairman, be confirmed. DECISION NO.20\() (07/07/10) 7 BUSINESS ARISING FROM THE MINUTES PERTAINING TO THE

PREVIOUS TOWN PLANNING COMMITTEE MEETING 7.1 Business Arising 8 DEVELOPMENT APPLICATIONS Nil 9 GENERAL TOWN PLANNING REPORTS Nil

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ENCL: Yes

DARWIN CITY COUNCIL DATE: 14/05/2010

REPORT TO: TOWN PLANNING COMMITTEE MEETING

OPEN B

APPROVED: CR

FROM: GENERAL MANAGER INFRASTRUCTURE APPROVED: DL REPORT NO:

10TS0100 CR:sv APPROVED: LC

COMMON NO:

1795157

SUBJECT: PLANNING SCHEME AMENDMENT PA2010/0417 LOT 9327 (125)

DICK WARD DRIVE COCONUT GROVE TOWN OF NIGHTCLIFF PROPOSED AMENDMENT REZONE FROM SD24 (SPECIFIC USE ZONE DARWIN NO 24) TO A NEW SPECIFIC USE ZONE TO ENABLE THE DEVELOPMENT OF AN INTEGRATED RESIDENTIAL ESTATE CONTAINING 16 MULTIPLE DWELLINGS

ITEM NO: 10.1 SYNOPSIS: A Development Application for Lot 9237 (125) Dick Ward Drive, Coconut Grove, has been referred to Council for comment pursuant to Section 48 of the Planning Act. The following report addresses relevant Council issues and recommends that Council endorse comments provided to the Development Consent Authority by staff. GENERAL: Applicant: June D’Rozario Zone: SD 24(Specific Uses) Zone Area: 706.30 2m Proposal: Rezone the subject land from SD 24 to a Specific Use zone for the purpose of facilitating the development of 16 multiple dwellings on the site (Refer to Attachment A). Site and Surrounds The subject site is identified as Lot 9327 Town of Darwin, Coconut Grove and is currently zoned SD24 under the NT Planning Scheme. The current zoning facilitates the subdivision of the land as a residential estate into a maximum of 8 lots, which may include lots for single dwellings and up to 4 multiple dwellings. All dwellings are to be single storey.

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PAGE: 2 REPORT NO: 10TS0100 RB:sv SUBJECT: PLANNING SCHEME AMENDMENT PA2010/0417 LOT 9327 (125) DICK WARD

DRIVE COCONUT GROVE TOWN OF NIGHTCLIFF PROPOSED DEVELOPMENT REZONE FROM SD24 (SPECIFIC USE ZONE DARWIN NO 24) TO A NEW SPECIFIC USE ZONE TO ENABLE THE DEVELOPMENT OF AN INTEGRATED RESIDENTIAL ESTATE CONTAINING 16 MULTIPLE DWELLINGS

The site is a rectangular shaped lot facing Dick Ward Drive, its current improvements include a single dwelling located near the centre of the lot. Surrounding development includes a range of residential uses, with predominantly medium and multiple density dwellings to the north and west, and single dwellings and rural residential to the south and east of the site. The subject land is constrained by Australian Noise Exposure Forecast (ANEF) contours, which restrict the development potential of the land. The site is within the 20 to 25 ANEF contour range and in accordance with AS2021 can conditionally accommodate residential development, subject to appropriate noise attenuation measures. The site is subject to primary and secondary storm surge during extreme weather events. Proposal The proposal seeks to establish a framework to develop the subject land. The current zoning allows for up to 10 dwellings to be located on 8 lots (4 multiple dwellings), the proposal seeks to increase the number of dwellings on the site to 16 and remove any explicit reference to the number of lots the land may be subdivided into. The proposed amendment to the zoning retains existing requirements relating to aircraft noise mitigation measures for the dwellings in accordance with AS2021. The proposed zone also retains requirements relating to the minimum finished floor level of habitable rooms of a dwelling above the primary storm surge level. The indicative plans submitted with the application indicate the proposed zoning changes could accommodate 16 detached dwellings on the site. Access to the dwellings would be via a private internal loop road and double crossover to Dick Ward Drive. The indicative plans do not indicate a central rubbish bin collection point, nor do they indicate if the internal circulation is adequate to accommodate the access requirements of council rubbish trucks. Matters to be taken into account (pursuant to Section 51 of the NT Planning Act 1999): Northern Territory Planning Scheme: The proposed development is in the SD 24 zone, and requires consent to amend the zone. Environmental Constraints The site is subject to a number of environmental constraints which prevent development of the land. The site is located within the Primary and Secondary Storm

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Surge areas. Without significant mitigation measures being put in place, storm surge is likely to have a devastating effect. Council is not in a position to be able to assess or propose a method to remedy the effects of storm surge. Council will not support a development within a designated storm surge zone given the potentially devastating outcome. The application proposes that any habitable room developed within the zone have a finished floor level at least 300mm above the primary storm surge level. However, this does not take into account the effects of climate change on rising sea levels ANEF Exposure The site is subject to Aircraft Noise Exposure Forecast contours, which protects both the operations of the Darwin International Airport and any unreasonable noise impacts on future residents. While the development of the site can be accommodated within the currently proposed Aircraft Noise Exposure Forecast (ANEF) contours, any future amendments to the ANEF contours may impose a higher level of impact from aircraft noise than what is permitted under AS2021. As discussed above, the proposed zoning will require dwellings to incorporate appropriate aircraft noise mitigation measures. Disability Discrimination Legislation: Disability Discrimination Act issues are addressed under the Building Act requirements. Council places a statement of support for equal opportunity on all responses. Council Issues: Traffic A T-Junction intersection is located opposite the site, with a turning lane directly in front of the site. The proposed development will generate an increased number of traffic movements attempting to turn right across this turning lane. To avoid traffic conflict, it is recommended that the traffic access and egress to the subject site be limited. Comments provided to the consent authority by Council staff request that a traffic impact report be prepared for the site and that the proposed access to the site be limited to ‘left-in’ left-out’ access only. These requirements will come into effect at such time that the applicant wishes to develop the land in accordance with the zone. Stormwater Drainage Council staff have requested that the proposed zoning includes a statement requiring stormwater drainage infrastructure be designed and constructed in accordance with council’s Subdivision and Design Guidelines.

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FINANCIAL IMPLICATIONS: Nil.

STRATEGIC PLAN IMPLICATIONS: The issues addressed in this Report are in accordance with the following Goals/Strategies of the Darwin City Council 2008 – 2012 as outlined in the ‘Evolving Darwin Strategic Directions: Towards 2020 and Beyond’:- Goal 1: Achieve Effective Partnerships and Engage in Collaborative

Relationships

Outcome 1.1 Improve relations with all levels of Government Key Strategies 1.1.4 Play a strategic role in the planning and developmental processes that impact

Darwin 1.1.5 Influence Government and developers to develop sustainable projects which

reflect Darwin’s lifestyle Outcome 1.2 Effectively engage with Community Key Strategies 1.2.1 Increase involvement of the Business Community for developing solutions to

local issues Goal 2: Enhance Darwin’s Active, Positive and Flexible Lifestyle Outcome 2.1 Improve urban enhancement around Darwin Key Strategies 2.1.1 Manage and maintain the municipal landscaping and infrastructure to a

standard that meets community needs 2.1.4 Provide a clean and liveable municipality Goal 3: Assist Individuals and the Community Stay Connected with the

Darwin Region Outcome 3.1 Promote the use of public spaces Key Strategies 3.1.1 Enhance public spaces and encourage greater use by the community Outcome 3.2 Enhance transport Key Strategies 3.2.1 Review transport and parking needs systems 3.2.4 Provide parking facilities and management systems which meet the needs of

the community.

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Goal 4: Create and Maintain an Environmentally Sustainable City Outcome 4.2 Improve water conservation Key Strategies 4.2.2 Manage and maintain Council’s storm water management system. LEGAL IMPLICATIONS: This item is not considered "Confidential". PUBLIC RELATIONS IMPLICATIONS: Not Assessed. COMMUNITY SAFETY IMPLICATIONS: Not Assessed. DELEGATION: To the Chief Executive Officer to provide standard Development Permit conditions as appropriate. CONSULTATION: Through the Development Application statutory process. PROPOSED PUBLIC CONSULTATION PROCESS: Nil APPROPRIATE SIGNAGE: Not Applicable.

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RECOMMENDATIONS: THAT the Committee resolve under delegated authority:- A THAT Report Number 10TS0100 RB:sv entitled Lot 9737 (125) Dick Ward

Drive Coconut Grove Town Of Nightcliff Proposed Development Rezone From Sd24 (Specific Use Zone Darwin No 24) To A New Specific Use Zone To Enable The Development Of An Integrated Residential Estate Containing 16 Multiple Dwellings be received and noted.

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

Report Number 10TS0100 CR:sv be endorsed.

DROSSO LELEKIS LUCCIO CERCARELLI MANAGER GENERAL MANAGER DESIGN PLANNING AND PROJECTS INFRASTRUCTURE Any queries on this report can be directed to Rick Burgess on 8930 0528 or email on [email protected] Attachment A Common No 1795157 Document No 1826060 Report Attachment -10TS0100-rpt Attachment A.pdf Attachment B Common No 1795157 Document No 1823598 Outgoing Letter - REVISED Planning Scheme Amendment Lot 9327

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From Zone SU24 to Zone Specific Use (SU)

TOWN OF NIGHTCLIFF

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AMENDMENT PA2010/0417

EXISTING NT PLANNING SCHEME

File No.: PA2010/0417

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ATTACHMENT B

Please quote: 1795157 CR:sv 28 June 2010

Mr Rean Lourene Senior Planner Strategic Lands Planning Department of Lands and Planning GPO Box 1680 DARWIN NT 0801

Dear Rean REVISED Planning Scheme Amendment PA2010/0417 Lot 9327 (125) Dick Ward Drive Coconut Grove Town of Nightcliff Proposed Amendment: Rezone From SD24 (Specific Use Zone Darwin No 24) To A New Specific Use Zone To Enable The Development Of An Integrated Residential Estate Containing 16 Multiple Dwellings PROPOSED AMENDMENT Thank you for the Planning Scheme Amendment application referred to this office 13 May 2010, concerning the above. This letter may be placed before Council's Town Planning Committee at its next meeting. Should this letter be varied or not endorsed by Council, you will be advised accordingly.

The following issues are raised for consideration by the Minister for Lands and Planning::

i). Council objects to the granting of a Development Permit for the following reasons:

a). The site is located within the Primary Storm Surge Area and the proposed

scheme amendment increases the permitted density of the site.

Land subject to flooding and Storm Surge is considered under clause 6.14 of the Planning Scheme. The purpose of this clause is to reduce risk to people, damage to property and costs to the general community caused by flooding and storm surge. Clause 6.14 does not support any type of residential or community service type use within the Primary Storm Surge Area (PSSA) or Secondary Storm Surge Area (SSSA). Research indicates that there will be an increase in annual rainfall, an increase in the number of days of high temperature and that storm events … …2/

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are predicted to occur less often but of a greater intensity than currently experienced. Data complied on storm surge activity needs to take into account any updated climate change information and recognise a potential increase in impact of storm surge in this area.

b). Higher densities to the north and east of the site and the rural residential

zone to the west and The current zoning of the site allows for a transition between the south.

Should the above issues be adequately addressed, Council offers the following comments:

Traffic Study

1). The proposed SU zone should require a traffic impact and analysis report as part of the development application process. The traffic study should be prepared by a firm of qualified Traffic Engineers to the requirements of the Darwin City Council, and at no cost to Council.

