PLANNING AND ECONOMIC COMMITTEE 1 - Cairns Regional … · 2014. 10. 6. · 5 Agenda – Planning...

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Agenda – Planning and Economic Committee 08 October 2014 - #4504883

PLANNING AND ECONOMIC COMMITTEE

08 OCTOBER 20141

COMBINED APPLICATION – MATERIAL CHANGE OF USE FOR SERVICE STATION & RECONFIGURING A LOT (BOUNDARY REALIGNMENT, ACCESS EASEMENT AND DIVISION OF LAND INTO PARTS BY AGREEMENT) - 8-14 LARSEN ROAD, REDLYNCH – DIVISION 6

Stephen Graham : 8/30/183 : #4351848

PROPOSAL: SERVICE STATION, BOUNDARY REALIGNMENT, ACCESS EASEMENT & DIVISION OF LAND INTO PARTS (LEASE AREA)

APPLICANT: MEINHARDT (VIC) PTY LTDLEVEL 17 SWANSTON STREETMELBOURNE VIC 3000

LOCATION OF SITE: 8-14 LARSEN ROAD, REDLYNCH

PROPERTY: LOTS 1 & 2 SP232850

PLANNING DISTRICT: REDLYNCH VALLEY

PLANNING AREA: RESIDENTIAL 2

PLANNING SCHEME: CAIRNSPLAN 2009

REFERRAL AGENCIES: N/A

NUMBER OF SUBMITTERS: NONE RECEIVED

STATUTORY ASSESSMENTDEADLINE: 10 OCTOBER 2014

APPLICATION DATE: 30 APRIL 2014

DIVISION: 6

APPENDIX: 1. EXECUTIVE PLAN2. APPROVED PLAN(S) & DOCUMENT(S)3. NOTICE OF INTENTION TO COMMENCE

USE4. INFRASTRUCTURE CHARGES NOTICE 5. SUPPORTING INFORMATION TO

PLANNING REPORT

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LOCALITY PLAN

RECOMMENDATIONS:

That Council approves the Combined Application for Material Change of Use for Service Station and Reconfiguring a Lot (Boundary Realignment, Access Easement & Division of Land into Parts by Agreement) on Lots 1 & 2 on SP232850, located at 8-14 Larsen Road, Redlynch, subject to the following:

A. MATERIAL CHANGE OF USE:

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 DateExisting Site Context Plan Project Code 1099, Drawing No.

DA00, Revision A29/05/2014

Existing Site Plan Project Code 1099, Drawing No. DA01, Revision B

16/07/2014

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Drawing or Document Reference DateProposed Site Plan Project Code 1099, Drawing No.

DA02, Revision B16/07/2014

Proposed Site Elevations Project Code 1099, Drawing No. DA03, Revision B

16/07/2014

Proposed Signage Elevation Details

Project Code 1099, Drawing No. DA04, Revision B

16/07/2014

Proposed Forecourt Drainage Plan


16/07/2014

Preliminary Stormwater Layout Plan (imposed on Proposed Site Plan)

Drawing No. DA02, Revision B Undated, Received 1 August 2014 (CRC Ref # 4442574)

Proposed Vehicle & Garbage Truck Turning Paths


16/07/2014

Proposed 17.4m Semi Tanker Path


16/07/2014

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 (Material Change of Use) must be effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.

3. The conditions of the Development Permit (Reconfiguring a Lot) must be effected and the Plan of Survey must be registered with the Department of Natural Resources and Mines prior to the Commencement of Use.

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Notice of Intention to Commence Use

4. 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. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced (Attached at Appendix 2).

Operational Works

5. An Operational Works Approval is required for the internal / external road / parking works, nominated earthworks and water and sewer works associated with the development. Such works must be completed to the satisfaction of the Chief Executive Officer prior to Commencement of Use. Where plans are required, three (3) A1 size copies of the plans and one (1) copy at A3 size must be submitted to Council.

