planning and economic committee 1 - city of cairns · 11/11/2015 · agenda – planning and...

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Agenda – Planning and Economic Committee 11 November 2015 - #4928550

PLANNING AND ECONOMIC COMMITTEE

11 NOVEMBER 20151

MATERIAL CHANGE OF USE (IMPACT) SERVICE STATION (CAR WASH) – 1A & 2 CHELSEA LANE, REDLYNCH – DIVISION 6

Ian Elliott-Smith | 8/8/1406 | #4927354

PROPOSAL: SERVICE STATION (CAR WASH)

APPLICANT: C20 P/L & KC5 INVESTMENTS P/LC/-PLANNING FAR NORTHPO BOX 7801CAIRNS QLD 4870

LOCATION OF SITE: 1A & 2 CHELSEA LANE, REDLYNCH.

PROPERTY: PART LOT 1 SP270842 & LOT 2 SP270842

PLANNING DISTRICT: REDLYNCH VALLEY

PLANNING AREA: RESIDENTIAL 2

PLANNING SCHEME: CAIRNSPLAN 2009

REFERRAL AGENCIES: N/A

NUMBER OF SUBMITTERS: NONE RECEIVED

STATUTORY ASSESSMENTDEADLINE: 08/12/2015

APPLICATION DATE: 06/08/2015

DIVISION: 6

APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S)2. NOTICE OF INTENTION TO COMMENCE

USE3. ADOPTED INFRASTRUCTURE CHARGES

NOTICE

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LOCALITY PLAN

RECOMMENDATION:

That Council approves the Material Change of Use Development Application for a Service Station (Car Wash) over land described as part Lot 1 on SP270842 and Lot 2 on SP270842, located at 1A & 2 Chelsea Lane, Redlynch, subject to the following:

APPROVED DRAWING(S) AND / OR DOCUMENT(S)The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference DateProposed Site Layout prepared by TMC Building Design Group

15-020 DA, Issue B,Sheet 2 of 7

01/09/2015

Proposed Car Wash Layout prepared by TMC Building Design Group


01/09/2015

Auto Bay 2 and Wash Bay 1 Swept Path prepared by TMC Building Design Group


01/09/2015

Futsal

McDonald’s

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Drawing or Document Reference DateVac Bay 1 and Super Bay 1 Swept Path prepared by TMC Building Design Group


01/09/2015

Elevations prepared by TMC Building Design Group


01/09/2015

Sections prepared by TMC Building Design Group


01/09/2015

Landscape Concept Plan for Proposed Car Wash Facility prepared by GGI Landscape

L1505_150728 28/07/2015

Assessment Manager Conditions

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-

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

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval

Timing of Effect

2. The conditions of the Development Permit must be effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.

Notice of Intention to Commence Use

3. Prior to commencement of the use on the site, written notice must be given to Council that the development fully complies with this Development Permit. The Applicant must return the attached “Notice of Intention to Commence Use” form prior to the commencement of the use (Attached at Appendix 2).

Water Supply and Sewerage Works Internal

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

a. The development must be serviced by a single internal water and sewerage connection made clear of any buildings or structures.

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The above works must be designed and constructed in accordance with the requirements of the FNQROC Development Manual. All works must be carried out in accordance with the approved plans of development, to the requirements and satisfaction of the Chief Executive Officer prior to the commencement of use.

Detailed Landscape Plan

5. Submit a Detailed Landscape Plan generally in accordance with the Landscape Concept Plan (L1505_150728, prepared by GGI Landscape, dated 28/07/15).

The Detailed Landscape Plan must show:

a. existing landscaping features to be retained;

b. existing street trees located within Chelsea Lane which are to be either trimmed and shaped so as to not extend over the carriageway or removed and replaced with trees of similar maturity and planted on a different alignment so that such trees will not extend over the carriageway;

c. Landscaped areas adjoining parking areas must be protected by a 150 mm high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles;

d. the location and proposed species to be used for all new groundcovers, shrubs and trees; and

e. inclusion of any other relevant conditions included in this Development Permit. A copy of this Development Approval must be given to the Landscape Architect/Designer responsible for preparing the Detailed Landscape Plan.

Two (2) A1 copies and one (1) A3 copy of a Detailed Landscape Plan must be submitted to Council and endorsed by the Chief Executive Officer prior to the commencement of construction activities associated with the approved development.

All landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use, whichever occurs first. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

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Advertising Signage

6. Any advertising signage on the subject land must conform with relevant Local Law(s), to the requirements and satisfaction of the Chief Executive Officer.

