ORDINARY MEETING 4

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Agenda – Ordinary Meeting 29 January 2014 - #4230203

ORDINARY MEETING

29 JANUARY 20144

MATERIAL CHANGE OF USE (IMPACT) –– MULTIPLE DWELLINGS /HOLIDAY ACCOMMODATION / RESTAURANT / SHOPPING FACILITIES (0-500M²) / BUSINESS FACILITIES AT 6-8 TRINITY BEACH ROAD,TRINITY BEACH – DIVISION 9

Gerard Rosse : 8/8/1293 : #4069610 V2

PROPOSAL: MULTIPLE DWELLINGS / HOLIDAY ACCOMMODATION / RESTAURANT / SHOPPING FACILITIES (0-500M²) / BUSINESS FACILITIES

APPLICANT: SWEET CREEK PTY LTD C/- EDGE ARCHITECTUREPO BOX 7069CAIRNS QLD 4870

LOCATION OF SITE: 6-8 TRINITY BEACH ROAD

PROPERTY: LOTS 4 AND 5 ON RP709732

PLANNING DISTRICT: CAIRNS BEACHES

PLANNING AREA: COMMERCIAL

PLANNING SCHEME: CAIRNSPLAN 2009

REFERRAL AGENCIES: NONE

NUMBER OF SUBMITTERS: THREE (3) PROPERLY MADE SUBMISSIONS

STATUTORY ASSESSMENTDEADLINE: 31 JANUARY 2014

APPLICATION DATE: 7 AUGUST 2013

DIVISION: 9

APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S)2. INFRASTRUCTURE CHARGES NOTICE3. SUPPORTING INFORMATION

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LOCALITY PLAN

RECOMMENDATION:

That Council approves the development application for Multiple Dwellings, Holiday Accommodation, Restaurant, Shopping Facilities (0-500m²) and Business Facilities over land at 6-8 Trinity Beach Road, Trinity Beach, subject to the following conditions:

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 Date

Site Plan Edge Architecture 341 SK1004 DA03 25 November 2013Site Sketch 01 Edge Architecture 341 SK1005 DA03 25 November 2013Site Sketch L1 Edge Architecture 341 SK1006 DA03 25 November 2013Site Sketch L2 Edge Architecture 341 SK1007 DA03 25 November 2013Plan L1 Ground Edge Architecture 341 SK2001 DA03 25 November 2013Plan L2 First Floor Edge Architecture 341 SK2002 DA03 25 November 2013Plan L3 Second Floor

Edge Architecture 341 SK2003 DA03 25 November 2013

Building Elevations Edge Architecture 341 SK3001 DA03 25 November 2013Building Sections Edge Architecture 341 SK4001 DA03 25 November 2013

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Sketch Images Edge Architecture 341 SK Images 01 DA03

25 November 2013


25 November 2013


25 November 2013


25 November 2013


25 November 2013


25 November 2013

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;

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.

Water Supply and Sewerage Works External

3. Undertake the following water supply and sewerage works external to the site to connect the site to existing water supply and sewerage infrastructure:-

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

b. Augment existing sewers and pump station downstream of the site, to the extent required to accommodate the increased flows generated by the development.

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The external works outlined above require approval from Council in accordance with Engineering Works on Roads. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

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;

b. Water supply sub-metering must be designed and installed in accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008;

c. Any redundant sewer infrastructure shall be decommissioned and removed.

All the above works must be designed and constructed in accordance with the FNQROC Development Manual.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Damage to Infrastructure

5. In the event that any part of Council’s existing sewer/water 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 must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Vehicle Wash Bay

6. Any vehicle wash bay must be roofed and bunded and wastewater discharged through a silt pit to sewer or as otherwise agreed by the Chief Executive Officer.

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Refuse Storage

7. Refuse storage is to be by bulk bins only and 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.

8. The refuse bin enclosure must be roofed and bunded and fitted with a bucket trap unless fully enclosed.

Liquid Waste Disposal

9. 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.

Limitations on Balcony Screening

10. Street frontage balconies are not to be screened by shutters, glazing, louvres or similar permanent structures to a greater extent than twenty-five per cent of their horizontal dimension.