Damage to Council Infrastructure

6. In the event that any part of Council’s existing sewer / water or road infrastructure is damaged as a result of construction 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, prior to the Commencement of Use.

External Works:

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

a. Realign the kerb and channel, roadway and footpath on the corner of Larsen Road and Chelsea Lane in the location as indicted on the Proposed Site Plan. The works must not reduce the width of the existing footpath fronting the site.

b. 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.

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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 (i.e. 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). NB. Approval for the external works can be sought as part of the application for a Development Permit for Operational Works.

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.

Internal Works – General

8. Construct a concrete footpath extending from the existing footpath on the eastern side of Chelsea Lane at the corner of Larsen Road and terminating with a kerb ramp at the driveway exit to Chelsea Lane, in accordance with FNQROC Development Manual Standard Drawings S1035 and S1016A. The footpath must be the same width as, and match-in with, the existing footpath to which it connects.

Note: Construction of the footpath may require re-grading of the existing batter in this location.

9. Traffic control signage and line marking must be installed within the car park on Lot 2 and its access off Chelsea Lane to indicate the modifications made to traffic circulation and parking bays, to ensure safe vehicle manoeuvring.

Water Supply and Sewerage Works Internal

10. 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.

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

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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.

Vehicle Parking

11. The amount of vehicle parking must be as specified in Council's Planning Scheme which is a minimum of three (3) 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.

Lighting

12. 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.

Lawful Point of Discharge

13. All stormwater from the property must be treated and 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.

Plan of Drainage Works

14. The subject land must be drained to the satisfaction of the Chief Executive Officer. In particular:

a. Drainage infrastructure in accordance with the FNQROC Development Manual;

b. The drainage system from the development must incorporate a gross pollutant trap(s) or equivalent measure(s), meeting the following Council specifications for stormwater quality improvement devices (SQID), namely:

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i. End-of-line stormwater quality improvement devices (SQID) shall be of a proprietary design and construction and shall carry manufacturer’s performance guarantees as to removalof foreign matter specific to the operations on site from stormwater and structural adequacy of the unit.

ii. SQIDs shall remove at least ninety-five per cent of all foreign matter with a minimum dimension of three (3) mm and shall be configured to prevent re-injection of captured contaminants. The SQID treat all first flush runoff, which shall be defined as that volume of water equivalent to the runoff from the three (3) month ARI storm event. The location of SQIDs within the drainage system shall be planned to ensure that the first flush waters from all parts of the (developed) catchment are treated.

iii. The design of the SQID shall not compromise the hydraulic performance of the overall drainage system.

iv. SQIDs shall be positioned so as to provide appropriate access for maintenance equipment.

c. All new allotments and development shall have immunity from flooding associated with an ARI 100 year rainfall event; and

d. On-site stormwater inlets susceptible to intercepting fuels or other foreign matter must be discharged to the existing drainage system via the on-site storm water quality device(s).

Sediment and Erosion Control

15. 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).

Landscaping Plan

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

a. Planting of setback areas, particularly along the Larsen Road street frontage and along the frontage to Chelsea Lane;

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b. Details of any perimeter or street fencing, which, if proposed, shall be pool style fencing or similar that will permit a high degree of casual surveillance into and out of the site;

c. Details of existing, modified and new footpath connections

d. Landscaped areas adjoining the parking area 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.

e. Inclusion of any other relevant conditions included in this Development Permit.

A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

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 Commencement of Use. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Crime Prevention Through Environmental Design

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

Refuse Storage

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

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

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Liquid Waste Disposal

20. 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.

Air-Conditioning Screens

21. Air-conditioning units and any other mechanical plant / equipment 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.

Details of Development Signage

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

Advertising Signage

23. Signs on the subject land must conform with relevant Local Laws applied under the Cairns Regional Council Control of Advertising (Application of a Continuing Local Law) to the requirements and satisfaction of the Chief Executive Officer.