Lighting

7. All lighting installed upon the premises including car parking areas must be certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

8. All lighting and landscaping requirements are to comply with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

9. All lighting devices installed on the premises must be designed and located such that they do not cause glare or nuisance to surrounding residential premises or motorists using Redlynch Connector Road.

Acoustic Impact

10. Noise associated with construction activities or operational activities including but not limited to the operation of mechanical plant and equipment must not cause an ‘environmental nuisance’ within the meaning of the Environmental Protection Act (1994) to any sensitive receptor as stated within Schedule 1 of the Environmental Protection (Noise) Policy 2008.

Hours of Operation

11. The approved use of premises is permitted to be undertaken 24 hours per day, 7 days per week.

Refuse Storage

12. Refuse storage is required to service the site in accordance with Council requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

13. The refuse bin enclosure must be roofed, bunded and fitted with a bucket trap.

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Liquid Waste Disposal

14. Trade waste discharge to sewer must meet the requirements of Cairns Water and Waste’s Trade Waste Environmental Management Plan (TWEMP). Detailed Hydraulic Plans must be provided accompanied by a report which demonstrates that the facility complies with the TWEMP and must be approved by Council prior to the issue of a Development Permit for Building Work. All measures for pre-treatment in accordance with the approved plans must be installed prior to Commencement of Use.

Vehicle Parking and Access

15. The amount of vehicle parking must be as per the approved plans of development, being a minimum of ninety nine (99) spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. All car parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

16. Provide certification from a Registered Professional Engineer Queensland (RPEQ) stating that the swept path diagrams (TMC Building Design Group Plan 15-020, Issue B, dated 01/09/2015) comply with the design requirements of AS2890.1 – 2004 Parking Facilities.

Drainage

17. All drainage pits are to connect to existing infrastructure in accordance with the requirements of FNQROC Development Manual.

Lawful Point of Discharge

18. All stormwater from the property must be directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Ponding and/or Concentration of Stormwater

19. The proposed development and any retaining walls are not to create ponding nuisances and/or a concentration of stormwater flows to adjoining properties.

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Sediment and Erosion Control

20. Soil and water management measures must be installed / implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Damage to Infrastructure

21. In the event that any part of Council’s existing road, sewerage, water or drainage infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner/developer must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced by Cairns Regional Council, at the applicant’s/owner’s/developer’s cost, prior to the Commencement of Use.

Storage of Machinery & Plant

22. The storage of any machinery, material and vehicles must not cause a nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

FURTHER ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act (2009), shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of section 339 and section 341 of the Sustainable Planning Act (2009).

2. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

Infrastructure Charges Notice

4. A charge levied for the supply of trunk infrastructure is payable to Council towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

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The amount in the Adopted Infrastructure Charges Notice has been calculated according to Council’s Adopted Infrastructure Charges Resolution.

Please note that this Decision Notice and the Adopted Infrastructure Charges Notice are stand-alone documents. The Sustainable Planning Act(2009) confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

The amount in the Adopted Infrastructure Charges Notice is subject to index adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Adopted Infrastructure Charges Notice.

5. For information relating to the Sustainable Planning Act (2009) log on to www.dilgp.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

LAND USE DEFINITIONS*

In accordance with CairnsPlan 2009, the approved land use of Service Station is defined as:

“The uses of premises for- The retail sale of motoring requirements such as fuels, lubricants, oils and

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

- The hire of a limited number of vehicles and trailers;- The washing of motor vehicles for a fee, including facilities provided for the

public to wash and clear the interior and exterior of their own vehicles.

The use includes facilities commonly described as a petrol station or car wash”.

*This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

EXECUTIVE SUMMARY:

Council is in receipt of a Development Application seeking a Development Permit for a Material Change of Use for a Service Station (Car Wash) at 1A & 2 Chelsea Lane, Redlynch.

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The site is within the Redlynch Valley District of CairnsPlan 2009 and is located in the Residential 2 Planning Area. The site is located off Chelsea Lane which is accessed from Larsen Road. The site directly adjoins the Redlynch Indoor Sports Centre, McDonalds restaurant and Coles Express Service Station. These uses have been established under two previous Development Approvals (Council References 8/30/95 and 8/30/183). The Redlynch Central Shopping Centre is located on the southern side of Larsen Road, approximately 150m from the subject site.

Whilst the subject site is currently designated within the Residential 2 Planning Area, the commercial intent of the site and those sites directly adjoining to the north and south is recognised through its proposed designation within the Mixed Use Zone, Commercial Precinct under the Draft Cairns Region Planning Scheme.

