planning and environment committee 6...2016/11/09 · following the removal, stump grinding is the...

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Agenda – Planning and Environment Committee 9 November 2016 #5250754

PLANNING AND ENVIRONMENT COMMITTEE

9 NOVEMBER 20166

OPERATIONAL WORKS (VEGETATION DAMAGE AND REMOVAL) – 122 LAKE STREET CAIRNS CITY – DIVISION 5

Raymond Wong | 8/10/460 | #5237735v2

PROPOSAL: OPERATIONAL WORKS (VEGETATION DAMAGE AND REMOVAL)

LAND OWNER: BRCP OASIS LAND PTY LTD

APPLICANT: BRCP OASIS LAND PTY LTD122 LAKE STREET CAIRNS CITY

LOCATION: 122 LAKE STREET CAIRNS CITY

PROPERTY: LOT 202 ON SP210231

PLANNING SCHEME: CAIRNSPLAN 2016

ZONE: TOURIST ACCOMMODATION

REFERRAL AGENCIES: NOT APPLICABLE

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENTDEADLINE: EXPIRED

APPLICATION DATE: 15 AUGUST 2016

DIVISION: 5

APPENDIX: 1. APPROVED PLAN2. TREE CONDITION REPORT (1)3. TREE CONDITION REPORT (2)

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LOCALITY PLAN

RECOMMENDATION:

That Council approves the Development application for Operational Works (Vegetation Damage and Removal), over land described as Lot 202 on SP210231 located at 122 Lake Street, Cairns City subject to the following:

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

Drawing or Document Reference DateTree Condition Report (1) by AAA Arbor Assessment Advice & Landscape Solutions

DM #5188709 12 August 2016

Tree Condition Report (2) by AAA Arbor Assessment Advice & Landscape Solutions

DM #5229447 20 September 2016

ASSESSMENT MANAGER CONDITIONS

1. The applicant is to undertake works in accordance with the specifications, facts and circumstances in the approved documents in Appendices 1 – 3.

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Timing of Effect

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

Pruning of Amenity Trees

3. Vegetation damage or removal of trees provided for under this approval is to be in accordance with the requirements of the Australian Standard Pruning of Amenity Trees AS 4374-2007.

Specific conditions for Vegetation Damage

4. Vegetation damage may be underaken in accordance with the following:

a. the canopy of Calophyllum inophyllum, (Beach Calophyllum) may be reduced a maximum of 20%. Processes will alleviate the weight of larger limbs by lifting and pruning the limbs growing into the traffic exit lane, hotel entrance lane, the service ramp and dock. Crown lift has been defined as the removal of the lower branches to allow the unhindered passage or pedestrians and vehicles.

b. the canopy of Mangifera indica, (Mango) may be reduced a maximum of 20% of the canopy by lifting and pruning the limbs within close proximity to the hotel.

c. the canopy of Delonix regia, (Poinciana) may be reduced a maximum of 20% of the canopy by lifting and pruning branches leaning over traffic areas, into infrastructure and that are heavy for the location.

Specific Conditions for Vegetation Removal

5. The Cassia javanica (Apple Blossom) may be subject to the following:

a. Following the removal, stump grinding is the required treatment for the base, to a maximum of 100mm depth to ensure protection to the Tree Protection Zone and Structural Root Zone of the Mangifera indica. No root grinding is permitted.

6. The Cocos nucifera, (Coconut tree) may be removed.

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Notification of Works

7. Council must be advised of the commencement date in writing and an approval obtained for the approved tree damage and removal (2) working weeks prior to the proposed date of commencement.

Prior to the commencement of any works, the applicant must clearly identify the trees requiring maintenance and provide a sign placed on the road frontages of the site. The sign must contain details of the project, including

a. Approximate date of works occurringb. Nature of the approved workc. Project coordinator named. Project coordinator contact number

Traffic/Pedestrian Management Plan

8. A Traffic/Pedestrian Management Plan in accordance with the Department of Transport and Main Roads Manual of Uniform Traffic Control Devices (Part 3 – Works on Roads) is to be prepared and endorsed by a suitably qualified Traffic Management Designer and submitted to Council. A Traffic/Pedestrian Management Plan is to be established prior to any works being carried out in part of the road reserve to ensure the safety of the normal flow of traffic on the road or deviation of pedestrians.

Damage to Council Infrastructure

9. In the event that any part of Council’s existing sewer / water or road infrastructure is damaged as a result of vegetation clearing activities occurring on the site, including but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owners/builders cost.

10. The applicant/owner must remove all soil and woodchip material from pathways, roads, kerb and channel that may occur during and immediately post the approved vegetation clearing works.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

No relevant Concurrence Agencies identified.

FURTHER ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse two (2) 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. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

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

4. Existing vegetation on the subject site not covered by this approval must be retained in accordance with the requirements of the Australian Standard Protection of Trees on Development Sites AS 4970-2009.

5. This approval does not negate the requirement for compliance with other relevant State and Federal statutory requirements, particularly with respect to the disturbance of Spectacled Flying Fox communities. For further information consult with the Queensland State Department of Environment and Heritage Protection and the Federal Department of the Environment.

6. An inspection to determine the possible presence of native wildlife shall be undertaken by a suitably qualified person prior to the removal of any tree and/or vegetation as per the requirements of Sect. 332 of the Nature Conservation (Wildlife Management) Regulation 2006. The Department of Environment & Heritage Protection should be contacted if native wildlife is found to be present.

EXECUTIVE SUMMARY

Council is in receipt of a Development Application for Operational Works (Vegetation Damage and Removal) over the land at 122 Lake Street Cairns City, Novotel Oasis Resort.