Storage of Machinery and Plant

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

Environmental Protection - Noise

25. Noise from; generators, air-conditioning units, 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

26. Noise from the activity must not cause an environmental nuisance at any nuisance sensitive place or commercial place

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Environmental Protection – Air

27. The release of noxious or offensive odours or any other noxious or offensive airborne contaminants resulting from the activity must not cause a nuisance at any nuisance sensitive or commercial place.

28. This activity is likely to generate odours from fugitive sources (diurnal breathing, vent releases during tank-filling, at bowser during vehicle refuelling). The emission of odour causing compounds must be minimised by taking all practical measures to reduce the likelihood of environmental harm being caused, as far as practicable.

a. All practical measures must be taken to ensure ground level concentrations do not exceed the relevant standards specified in:• National Environment Protection Measure (Ambient Air

Quality) Schedule 2 Standards and Goals;• Environmental Protection (Air) Policy 2008 Schedule 1 Air

Quality Indicators and Goals;

at or beyond the boundary of the site. Where the standards differ, the most stringent must be used.

Environmental Protection - Land

29. The storage and handling of flammable and combustible materials must be designed and installed in a manner that protects both human health and the environment, per AS1940 & AS4897.

30. Dispenser sumps must be installed underneath fuel dispensers in such a manner to collect leaks from the dispenser, and prevent the release of petroleum products into the environment.

31. Each fill point must be fitted with a fill point spill containment device, which has a minimum capacity of (15) litres per fill point.

32. Overfill protection must be installed for each tank such that the risk of overfill is significantly reduced.

33. All practicable measures must be taken to prevent loss of containment from any underground storage system. A leak detection system must be installed and operated at sufficient frequency, sensitivity and reliability to provide a high level of confidence that a release of a chemical substance will be detected in sufficient time for a response to be implemented before an unacceptable risk is posed to human health, property or the environment.

As a minimum standard, all underground storage systems are required to be monitored using a system that:

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a. can detect a leak from any portion of the underground storage systems;

b. is installed, calibrated and commissioned in accordance with the manufacturer's instructions;

c. is capable of detecting a leak at a rate described in Section 4.5 of AS4897-2008 – “The design, installation and operation of underground petroleum storage systems.”

d. and reports with a frequency of not less than monthly.

34. Tank pit observation wells are required where a tank excavation does not incorporate a ground water monitoring well or vapour monitoring well installed in the tank excavation as part of a leak monitoring system.

35. When tank pit observation wells are required, it must comply with all of the following:-

a. be installed to intercept the tank excavation area, or be as close to it as is technically feasible; and

b. be installed in each individual tank excavation with a minimum of two tank pit observation wells for excavations with two or more tanks; and

c. be installed so as to penetrate the bottom of the tank excavation and terminate at least 150 millimetres below the bottom of the tank; and

d. the tank excavation must be graded to a low point where a tank pit observation well must be installed to within 150 millimetres of the low point; and

e. be designed and installed so as to enable the presence of product vapour or free phase product in the tank excavation area to be confirmed; and

f. be clearly marked and secured to avoid unauthorised access and tampering; and

g. be sealed from the ground surface to the top of the filter pack.

36. Stage 1 Vapour Recovery Systems (VRS) must be installed for all tanks used for the storage of petroleum products to return vapour displaced during filling of the underground storage system.

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The Vapour Recovery System must be designed and installed in compliance with the following:

a. mixing of product must be prevented in pipework common to more than one tank;

b. spring-loaded vapour return adaptor, which closes when the hose is disconnected, must be installed in the top of the riser; and

c. the vapour recovery point must be located within 2 metres of the respective fill point.

37. The transfer of petroleum products from delivery vehicles to underground tanks must not occur unless the delivery vehicle is fitted with VRS equipment.

38. Petroleum products must not be transferred from a delivery vehicle to an underground tank unless the delivery vehicle is fitted with vapour recovery equipment and this equipment is operated in an efficient manner when transferring fuel.

Environmental Protection - Stormwater

39. The applicant must ensure that the surface of all filling areas and adjacent vehicle entrance and parking areas are adequately sealed and maintained (repair cracks and holes) to prevent the release of potentially contaminated surface water or petroleum products to stormwater or unsealed areas.