Air-Conditioning Screens

11. Air-conditioning units located above ground level and visible from external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Landscaping Plan

12. The site must be landscaped in accordance with details included on a Landscaping Plan. The Landscaping Plan must show:

a. The species and management of the vegetation proposed of setback areas where identified. This should include details on the means of irrigation, maintenance and drainage.

b. The species and management of the vegetation proposed to hang over the western boundary walls adjacent to Lot 0 on BUP70128 (Roydon Apartments) and southern boundary walls adjacent to Lot 6 onRP709732. This should include details on the means of irrigation, maintenance and drainage.

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Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer. The approval and completion of 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. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Vehicle Parking

13. The amount of vehicle parking must be as specified in Council's Planning Scheme which is a minimum of 20 spaces of which 2 must be provided as visitor 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. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Parking Signage

14. Erect signs advising of the location of the off-street visitor parking area and access thereto. The signs must be erected prior to Commencement of Use. One (1) sign must be located on the Trinity Beach Road frontage.

Parking Management Plan

15. The Applicant must submit to Council a plan of how parking is to be managed on the site for future operation. This plan must include the following:

a. Details on how the layout and allocation of spaces is capable of meeting the requirements of the final layout of land uses on the site;

b. Details of any specific allocation of spaces for the different land uses; and,

c. Details of the proposed garage/barrier door and the timing associated with its operation;

d. If developed concurrently with development approval 8/8/1248 on the adjacent site, the requirements of Condition 17 (a), (b) and (c) must consider both sites.

The Plan is to be submitted to Council, to the satisfaction of the Chief Executive Officer, prior to the issue of a Certificate of Classification or the Commencement of Use, whichever occurs first.

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Bicycle Parking

16. Provide secured, on-site bicycle parking in accordance with Table C2.7 of the AUSTROADS of Guide to Traffic Engineering Practice Part 11 – Parking.The bicycle parking area must be constructed prior to Commencement of Use.

Internal Vehicle Movements and Access

17. An appropriate traffic management treatment is required to control opposing vehicle movements on the one-lane ramp, to ensure safe vehicular access to and from the upper floor car park. This should be in the form of the signalised treatment detailed in the ARUP report dated 27 September 2013 or another similar treatment that achieves the same objective to the satisfaction of the Chief Executive Officer prior to the issue of a Development permit for Building Work.

Refuse Collection Access Management

18. The refuse collection area on the western boundary must be designed so that trucks can enter the site in forward gear and exit in reverse to avoid any potential conflict with traffic flow unless otherwise agreed to by Council.

Lockable Storage

19. Provide each Residential unit with a minimum of 2.5 m² (minimum five (5) m³ volume) of lockable storage space conveniently located with respect to car accommodation.

External Works

20. Undertake the following works external to the land at no cost to Council:

a. Construct the footpath of approved surface and treatment from the building to the street frontage for the full length of the property in accordance with FNQROC Development Manual Standard Drawing S1035. Where required kerb ramps must be appropriately graded so as not to create a hazard and where required, be fitted with Tactile Ground Surface Indicators in accordance with Australian Standard AS1428.4: 2002 Design for Access and Mobility Part 4: Tactile Indicators;

b. Any stepped kerb must be finished in accordance with the FNQROC Development Manual Standard Drawing S1035 with provision made for ramps to the finished road surface level at points approved by Council;

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c. Provision of a concrete crossover in accordance with FNQROC Development Manual Standard Drawing S1015 for the entry point for theproposed refuse collection area. The dominant grade of the crossover should be that of the adjacent pedestrian footpath to maintain safe pedestrian function of the footpath.

d. Make good the kerb(s) at redundant crossover(s);

e. Street lighting is to be upgraded to Lighting Category V5 along the Trinity Beach Road frontage. The new Rate 2 street lighting is to be designed in accordance with Section D8 of FNQROC Development Manual and the relevant Road Lighting Standard AS/NZS 1158 integrating with the lighting scheme for Lots 1-3 on RP709732. Lighting columns are to be of steel construction with Metal Halide luminaires and underground service.

f. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development;

All works in the road reserve need to be properly separated from pedestrians and vehicles, with any diversions adequately signed and guarded. Particular attention must be given to providing safe passage for people with disabilities ie the provision of temporary kerb ramps if pedestrian diversions are necessary.