2). At minimum, Council will require that any crossover access to Dick Ward

Drive is restricted to ‘left-in / left-out’ vehicle turns only, with a raised barrier constructed along the centre of Dick Ward Drive to prevent any unauthorised right-hand turns. A ‘no U-Turn’ sign will also need to be constructed at the junction of Dick Ward Drive and Old McMillans Road. Required changes to the layout and signage of Dick Ward Drive will be to the requirements of the Darwin City Council, and at no cost to Council.

Stormwater Drainage

1). The proposed SU Zone should also clearly state that stormwater drainage infrastructure should be designed and constructed in accordance with the ‘Design Requirements’ set out within Council’s Subdivision and Development Guidelines.

In considering this application, the Authority is requested to take into account any implications of the Disability Discrimination Act (Cth) or the Anti Discrimination Act (NT) with regard to access for the disabled. If you require any further discussion in relation to this application please feel free to contact Cindy Robson on 8930 0528. Yours faithfully CINDY ROBSON STRATEGIC TOWN PLANNER cc. Minister for Lands and Planning

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ENCL: YES



OPEN B

APPROVED: CR



COMMON NO:

1805108

SUBJECT: LOTS 6571 - 6576 (1) MANUNDA TERRACE AND 30 - 38 KALYMNOS

DRIVE KARAMA TOWN OF SANDERSON PROPOSED DEVELOPMENT 60x1 AND 60x2 BEDROOM MULTIPLE DWELLINGS IN A 2x3 AND 4x4 STOREY BUILDINGS INCLUDING GROUND LEVEL CAR PARKING AREA

ITEM NO: 10.2 SYNOPSIS: A Development Application (Attachment A) for Lots 6571 – 6576 (1) Manunda Terrace and (30-38) Kalymnos Drive Karama, has been referred to Council for comment pursuant to Section 48 of the Planning Act. The following report addresses relevant Council issues and recommends that Council endorse comments provided to the Development Consent Authority by staff. GENERAL: Applicant: Milne Architects Zone: MR (Medium Density Residential) Zone Area: 6786 2m Proposal: In accordance with Section 46(1) of the Northern Territory Planning Act 1999 a proposal has been submitted for the development of 4 x 4 storey buildings and 2 x 3 storey buildings. The proposed land use consists of 60 x 1 bedroom apartments and 60 x 2 bedroom apartments, including 152 car parking spaces. History: The site has been vacant land for an extended period of time with no improvements on the site and little vegetation other than grass. The current proposal has been subject to an amendment, requiring re-exhibition due to significant changes. The assessment undertaken as part of this report considers the second set of amended plans only – dated 30 April 2010 Revision E. Letters of

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PAGE: 2 REPORT NO: 10TS0105 CR:sv SUBJECT: LOTS 6571 - 6576 (1) MANUNDA TERRACE AND 30 - 38 KALYMNOS DRIVE

KARAMA TOWN OF SANDERSON PROPOSED DEVELOPMENT 60X1 AND 60X2 BEDROOM MULTIPLE DWELLINGS IN A 2X3 AND 4X4 STOREY BUILDINGS INCLUDING GROUND LEVEL CAR PARKING AREA - MILNE ARCHITECTS

comments to the consent authority for both of versions of the plans are located in the attachments to this report for endorsement.

Site and Surrounds The site is within the MR (Medium Density Residential) Zone and consists of six evenly sized lots facing Kalymnos Drive. The surrounding land use is a mix of residential and commercial land uses. Opposite the site on Manunda Terrace is single residential, to the rear of the site are multiple dwellings, to the east of the site a childcare centre and opposite the site on Kalymnos Drive is commercial premises. The subject land is relatively flat and currently vacant with little vegetation other than grass. The proposed development is located at the corner of Kalymnos drive and Manunda Terrace, which are both local distributor roads. Two pedestrian crossings are located on Kalymnos Drive, in front of the property. Proposal In accordance with Section 46(1) of the Northern Territory Planning Act 1999 a proposal has been submitted for the development of 4 x 4 storey buildings and 2 x 3 storey buildings. The proposed land use consists of 60 x 1 bedroom apartments and 60 x 2 bedroom apartments, including 152 car parking spaces (four of the car parking spaces to be in a tandem configuration). Eight individual buildings interconnected by raised walkways are proposed for the site. Access to the various levels will be via lifts and stairways to the four storey buildings and stairway only to the three storey buildings. Five of the apartments will have ground level courtyard access. The site will have three access points, two from Kalymnos Drive and one from Manunda Terrace that intersect internally to allow for circulation around the site. The proposal indicates an easement to the proposed eastern lot allowing the western lot to access Kalymnos drive. The plans indicate that rubbish removal will be accessed from Kalymnos Drive via an internal access road that makes a horseshoe shaped turn and then exits the site again from Kalymnos drive. Two separate rubbish bin collection points are indicate on the plans, adjacent to the internal rubbish truck access. The proposed access points to Kalymnos Drive are approximately opposite crossovers to the existing commercial premises. The western exit along Kalymnos Drive will be almost directly aligned with the existing crossover on the opposite side of the road, effectively creating a four-way intersection. Matters to be taken into account (pursuant to Section 51 of the NT Planning Act 1999): Northern Territory Planning Scheme:

The proposed development is in the MR (Medium Density Residential) zone, and requires consent.

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Disability Discrimination Legislation: Disability Discrimination Act issues are addressed under the Building Act requirements. Council places a statement of support for equal opportunity on all responses. Council Issues: It is not completely clear from the plans if the proposed boundary fencing and landscaping features will restrict visual sightlines at the vehicle crossover points. It is recommended that an appropriate condition be placed on the permit requiring sightlines to the verge for vehicles exiting the site are not impeded and meet the requirements of the relevant Australian Standards. The four proposed tandem car parking spaces are contrary to clause 6.5.3 (3) of the NT Planning Scheme which requires all parking spaces to have their own separate access and are therefore should not be supported. Any calculated shortage of parking spaces on the site should be subject to an appropriate contribution under Councils Car Parking Contributions Plan. As discussed above the western Crossover on Kalymnos Drive will be almost directly aligned with the existing crossover on the opposite side of the road, effectively creating a four-way intersection. The applicant has proposed a splitter to the centre of the access point, adjoining the road pavement, to limit access to left-in left-out only turns to this crossover. This is not considered an adequate method of restricting the traffic and Council staff believe that a centre island would be a more appropriate measure subject to further investigations. Therefore it is recommended that appropriate measures other than the proposed splitter are taken to limit the traffic to left-in left-out manoeuvres only from this intersection. FINANCIAL IMPLICATIONS: Nil. STRATEGIC PLAN IMPLICATIONS: The issues addressed in this Report are in accordance with the following Goals/Strategies of the Darwin City Council 2008 – 2012 as outlined in the ‘Evolving Darwin Strategic Directions: Towards 2020 and Beyond’:- Goal 1: Achieve Effective Partnerships and Engage in Collaborative

Relationships



reflect Darwin’s lifestyle

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Outcome 1.2 Effectively engage with Community Key Strategies 1.2.1 Increase involvement of the Business Community for developing solutions to


standard that meets community needs 2.1.4 Provide a clean and liveable municipality Goal 3: Assist Individuals and the Community Stay Connected with the


the community. Goal 4: Create and Maintain an Environmentally Sustainable City Outcome 4.2 Improve water conservation Key Strategies 4.2.2 Manage and maintain Council’s storm water management system. LEGAL IMPLICATIONS: This item is not considered "Confidential". PUBLIC RELATIONS IMPLICATIONS: Not Assessed. COMMUNITY SAFETY IMPLICATIONS: Not Assessed.

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DELEGATION: To the Chief Executive Officer to provide standard Development Permit conditions as appropriate. CONSULTATION: Through the Development Application statutory process. PROPOSED PUBLIC CONSULTATION PROCESS: Nil APPROPRIATE SIGNAGE: Not Applicable. RECOMMENDATIONS: THAT the Committee resolve under delegated authority:- A THAT Report Number 10TS0105 CR:sv entitled Lots 6571 - 6576 (1) Manunda

Terrace And 30 - 38 Kalymnos Drive Karama Town Of Sanderson Proposed Development 60x1 And 60x2 Bedroom Multiple Dwellings In A 2x3 And 4x4 Storey Buildings Including Ground Level Car Parking Area be received and noted.

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

Report Number 10TS0105 CR:sv be received and noted. C THAT the letter to the Development Consent Authority in Attachment C to

Report Number 10TS0105 CR:sv be endorsed. DROSSO LELEKIS LUCCIO CERCARELLI MANAGER GENERAL MANAGER DESIGN, PLANNING AND PROJECTS INFRASTRUCTURE Any queries on this report can be directed to Cindy Robson on 8930 0528 or email [email protected]

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ATTACHMENT B

Please quote: 1805108 CR:lm 18 June 2010 Mr Doug Lesh Manager Urban Planning Development Assessment Services Department of Lands and Planning GPO Box 1680 DARWIN NT 0801 Dear Doug Lots 6571 – 6576 (1) Manunda Terrace and 30 – 38 Kalymnos Drive Karama Town of Sanderson Proposed Development 60x1 and 60x2 bedroom multiple dwellings in a 2x3 and 4x4 storey buildings including ground level car parking area Thank you for the Development Application referred to this office 28 May 2010, concerning the above. This letter may be placed before Council’s Town Planning Committee at its next meeting. Should this letter be varied or not endorsed by Council, you will be advised accordingly. The following issues are raised for consideration by the Authority:

i). Council supports in principle the granting of a Development Permit provided the following issues are adequately addressed:

a). The proposed vehicle crossovers present the opportunity for conflict

with existing crossover points on the opposite side of Kalymnos Drive. Council requests the authority require a traffic study to assess the suitability of the crossovers as proposed within the existing locality, to the satisfaction of the Darwin City Council, and at no cost to Council.

b). The proposed boundary fencing will restrict visual sightlines at the

vehicle crossover points. Council requests the Authority require amended plans demonstrating sightlines to the verge for vehicles exiting the site are not impeded and meet the requirements of the relevant Australian Standards.

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c). The five proposed tandem parking spaces are contrary to clause 6.5.3 (3) of the NT Planning Scheme which requires all parking spaces to have their own separate access and are therefore not supported by council.

i). Should the above issues be adequately addressed, Council offers

the following comments:

Council comments on issues for which it is the sole responsible authority, under the Local Government Act and associated By-Laws:-

a). That waste storage and collection are in accordance with the Darwin City Council Policy Number 54 – Waste Management. Details of the policy can be found at www.darwin.nt.gov.au/policies.htm.

b). Council requests the Authority requires a schematic plan

demonstrating all stormwater to be collected on the site and discharged underground to Council’s stormwater drainage system. The applicant’s plans fail to demonstrate how on-site stormwater will be collected and discharged underground to Council’s drainage network.

1). The plan shall include details of site levels and Council’s

stormwater drain connection point/s. The plan shall also indicate how stormwater will be collected on the site and connected underground to Council’s system.

2). Council requires a stormwater drainage plan to confirm that it is

technically feasible to collect stormwater on the site and dispose of it into Council’s stormwater drainage system. It is also necessary to ensure that no stormwater will sheet-flow into the road reserve or onto adjoining properties.

Council comments in relation to the Planning Act, the Darwin Town Plan and Land Use Objectives:-

c). Council requests the Authority require a monetary contribution

is paid to Council in accordance with its Carparking Contribution Plan in lieu of any on-site car parking shortfall as a result of this development. The Town Plan requires 152 car parking spaces and only 147 will be provided if the tandem bays are removed.