40. A standard operating procedure for the cleaning and maintenance of any filling area must be developed and implemented. Filling areas must not be cleaned using wash down or hose down methods. Cleaning methods such as spot cleaning and dry cleaning (eg. sweeping) must be used within all areas of the canopy covered filling area.

Environmental Protection - Wastewater

41. Drainage from any workplace apron area, on which a vehicle can stand while being fuelled or transferring petroleum products, must be directed by appropriate surface grading or bunding into a waste water pre-treatment system (the Class 1 full retention oil / water separator -SPEL Puraceptor).

42. The wastewater pre-treatment system, including any associated canopy pits, holding tanks, grated drains, vertical gravity separators, coalescing place separators, grated sumps and silt arresters must be maintained regularly to ensure the system(s) is operating to its optimum design efficiency and to prevent the overflow of wastes.

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43. All uncontaminated stormwater from roofed areas and uncontaminated ground areas must be directed away from the petroleum loading and filling areas.

44. A supply of an absorbent material must be available in an accessible location and in a sufficient quantity at all times to contain minor spills of petroleum products.

45. All spillage of petroleum products or other contaminants must be:

a. cleaned up promptly; and

b. cleaned up using an absorbent material.

Note: Used absorbent material must be disposed of lawfully.

Environmental Protection - Waste

46. All regulated waste (this includes wastewater and residues collected from the Class 1 full retention oil / water separator - SPEL Puraceptor) must only be removed from the premises by a licensed regulated waste operator and disposed of at a licensed waste treatment facility.

Environmental Protection - Records

47. A Site Emergency Plan must be prepared, covering actions to be taken in the event of a product leak, spill or overfill. The Site Emergency Plan must include, but not be limited to:

a. action to be taken to prevent any further release of product into the environment; and

b. identification and mitigation of fire, explosion and vapour hazards; and

c. procedures to prevent further migration of released product; and

d. procedures to recover or remove released product so that the site does not pose any threat to the environment or human health and safety; and

e. procedures to remove or repair any leaking component; and

f. notification to the relevant authorities where environmental harm has or is likely to occur.

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48. Underground petroleum storage tanks that are no longer required must be decommissioned in accordance with AS4976-2008 – “The removal and disposal of underground petroleum storage tanks in order to protect the environment and human health and safety.

B. RECONFIGURING A LOT:

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 Plan – Easement (to be used for indicating lease area only)

Project Code 1099, Drawing No. TP01, Revision B

11/06/2014

Plan of Lots 1 and 2, Easement BA, Easement CA, Easement EA in Lot 2 and Easement DA in Lot 1, Cancelling Lots 1 & 2 on SP232850 (2 Sheets)

Brazier Motti Reference 30508/60-4 MLC 30508_241A 06/2014

30/06/2014

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 (Reconfiguring a Lot) must be effected prior to the issue of a Compliance Certificate for the Plan of Survey, except where specified otherwise in these conditions of approval.

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Plan of Lease Area

3. The Survey Plan must be accompanied by a plan and written documentation of the lease area of part of Lot 1 to be utilised for the Service Station use. The lease area is to be generally as indicated on the ‘Proposed Plan – Easement’, Project Code 1099, Drawing No. TP01, Revision B, dated 11 June 2014.

Easement/s

4. Create the following easements, to the requirements and satisfaction of the Chief Executive Officer:

a. Easement BA for Access - benefiting Lot 1 and burdening Lot 2;

b. Easement CA for Access & Services - benefiting Lots 1 and 3 and burdening Lot 2;

c. Easement DA for Access & Services – benefiting Lots 2 and 3 and burdening Lot 1;

d. Easement EA for Drainage – benefiting Lot 1 and burdening Lot 2,

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 Natural Resources and Mines in conjunction with the Plan of Survey.

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 341 of the Sustainable Planning Act 2009 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 otherrelevant Local Laws and other statutory requirements.