Given the previous approvals that have been obtained over the site which has established a non-residential character and Council’s intent to designate the site within the Commercial Precinct of the Mixed Use Zone under the Draft Cairns Region Planning Scheme, Officers recommend approval of the application subject to relevant and reasonable conditions.

TOWN PLANNING CONSIDERATIONS:

Background

The subject site has been subject to two (2) previous Development Applications over the parent land parcel which created the current allotments.

A combined application for a Material Change of Use for Development Permit for Indoor Sport and Entertainment and Tavern, Preliminary Approval for two (2) Restaurants and a Development Permit for Reconfiguring a Lot (1 Lot into 3 Lots plus Access Easements) was submitted to Council for approval in January 2008 (Council Reference 8/30/95). This application was ultimately approved by Council via a Negotiated Decision Notice issued in February 2009.

The Indoor Sport and Entertainment and one (1) Restaurant have been acted upon and are in use and the Reconfiguring a Lot component has been completed via the registration of Lots 1 – 3 on SP232850.

A further combined application for a Material Change of Use for Development Permit for a Service Station and Reconfiguring a Lot (Boundary Realignment, Access Easements and Lease) was submitted to Council for approval in April 2014 (Council Reference 8/30/183). This application was submitted over Lots 1 and 2 on SP232850 (two of the lots created under the above mentioned approval). The application was ultimately approved by Council in October 2014. Council was advised that the Service Station commenced use in December 2014. The Reconfiguring a Lot component of the application was also been acted upon through the registration of lots 1 and 2 on SP270842.

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The above applications and associated Development Approvals have resulted in a number of access easements being created within the subject land, namely Easements EA, BA and CA on SP270842.

Proposal

The application as submitted seeks a Development Permit for a Car Wash which is defined under CairnsPlan 2009 as a use associated with a Service Station.

The initial layout of the proposed Car Wash can be summarised as follows:

- 2 x manual wash bays;- 1 x manual ‘super’ wash bay (suitable for car and caravan);- 2 x automatic wash bays;- 2 x vacuum bays;- 1 x dog wash bay; and- associated ancillary facilities include general storage area, refuse storage area,

plant room and a vending/change facility.

Prior to the applicant commencing Public Notification, they submitted a change to the application which sought to expand the number of vacuum bays by 2 (for a revised total of 4) and provide an additional dog wash bay (2 in total). Officers considered the proposed changes to be minor in nature and not of such significance as to cause the assessment process to restart.

The vehicular washing facilities are contained within a single building of approximately 445m2 with the refuse storage area, vacuum bays and dog wash bays being located in a separate building of approximately 185m2. This represents a total site coverage of approximately 7%.

The proposed development will provide a total of ninety nine (99) car parking spaceswhich exceeds the parking required to be provided for the proposed Car Wash. Whilst the Applicant has provided excess car parking spaces over what is required under CairnsPlan 2009 for the proposed development, the additional spaces proposed will be utilised as part of the ultimate development intent for the site. Council will be able to assess the actual parking demand generated by the ultimate development at the time of submission of an application for such development.

The design of the vehicular wash bays allows sufficient room for the queuing of vehicles which are waiting to use the facility. The proposed queuing areas will not interfere with the overall operation of the facility.

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The Applicant has proposed that the facility will operate 24 hours per day, 7 days per week. Officers note that the adjoining Service Station currently operates from 5am to 10pm, 7 days per week and the Restaurant (McDonalds) generally operates from 6am to 10pm, 7 days per week. The proposed 24 hour operation of the facility is not considered to be detrimental to the locality given the adjoining land uses which also have the potential to operate 24 hours per day.

CairnsPlan 2009 Assessment

CairnsPlan 2009Redlynch Valley Planning District

Code Applicability Compliance

Planning Area Residential 2 Complies subject to conditions

Land Use Service Station Code Complies subject to conditions

Overlays

Hillslopes N/ACharacter Precinct N/AVegetation Conservation & Waterway Significance N/APotential or Actual Acid Sulphate Soil Material Application CompliesBushfire Management Application CompliesFlood Management N/AHeight and Impact of Buildings N/AOperational Aspects of the Cairns International Airport Application Complies

Local Heritage N/A

General

Infrastructure Works Code Complies subject to conditions

Excavation and Filling Code Complies subject to conditions

Landscaping Code Complies subject to conditions

Parking & Access Code Complies subject to conditions

Reconfiguring a Lot Code N/ADevelopment Near Major Transport Corridors & Facilities

Complies subject to conditions

Compliance Issues

The following section discusses the proposed developments non-compliance with relevant aspects of CairnsPlan 2009. The application has proposed alternative solutions to a number of performance criteria and their associated acceptable measures. Given the previously established intent for the immediate locality, Officers consider that the proposed development can satisfactorily achieve the intent of the relevant codes through the imposition of relevant and reasonable conditions.