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Should this application be approved, the following conditions pursuant to the Planning Act and Council’s responsibilities under the Local Government Act are also recommended for inclusion in the Development Permit issued by the Development Consent Authority. • Designs and specifications for landscaping of the road verges adjacent to the

property shall be submitted for approval by the General Manager of Infrastructure, Darwin City Council, and all approved works constructed to Council’s requirements at the applicant’s expense.

• The location, design and specifications for proposed and affected crossovers

shall be provided to the satisfaction of the General Manager Infrastructure, Darwin City Council and at no cost to Council.

• Kerb crossovers and driveways to the site shall be provided and disused

crossovers removed, public footpath and cycleways shall be provided, stormwater shall be collected and discharged into Council's drainage network, and reinstatement works carried out, all to the requirements and satisfaction of the General Manager Infrastructure, Darwin City Council and at no cost to Council.

• Sight lines shall be provided at crossovers to public streets to the satisfaction of

the General Manager Infrastructure, Darwin City Council. No fence or tree exceeding 0.6 metres in height shall be planted in front of the sight line.

• Any gate over an access to a public road shall be placed on the subject site at

least 4.5m from the face of the kerb line of the adjoining public road. • Car parking spaces and internal driveways shall meet the requirements of the

relevant Australian Standard and be linemarked and sealed with an impervious material.

• The total number of required disabled car parking bays shall be met on site. • Pursuant to clause 6.5.2 of the Northern Territory Planning Scheme and s.70(5)

of the Planning Act a monetary contribution shall be paid to Darwin City Council for any determined parking shortfall.

• All developments on or adjacent to any easements on site in favour of Council

shall be carried out to the requirements and satisfaction of The General Manager Infrastructure, Darwin City Council.

• Waste bin storage and pick up shall be provided in accordance with Council’s

Waste Bin Policy.

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• Any easements or reserves required for the purposes stormwater drainage, roads, waste collection, access or for any other purpose shall be made available free of cost to the Darwin City Council or neighbouring property owners.

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In considering this application, the Authority is requested to take into account any implications of the Disability Discrimination Act (Cth) or the Anti Discrimination Act (NT) with regard to access for the disabled. If you require any further discussion in relation to this application please feel free to contact me on 8930 0528. Yours faithfully CINDY ROBSON STRATEGIC TOWN PLANNER cc: Milne Architects

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ATTACHMENT C

Please quote: 1805108 CR:lm 9 July 2010 Mr Doug Lesh Manager Urban Planning Development Assessment Services Department of Lands and Planning GPO Box 1680 DARWIN NT 0801 Dear Doug RE- ADVERTISED Lots 6571 – 6576 (1) Manunda Terrace and 30 – 38 Kalymnos Drive Karama Town of Sanderson Proposed Development 60x1 and 60x2 bedroom multiple dwellings in a 2x3 and 4x4 storey buildings including ground level car parking area Thank you for the Development Application referred to this office 25 June 2010, concerning the above. This letter may be placed before Council’s Town Planning Committee at its next meeting. Should this letter be varied or not endorsed by Council, you will be advised accordingly. The following issues are raised for consideration by the Authority:

i). Council supports in principle the granting of a Development Permit provided the following issues are adequately addressed:

a). The proposed western vehicle crossover on Kalymnos Drive

presents the opportunity for conflict with the existing crossover point directly opposite the site. Council requests the authority require amended plans demonstrating a physical barrier in the form of a central concrete island restricting access at this point to left-in, left-out only turns, to the technical standards and satisfaction of the General Manager Infrastructure and at no cost to Council.

b). The proposed tandem parking spaces are contrary to clause 6.5.3

(3) of the NT Planning Scheme which requires all parking spaces to have their own separate access and are therefore not supported by Council.

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i). Should the above issues be adequately addressed, Council offers



a). That waste storage and collection are in accordance with the Darwin City Council Policy Number 54 – Waste Management. Details of the policy can be found at www.darwin.nt.gov.au/policies.htm.

b). Council requests the Authority requires a schematic plan






Council comments in relation to the Planning Act, the Darwin Town Plan and Land Use Objectives:-

c). Council requests the Authority require a monetary contribution is paid to Council in accordance with its Carparking Contribution Plan in lieu of any on-site car parking shortfall as a result of this development. The Town Plan requires 152 car parking spaces and only 147 will be provided if the tandem bays are removed.

…3/

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shall be provided to the satisfaction of the General Manager Infrastructure, Darwin City Council and at no cost to Council.


crossovers removed, public footpath and cycleways shall be provided, stormwater shall be collected and discharged into Council's drainage network, and reinstatement works carried out, all to the requirements and satisfaction of the General Manager Infrastructure, Darwin City Council and at no cost to Council.


the General Manager Infrastructure, Darwin City Council. No fence or tree exceeding 0.6 metres in height shall be planted in front of the sight line.

• Any gate over an access to a public road shall be placed on the subject site at

least 4.5m from the face of the kerb line of the adjoining public road. • Car parking spaces and internal driveways shall meet the requirements of the

relevant Australian Standard and be linemarked and sealed with an impervious material.

• The total number of required disabled car parking bays shall be met on site. • Pursuant to clause 6.5.2 of the Northern Territory Planning Scheme and s.70(5)

of the Planning Act a monetary contribution shall be paid to Darwin City Council for any determined parking shortfall.


shall be carried out to the requirements and satisfaction of The General Manager Infrastructure, Darwin City Council.

• Waste bin storage and pick up shall be provided in accordance with Council’s

Waste Bin Policy. • Any easements or reserves required for the purposes stormwater drainage,

roads, waste collection, access or for any other purpose shall be made available free of cost to the Darwin City Council or neighbouring property owners.

…4/

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In considering this application, the Authority is requested to take into account any implications of the Disability Discrimination Act (Cth) or the Anti Discrimination Act (NT) with regard to access for the disabled. If you require any further discussion in relation to this application please feel free to contact me on 8930 0528. Yours faithfully CINDY ROBSON STRATEGIC TOWN PLANNER cc: Milne Architects

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ENCL: YES


REPORT TO: TOWN PLANNING COMMITTEE MEETING /

OPEN B

APPROVED: CR



COMMON NO:

1789756

SUBJECT: LOT 5953 (6) CAREY STREET DARWIN CITY TOWN OF DARWIN

PROPOSED DEVELOPMENT: 79X1, 79X2 AND 9X3 BEDROOM MULTIPLE DWELLINGS IN A 24 STOREY BUILDING INCLUDING A RESTAURANT AT LEVEL 15 PLUS 5 STOREYS OF BASEMENT CAR PARKING

ITEM NO: 10.3 SYNOPSIS: A Development Application (Attachment A) for LOT 5953 (6) Carey Street, Town of Darwin has been referred to Council for comment pursuant to Section 48 of the Planning Act. The following report addresses relevant Council issues and recommends that Council endorse comments provided to the Development Consent Authority by staff. GENERAL: Applicant: Sunbuild Pty Ltd Zone: CB (Central Business) Zone Area: 2260m2 Proposal: In accordance with Section 46(1) of the Northern Territory Planning Act 1999 a proposal has been submitted for the development of a 24 storey building plus 5 storeys of basement parking. The proposed land use consists of serviced apartments, a restaurant and multiple dwellings. Basement level car parking has been provided over five split levels to accommodate 319 secure spaces. A further 3 permanent parking bays and 3 temporary drop-off bays are located at ground level, along with a shared arrangement allowing for a loading bay during the day and 2 standard bays for the restaurant at night. At ground level a circular access point has been provided with sufficient area for a coach to enter and exit the site in a forward direction. Landscaping has not been

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REPORT NO: 10TS0096 CR:sv SUBJECT: LOT 5953 (6) CAREY STREET DARWIN CITY TOWN OF DARWIN


specified, however land has been allocated for garden beds and landscaping to improve the amenity of the development to the street, and to provide screening to the recreation areas at the rear of the development. The development incorporates five levels of serviced apartments, with a reception, storage and waste management facilities at the base of the building. The waste collection area is contained within the core structure of the building with a roller door providing direct access to the basement driveway. A recreation area is located at the rear of the site, overlooking Tiger Brennan Drive. The area contains a kids play area, kids pool, lagoon pool, lap pool and a sun deck. Levels 1 to 13 contain one and two bedroom apartments, level 14 is a multifunction level containing a gym, movie room, function area, restaurant and associated kitchen. Levels 15 to 23 contain one, two and three bedroom dwellings. History: On the 24th October 2006 and application was lodged for 4 x 4, 26 x 3, 36 x 2 & 20 x 1 bedroom flats in a 24 storey building including 3 levels of basement parking. The application was approved (PA2006/0920), and some excavation of the site was undertaken, however no construction work was completed and this consent has now lapsed.

The current proposal has been subject to two amendments, both requiring re-exhibition due to significant amendments. The assessment undertaken as part of this report considers the third set of amended plans only – dated 18th May 2010.

Due to the amendments and subsequent meeting schedules this application has already been presented to a Development Consent Authority meeting for determination, which is reflected in the recommendation to note and receive, rather than endorse the letter in Attachment A of this report. Site and Surrounds The subject site is predominantly vacant land with dilapidated structures requiring demolition. It appears that excavation works have been carried out on site prior to this application being lodged. The surrounding land use is a mix of residential and light industrial land uses such as car repair, newspaper/media centre and other small light industrial uses. three residential towers are located adjacent to this site at the end of a cul-de-sac. The general surrounding area contains residential land uses of approximately nine storeys in height. It is clear that parking management during the day in Carey Street is problematic and congested with the existing and surrounding land uses creating a situation where cars are parked on both sides of the streets and onto the verge for the entire length of the street.

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Northern Territory Planning Scheme: The proposed development is in the CB (Central Business) Zone, and requires consent. Multiple dwellings are a discretionary land use under the Planning Scheme. Building Heights in Central Darwin The subject site is located in the Central Darwin Core with a 90m height limit. The overall development will achieve a height of 78.1 AGL. The height is therefore deemed to comply with the Scheme. Based on the drawings provided with the application, the overall development complies with Volumetric Controls in Central Darwin set out in the NT Planning Scheme. The applicant is compliant in terms of Tier 1 and Tier 2 podium heights and setbacks to habitable rooms and balconies being 6 metres from the boundary other than to a street or public open space. The proposal complies with the floor area requirements of Tier 2 whereby the floor area represents 40% of the site and therefore does not exceed the maximum 56% permitted. Urban Design and Streetscape The proposed ground floor treatment includes a foyer, loading zone, and a horse-shoe driveway to allow for coaches and drop off without reversing. The ground floor primarily functions as an access and loading area with landscaped raised garden beds. Three temporary set down spaces and a loading area are provided on ground level with no screening. The long-term parking bays are screened by a raised planter box. The bulk and scale of the building as it presents to Carey Street and Tiger Brennan Drive is considered excessive. The site is raised above the Tiger Brennan Drive road reserve and as such a building of 78.1 metres will present as a dominating landmark to the entrance to Darwin City. The proposed building has a minimum setback of 4.74 metres to Carey Street which exacerbates the overall impact of height and scale as presented to the primary street frontage. It is considered that a building height similar to the three adjoining apartment buildings in Carey Street would be more suitable for this site. Parking Requirements The proposed development will allow for the provision of 342 spaces plus a loading bay, with a total requirement for 346 spaces. Eight car parking spaces have been made available on the ground level for the purposes of servicing the restaurant. Two of these ground level spaces are proposed to be used during evening periods for restaurant parking, while during the day they are proposed to be used as a single loading bay.