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4. The Work Health and Safety Regulation 2011 (WHS Regulation) requires that the risk from hazardous chemicals be at an acceptable level, i.e. that risk be minimised as far as reasonably practicable. However, with some exceptions, the legislation does not prescribe how this is to be done. Practical guidance in this regard as well as design and site separation distances is available from technical sources such as Australian Standards as listed below:

• AS1940: The storage and handling of flammable and combustible liquids

• AS4897: The design, installation and operation of underground petroleum storage systems

• AS4977: Petroleum products- pipeline, road tanker compartment and underground tank identification

• AS4976: The removal and disposal of underground petroleum storage tanks

5. Notifiable Activity - Section 371 of the Environmental Protection Act 1994requires the owner or occupier of the land to give notice to the administering authority (Department of Environment & Heritage Protection) that a notifiable activity is being carried out on the land. Notification is required within 22 business days after becoming aware the activity is being carried out. Maximum penalty for failure to give notice is 50 penalty units.

Infrastructure Charges Notice

6. 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.

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7. 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.

LAND USE DEFINITIONS*

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

Means the use 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 or trailers;

• The washing of motor vehicles for a fee, including facilities provided for the public to wash and clean 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 (DA) seeking approval for a Service Station on the corner of Larsen Road and Chelsea Lane, Redlynch. The proposed development is acceptable in the locality and satisfies all relevant requirements of CairnsPlan 2009, despite being inconsistent with the underlying Residential 2 Planning Area designation. No submissions were received during public notification and approval is recommended, subject to conditions. An Executive Plan of the proposed development is attached at Appendix 1

TOWN PLANNING CONSIDERATIONS:

Background

The subject site and adjoining land to the north benefit from an existing Development Approval 8/30/95, being for Indoor Sport & Entertainment, Restaurant and Tavern. To date, the McDonald’s fast food restaurant and indoor sports courts have been constructed. The part of Lot 1 the subject of this DA was also previously approved for a restaurant use under Development Permit 8/30/95. A plan of the previously approved layout, including in the context of the Redlynch Central Shopping Centre to the south, is attached at Appendix 5.

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The DA currently before Council was lodged on 30 April 2014, however was deemed ‘not properly made’ due to incorrect and inaccurate documentation being submitted. The ‘properly made’ application was lodged on 2 June 2014, triggering the commencement of statutory assessment timeframes, including public notification

Site & Surrounding Area

The subject site consists of an area of approximately 1,556m2, being part of Lot 1 and adjoining the existing McDonalds restaurant. The site is accessed by Larsen Road (public road), Chelsea Lane (private road) and the existing parking area on adjoining Lot 2.

The site is located in the Residential 2 Planning Area under CairnsPlan 2009, however the site and immediate surrounds has a predominantly commercial character. Surrounding development consists of approved and partially constructed commercial development to the north and east, whilst the Redlynch Central Shopping Centre is located to the south, across Larsen Road. The area immediately to the west of Chelsea Lane comprises a strip of Open Space approximately 50m wide and containing footpaths linking with the existing footpath on Larsen Road. Further to the north, west and south is existing and emerging residential development.

Proposal

The Applicant seeks a Development Permit for the following development on the land:

1. Material Change of Use for a ‘Service Station’ on part of the land on the corner of Larsen Road and Chelsea Lane, the particulars being summarised as follows:

Approx. 80m2 retail shop;4 x 8 hose fuel dispensers;Approx. 289m2 roof canopy over fill-points;3 x parking spaces;Underground fuel storage tanks, oil / water separators, tuck fill points, refuse area, air / water service point; Reconfiguration of the adjoining parking area to provide ingress and egress to the service station from Larsen Road and Chelsea Lane; Hours of operation will be 24 hours per day, 7 days per week; and,A total of 5 employees, with only 2 staff being on site at any one time.