The external works outlined above require approval from Council in accordance with Local Law No.1 (Administration) and Local Law No.4 (Local Government Controlled Areas, Facilities and Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Lighting

21. 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.

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Lawful Point of Discharge

22. 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

23. The proposed development is not to create ponding nuisances and/or concentration of stormwater flows to adjoining properties.

Sediment and Erosion Control

24. 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).

Details of Development Signage

25. The development must provide clear and legible signage incorporating the street number for the benefit of the public.

Construction Signage

26. Prior to the commencement of any construction works associated with the development, a sign detailing the project team must be placed on the road frontage of the site and must be located in a prominent position. The sign must detail the relevant project coordinator for the works being undertaken on the site, and must list the following parties (where relevant) including telephone contacts:

a. Developer;b Project Coordinator;c. Architect / Building Designer;d. Builder;e. Civil Engineer;f. Civil Contractor;g. Landscape Architect

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Amalgamation of Lots Required

27. The applicant/owner is to ensure that the subject lots are held together as one site for the duration of the approved land use. This is to be achieved through the amalgamation of Lots 4 and 5 on RP709732 into one (1) lot. The Plan of Survey must be registered with the Department of Natural Resources & Mines and a new certificate of title issued at the applicant's/owner's cost prior to Commencement of Use.

Electricity and Telecommunications

28. All existing overhead electricity and telecommunication services along Trinity Beach Road must be placed underground to the full extent of the development’s frontage. Where the electrical load of the development necessitates the installation of a transformer as part of any required Network upgrade by Ergon Energy then a padmount transformer substation is to be installed within the development site.

Written evidence of negotiations with Ergon Energy and the telecommunication authority must be submitted to Council stating that both electricity supply and telecommunications service will be provided to the development and where required that the proposed location and housing of the padmount transformer is appropriate.

The DA condition relating to the street lighting and electricity supply must be provided to Ergon Energy at the same time as the application for power supply.

Health Requirements

29. Premises intended to be used for the storage, preparation, handling, packing and/or service of food must comply with the requirements of the Food Act 2006 and the Food Standards Code.

30. Noise from air-conditioning units, swimming and spa pool filters, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of Chapter 8 Part 3B of the Environmental Protection Act 1994.

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Development Sequencing

31. If the Development on Lots 4 and 5 on RP709732 (8/8/1293) is developed concurrently with the Development on Lots 1-3 on RP709732 (8/8/1248), one of the following is required to occur:

a. The applicant/owner is to amalgamate Lots 1-5 on RP709732 into one (1) lot. The Plan of Survey must be registered with the Department of Natural Resources & Mines and a new certificate of title issued at the applicant's/owner's cost prior to Commencement of Use.

OR

b. Create a reciprocal Access Easement to allow vehicle access and on-site manoeuvring reflecting the Approved Edge Architecture Plans entitled Site Sketch’s 341 SK1006 and SK1007 dated 25 November 2013 and approved arrangement for Lots 1-5 on RP709732 to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

OR

c. That a Volumetric Building Format Plan is registered over Lots 1-5 on RP709732 that identifies the shared access as common property between the two developments to the requirements and satisfaction of the Chief Executive Officer. A copy of the Building Format Plan must be submitted to Council for approval. The Building Format Plan must be registered with the Department of Natural Resources & Mines and a new certificate of title issued at the applicant's/owner's cost prior to Commencement of Use.

32. If the Development on Lots 4 and 5 on RP709732 (8/8/1293) is NOT developed concurrently with the Development on Lots 1-3 on RP709732 (8/8/1248) the applicant/owner is required to submit a request to change application for 8/8/1293 to reflect an amended design for the proposal that is independent of the adjacent development (8/8/1248). Design considerations for the change are to address access to the site, parking arrangements and the design of the eastern boundary of the development that adjoins Lot 1-3on RP709732.