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The Northern Territory Planning Scheme specifies that “a restaurant use or development on a site must provide areas wholly within the site for loading and unloading of vehicles at the ratio for a restaurant of 1 loading bay for every 2,000m2 of the total net floor area.” (Northern Territory Planning Scheme, Part 6.6 – Loading Bays) The applicant has detailed the car parking requirement calculations within the application documentation. In the calculation of the restaurant component, the applicant has not included the areas labelled bar, kitchen, cool store, dry store, airlock and what appears to be an office. It has been approximately calculated that these areas total approximately 140m2. This places an additional requirement of 4.2 car parking spaces that should be available to the general public. Use Unit of measure Required Supplied Shortfall Multiple Dwelling 167 @ 2/dwelling 334 334 0 Restaurant 372.4m2 @ 3/100m2 12 (11.2) 8 4 Loading Bay 1 per every 2000m2

of restaurant area 0 1 0

Total 346 (345.2) 342 + 1 4 The Northern Territory Planning Scheme specifies that the “parking area is to be established, used and maintained for the purpose of vehicle parking only. The area is to: … (b) be functional and provide separate access to every car parking space.” (Northern Territory Planning Scheme, Part 6.5.3 – Parking Layout) It could be said that providing a loading bay in tandem with two car parking spaces would be in contravention of the Northern Territory Planning Scheme, 6.5.3. Excluding the two spaces used in tandem, the proposal provides just six spaces which are accessible to the general public, leaving a demand for six spaces that must be sought elsewhere as there are no other publically assessable spaces on the site. The proposed parking layout includes parking bays with a minimum dimension of 2.5 metres width by 5.5 metres length. Parking bays abutting solid walls have an increased width of 2.8 metres. A condition requiring all bays to be in accordance with Australian standard AS2890:2004-1 is recommended. The parking layout complies regarding sight lines, width of access, being sealed and functional. The proposal includes one loading bay at ground level accessed from Carey Street. Given the intensity of the use is less than 2,000m2, one loading bay is considered sufficient. An adequate floor to ceiling height is proposed in the loading bay area to accommodate a waste removal truck. Communal open space The proposal includes a 992m2 landscaped area with pool, equating to 39% of the site area.

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Building design for multiple dwellings, hostels and supporting accommodation To mitigate the impact of the bulk and scale, the applicant has proposed lineal banding to the 14th floor, the location of the restaurant, arguing that this measure will break up the building bulk of the front façade. It is however questionable, whether the proposed detailing can mitigate the bulk and scale of the building from the street frontage and adjoining sites. The development within the locality is some 15 stories shorter than the proposed development, which is located on an elevated portion of land as viewed from Stuart Park and comprises a single non articulated tower. It is considered that the height of development permitted at this site is not reflective of the locality. Notwithstanding the provisions of the Northern Territory Planning Scheme, it is considered that a development of this height, bulk and scale is more appropriate within the CBD district as defined by Mc Minn Street, Daly Street, the Esplanade and Bennett Street and that a building in this location should be stepping down in height, similar to other buildings at the end of Carey Street cul-de-sac. The development is site responsive in regards to location of air conditioners and double glazing to the elevation which abuts Tiger Brennan Drive. In general the proposal is site responsive to the orientation of the site, however further design improvements can lessen the overall bulk and scale impact. It is recommended that a visual impact assessment be undertaken to assess the overall impact that the proposal may have on the Darwin skyline. Disability Discrimination Legislation: Disability Discrimination Act issues are addressed under the Building Act requirements. Council places a statement of support for equal opportunity on all responses. Council Issues: A waste management plan has not been provided as part of the application. Both recycling and general waste bins have been provided. Access to the compound has been provided via a roller door directly accessible from the driveway access ramp. The ramp is on a decline of 1:18.25. Current arrangements will require that the waste collection vehicle reverse down the (up) ramp to collect the waste. Council policy number 54 – Waste Management requires that bulk bin compounds be located on level ground or have access ramps unobstructed by steps or plinth with the bin enclosure located near an appropriate access road. The current plans do not show whether a step or ramp is provided at the waste collection access point. It is observed that a parking management issue is present in Carey Street. The intensification of land use is likely to exacerbate the existing traffic management and parking issues, which will be further worsened by the crossovers of the proposed development removing car parking bays from the street.

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The additional demand on street visitor parking and traffic movement is of concern considering the cul-de-sac road pattern and only one entry and exit point out of Carey street. A Stormwater Control Plan has not been provided as part of the application documentation. It has been requested that a stormwater management plan be provided to Darwin City Council, to the specification and satisfaction of the General Manager Infrastructure, Darwin City Council. FINANCIAL IMPLICATIONS: Nil. STRATEGIC PLAN IMPLICATIONS: The issues addressed in this Report are in accordance with the following Goals/Strategies of the Darwin City Council 2008 – 2012 as outlined in the ‘Evolving Darwin Strategic Directions: Towards 2020 and Beyond’:- Goal 1: Achieve Effective Partnerships and Engage in Collaborative

Relationships Outcome 1.1 Improve relations with all levels of Government Key Strategies 1.1.4 Play a strategic role in the planning and developmental processes that impact




standard that meets community needs 2.1.4 Provide a clean and liveable municipality LEGAL IMPLICATIONS: This item is not considered "Confidential".

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PUBLIC RELATIONS IMPLICATIONS: Not Assessed. COMMUNITY SAFETY IMPLICATIONS: Not Assessed. DELEGATION: To the Chief Executive Officer to provide standard Development Permit conditions as appropriate. CONSULTATION: Through the Development Application statutory process. PROPOSED PUBLIC CONSULTATION PROCESS: Nil APPROPRIATE SIGNAGE: Not Applicable. RECOMMENDATIONS: THAT the Committee resolve under delegated authority:- A THAT Report Number 10TS0096 RB:sv entitled Lot 5953 (6) Carey Street

Darwin City Town Of Darwin Proposed Development: 79x1, 79x2 And 9x3 Bedroom Multiple Dwellings In a 24 Storey Building Plus 5 Storeys Of Parking Basement, be received and noted.

B THAT the letter to the Development Consent Authority in Attachment B to Report Number 10TS0096 RB:sv entitled Lot 5953 (6) Carey Street Darwin City Town Of Darwin Proposed Development: 79x1, 79x2 And 9x3 Bedroom Multiple Dwellings In A 24 Storey Building Plus 5 Storeys Of Parking Basement, be received and noted.

DROSSO LELEKIS LUCCIO CERCARELLI MANAGER GENERAL MANAGER DESIGN, PLANNING & PROJECTS INFRASTRUCTURE Any queries on this report can be directed to Rick Burgess on 8930 0412 or email [email protected]

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ATTACHMENT B

Please quote 1789756 CR:sv 28 June 2010 Mr Doug Lesh Manager Urban Planning Development Assessment Services Department of Lands and Planning GPO Box 1680 DARWIN NT 0801 Dear Doug, REVISED Lot 5953 (6) Carey Street Darwin City Town of Darwin Proposed Development: 79X1, 79X2 and 9X3 Bedroom Multiple Dwellings In a 24 Storey Building Including a Restaurant at Level 15 Plus 5 Storeys of Basement Car Parking Thank you for the Development Application referred to this office 21 May 2010, concerning the above. This letter may be placed before Council's Town Planning Committee at its next meeting. Should this letter be varied or not endorsed by Council, you will be advised accordingly. The following issues are raised for consideration by the Authority:

i). Council objects to the granting of a Development Permit for the following reasons:

a). The bulk and scale of the building as it presents to Carey Street and

Tiger Brennan Drive is considered excessive. The site is raised above the Tiger Brennan Drive road reserve and as such a building of 78.1 metres will present as a dominating landmark to the entrance to Darwin City. The proposed building has a minimum setback of 4.74 metres to Carey Street which exacerbates the overall impact of height and scale as presented to the primary street frontage. It is considered that a building height similar to the three adjoining apartment buildings in Carey Street would be more suitable for this site.

b). Car parking requirements appear to have been calculated

incorrectly. Areas associated with the restaurant including bar, kitchen, cool store, dry store, airlock and what appears to be an office have not been included as part of the net floor area. Council

…2/

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has calculated that approximately 12 publicly available car parking spaces are needed for the restaurant use to meet requirements of the Northern Territory Planning Scheme.

c). A traffic management plan is requested to investigate the impact of increased traffic load generated by the proposed intensified land use on the surrounding road network, including Carey Street and the intersection of Carey and McMinn Streets.

d). That the applicant demonstrates compliance with Australian

Standards to accommodate manoeuvrability of a waste removal truck to the loading bay within height requirements.

ii). Should the above issues be adequately addressed, Council offers



a). Bin compounds must be located on level ground or have access

ramps unobstructed by steps or plinth with the bin enclosure located near an appropriate access road. The current plans do not show whether a step or ramp is provided at the waste collection access point. For more details of Council Policy Number 54 – Waste Management, please visit www.darwin.nt.gov/policies.htm.

b). The crossover and driveway appear to meet Council requirements.

c). Council requests the Authority requires a schematic plan






Should this application be approved, the following conditions pursuant to the Planning Act and Council’s responsibilities under the Local Government Act are also recommended for inclusion in the Development Permit issued by the Development Consent Authority. …3/

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-3- • Designs and specifications for landscaping of the road verges adjacent to the



shall be provided to the satisfaction of the General Manager of Infrastructure, Darwin City Council and at no cost to Council.


crossovers removed, public footpath and cycleways shall be provided, stormwater shall be collected and discharged into Council's drainage network, and reinstatement works carried out, all to the requirements and satisfaction of the General Manager of Infrastructure, Darwin City Council and at no cost to Council.


the General Manager of Infrastructure, Darwin City Council. No fence or tree exceeding 0.6 metres in height shall be planted in front of the sight line.

• Car parking spaces and internal driveways shall meet the requirements of the

relevant Australian Standard and be line-marked and sealed with an impervious material.

• The total number of required disabled car parking bays shall be met on site. • Waste bin storage and pick up shall be provided in accordance with Council’s

Waste Bin Policy. • All signage shall be subject to Council’s Outdoor Advertising Signs Code. In considering this application, the Authority is requested to take into account any implications of the Disability Discrimination Act (Cth) or the Anti Discrimination Act (NT) with regard to access for the disabled. If you require any further discussion in relation to this application please feel free to contact Rick Burgess on 8930 0412. Yours faithfully CINDY ROBSON STRATEGIC TOWN PLANNER cc: Sunbuild Pty Ltd

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ENCL: YES


REPORT TO: TOWN PLANNING COMMITTEE

MEETING/OPEN B

APPROVED: CR


10TS0106 RB:sv APPROVED: LC

COMMON NO:

1790516

SUBJECT: LOT 5182 (213) DICK WARD DRIVE, LUDMILLA, TOWN OF DARWIN - PROPOSED

DEVELOPMENT - AMENDMENT TO THE NT PLANNING SCHEME TO REZONE FROM ZONE RD (RESTRICTED DEVELOPMENT) AND ZONE CL (COMMUNITY LIVING) TO THREE DISTINCT SPECIFIC USE ZONES FOR THE PURPOSE OF FACILITATING A LIGHT INDUSTRIAL/ SERVICE COMMERCIAL ESTATE

ITEM NO: 10.4 SYNOPSIS: A Development Application (Attachment A) for Lot 5182 (213) Dick Ward Drive Ludmilla Town of Darwin has been referred to Council for comment pursuant to Section 48 of the Planning Act. The following report addresses relevant Council issues and recommends that Council endorse comments provided to the Development Consent Authority by staff. GENERAL: Applicant: Vysrose PL and Gwalwa Dareniki Association C/O Planit Consulting Zone: RD (Restricted Development) and CL (Community Living) Area: 51.6ha Proposal: Rezone from Zone RD (Restricted Development) and Zone CL

(Community Living) to three distinct specific use zones for the purpose of facilitating a light industrial/service commercial estate (Precinct 1), a medium density residential precinct (Precinct 2), and a multiple unit precinct (Precinct 3)

Site and Surrounds The subject site is identified as part Lot 5182 Town of Darwin, Ludmilla. The area subject to the application has been identified in three separate precincts located within the bounds of Totem Road, Bagot Road, Fitzer Drive, Nadpur Street and Dick Ward Drive.