2. Reconfiguring a Lot, the particulars being summarised as follows:Realignment of the north-western boundary between Lots 1 and 2 to remove an unnecessary irregularity in the lot alignment created as a result of previous approval to satisfy parking requirements for a restaurant on that part of the site now proposed for the service station;Creation of an access easement over part of Lot 2 in the location of the realigned boundary to provide access for Lot 1 (service station site); andDivision of part of Lot 1 by way of creation of an approximate 1,556m2 leasearea for the service station site, being for a term in excess of 10 years.

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The proposal will also involve extinguishment of some easements and creation of new easements as a result of the reconfiguration of the existing parking area and boundary realignment. These changes will ensure all development on the site is able to be accessed and adequately serviced by the necessary infrastructure.

Plans of the proposed development are attached at Appendices 1 and 2.

CairnsPlan Assessment

Development for the purpose of a ‘Service Station’ in the Residential 2 Planning Area requires Impact Assessment in accordance with the requirements of CairnsPlan 2009.

Having regard to the existing approvals for commercial development on the land and the established commercial character of the immediate surrounding area, the proposed development is considered to satisfy the overall Desired Environmental Outcomes (DEOs) of CairnsPlan 2009. In particular, the proposal will further the achievement of the following DEOs:

2.3.2 Economic Activity and Employment Centres – the proposal will concentrate commercial development within close proximity to the Redlynch Central District Centre; and,2.3.5 Pattern of Urban Development & 2.3.6 Physical Infrastructure – the proposal facilitates the efficient use of existing and planned infrastructure.

Assessment of the proposal against the relevant Purpose statements and / or Performance Criteria of the applicable CairnsPlan 2009 Codes is outlined further below.

CairnsPlanRedlynch Valley Planning District

Code Applicability Compliance

Planning Area Residential 2Does not Comply but

justified in this instance –Refer below

Land Use Service Station Complies – Refer below

Overlays

Potential or Actual Acid Sulphate Soil Material Complies – Operational Works issue.

Bushfire Management Complies – site is cleared.

Operational Aspects of the Cairns International Airport

Complies – height of structures and operations will not impact on Airport.

General

Development Near Major Transport Corridors & Facilities

Complies – development utilises existing roads and

will not impact on the function of Redlynch

Connector Road.

Excavation and Filling Code

Complies – excavation for storage tanks to be

addressed at Operational Works Stage.

Infrastructure Works Code Complies – able to connect to all services

Landscaping CodeComplies – Conditions of

Approval recommend Landscaping Plan for site.

Parking & Access Code Complies – Refer below

Reconfiguring a Lot Code

Complies – proposal provides for regular shaped lots which can be properly

accessed and serviced.

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Residential 2 Planning Area Code

The proposal is technically in conflict with the Planning Scheme, however for the reasons stated as follows, the conflict is considered to be justified in this instance. The underlying Residential 2 Planning Area designation applying to the site and adjoining indoor sport facility to the north is not reflective of the established commercial / non-residential character of this area and complementary role it plays to the Redlynch Central District Centre to the south. Notwithstanding, the proposal still satisfies part of the Purpose of the Residential 2 Planning Area Code in that it will consolidate non-residential uses so as not to detract from the amenity of the surrounding residential areas and provide for the establishment of facilities which provide ancillary services to the local community.

Service Station Land Use Code

The proposal satisfies the minimum site area (1,500m2 required, 1556m2 proposed) and frontage (30m required, approx. 40m proposed) requirements of the Code and will be accessed via the parking area off Chelsea Lane rather than directly onto Larsen Road.

All buildings and structures, apart from the corner signage and refuse area, will be setback over 6m from Larsen Road, satisfying Acceptable Measure A3.1 The signage and refuse area are setback approximately 4m and 3m from the Larsen Road boundary respectively. The site is set below the existing level of Larsen Road and as such the visual impact of the built form, with additional landscaping to soften the appearance of the refuse areas, signage and street frontage generally, will be appropriately mitigated.