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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 the Sustainable Planning Act 2009Sustainable Planning Act 2009 and 3.5.21 of the Integrated Planning Act 2007.

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.

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.dsdip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

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EXECUTIVE SUMMARY:

Council is in receipt of a Development Application for Multiple dwellings / Holiday Accommodation / Restaurant / Shopping Facilities) / Business Facilities.

In May 2013 Council approved a Mixed Use Development (DA 8/8/1248) for Multiple Dwellings / Holiday Accommodation / Restaurants / Shopping Facilities and Business Facilities adjacent to the subject site on the corner of Trinity Beach Road and Vasey Esplanade. This current Impact Assessable application proposes the establishment of a 10.5 m high, three (3) storey structure which contains 9 Multiple Units/Holiday Accommodation, 2 x Retail / Restaurant / Office tenancies and car parking and ancillary service facilities which is integrated with the previously approved development via built form, shared car parking and access arrangements. A conceptual view of the two developments is outlined below:

The subject application underwent Public Notification whereby a total of three (3) properly made submissions were made.

The primary issues of non-compliance with the CairnsPlan relate to building setbacks and the provision of car parking spaces on the site.

Overall the proposal integrates built form with the approved adjacent development providing similar setbacks.

With regards to the provision of car parking on the site, it is noted that the proposed development only has a shortfall of 3 spaces (23 required – 20 provided) which is considered acceptable.

While acknowledging there are issues of non-compliance with the development, it is considered that the proposal meets the intent of the Planning Scheme in the locality and therefore recommend the application be approved subject to conditions.

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TOWN PLANNING CONSIDERATIONS:

Background

The subject site is contained within the Commercial Planning Area under the CairnsPlan 2009 located at 6-8 Trinity Beach Road, Trinity Beach. The site encompasses a total area of 914m².

Council at its Planning & Environment Committee Meeting of 8 May 2013 approved a Mixed Use Development (ref: 8/8/1248) for Multiple Dwellings / Holiday Accommodation / Restaurants / Shopping Facilities (0-500m²) and Business Facilities. This approval was for the development on the corner of Trinity Beach Road and Vasey Esplanade (Lots 1-3 on RP709732) and involved access from Trinity Beach Road.

This current application adjacent to the previously approved development involves the addition of built form across Lots 4 and 5 on RP709732 and contains elements of built form, access and parking that integrates with the above approved adjoining development.

A separate application to change the existing approval (DA 8/8/1248) on the adjacent site has been concurrently submitted with this new application. The changes to the adjoining development approval will facilitate integration with the subject proposal.

Proposal

The application before Council proposes the establishment of a 10.5m high (9.2m to the underside of the ceiling of the topmost level of the building), three (3) storey structure which contains the following:

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9 Multiple Dwelling / Holiday Units – 3 x 3brm units; 5 x 2brm units; & 1 x 1brm unit;

2 x Tenancies for a future use that can accommodate either Shopping Facilities / Business Facilities / Restaurant uses with a total GFA of 233m²; and

Car parking spaces and ancillary service facilities on the ground floor with a ramp up to further car parks on the first floor. Overall the proposal provides for 20 car parking spaces over 2 levels.

The nine (9) units have been designed such that they can function as either permanent residential units or for holiday accommodation. The eventual use for the nominated Commercial spaces is also unknown and consequently they have been nominated as being for Shopping Facilities, Restaurants and or Business Facilities as defined by CairnsPlan 2009. The proposal is identified as “Impact Assessable” development under the Planning Scheme.

Access to the site is proposed via the neighbouring development (DA 8/8/1248) on Lots 1, 2, & 3 RP709732 whereby vehicle access and vehicle circulation are integrated between the two developments to enable only one access point off Trinity beach Road.

The applicant suggests that this arrangement aims to benefit the streetscape and provide an opportunity for cross utilisation of car parking across the two developments.

The building form has been designed to present a tropical contemporary mixed use development in line with the character of the streetscape and promoting natural ventilation throughout the building.