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PAGE: 2 REPORT NO: 10TS0106 RB:sv SUBJECT: LOT 5182 (213) DICK WARD DRIVE, LUDMILLA, TOWN OF DARWIN -

PROPOSED DEVELOPMENT - AMENDMENT TO THE NT PLANNING SCHEME TO REZONE FROM ZONE RD (RESTRICTED DEVELOPMENT) AND ZONE CL (COMMUNITY LIVING) TO THREE DISTINCT SPECIFIC USE ZONES FOR THE PURPOSE OF FACILITATING A LIGHT INDUSTRIAL/ SERVICE COMMERCIAL ESTATE

Precinct one is located over the area of land bound by Totem Road, Bagot Road, Fitzer Drive and Dick Ward Drive, excluding Karu Park (lot 4816, corner of Totem Road and Bagot Road) and the parcels of land occupied by McDonalds and United Fuels, located on the corner of Bagot Road and Fitzer Drive. The area of precinct one is approximately 40ha. The applicant has indicated within the application documentation that precinct one will apply to two separate areas within the above mentioned site, however the documentation produced by the Department of Lands and Planning indicated that the SU (Special Use) Zone will apply to the whole of the above mentioned site. It is understood for the purposes of this assessment that the rezoning application is applicable as per the documentation produced by the Department of Lands and Planning. The subject land is constrained by Australian Noise Exposure Forecast (ANEF) contours, which restrict the development potential of the land. ANEF contours range between 20 and 40. Precinct one is subject to ANEF contours between 25 and 35, with a small portion of land subject to ANEF contours between 35 and 40. In accordance with AS2021, the subject site can acceptably accommodate ‘light industrial’ uses and ‘other industrial’ uses. The site can conditionally accommodate ‘public buildings’, and ‘commercial buildings’ in addition to the acceptable uses. Precinct one is subject to primary and secondary storm surge during extreme weather events. The area identified by the applicant as precinct one is subject only to secondary storm surge in areas immediately adjacent Dick Ward Drive. Precinct two is contained by Fitzer Drive, the existing residential area of Ludmilla, Nemarluk Drive, Nadpur Street and Dick Ward Drive. The site contains approximately 7.4ha. The site is effected by ANEF 20 to 25 contours. AS2021 specifies that the following uses are acceptable within the ANEF 20 to 25 contours; Hotel, Motel, Hostel, Commercial building, Light industrial, and Other industrial. AS2021 specifies that the following uses are acceptable within the ANEF 20 to 25 contours; House, Home unit, Flat, Caravan park, School, University, Hospital, Nursing home, and Public Building. The Precinct two site is subject to primary and secondary storm surge to the majority of the site. Precinct three is bound by Dick Ward Drive, Nudpur Street, Nemarluk Drive and the southern boundary of lot 5182. The site is currently zoned CL (Community Living) and is an area of approximately 1.9ha. Precinct three is not subject to ANEF contours, however the entire site is subject to primary storm surge. The site contains an area of marshland and mangrove. The applicant is proposing that the area of mangrove be zoned CN (Conservation), however the exhibition material produced by the Department of Lands and Planning defines the proposed zoning for precinct three as SU.

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Overall the land is relatively flat, with no substantial environmental or physical constraints, other than storm surge, that would preclude the development of the land. The applicant details that “the site incorporates a lesser aboriginal burial ground (Pukamani Ground) which has not been officially recognised, nor is able to be visually identified. It is noted nonetheless that the Gwalwa Daraniki Association have granted their consent to the lodgement of this proposal in a joint venture capacity.”

(Planit Consulting 2010, Page 19, Lot 5182 Application Documentation) The area to the north of the subject site, beyond Totem Road, is zoned LI (Light Industrial) and is characterised by commercial and light industrial uses that are appropriate for the existing zoning. To the east of the subject site is Darwin International Airport land incorporating the Bunnings site and an existing golf course. Located between the site and Bagot Road are established single dwelling residential sites and the Bagot Community estate. To the west of the site is the Gwalwa Daraniki Association Community where approximately 24 dwellings exist. To the north of the Gwalwa Daraniki Association Community is a stockpile of soil, which is currently under investigation by the Department of Lands and Planning for unpermitted development. The land is otherwise not developed. Proposal The proposal seeks to establish a framework to develop the subject land in accordance with the objectives of each precinct. It is proposed that all precincts be established under the provision of the SU (Special Use) zoning to allow for consideration to site specific constraints of ANEF contours and storm surge. The inclusion of specific clauses relating to ANEF contours and storm surge will allow for consideration to, and inclusion of conditions to protect against such constraints. Specific reference is made to AS2021-2000 ‘Acoustics – Aircraft Noise Intrusions – Building Siting and Construction’. The applicant has identified the defined uses of the Northern Territory Planning Scheme that are requested to be either permitted, discretionary or prohibited within each precinct. Precinct one is proposed to be rezoned for the purposes of service commercial, light industrial and bulky goods retail. The uses proposed within precinct one are similar to the uses provided for within the GI (General Industry) zone, plus the inclusion of medical consulting rooms as a discretionary use. While there are similarities to the uses permitted within Zone GI, it is proposed that any application be assessed under Northern Territory Planning Scheme as if the land were in Zone SC (Service Commercial) or Zone LI (Light Industry). Provisions are included to define minimum lot sizes and to shape the design of a future subdivision application.

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In addition to the site specific SU zone requirements, precinct two is proposed to be developed for the purposes of residential development in compliance with the Northern Territory Planning Scheme requirements for development within the MR (Medium Density Residential) zone. A potion of precinct three is proposed to be rezoned SU and developed for the purposes of residential development in compliance with the Northern Territory Planning Scheme requirements for development within Zone MD (Multiple Dwelling Residential). The western portion of precinct three is proposed to be retained as Zone CN (Conservation). Development within precinct three is proposed to be restricted to that which will not create any significant ecological impacts on adjoining CN zoned lands. Strategic Concerns The proposed rezoning is in contradiction to the existing zoning. The existing land within Zone RD (Restricted Development), proposes to limit the number of people who live or reside in the area, and retain the non-urban character of the land. In contrast, the applicant proposes to significantly increase the capacity of the land.

“The proposed rezoning of the subject lands seeks to provide for an efficient use of infill urban lands that posses a carrying capacity commensurate with higher order uses.”

(PlanIt Consulting, Application Documentation, Pg 36)

Council cannot support an application of this scale without an overarching strategic plan designating the intended pattern of development of the Darwin Municipality, and region. The Northern Territory Planning Scheme currently does not provide direction as to the future character and development of the Darwin region. Environmental Constraints The site is subject to a number of environmental constraints which prevent development of the land. The application has considered the effect of storm surge in combination with sea level rise and wave run up. The applicant has provided that Primary Storm Surge will effect parts of precinct one and two, and the majority of precinct three. Secondary storm surge will likely effect parts of precinct one, the majority of precinct two, and the whole of precinct three. Without significant mitigation measures being put in place, storm surge is likely to have a devastating effect. The applicant has provided that as a result of considering different reference points, and the potential of sea level rise, there are different estimations of the effect of storm surge. Independent reports have recommended that the effect of storm surge be based on 2006 estimates, plus 0.5m to account for sea level rise. This provided the estimated Primary Storm Surge level at 5.1m and the Secondary Storm Surge level at 6.0m.

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Council is not in a position to be able to assess or propose a method to remedy the effects of storm surge. Council will not support a development within a designated storm surge zone given the potentially devastating outcome. Within the application documentation, three options are proposed to mitigate the effects of storm surge being; to fill the land, to raise the buildings, or to raise the buildings and access ways. In assessing these options, consideration should be given to Darwin City Council’s Subdivisional and Development Guidelines. Council will not accept infrastructure within private allotments, or where developments do not adequately drain stormwater. Native Vegetation It has not been provided whether native vegetation, as per the Northern Territory Planning Scheme, exists on the subject land. It is requested that the applicant determine whether native vegetation exists on the subject site. It is implied by approving the current application that the native vegetation (if any) is accepted to be removed by subsequent applications. ANEF Exposure The site is subject to Aircraft Noise Exposure Forecast contours. The purpose of Zone RD (Restricted Development) is partly to protect the operations of the Darwin International Airport. While the development of the site can be accommodated within the currently proposed Aircraft Noise Exposure Forecast (ANEF) contours, any future amendments to the ANEF contours may impose a higher level of impact from aircraft noise than what is permitted under AS2021. Disability Discrimination Legislation: Disability Discrimination Act issues are addressed under the Building Act requirements. Council places a statement of support for equal opportunity on all responses. Council Issues: Traffic The proposed development is anticipated to generate a significant number of movements to and from both Bagot Road and Dick Ward Drive. To cater for the additional movements, the applicant has indicated that there is interest to create a new signalised intersection on both Bagot Road and Dick Ward Drive. A decision in regards to the proposed intersections, will be considered at the point in time that a subdivision application is received. While the functional requirements of traffic management must be addressed, it is suggested that the proposal undergo consultation with the local community of Ludmilla.

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The proposed intersection between Fitzer Drive and Nadpur Street on Dick Ward Drive has not taken into consideration the access point to the Minmarama Community. Sufficient separation of the two intersections is required for the safe and efficient flow of traffic. The traffic study by CRG has acknowledged the increased volume of traffic utilising the intersections of Bagot/Nemarluk, however it has not provided a quantitative analysis of the likely impact. Council acknowledges the Northern Territory Government as the rightful owner of this intersection, but still expresses concern to the number of vehicles likely to utilise Nemarluk Drive as a result of developments on the subject land. FINANCIAL IMPLICATIONS: Nil. STRATEGIC PLAN IMPLICATIONS: The issues addressed in this Report are in accordance with the following Goals/Strategies of the Darwin City Council 2008 – 2012 as outlined in the ‘Evolving Darwin Strategic Directions: Towards 2020 and Beyond’:-

Goal 1: Achieve Effective Partnerships and Engage in Collaborative Relationships





standard that meets community needs 2.1.4 Provide a clean and liveable municipality

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Goal 3: Assist Individuals and the Community Stay Connected with the


the community. Goal 4: Create and Maintain an Environmentally Sustainable City Outcome 4.2 Improve water conservation Key Strategies 4.2.2 Manage and maintain Council’s storm water management system. LEGAL IMPLICATIONS: This item is not considered "Confidential". PUBLIC RELATIONS IMPLICATIONS: Not Assessed. COMMUNITY SAFETY IMPLICATIONS: Not Assessed. DELEGATION: To the Chief Executive Officer to provide standard Development Permit conditions as appropriate. CONSULTATION: Through the Development Application statutory process. PROPOSED PUBLIC CONSULTATION PROCESS: Nil APPROPRIATE SIGNAGE: Not Applicable.