A 2m wide landscape strip is proposed generally between the western boundary of the lease area and proposed retail shop within which to accommodate landscaping. Whilst this does not comply with the minimum width of 3m specified in Acceptable Measure A6.2, it is appropriate to buffer the impact of the development on surrounding uses. Additional buffering is also provided by Chelsea Land itself as well as the Open Space corridor further to the west. A 3m wide landscape strip will be established between the site and McDonalds to the east (including the already constructed 1.5 wide landscaping on the McDonalds site) and is appropriate to buffer the uses. Conditions of approval are also recommended requiring submission of a Landscape Plan to address landscaping of the entire site, including road frontages, including the internal road.

Fuel pumps satisfy the minimum 7.5m front setback under Acceptable Measure A5.1 and fuel storage tanks are sited to the northern side of the development area to ensure discharge of fuel from delivery vehicles will not impede on the movement of other vehicles at fill points.

The external road network, including the Larsen Road / Chelsea Lane roundabout is adequate to accommodate the intended use and the internal access from Chelsea Lane provides appropriate turning lanes for access into the site without impacting on the function of Larsen Road.

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In summary, the proposal is considered to be an acceptable outcome for the site in that it: makes efficient use of existing infrastructure; complements the established commercial character of the area; provides for safe and efficient movement of vehicles and will not result in adverse impacts on the road network. Accordingly, the proposed development is considered to satisfy the overall Purpose of the Service Station Code.

Parking and Access Code

Approximately 60m2 of retail gross floor area (GFA) is proposed within the 80m2

building. The proposal provides 3 on-site parking spaces and complies with the requirement of 1 space per 25m2 of retail GFA. .

Some minor modifications to the kerb at the corner of Larsen Road and Chelsea Lane are proposed to accommodate manoeuvring of fuel delivery vehicles, as well as re-line marking and modification to the internal road (Chelsea Lane).

The proposed ingress to the site from the adjoining parking area will require modification to the existing parking and vehicle circulation arrangements. The existing north-south drive aisle adjacent to the development area will be shifted further to the east and widened to accommodate vehicle movements, whilst the internal access arrangements of the main drive aisle in the car park will be modified to provide for one way entry at the northern access and one way exit at the southern egress point.

These modifications will result in a net loss of 4 parking spaces on the site, which when considered against the reduced demand generated by the proposed service station use compared to the previously approved restaurant use on this parcel, will be negligible. The reduction will also not prevent the remainder of the development approved under DA 8/30/95 from achieving the overall required number of parking spaces once developed to its full extent. The new drive-aisle and access arrangement will result in the internal access point to the approved bottle shop to the north now being offset, however given the low speed environment of the area this is not likely to result in any adverse impacts on the flow of traffic through the site and adjoining uses.

To ensure opportunities for pedestrian accessibility to the site from Larsen Road, a condition is included recommending extension of the footpath along the eastern side of Chelsea Lane to the access point to the site.

In consideration of the above, the proposal satisfies the Purpose and Performance Criteria of the Parking and Access Code.

Public Notification / Submissions

The DA was publicly notified between 7 August 2014 and 29 August 2014 and no submissions were received.

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HEADWORKS / CONTRIBUTIONS:

The proposed development triggers Developer’s Headwork’s Contributions. Refer to Appendix 3 to view calculations.

S GrahamPlanning OfficerAction Officer

Graham BoydManager Development & Regulatory Services

Peter BoydActing General Manager, Planning & Environment

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APPENDIX 1 EXECUTIVE PLAN

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APPENDIX 2 APPROVED PLAN(S) & DOCUMENT(S)

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APPENDIX 3 INFRASTRUCTURE CHARGES NOTICE

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APPENDIX 4 PLAN OF APPROVED DEVELOPMENT DA 8/35/30

PLANNING AND ECONOMIC COMMITTEE 1 - Cairns Regional … · 2014. 10. 6. · 5 Agenda – Planning...

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Transcript of PLANNING AND ECONOMIC COMMITTEE 1 - Cairns Regional … · 2014. 10. 6. · 5 Agenda – Planning...