CairnsPlan Assessment

CairnsPlanBarron Smithfield Planning District

Code Applicability Compliance

Planning Area Commercial Conditioned to ensure Compliance

Land UseMultiple Dwellings / Holiday Accommodation Conditioned to ensure Compliance

Shopping & Business Facilities Conditioned to ensure Compliance

General

Excavation and Filling Code Conditioned to ensure Compliance

Infrastructure Works Code Conditioned to ensure Compliance

Landscaping Code X(See comments below)

Parking & Access Code X(See comments below)

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COMPLIANCE ISSUES

Commercial Planning Area Code

Height

With a maximum height of 9.2 m to the underside of the roof, the development is within the height limit of 10m within the Cairns Beaches Locality prescribed for the Commercial Planning Area.

Front Setbacks

The development is proposed to be built to the boundary on Trinity Beach Road on the ground floor. Officers consider that the prescribed 6m setback to the street stipulated by the Commercial Planning Area Code is unwarranted for the ground floor and out of character for the locality and the approved development adjacent to the site.Furthermore it is noted that the existing commercial buildings in the locality are addressed to the street, with awnings constructed out to the kerb. The retention of this scenario is viewed as the best outcome for both architectural merits and pedestrian amenity. This is an outcome also advocated by the Shopping and Business Facilities land use code.

With regards to setbacks for the first and second floors of the development, the relevant performance criteria states that ‘siting of buildings must contribute to the desired amenity of the area and protect the amenity of other land uses’. Officers consider that the amenity of the neighbouring unit development, being the Roydon holiday apartments, would be more diminished by the full height of a fully compliant structure.

The vast majority of the first and second floors are setback in excess of 2m with large verandas and open voids accompanied by proposed screening landscaping delivered to boundary.

Side Setbacks

The Planning Scheme prescribes as an Acceptable Measure, that buildings be set back 2.5m on the side or rear boundaries or 1/4 of the height of the building where the site adjoins Residential land. Given the synergies with the adjacent approved development to the north (DA 8/8/1248) a 0m setback is considered appropriate given the meshing of built form between the sites.

The outermost extremities of the level 1 and 2 of the building lie within 0.5m for most parts and down to 0m off the side and rear boundaries to Lot 0 on BUP70128 (Roydon holiday apartments). The bulk of the structure however, being the Multiple Dwellings lie between 3 and 4 metres off this boundary. Concern was raised with the impacts of vehicle lights impacting on the units on Lot 0 on BUP70128 (Roydon Apartments) however the applicant has amended the design to provide a screening wall accompanied by landscaping to minimise any potential impacts of noise and/or headlight spillage to the neighbouring units.

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Built Form

The Commercial Planning Area Code specifies as a Performance Criteria that buildings be ‘responsive to the tropical climate by taking into account prevailing breezes and solar orientation’.

The components of built form clearly focus on the local weather and climate. Awnings, roof overhangs and louvre screens have all been incorporated to promote ‘consistency of architectural expression during periods of good and poor weather conditions’. The large verandahs are purposeful in capitalising on the site south easterly orientation to the trade winds.

Multiple Dwelling and Holiday Accommodation Code

Built Form

Given the mixed use nature of the development and the constraints to parking, there was an obvious limitation on the number of units possible to be accommodated on the site. The positive outcome of this has been a commercial focus on quality rather than yield. The units proposed include significant outdoor areas and an emphasis toward the active use of both inside and outside space.

Each unit is clearly delineated from those around it via built form and orientation

Services and Amenity

The Code also stipulates that a minimum of 35% of the site is communal landscaped and recreation area. The application does not meet this requirement. However, given its location directly opposite the beach and the prevalence of private functional outdoor space it is considered appropriate in this circumstance. The proposal represents an example of suitable landscaping and screening for the proposed uses, and it noted this is a better outcome than a standalone commercial building that could occur on the site under the Planning Scheme provisions. The application has also been conditioned to provide a secure storage area for each unit.