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RECOMMENDATIONS: THAT the Committee resolve under delegated authority:-

A). THAT Report Number 10TS0106 RB:sv entitled Lot 5182 (213) Dick Ward Drive, Ludmilla, Town Of Darwin - Proposed Development - Amendment To The NT Planning Scheme to Rezone From Zone RD (Restricted Development) And Zone CL (Community Living) To Three Distinct Specific Use Zones For The Purpose Of Facilitating A Light Industrial/ Service Commercial Estate be received and noted.

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

Report Number 10TS0107 RB:sv be endorsed. DROSSO LELEKIS LUCCIO CERCARELLI MANAGER GENERAL MANAGER DESIGN, PLANNING AND PROJECTS INFRASTRUCTURE Any queries on this report can be directed to Rick Burgess on 8930 0412 or email [email protected]

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ATTACHMENT B

Please quote: 1790516 RB:lm 4 June 2010 Ann Stevens Strategic Lands Planning Department of Lands and Planning GPO Box 1680 DARWIN NT 0801 Dear Ann Lot 5182 (213) Dick Ward Drive, Ludmilla, Town Of Darwin - Proposed Development - Amendment To The NT Planning Scheme to Rezone From Zone RD (Restricted Development) And Zone CL (Community Living) To Three Distinct Specific Use Zones For The Purpose Of Facilitating A Light Industrial/ Service Commercial Estate (Precinct 1), a medium density residential precinct (Precinct 2), and a multiple unit precinct (Precinct 3) Thank you for the amendment to the Planning Scheme referred to this office 6 May 2010, concerning the above. This letter may be placed before Council's Town Planning Committee at its next meeting. Should this letter be varied or not endorsed by Council, you will be advised accordingly. The following issues are raised for consideration by the Authority:

i). Council objects to the granting of a amendment to the Planning

Scheme for the following reasons:

a). The proposed rezoning is in contradiction to the existing zoning.

The existing land zone RD (Restricted Development), proposes to limit the number of people who live or reside in the area, and retain the non-urban character of the land. In contrast, the applicant proposes to significantly increase the capacity of the land. “The proposed rezoning of the subject lands seeks to provide for an efficient use of infill urban lands that posses a carrying capacity commensurate with higher order uses.”

(PlanIt Consulting, Application Documentation, Pg 36)

…2/

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Council cannot support an application of this scale without an overarching strategic plan designating the intended pattern of development of the Darwin Municipality, and region.

b). The site is subject to a number of environmental constraints which

prevent development of the land.

The application has considered the effect of storm surge in combination with sea level rise and wave run up. Without significant mitigation measures being put in place, storm surge is likely to have a devastating affect. Council is not in a position to be able to assess or propose a method to remedy the effects of storm surge. Council will not support a development within a designated storm surge zone given the potentially devastating outcome. Within the application documentation, three options are proposed to mitigate the effects of storm surge being; to fill the land, to raise the buildings, or to raise the buildings and access ways. In assessing these options, consideration should be given to Darwin City Council’s Subdivisional and Development Guidelines. Council will not accept infrastructure within private allotments, or where developments do not adequately drain stormwater.

c). It has not been provided whether native vegetation, as per the

Northern Territory Planning Scheme, exists on the subject land.

It is requested that the applicant determine whether native vegetation exists on the subject site. It is implied by approving the current application that the native vegetation (if any) is accepted to be removed by subsequent applications.

d). The site is subject to Aircraft Noise Exposure Forecast contours.

The purpose of the RD (Restricted Development) zoning of the subject site is partly to protect the operations of the Darwin International Airport. While the development of the site can be accommodated within the currently proposed Aircraft Noise Exposure Forecast (ANEF) contours, any future amendments to the ANEF contours may impose a higher level of impact from aircraft noise than what is permitted under AS2021.

…3/

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e). Traffic

Council has had the opportunity to view the proposed intersections and traffic flow to Dickward Drive. A decision by Council in regards to the proposed intersections will be considered at the point in time that a subdivision application is received. While the functional requirements of traffic management must be addressed, it is suggested that the proposal undergo consultation with the local community of Ludmilla. The proposed intersection between Fitzer Drive and Nadpur Street has not taken into consideration the access point to the Minmarama Community. Sufficient separation of the two intersections is required for the safe and efficient flow of traffic. The traffic study by CRG has acknowledged the increased volume of traffic utilising the intersections of Bagot/Nemarluk, however it has not provided a quantitative analysis of the likely impact. Council acknowledges the Northern Territory Government as the rightful owner of this intersection, but still expresses concern to the number of vehicles likely to utilise Nemarluk Drive as a result of developments on the subject land.




shall be carried out to the requirements and satisfaction of the General Manager Infrastructure, Darwin City Council.

• Engineering design and specifications for the proposed and affected roads,

including streetlighting, stormwater drainage, vehicular access, pedestrian/cycle corridors, streetscaping and landscaping of nature strips shall be submitted for approval by the General Manager Infrastructure, Darwin City Council and all approved works constructed to Council requirements at the applicant's expense.

• Any easements or reserves required for the purposes stormwater drainage,

roads, access or for any other purpose shall be made available free of cost to the Darwin City Council or neighbouring property owners.

…4/

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In considering this application, the Authority is requested to take into account any implications of the Disability Discrimination Act (Cth) or the Anti Discrimination Act (NT) with regard to access for the disabled. If you require any further discussion in relation to this application please feel free to contact Rick Burgess on 8930 0412. Yours faithfully CINDY ROBSON STRATEGIC TOWN PLANNER cc: Planit Consulting

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ENCL: YES DARWIN CITY COUNCIL

DATE: 11/06/2010REPORT

TO: TOWN PLANNING COMMITTEE

MEETING/OPEN B APPROVED: CR


10TS0115 BS:sv APPROVED LC

COMMON NO:

1807099

SUBJECT: SIGN APPLICATION - TEMPORARY REAL ESTATE SIGNS

BERRIMAH BUSINESS PARK PORTION 2235 (651) STUART HIGHWAY, BERRIMAH

ITEM NO: 10.5 SYNOPSIS: Council approval is sought for two temporary real estate signs for a recently approved commercial development in Berrimah. The site is opposite the Coonawarra Defence Base on the Stuart Highway. Refer Attachment A. This report recommends that Council approve the application for the two real estate signs for a period of up to twelve months. GENERAL: Applicant MasterPlan Type of Advertising (inc. temp/perm/illuminated)

Temporary

Type of Sign (Business/Election/Promotion etc.)

Real estate

Type of Structure (Pole/Free Standing/Fascia/High etc.)

Free-standing

Measurement of Sign (inc.height) 6m wide x 1.8m high Location of Sign On private property Existing Signage Nil Complies - Does not comply The proposal includes erecting two free standing signs to advertise the sale and lease of land within the yet to be developed Berrimah Business Park. The two signs are 6m wide and 1.8m high, and have an overall height of 3m from ground level. The site is currently vacant and has planning approval for a large commercial subdivision. The applicant has stated that the signs will be displayed for no more than twelve months from the date of installation.

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PAGE: 2 REPORT NO: 10TS0115 SUBJECT: SIGN APPLICATION - TEMPORARY REAL ESTATE SIGNS


The signs will be located on private property at either end of the development facing the Stuart Highway, approximately 750m apart. The signs will be set back approximately 45m from the Stuart Highway, with the eastern sign facing the inbound traffic and the western sign facing the outbound traffic. The subdivision includes a service road located between the signs and Stuart Highway. Outdoor Advertising Signs Code: The proposed real estate advertising signs exceed the signs code in their total overall size and the number of signs. Therefore the signs are discretionary and a Council signs permit is required to display the signs. The signs code allows one real estate sign up to 4.5 square metres to be erected on private property for commercial developments. This proposal is for two signs at 1.8m high x 6m wide, a total of 10.8 square metres for each sign. The signs have an overall height of 3 metres above ground level, which complies with the signs code. The proposed real estate signs have a total of 17.1 square metres over the allowable size stated in the signs code, however, due to the size and location of the development, the additional size and number of signs is considered appropriate. Conclusion The two real estate signs are not expected to adversely affect the amenity of the area, and will only be displayed for twelve months. The signs will be located 45m back from the Stuart Highway and a considerable distance from each other. It is expected that at this size each sign will be clearly seen by motorists when driving along the Stuart Highway. FINANCIAL IMPLICATIONS: Nil. STRATEGIC PLAN IMPLICATIONS: The issues addressed in this report are in accordance with the following goals/strategies of the Darwin City Council 2008 – 2012 as outlined in the ‘Evolving Darwin Strategic Directions: Towards 2020 and Beyond’:- Goal 1 Achieve Effective Partnerships and Engage in Collaborative Relationships Outcome 1.1 Improve relations with all levels of Government Key Strategies. 1.1.4 Play a strategic role in the planning and developmental processes that impact

Darwin.

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LEGAL IMPLICATIONS: This issue is not considered confidential. ENVIRONMENTAL IMPLICATIONS: Nil. PUBLIC RELATIONS IMPLICATIONS: Nil. COMMUNITY SAFETY IMPLICATIONS: Nil. DELEGATION: Nil. CONSULTATION: Northern Territory Government - Department of Construction and Infrastructure. PROPOSED PUBLIC CONSULTATION PROCESS: Nil. APPROPRIATE SIGNAGE: Not Applicable.

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RECOMMENDATIONS: A. THAT Report Number 10TS0115 BS:sv entitled, Sign Application - Temporary

Real Estate Signs, Berrimah Business Park, Portion 2235 (651) Stuart Highway, Berrimah, be received and noted.

B. THAT a Permit for the proposed real estate signs be issued for a period of 12

months from the date of the commencement of the Permit, in accordance with the requirements of the Outdoor Signs Code for the following reason:

i). The two real estate signs are not expected to adversely affect the amenity

of the area, and will only be displayed for a temporary period of up to twelve months. The signs will be located 45m back from the Stuart Highway and a considerable distance from each other. It is expected that at this size each sign will be clearly seen when driving along the Stuart Highway.

DROSSO LELEKIS LUCCIO CERCARELLI MANAGER GENERAL MANAGER DESIGN, PLANNING AND PROJECTS INFRASTRUCTURE Any queries on this report may be directed to Brian Sellers on 8930 0683 or email [email protected]

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ENCL: YES



OPEN B

APPROVED: CR


10TS0119 RB:sv APPROVED: LC

COMMON NO:

1813856

SUBJECT: SECTION 4255 PROPOSED SECTION 5184 (99 – 105) FITZMAURICE

DRIVE LEANYER PROPOSED DEVELOPMENT SUBDIVISION AND CONSOLIDATION TO CREATE 2 LOTS

ITEM NO: 10.6 SYNOPSIS: A Development Application (Attachment A) for Section 4255 Proposed Section 5184 (99-105) Fitzmaurice Drive, Leanyer, Hundred of Bagot, has been referred to Council for comment pursuant to Section 48 of the Planning Act. The following report addresses relevant Council issues and recommends that Council endorse comments provided to the Development Consent Authority by staff. GENERAL: Applicant: Earl James and Associates Zone: OR (Organised Recreation) and U (Utilities) Area: 1ha Proposal: Subdivision and Consolidation to Create 2 Lots. It is proposed that allotment 2823 and part allotment 4224 be consolidated to create a single allotment. The balance of allotment 4224 will remain. In effect the proposal will remove the dividing boundary of allotment 2823 and part allotment 4224. It has been identified that it is the intention of the applicant to further consolidate the proposed allotment within allotment 4255 as part of a future application. The purpose of the consolidation is to allow for the provision of substations to service the developing northern suburbs.

