PLANNING AND ECONOMIC COMMITTEE 2...Jul 08, 2015 · exit for vehicles utilising the on-site car...

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Agenda – Planning and Economic Committee 8 July 2015 - #4776555

PLANNING AND ECONOMIC COMMITTEE

8 JULY 20152

REQUEST FOR PERMISSIBLE CHANGE (BUSINESS FACILITIES, SHOPPING FACILITIES & RESTAURANT) – 99-107 WILLIAMS ESPLANADE, PALM COVE – DIVISION 9

K Coppin | 8/8/1211 | #4774398

PROPOSAL: REQUEST FOR PERMISSIBLE CHANGE (BUSINESS FACILITIES, SHOPPING FACILITIES & RESTAURANT)

APPLICANT: PRIME HOTELS PTY LTDC/-BRAZIER MOTTI PTY LTDPO BOX 1185CAIRNS QLD 4870

LOCATION OF SITE: 99-107 WILLIAMS ESPLANADE, PALM COVE

PROPERTY: LOT 500 ON SP 247831

PLANNING DISTRICT: CAIRNS BEACHES

PLANNING AREA: TOURIST AND RESIDENTIAL

PLANNING SCHEME: CAIRNSPLAN 2009

REFERRAL AGENCIES: NOT APPLICABLE – ADVICE AGENCY INVOLVEMENT ONLY

NUMBER OF SUBMITTERS: SEVEN (7) (ORIGINAL APPLICATION)

STATUTORY ASSESSMENTDEADLINE: NOT APPLICABLE

APPLICATION DATE: 14 APRIL 2015

DIVISION: 9

APPENDIX: 1. PROPOSAL PLAN(S) & DOCUMENT(S)2. SUPPORTING INFORMATION

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LOCALITY PLAN

RECOMMENDATION:

A. That Council refuse the Request for Permissible Change to Development Permit 8/8/1211 over land described as Lot 500 on SP247831, located at 99-107 Williams Esplanade, Palm Cove, relating to Negotiated Decision Notice dated 4 October 2012 (#3746747) on the following grounds:

1. The proposed changes are in conflict with the provisions of CairnsPlan and the submissions made against the original Development Application:

a. The staging of the development without the provision of on-site car parking is in conflict with the Parking and Access Code and does not meet the demand generated by the existing development. Given the existing undersupply, it is reasonable to require all existing on-site car parks to be made available for use.

b. The use of French Street for service delivery vehicles gives rise to noise impacts on neighbouring properties and is in conflict with the Parking and Access Code as it would adversely impact on the functioning of the street and the road network. Vehicular movements into and out of the street and adjoining properties would be inhibited by delivery vehicles utilising this street.

c. The proposed changes would alter Conditions imposed by Council in response to issues raised in Properly Made Submissions during public notification of the original Development Application.

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B. That all existing conditions of Development Permit 8/8/1211 over land described as Lot 500 on SP247831, located at 99-107 Williams Esplanade, Palm Cove, relating to Negotiated Decision Notice dated 4 October 2012 (#3746747) and subsequent acceptance of staging remain unchanged.

EXECUTIVE SUMMARY:

Council is in receipt of a Request for Permissible Change of Development Permit 8/8/1211 for Business Facilities, Shopping Facilities, and Restaurant over land at 99-107 Williams Esplanade, Palm Cove. The request for Permissible Change has been lodged in response to enforcement action undertaken by Council resulting from complaints of nearby neighbours about non-compliance with the Conditions of the existing Development Permit.

The proposal seeks approval for delivery of the development in two stages with associated changes to Conditions. Stage 1 will be three retail tenancies and proposes to make 26 of the existing on-site car parking spaces available. Stage 2 will comprise the fourth tenancy, decking, landscaping and external works and will make all 46 existing on-site car parking spaces available.

The proposal also seeks a change to Condition 12 (g) of the Development Permit to allow delivery vehicles to service the site via French Street instead of Amphora Street.