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Residential 2 Planning Area Code:

In assessing the proposed development, the proposal may appear to be directly in conflict with the underlying Planning Area designation. However, Officers consider that through the approval and subsequent establishment of the previously discussed land uses including a Service Station, Restaurant and Indoor Sport and Entertainment venue on land directly adjoining the subject site and also designated within the Residential 2 Planning Area, a distinct non-residential character has been established on the subject land. This non-residential character is further reinforced through the designation of the site within the Commercial Precinct of the Mixed Use Zone within the Draft Cairns Region Planning Scheme.

Officers consider that the proposed development supports the purpose statements for the Residential 2 Planning Area insofar as the development assists in consolidating services for the local community in an existing non-residential area and which is distinctly separated from residential development to the west of the site. This consolidation assists in the retention of residential amenity within established residential areas and avoids potential land use conflicts.

Officers also note that the proposed development does not have an excessive scale or bulk and at a maximum height of 6.9m, is below the acceptable measure for building height of 7.5m within the Planning Area. The built form is considered to be reflective of the commercial uses established on the adjoining property and not out of character.

Given the above, Officers consider that the proposed development is appropriately justified in this particular circumstance.

Public Notification / Submissions

The application triggered Impact Assessment and was therefore subject to Public Notification. The Applicant conducted notification from 18 September 2015 through to 12 October 2015, with the notice of compliance being provided to Council on 13 October 2015.

No submissions were received during the public notification of the application.

Draft Cairns Region Planning Scheme

The Draft Cairns Region Planning Scheme is in the final stages of preparation, with adoption expected to occur, at this stage, in early 2016. Within the Draft Scheme, the site is designated within the Commercial Precinct of the Mixed Use Zone. This designation aims to “provide a mix of activities that may include business, retail, residential, tourist accommodation and associated services, service industry and low impact industrial uses”. Under the proposed Zone designation, the application would remain as Impact Assessable development.

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State Planning Policies

The Single State Planning Policy (SPP) includes interim development assessment provisions to ensure that where a local planning instrument i.e. CairnsPlan 2009 does not yet reflect the requirements of the SPP, that State Interests are appropriately considered by Local Government when assessing Development Applications.

Part E of the SPP provides the Interim Development Assessment Requirements which Council, as Assessment Manager, must consider when assessing a Development Application. A review of these requirements in relation to the current application indicates that the proposed development will not have an impact on a relevant State Interest.

Far North Queensland Regional Plan

The subject site is designated wholly within the Urban Footprint of the Far North Queensland Regional Plan 2009 – 2031. This designation supports the establishment of a range of urban activities and it is considered that the currently proposed development is consistent with the intent for such activities.

HEADWORKS / CONTRIBUTIONS:

The proposed development triggers infrastructure charges payable under Council’s Adopted Infrastructure Charges Resolution. A copy of the Adopted Infrastructure Charges Notice is provided at Appendix 3.

Ian Elliott-SmithPlanning OfficerAction Officer

Peter BoydManager Strategic Planning & Approvals

Kelly ReastonGeneral Manager Planning & Environment

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

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APPENDIX 2: NOTICE OF INTENTION TO COMMENCE USE

Development Permit

Sustainable Planning Act 2009

NOTICE OF INTENTION TO COMMENCE USE

Development Permit 8/8/1406

Date of Approval 11 November 2015

Approved Use Service Station (Car Wash)

Location 1A & 2 Chelsea Lane, REDLYNCH

Property Description Part Lot 1 and Lot 2 on SP270842

I/we are hereby notifying Cairns Regional Council of my/owe intention to commence theapproved use outlined above

on ___________________________________________ (insert date).

I have read the conditions of the Decision Notice issued and believe that all the applicableconditions have been complied with.

Applicant: _____________________________________

Address: ______________________________________

______________________________________

Contact Phone: ______________________________________

-------------------------------------------------------------Signature of Applicant/Owner

Date: ________________________

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APPENDIX 3: ADOPTED INFRASTRUCTURE CHARGES NOTICE

planning and economic committee 1 - city of cairns · 11/11/2015 · agenda – planning and...

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