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PAGE: 2 REPORT NO: 10TS0119 RB:sv SUBJECT: SECTION 4255 PROPOSED SECTION 5184 (99 – 105) FITZMAURICE


History: Allotment 2823 is zoned OR (Organised Recreation), and was originally the site of a BMX club but the title to that land has subsequently been cancelled and the land is now vacant Crown land. Site and Surrounds The subject site is flat, contains some natural vegetation, but overall is unconstrained for the purpose of consolidating two allotments. There are no physical elements affected as part of the proposal. Disability Discrimination Legislation: Disability Discrimination Act issues are addressed under the Building Act requirements. Council places a statement of support for equal opportunity on all responses. Council Issues: No issues are raised for this Development Application in relation to matters that fall within the responsibility of Darwin City Council. FINANCIAL IMPLICATIONS: Nil. STRATEGIC PLAN IMPLICATIONS: The issues addressed in this Report are in accordance with the following Goals/Strategies of the Darwin City Council 2008 – 2012 as outlined in the ‘Evolving Darwin Strategic Directions: Towards 2020 and Beyond’:- Goal 2: Enhance Darwin’s Active, Positive and Flexible Lifestyle Outcome 2.1 Improve urban enhancement around Darwin Key Strategies 2.1.1 Manage and maintain the municipal landscaping and infrastructure to a

standard that meets community needs 2.1.4 Provide a clean and liveable municipality LEGAL IMPLICATIONS: This item is not considered "Confidential". PUBLIC RELATIONS IMPLICATIONS: Not Assessed.

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PAGE: 3 REPORT NO: 10TS0119 RB:sv SUBJECT: SECTION 4255 PROPOSED SECTION 5184 (99 – 105) FITZMAURICE


COMMUNITY SAFETY IMPLICATIONS: Nil. DELEGATION: To the Chief Executive Officer to provide standard Development Permit conditions as appropriate. CONSULTATION: Through the Development Application statutory process. PROPOSED PUBLIC CONSULTATION PROCESS: Nil APPROPRIATE SIGNAGE: Not Applicable. RECOMMENDATIONS: THAT the Committee resolve under delegated authority:- A. THAT Report Number 10TS0119 RB:sv entitled Section 4256 Proposed Section

5184 (99 – 105) Fitzmaurice Drive Leanyer Proposed Development Subdivision and Consolidation to Create 2 Lots , be received and noted.

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

Report Number 10TS0119 RB:sv be endorsed. DROSSO LELEKIS LUCCIO CERCARELLI MANAGER GENERAL MANAGER DESIGN, PLANNING AND PROJECTS INFRASTRUCTURE Any queries on this report can be directed to Rick Burgess on 8930 0528 or email [email protected]

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ATTACHMENT B

Please quote: 1813856 RB:sv 25 June 2010 Mr Doug Lesh Manager Urban Planning Development Assessment Services Department of Lands and Planning GPO Box 1680 DARWIN NT 0801 Dear Doug Section 4255 Proposed Section 5184 (99, 105) Fitzmaurice Drive, Leanyer Hundred of Bagot Proposed Development: Subdivision and Consolidation to Create 2 Lots Thank you for the Development Application referred to this office on the 11 June 2010, concerning the above. This letter may be placed before Council's Town Planning Committee at its next meeting. Should this letter be varied or not endorsed by Council, you will be advised accordingly. No issues are raised for this Development Application in relation to matters that fall within the responsibility of Darwin City Council. . In considering this application, the Authority is requested to take into account any implications of the Disability Discrimination Act (Cth) or the Anti Discrimination Act (NT) with regard to access for the disabled. If you require any further discussion in relation to this application please feel free to contact Rick Burgess on 8930 0412. Yours faithfully CINDY ROBSON STRATEGIC TOWN PLANNER cc: Earl James and Associates

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TO: TOWN PLANNING COMMITTEE MEETING APPROVED: CR FROM: GENERAL MANAGER INFRASTRUCTURE APPROVED: DL REPORT NO:

10TS0120 BS:sv APPROVED LC

COMMON NO:

1646286

SUBJECT: SIGN APPLICATION – UNITED PETROLEUM LOT 3434 (103) SMITH

STREET, DARWIN ITEM NO: 10.7 SYNOPSIS: Council approval is sought for five fascia and two free-standing signs for the approved, but not yet operational service station, which has been proposed for lot 3434 (103) Smith Street, Darwin (refer Attachment A). This report recommends that Council approves the 5 fascia business signs and the 5.975m high free-standing sign which is located on private property, and refuse the second 4.2m high free-standing sign which is proposed to be placed on the Smith Street road reserve. GENERAL: Applicant Aurecon Type of Advertising (inc. temp/perm/illuminated)

Permanent Illuminated

Type of Sign (Business/Election/Promotion etc.)

Business

Type of Structure (Pole/Free Standing/Fascia/High etc.)

5 x Fascia 2 x Free-standing

Measurement of Sign (inc.height) One - 0.87m high x 3.6m wide Four - 0.6 m high x 2.145 m wide One - 5.975 m high x 2.224 m wide One - 4.175 m high x 2.145 m wide

Location of Sign 6 x on private property 1 x on verge

Existing Signage N/A Complies - Does not Comply - Lot 3434 (103) Smith Street is owned by the Darwin City Council. Council’s Manager, Business Services has given permission to the applicant for this application to be lodged.

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PAGE: 2 REPORT NO: 10TS0120 BS:SV SUBJECT: SIGN APPLICATION – UNITED PETROLEUM LOT 3434 (103) SMITH STREET,

DARWIN

The application is for 5 business fascia signs and one free-standing sign to be located on private property, and a further free-standing sign to be located on the Smith Street road reserve. The premises are located within the CB (Central Business) Zone. Lot 3434 (103) Smith Street is located on the corner of Daly Street and has access from both street frontages. The premises contain an L-shaped structure consisting of two canopies. It has been proposed to place one ‘United’ fascia sign on both sides of the two canopies and place one “Quickstop” sign on the canopy overhead of the shop entrance. The 5.975m high x 2.224m wide free-standing sign is to be located on private property adjacent to Daly Street. The 5 business fascia signs and the 5.975m high free-standing sign comply with the Council’s Outdoor Advertising Signs Code. Smith Street Free-Standing Sign Notwithstanding that the free-standing sign will only be 4.2m above ground level it is the second free-standing sign on the premises and is to be positioned on the Smith Street road reserve. A permanent advertising sign which is located on Council’s road reserve is subject to a yearly per square metre renewal rate. The boundary of lot 3434 is setback 14.7m from the edge of the footpath which is in contrast to other property boundaries in Smith Street which are set back 1.1m from the footpath, refer to Attachment B. The sign appears to be on private property due to the recessed boundary alignment. The existing Smith Street perimeter fence of this property is on road reserve and lines up with the boundary of the other properties in Smith Street. The signs code states that no more than one free-standing sign will be permitted per premises and that a permanent sign on public land will only be approved under special circumstances in a business zone. The applicant has submitted the following special circumstances for Council’s consideration:

United Fuels is proposing to construct two freestanding signs (the price boards). The two price boards are considered necessary because the subject site has two street frontages. The true boundary of Lot 3434 is setback 14.7 m from the edge of the footpath which is in contrast to other properties boundaries which are setback 1.1 m. The proposed sign will be setback 5 m from the edge of the footpath, which is consistent with rest of the area. Additionally, there is no room within Lot 3434 to place the sign on the Smith Street frontage without obstructing the refuelling tanker path. The placement of one price board on the site – plausibly in the north-west corner – would require a number of mature street trees to be removed.

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DARWIN

Council officers have assessed this application against the three service stations located in close approximately to this site in the CB Zone. Each of these service stations has one sign and two of these service stations are located on lots which have two street frontages . The trees as mentioned in the applicants special circumstances are located on the road reserve of the Daly and Smith Street intersection. The applicant has been informed that Council will not give permission for these tress to be removed. Conclusion There are currently nine free-standing advertising signs which have been approved to be placed on the road reserve within the Darwin Municipality. Each of these signs were assessed against their special circumstances, and the amenity of the surrounding area. Notwithstanding the road reserve cutting well back into the premises, the second free-standing sign is not consistent with comparable businesses located within the CB Zone. FINANCIAL IMPLICATIONS: Nil. ACTION PLAN IMPLICATIONS: The issues addressed in this Report are in accordance with the following Goals/Strategies of the Action Plan of the Darwin City Council 2004 - 2008: 5 ENVIRONMENTAL MANAGEMENT 5.3 Town Planning Goal: To make a meaningful contribution to the planning and development of Darwin. LEGAL IMPLICATIONS: This issue is not considered confidential. ENVIRONMENTAL IMPLICATIONS: Nil. PUBLIC RELATIONS IMPLICATIONS: Nil. COMMUNITY SAFETY IMPLICATIONS: Nil.

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DARWIN

DELEGATION: Nil. CONSULTATION: Nil. PROPOSED PUBLIC CONSULTATION PROCESS: Not applicable to this application. APPROPRIATE SIGNAGE: Not applicable to this application. RECOMMENDATIONS: A. THAT Report Number 10TS0120 BS:sv entitled Sign Application – United

Petroleum, Lot 3434 (103) Smith Street, Darwin , be received and noted. B. THAT Council issue a signs permit for the proposed 5 fascia business signs

and the 5.975m high free-standing sign which is located on private property in accordance with the requirements of the Outdoor Signs Code for the following reason:

i). These advertising signs comply with the Outdoor Advertising Signs Code.

C. THAT Council refuse the application for the second 4.2m high free-standing

sign which is proposed to be placed on the Smith Street road reserve for the following reasons:

i). That Council as the land owner of the road reserve does not consent to

the placement of the sign on its land. ii). The free-standing sign is inconsistent with existing comparable business

signage in the surrounding CB zone. DROSSO LELEKIS LUCCIO CERCARELLI MANAGER GENERAL MANAGER DESIGN, PLANNING AND PROJECTS INFRASTRUCTURE Any queries on this report may be directed to Brian Sellers on 8930 0563 or email [email protected]

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TO: TOWN PLANNING COMMITTEE MEETING

OPEN B

APPROVED: CR


10TS0122 BS:lm APPROVED: LC

COMMON NO:

1815534

SUBJECT: ALFRESCO COVERED DINING DECK OVER COUNCIL ROAD

RESERVE – BOGART’S LOT 6646 (52) GREGORY STREET, PARAP ITEM NO: 10.8 SYNOPSIS: Approval has been sought for an encroachment over Council’s Gregory Street road reserve. The applicant proposes to build a covered deck which will encroach into the existing footway adjacent to Lot 6646 (52) Gregory Street, Parap, refer Attachment A. This report recommends that Council initiate a public consultation process for residents in the immediate vicinity of the proposal at the applicants cost. GENERAL Bogart’s (the subject premises) is located in Gregory Street opposite the Parap Shopping Village. The Gregory Street road verge has a 1.5m pedestrian footpath located adjacent to the boundary line. The proposal is for a 2m wide by 16m long alfresco dining deck. The proposed deck will encroach into the road reserve by approximately 900mm. The total area proposed to be over Council road reserve is 12.5 square metres. The deck will be built out level from the existing premises and will be approximately 0.3m above existing ground level adjacent to the footway. The proposed awning is 3m high with the support poles 2m from the edge of the dining deck. The plans indicate that the footpath will deviate around the deck at a width of 1.5m.