Council officers consider that the proposed changes conflict with CairnsPlan and the submissions received on the original Development Application. The application is recommended for refusal as it will have a detrimental impact on the surrounding road network and adjacent residential development.

PLANNING CONSIDERATIONS:

Background

The subject site contains an existing Hotel known as the Reef House Resort & Spa. Council approved a Development Permit for Material Change of Use for Business Facilities, Shopping Facilities <500m2 GFA and Restaurant over part of the site on 26 April 2012.

Following the approval, Council received a request for a Negotiated Decision relating to three of the Conditions. A Negotiated Decision Notice was issued on 4 October 2012 that altered the External Works and Car Parking requirements. The Development Permit still required 42 car parking spaces. The Negotiated Decision Notice also amended Condition 12 (c) to state that ‘All parking spaces shown on the approved plan must be made available for car parking use at all times’.

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In May 2014, Council received a request from the applicant to consider the delivery of the development in two stages to be generally in accordance with the existing approval. In August 2014 Council issued correspondence confirming that the staging of the development was accepted and outlining that Conditions 1, 2, 5-9, 11-14 and 17 of the approval must be effected prior to Stage 1 commencing.

Council has received complaints about the operation of the Reef House Resort with particular reference to the lack of available on-site car parking, service delivery vehicles using French Street and non-compliance with the Conditions of the Development Permit. The concerns raised related to many of the on-site car parks being blocked from use and being used for other purposes and the delivery vehicles in French Street were causing noise and safety impacts as well as affecting on street parking and access to private off street parking. Council issued the owners with a Show Cause Notice in noting that it appeared the use had commenced while contravening the conditions of approval.

Proposal

The proposal seeks approval for the staging of the development of the previously approved Shopping Facilities, Business Facilities and Restaurant along with changes to Conditions of the Development Permit in response to the Staging.

The proposal is to allow the development of the three (3) retail tenancies with associated amenities and storage as Stage 1 and the development of the fourth tenancy, decking, landscaping and works to protect the melaleuca tree to occur as Stage 2.

Stage 1 proposes to maintain the current car parking situation with 26 of the 42 on-site car parking spaces made available. The applicant submits that there is sufficient on-site car parking to cater for the demand generated by the three retail tenancies as this would be similar to the demand of the previous office use on the site. In addition it is submitted that the nature of the proposed development and the location on the esplanade will draw customers who are already in the area and as such will not generate an additional demand.

Stage 2 of the development will see all 42 on-site car parking spaces made available.

The application proposes to alter the Conditions of the approval in accordance with the proposed staging of the development by delaying the timing of compliance with the Conditions to commencement of Stage 2.

The application also proposes a change to Condition 12 (g) of the Development Permit which requires all delivery vehicles visiting the site for the Hotel component of the use to utilise the Amphora Street rear access. The proposal is to amend the Condition to permit deliveries via the Hotel back of house on French Street.

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Officer Comment

Council officers are comfortable with the staging of the approved development in two stages as was previously advised in August 2014. Officers do however find issue with the staging of the Conditions proposed in the request as outlined below.

Car Parking

The original application included plans showing 42 available car parking spaces on the site. A car parking assessment of the proposed use identified that there would be an increased demand of one (1) additional parking space compared to the previous use. Council considered that given the nature of the Hotel as a whole and the location on the tourist strip of Williams Esplanade the proposed use would not generate a significant increase in the parking demand and the existing on-site car parking infrastructure would be sufficient.

Submissions lodged during the Public Notification period of the original application raised the issue of availability of on-site parking spaces and the lack of parking in the general area. Council considered these submissions and addressed the issues by requiring that all on-site parking spaces be made available and not used for other purposes.