Shopping & Business Facilities Code

The code specifies that shopping facilities have a desirable streetscape and a high level of amenity. In this instance, Council officers view the ground floor layout of the proposal, with its mix of land uses and large open footpaths as the optimal mixed use commercial outcome. The footpath in front of the commercial tenancies orientated to Trinity Beach Road is considered to represent positive outcomes for pedestrian mobility and passive activity.

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Landscaping Code

Given the 90+% site coverage, the focus for the landscaping has been placed on generating greening elements of detail and making those elements of the design that are less visually attractive. Council officers are supportive of the proposed landscaping on the various levels and the hanging vegetation that is proposed to help provide screening to the units to the west is conditionally encouraged.

Furthermore, the application has been conditioned to provide a full landscaping plan, prepared by a suitably qualified landscape architect, detailing the species and management of these features. This includes the irrigation, maintenance and drainage of landscaping given that the ongoing maintenance of the landscaping will be an important means of maintaining amenity to adjoining properties.

Parking & Access Code:

A review of the required car parking over the subject site for this application, the adjacent site (for which access is provided from) and both sites combined has been undertaken. Given the two sites will utilise shared car parking for the commercial component of the development an assessment against the overall parking for sites is warranted. Notwithstanding it is noted that the previously approval for Lots 1-3 on RP709732 (DA 8/8/1248) was significantly short on required car parking (some 48%) and the revised proposal for that site has now included a further 5 Car parks to reduce the overall short fall of the required parking spaces.

A summary of the required and provided parking for the subject development and overall between both sites is outlined below:

Overall between the two sites demand for car parking as outlined by the CairnsPlan requires a total of 64 spaces between the two site and provision 46 spaces is proposed, an overall shortfall of 28% below the required number of spaces.

The previous Planning Report for Lots 1-3 on RP709732 (DA 8/8/1248) noted the following when advocating for the proposed car parking shortfall:

The main source of patrons for the restaurants and the business uses will likely be from the multiple dwellings, holiday accommodation and local residences situated within walking distance from the proposal;

Land Use Parking Demand Land Use Parking Demand

Multiple Dwellings / Holiday Accommodation 18.25 spaces Multiple Dwellings / Holiday Accommodation 38 Spaces

Total Number Required 23 spaces Total Number Required 64 Spaces

Total Number Provided 20 Spaces Total Number Provided 46 spaces

Shortfall 3 Spaces (13%) Overall Shortfall 24 Spaces (28 %)

Propsoed Development 8/8/1293 Overall Parking (over both sites with proposed change to existing approved adjacent development 8/8/1248)

Shopping Facilities / Business Facilities / Restaurant Shopping Facilities / Business Facilities / Restaurant4.9 spaces 26 Spaces

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The proposal lies 25m from a bus station allowing easy access to public transport;

The existing Restaurants on the site and in Trinity Beach contribute minimal/nil off-street car parking;

Street parking along the beachfront is predominantly utilised on fine weather days prior to sunset. The street parking is available for non-beach activities after sunset, when the restaurants will be operating at their peak;

There is likely to be strong cross-utilisation of patrons enjoying the beach and frequenting the restaurants and potential take-away outlets;

Pedestrian access along Vasey Esplanade, to the north of the proposal would benefit from the construction of a footpath. The proposal overall would improve pedestrian access in and around the beachfront. Allowing greater circulation and potentially more cross utilisation of activities;

Like other businesses and restaurants operating on Trinity Beach, a percentage of staff employed within the businesses are generally local residents and are within walking distance of the site;

The willingness of restaurant patrons to park in any designated off-street parking structure is unknown.

It is considered the above grounds do relate largely to the new application, but it is noted that the proposed development only has a shortfall of 3 spaces for the proposal which equates to a shortfall of 13% unlike the adjacent development which had an approved shortfall of some 48%.

Officers consider the revised adjacent proposal that provides access to the subject site as a good outcome for the proposed development as the revised internal access now allows the provision of an additional 5 spaces to services the adjacent development, reducing its shortfall in car parking spaces as originally approved.