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REPORT NUMBER: 10TS0122 BS:lm SUBJECT: ALFRESCO COVERED DINING DECK OVER COUNCIL ROAD

RESERVE – BOGART’S LOT 6646 (52) GREGORY STREET, PARAP History Council on the 31 July 2008, received an application from Bogart’s for a minor encroachment of the road reserve for the proposed deck. The application requested an encroachment over the road reserve of approximately 200mm, refer Attachment B. This encroachment was approved by council staff at this time, refer Attachment C, with the following conditions: 1). There being no footings or supports constructed within the road reserve. 2). No future cost to Council should any service authority need to access the area

of encroachment. 3). All standard conditions of Council’s Alfresco Dining Policy being satisfied, ie

public liability insurance being provided, the structure being maintained to a high standard, etc.

4). All engineering and other issues being resolved to the satisfaction of the Director Technical Services.

With no further correspondence to Council, the deck was constructed encroaching further into the road reserve than the approved 200mm. On the 12 April 2010, Council received a Development Application for the proposed dining deck from the Development Consent Authority (DCA), refer Attachment D. As the applicant did not comply with the Council’s conditions, or seek Council approval as land owner to apply to the DCA, Council objected to the application, refer Attachment E. This objection has resulted in the applicant now applying to Council to gain land owners permission to submit an application for the planning & liquor licence processes. Issues Bogart’s is located in the MR (Medium Density) Zone and shares the lot with strata titled units. The proposed dining area fronts the intersection of Gregory and Vickers Streets. The Parap Shopping Village is located on the eastern side of Vickers Street in the C (Commercial) Zone. The residential premises on the western side of Vickers Street are located within the SD (Single Dwelling) Zone. Opening up the front of the premises has initiated concerns of excessive noise being generated from both the internal and external areas of the premises emanating to the adjacent residential areas. During the planning process, Council officers received a call from a local resident seeking information on how to object to this application. Notwithstanding that the Development Consent Authority are responsible for public consultation, Council is the owner of the land and may seek to investigate any negative impacts a

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RESERVE – BOGART’S LOT 6646 (52) GREGORY STREET, PARAP development on its land may have on local residents. This report is therefore recommending that that Council initiate a community consultation process prior to providing land owners approval for the application. FINANCIAL IMPLICATIONS: The community consultation will be funded by the applicant. The consultation process may include a letter drop to surrounding residents, sign on site advising of the proposed application and period to provide comments in, and any other means the Council deems appropriate. The proposed consultation will prolong the development application process, however, it is considered that the need to assess for the potential impacts of the proposal on the local community prior to offering Council’s consent as landowner outweighs any impact the delay may have on the applicant. STRATEGIC PLAN IMPLICATIONS: The issues addressed in this Report are in accordance with the following Goals/Strategies of the Darwin City Council 2008 – 2012 as outlined in the ‘Evolving Darwin Strategic Directions: Towards 2020 and Beyond’:- Goal 1 Achieve Effective Partnerships and Engage in Collaborative Relationships

Outcome 1.1 Improve relations with all levels of Government Key Strategies 1.1.1 Effectively engage with Territory and Australian Government officials,

particularly in the Darwin region. 1.1.4 Play a strategic role in the planning and developmental processes that impact

Darwin. 1.1.5 Influence Government and developers to develop sustainable projects which

reflect Darwin’s lifestyle. LEGAL IMPLICATIONS: This issue is not considered confidential. ENVIRONMENTAL IMPLICATIONS: Not assessed. PUBLIC RELATIONS IMPLICATIONS: Not assessed.

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RESERVE – BOGART’S LOT 6646 (52) GREGORY STREET, PARAP COMMUNITY SAFETY IMPLICATIONS: The plans show a continues line of travel which is expected to reduce any community safety implications. DELEGATION: Nil. CONSULTATION: Executive Officer Community Services. A/Team Coordinator Development & Waste Management. PROPOSED PUBLIC CONSULTATION PROCESS: With the Development Consent Authority undertaking community consultation during the planning process for this application, staff would like to hear the views of residents in the immediate vicinity to the premises. It is proposed that staff write to residents in the immediate vicinity of the subject property seeking comments in relation to the development proposal. These residents, as indicated in Attachment F, would be given 14 days to respond in writing to Council APPROPRIATE SIGNAGE Not applicable.

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RESERVE – BOGART’S LOT 6646 (52) GREGORY STREET, PARAP RECOMMENDATIONS: THAT it be a recommendation to Council:- A. THAT Report Number 10TS0122 entitled Alfresco Covered Dining Deck Over

Council Road Reserve – Bogart’s, Lot 6646 (52) Gregory Street, Parap, be received and noted.

B. THAT prior to Council determining if it will provide consent as landowner for the

development application: i) Council undertake community consultation as detailed in report

number 10TS0122.

ii) Council inform the applicant that the community consultation will be at their cost.

iii) a further report be submitted to Council with the results of the

community consultation process. DROSSO LELEKIS LUCCIO CERCARELLI MANAGER GENERAL MANAGER DESIGN, PLANNING & PROJECTS INFRASTRUCTURE Any queries on this report may be directed to Brian Sellers on 8930 0683 or [email protected]

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11 INFORMATION ITEMS 11.1 Minutes of the Development Consent Authority Meeting – Friday, 7 May

2010 and Friday, 21 May 2010 Document No. 1825595 (07/05/10) Common No. 1825595 Document No. 1825619 (21/05/10) Common No. 1825619 The Minutes of the Development Consent Authority Meeting held on Friday, 7 May 2010 and Friday, 21 May 2010, are distributed as a separate attachments. COMMITTEE’S DECISION THAT the Committee resolve under delegated authority:- A. THAT the Minutes of the Development Consent Authority Meeting held on Friday,

7 May 2010, be received and noted. B. THAT the Minutes of the Development Consent Authority Meeting held on Friday,

21 May 2010, be received and noted. DECISION NO.20\() (07/07/10)

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11 INFORMATION ITEMS 11.2 Various Letters sent to Development Assessment Services under

Delegated Authority COMMITTEE’S DECISION THAT the Committee resolve under delegated authority that the following letters sent to Development Assessment Services, be received and noted:- i) Lot 9902 (3) Demda Circuit, Lyons Town of Nightcliff Proposed Development 2x3

Bedroom Multiple Dwellings in a 2 Storey Building - Common Number 1804751 RB:sv dated 11 June 2010

ii) Lot 4894 (13) Somerville Gardens, Parap, Town of Darwin Proposed Development: 9x2 Bedroom Multiple Dwellings in a 4 Storey Building including Ground Level Car Parking - Common Number 1814616 RB:sv dated 25 June 2010

iii) Lot 3521 (73) Lee Point Road Moil Town of Nightcliff Proposed Development Medical Consulting Room Addition to an Existing Single Dwelling - Common Number 1805038 RB:sv dated 11 June 2010

iv) Portion 1556 (22) Farrell Crescent Winnellie & Section 3464 (25) Amy Johnson Avenue Winnellie Hundred of Bagot Proposed Development – Subdivision and Consolidation to Create One Lot - Common Number 1904725 CR:sv dated 11 June 2010

v) Lot 1678 (35) George Crescent Fannie Bay Town of Darwin Proposed Development – Garden Shed Addition to an Existing Single Dwelling with a Reduced Front Setback - Common Number 1804400 CR:sv dated 11 June 2010

vi) Lots 2352, 2354, 4851, 4852 (38, 44, 42, 40) The Mall Darwin City Proposed Development: Subdivision and Consolidation to Create 1 Lot (NOT EXHIBITED) - Common Number 1806913 CR:sv dated 11 June 2010

vii) Lot 2439 (111) Smith Street Darwin City, Town of Darwin Proposed Development: Demountable for Use as Storage Associated with a Dental Surgery (NOT EXHIBITED) - Common Number 1808287 CR:sv dated 11 June 2010

viii) Lot 2881 (7) Haimes Street, Jingili, Town of Nightcliff Proposed Development: Dependant Unit Addition to an Existing Single Dwelling with a Reduced Side Setback (NOT EXHIBITED) - Common Number 1807028 CR:sv dated 11 June 2010

ix) Lot 3096 (40) Abala Road Marrara Hundred of Bagot Proposed Development – Installation of Floodlighting (30 meters in Height) - Common Number 1804416 CR:sv dated 11 June 2010

(Continued on next page…)

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Delegated Authority (…Continued from previous page) x) Lot 3744 (20) Linde Street Moil Town of Nightcliff Proposed Development

Dependant Unit Addition to an Existing Single Dwelling with Reduced Side and Rear Setbacks (NOT EXHIBITED) - Common Number 1806825 CR:sv dated 11 June 2010

xi) Lot 3883 (7) Quarry Crescent, Stuart Park, Town of Darwin Proposed Development 2x3 and 1X2 Bedroom Multiple Dwellings in a 2 Storey Building - Common Number 1814236 RB:sv dated 25 June 2010

xii) Lot 3879 (15) Quarry Crescent Stuart Park Town of Darwin Proposed Development – Extension to an Existing Single Dwelling with a Reduced Front Setback - Common Number 1804384 CR:sv dated 11 June 2010

xiii) Lot 4184 (24) Savannah Drive Leanyer Town of Sanderson Proposed Development: Carport Addition to an Existing Dwelling with a Reduced Side Setback (NOT EXHIBITED) - Common Number 1806993 RB:sv dated 11 June 2010

xiv) Lot 4466 (53) Winnellie Road Winnellie Hundred of Bagot Proposed Development – Internal Changes to an Existing Approved Development Including Increased Showroom Sales Area - Common Number 1804803 CR:sv dated 11 June 2010

xv) Lot 4912 (10) Spathe Court Karama Town of Sanderson Proposed Development: Additions to an Existing Single Dwelling Including a Carport, Storeroom and Shed/Workshop Addition with a Reduced Side Setback (NOT EXHIBITED) - Common Number 1806859 CR:sv dated 11 June 2010

xvi) Lot 6243 (129) Dick Ward Drive Coconut Grove Town of Nightcliff Proposed Development: Verandah Addition to an Existing Multiple Dwelling (Unit 1) - Common Number 1813883 CR:sv dated 25 June 2010

xvii) Lot 6526 (26) Copra Crescent Karama Town of Sanderson Proposed Development: Bed and Breakfast - Common Number 1814264 RB:sv dated 25 June 2010

xviii) Lot 6894 (28) Tipperary Water, Stuart Park Town of Darwin Proposed Development Additions to an Existing Single Dwelling (Including a Second Storey Extension) - Common Number 1913874 CR:sv dated 25 June 2010

xix) Lot 5959 (6) Exmouth Court Leanyer Town of Sanderson Proposed Development Carport Addition to an Existing Single Dwelling with a Reduced Front Setback - Common Number 1804778 CR:sv dated 11 June 2010

(Continued on next page…)

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Delegated Authority (…Continued from previous page) xx) Lot 7524 (65) O’Ferrals Road Bayview Town of Darwin Proposed Development –

Changes to the Development Approved by DP09/0479 to Add a Verandah to an Approved Multiple Dwelling (Unit 1) Plus the Addition of 1 Visitor Car Parking Space - Common Number 1801677 CR:sv dated 11 June 2010

xxi) Lot 9731 (105) Rocklands Drive, Tiwi, Town of Nightcliff Proposed Development: Clearing of Native Vegetation - Common Number 1815127 CR:sv dated 25 June 2010

xxii) RE-ADVERTISED – Lot 9742 (107) Dick Ward Drive Coconut Grove Town of Nightcliff Proposed Development: - Additional of a 10 Bed Supporting Accommodation Building to an Existing Approved Development - Common Number 1790515 RB:sv dated 11 June 2010

DECISION NO.20\() (07/07/10)

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12 GENERAL BUSINESS

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open section - city of darwin

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