The amount of on-site spaces, demonstrates adequate supply of car parking in accordance with the Parking and Access Code of CairnsPlan 2009. However Council does not consider it appropriate reduce this number by allowing a significant number of the existing parking spaces to be blocked off and utilised for other purposes. Parking along William’s Esplanade is limited for tourists and locals visiting Palm Cove and the reduction of available on-site parking spaces may add to this existing situation.

Service Delivery Location

Council officers do not support the request to change Condition 12 (g) of the Development Permit to allow service delivery vehicles to utilise French Street. This street has a very narrow entrance point due to the presence of Melaleuca trees that have been retained along Williams Esplanade. French Street contains twenty (20) on street parking spaces and three entrances to private car parking areas for the adjoining properties.

The unloading of delivery vehicles in this street has the potential to block use of the Street altogether as well as blocking access to the on street car parks and entrance and exit for vehicles utilising the on-site car parking areas of Reef House and Villa Paradiso. The basement car park for Villa Paradiso which caters for permanent residents and holiday guests has a single entrance point onto French Street.

The narrow width of French Street also creates a difficult situation for trucks to turn around in and could require them to either back into the street or back out onto Williams Esplanade, neither of which presents a safe option for other vehicles or pedestrians.

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One of the Purpose Statements of the Parking and Access Code states that:

‘The provision of on-site parking, loading/unloading facilities and the provision of access to on-site parking does not adversely impact on the efficient functioning of the road network or on the area in which the development is located’

The use of French Street for delivery vehicles does not achieve this purpose of the Code as it would adversely impact on the functioning of the street and potentially at times on Williams Esplanade.

Submissions made during Public Notification of the original application raised the issue of service delivery vehicles utilising French Street and the resulting traffic hazards. Subsequent complaints to Council also note the nuisance caused by delivery vehicles with particular reference to noise issues, safety issues, lack of turn around space and blocking of nearby car parking.

Amphora Street is considered to be the preferred option for delivery vehicles servicing Reef House. This street has a wider carriageway and better opportunity for safe vehicle manoeuvring.

SUSTAINABLE PLANNING ACT 2009

Section 369 of the Sustainable Planning Act 2009 details the procedure for changing approvals:

(1) A permissible change, for a development approval, is a change to the approval that would not, because of the change:

(a) result in a substantially different development; or

The proposed change would not result in a substantially different development and would not change the built form. The proposed change would affect the way the building and associated services and facilities function.

(b) if the application for the approval were remade including the change -(i) require referral to additional concurrence agencies;

If the application for the approval were remade including the change no additional Referral Agencies would be triggered.

(ii) for an approval for assessable development that previously did not require impact assessment—require impact assessment;

The application would remain Impact Assessable if submitted under the current Scheme.

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(c) for an approval for assessable development that previously required impact assessment—be likely, in the responsible entity’s opinion, to cause a person to make a properly made submission objecting to the proposed change, if the circumstances allowed; or

The original development required Impact Assessment and seven (7) submissions were received by Council. The issues raised in the submissions were addressed in the original assessment and Conditions were applied where necessary.

Some of the issues raised during the public notification included the availability of on-site car parking spaces, the amount of parking in French Street and Williams Esplanade and the issue of service delivery vehicles utilising French Street.

As these issues were already raised and considered, Council does not consider that if the application was made including the proposed change it would cause additional persons to make properly made submissions objecting to the change.

(d) cause development to which the approval relates to include any prohibited development.

The proposal does not include prohibited development.

Conclusion

Having assessed the Request for Permissible Change against the criteria set by the Sustainable Planning Act 2009 (SPA) and the other relevant matters including CairnsPlan 2009 and the submissions of the original application, Council does not support the request.

Kelly CoppinPlanning Officer

Paul CohenActing Manager Strategic Planning & Approvals

Kelly ReastonGeneral Manager, Planning & Environment

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APPENDIX 1 PROPOSAL PLAN(S) & DOCUMENT(S)Proposed Stage 1

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Proposed Stage 2

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