Given the proposed cross utilisation of parking between land uses across both sites a Condition requiring a Parking Management Plan for the proposal has been included.The Parking Management Plan must demonstrate how parking is to be managed on the site and the adjacent Lots 1-3 on RP709732 for the future operation of land uses. The Condition requires the plan to include details on how the layout and allocation of spaces is capable of meeting the requirements of the final layout of different land uses on the site, details of any specific allocation of spaces for the different land uses and provide details of the proposed garage/barrier door and the timing associated with its operation.

Conditions relating to access arrangements between two developments has been included which include multiple options for lawful access to be established and maintained, along with an option if the adjacent development does not occur. Similar conditions have been included in the change to the existing adjoining approval.

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A Condition requiring a Traffic Management Plan has also been included that requires the applicant to work with Council in supplying a traffic management plan for the road network immediately adjacent the site that will include details on road treatments, finishes and other external works. It is noted, as with the adjacent development, a combined approach from Council and the developer has potential to greatly improve the localised traffic and pedestrian environment in the locality.

PUBLIC NOTIFICATION / SUBMISSIONS

The application underwent Public Notification from 1 October 2013 to 21 October 2013. During this time a total of three (3) properly made submissions were received. Asummary of the key issues raised and commentary on these is as follows:

Issue

The submitter objects to the development of the site on the grounds of a headlight problem will occur by the proposed level 2 parking arrangements for neighbouring Roydon Apartments. In particular, the submitter notes that the parking arrangements on the subject site on level 2 of the proposed development will result in headlights lighting up the living area and master bedroom of some Roydon apartments.

Officer Comment

In response to the above issue the applicant has proposed an amendment to the design to enclose the vehicle access ramp and access to parking bays to reduce noise, vehicle headlight spillage and vehicle exhaust. The enclosure does retain higher level aperturesfor natural light and ventilation and also increases the garden beds on level threepromoting further opportunity for vegetation on the façade and screening betweenneighbouring properties.

Issue

The submitter requests further consideration of parking, parking noise, vehicle fumes, limited and restricted parking and/or lack of parking, suitable access.

Officer Comment

The item of parking and access has been addressed as part of the CairnsPlan Assessment (Parking and Access Code) section of this report. Furthermore the applicant has proposed a slight amendment to the design to enclose the vehicle access ramp and access to parking bays to reduce noise, vehicle headlight spillage and vehicle exhaust. The enclosure does retain higher level apertures for natural light and ventilation and also increases the garden beds on level three promoting further opportunity for vegetation on the façade and screening between neighbouring properties.

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Issue

The submitter requests further consideration of lighting, security and the impacts on amenity resulting from rubbish disposal.

Officer Comment

In response to the above issue the applicant has amended the design to relocate the loading bay and refuse collection facilities to the western side of the property, reducing vehicle movements within the internal car parking areas and reducing any possiblenoise and amenity impacts to adjacent properties. Relevant lighting conditions have been included and security is a matter for landowner of the site.

Issue

The submitter raises concern with resulting cooking fumes, extractor fan noise and air-conditioning compressor noise and the impacts these items will have on adjoining properties.

Officer Comment

With regards to noise impacts, a Condition has been included that states that noise from air-conditioning units, swimming and spa pool filters, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994.

With regards to cooking fumes, all mechanical ventilation including restaurant extractor fans must comply with the relevant Australian Standards (AS 1668.2-2002 - The use of ventilation and air-conditioning in buildings) to ensure impacts on adjoining properties does not occur. This is required to occur during the Building Certification process for the design of the building. Officers also note that given the presence of residential units on the site it will be in the interests of all parties to have ventilation well addressed.

HEADWORKS / CONTRIBUTIONS:

The proposed development triggers Developer’s Headwork’s Contributions. Refer to Appendix 2 to view calculations.

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Gerard RossePlanning OfficerAction Officer

Graham BoydManager Development & Regulatory Services

Kelly Reaston General Manager Planning & Environment

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

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APPENDIX 2 – INFRASTRUCTURE CHARGES NOTICE

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APPENDIX 3 - SUPPORTING INFORMATION

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ORDINARY MEETING 4

Documents

Transcript of ORDINARY MEETING 4