The proposed development is Code Assessable under the CairnsPlan 2016 Planning Scheme and public notification is not required. Council Officers have undertaken an assessment of the proposal against the relevant codes and provisions of the CairnsPlan2016 and recommend approval of the application, subject to conditions.

PLANNING CONSIDERATIONS

Background

The street block is bound by Lake, Aplin, Abbott and Florence Streets and takes in three lots, namely Lots 201, 202 and 203. The parent lot was previously occupied by the Cairns Central State School and operated up until its closure in 1994.

Following closure of the school, the land was privately purchased and an application was made for Holiday Accommodation Units. In January 1996, consent approval was given for a tall building comprising 322 accommodation units. This formed Stage 1 of a planned overall development of the site. Construction on Stage 1 was completed by mid-1997 (Council ref: 4188/95). The building is now known as the Novotel Cairns Oasis Resort.

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The Consent Permit included conditions relating to landscaping and screening, withpruning and removal occurring only where approval was provided by Council.

A Development Approval for a Reconfiguration of a Lot (2 Lots into 3 Lots) and an Easement was issued in August 2007 (Council ref: 8/13/767). The purpose of this approval was to create a lot for the Novotel Cairns Oasis Resort and create parcels either side of the resort. The Novotel Cairns Oasis now operates out of the central lot otherwise known as Lot 20 SP210231 and the other lots have been on-sold to other owners.

Proposal

The basis for the application is the reduced amenity of the local area and the present risk to infrastructure and public safety from four (4) tree species and one (1) palm.

The application proposes the removal of one (1) Cassia javanica, (Apple Blossom) and one (1) Cocos nucifera (Coconut tree) from Lot 202 Lake Street. The justifications provided by the project arborist were:

Cassia javanica exhibits poor health and instability; andCocos nucifera is posing damage to the pool and path infrastructure.

The application proposes vegetation trimming to reduce the canopy of one (1) Calophyllum inophyllum (Beach Calophyllum), one (1) Mangifera indica (Mango), and (1) Delonix regia (Poinciana). These species are interfering with vehicular and, pedestrian access. The fallen braches and potential dropping braches are a danger to infrastructure, pedestrians and vehicles.

The trees proposed for removal have been identified and an assessment on the species health from AAA, Arbour Assessment Advice & Landscaping Solutions, John Madderom (Head Arborist) is attached as Appendix 2. The Landscape Aerial Detail of the location of trees originally submitted with the original application is not approved as the 30% vegetation removal is not acceptable. Furthermore, additional information was required in support of the application which was subsequently provided by Dr Martin Cohen Wildlife Biologist, Wild about Australia. This information along with Arbour Assessment Advice & Landscaping Solutions additional Arborist Report substantiates the request for vegetation damage including which is attached as Appendix 3.

Other permits from the State and Federal governments may be required prior to works commencing. Notwithstanding this, the application before Council relates to the Operational Works and Council’s assessment is limited to the criteria contained in CairnsPlan.

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CairnsPlan 2016 Assessment

CairnsPlan2016 Code Applicability Compliance

Zone Tourist Accommodation

The applicant is to specifically detail the prescribe works to councils satisfaction and meet all relevant best practice guidelines for vegetation management.

Land Use None Applicable -

Overlays

Hillslopes -Vegetation Conservation & Waterway Significance -

Character Precinct -Potential or Actual Acid Sulphate Soil Material -

Bushfire Management -Flood Management -Height and Impact of Buildings -Operational Aspects of the Cairns International Airport -

Local Heritage Code -

General

Excavation and Filling Code -Infrastructure Works Code -Landscaping Code -Parking & Access Code -Reconfiguring a Lot Code -Development Near Major Transport Corridors & Facilities -

Vegetation Management Conditioned to Comply – refer to below discussion

Compliance Discussion

Vegetation Management Code

The application is assessable against the Vegetation Management Code. The applicant has stated justification for removal of the vegetation, citing risk to infrastructure, reduced amenity and public safety concerns.

Officer Comment

Retention of the vegetation around the periphery of this site originates from a condition on the 1996 Consent Approval for Stage 1 of the resort. The condition included a clause which allowed for the landowner to obtain subsequent Council approval for the removal of vegetation. During the construction of the original resort this clause was relevant and Council consented to the removal of a number of trees where building set-out and placement of services did not allow for their retention.

The site is not included within the Character Precinct, nor identified as Local Heritage Site. In this regard the Cassia and Coconut proposed for removal are not afforded heritage value. The Cairns City Heritage Study undertaken in 1994 by Allom Lovell Marquis-Kyle Pty Ltd makes reference the Cairns Central State School within the inventory. One of the elements of significance of the school noted in the inventory is the “numerous shade trees in the grounds [which] contribute to the aesthetics of the grounds.” The citation does not make specific reference to the Cassia, Coconut or other trees with respect value other than aesthetic.

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Officers are satisfied with the justification submitted for the removal of the vegetation on land of Lot 202 Lake Street. There is no requirement for additional landscaping.

Public Notification / Submissions

The application is Code Assessable and therefore not subject to Public Notification.

CONCLUSION

It is considered reasonable to approve the Operational Works subject to conditions.

Raymond WongSenior Development Engineer, Engineering Approvals & Inspections

Paul CohenActing Manager Licensing & Approvals

Peter BoydActing General Manager Planning & Environment

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APPENDIX 1 – AERIAL OVERVIEW OF SITEEXTRACT FROM #5188709

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APPENDIX 2 – TREE CONDITION REPORT (SUBMISSION 1)EXTRACT FROM #5188709

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APPENDIX 3 – ARBORIST REPORT SUBMISSION 2EXTRACT FROM #5229447

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planning and environment committee 6...2016/11/09 · following the removal, stump grinding is the...

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