Planning & Environment Committee - 14 September 2011 ...206 Agenda – Planning & Environment...

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Agenda – Planning & Environment Committee – 14 September 2011 - #3279963

PLANNING & ENVIRONMENT COMMITTEE

14 SEPTEMBER 2011

17 MATERIAL CHANGE OF USE (CODE ASSESSMENT) – RETIREMENT VILLAGE – CAPTAIN COOK HIGHWAY, KEWARRA BEACH – DIVISION 9 Jenny Elphinstone : 8/7/2152 : #2986443 PROPOSAL: RETIREMENT VILLAGE APPLICANT: PARAWINA PTY LTD C/- RPS AUSTRALIA EAST PTY LTD PO BOX 1949 CAIRNS QLD 4870 LOCATION OF SITE: KEWARRA STREET, KEWARRA BEACH

PROPERTY: PART OF LOT 4 ON RP840987 PLANNING DISTRICT: CAIRNS BEACHES PLANNING AREA: TOURIST AND RESIDENTIAL PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: DEPARTMENT OF ENVIRONMENT &

RESOURCE MANAGEMENT DEPARTMENT OF TRANSPORT & MAIN

ROADS PUBLIC NOTIFICATION NOT REQUIRED NUMBER OF SUBMITTERS: NONE STATUTORY ASSESSMENT DEADLINE: 26 AUGUST 2011 APPLICATION DATE: 22 NOVEMBER 2010

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DIVISION: 9 APPENDIX: 1. PROPOSED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. DEVELOPER CONTRIBUTION CALCULATIONS 4. SUPPORTING INFORMATION TO PLANNING REPORT LOCALITY PLAN

RECOMMENDATION: That Council approves the development application for Retirement Village over land described as Lot 4 on RP840987, located at Kewarra Street, Kewarra Beach, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

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DRAWING OR DOCUMENT

REFERENCE DATE

Site Layout Plan – generally in accordance with the: a. Jones Sonter KRV –

Villas Site Plan, Drawing DA1.03, Revision A, dated 27 August 2011;

b. CArch Studio 2011 Fiji Islands Site Plan (Part 2 of 2), drawing A003a, dated August 2011; and

c. As amended by Condition 3 of the Decision Notice requiring amended plans.

To be determined To be determined

Elevations To be determined To be determined Building Layout Plans To be determined To be determined Sections To be determined To be determined ASSESSMENT MANAGER CONDITIONS 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with: a. The specifications, facts and circumstances as set out in the

application submitted to Council; and b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval Timing of Effect 2. The conditions of the Development Permit must be effected prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

Amendment to Design 3. The proposed development must be generally in accordance with the:

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a. Jones Sonter KRV – Villas Site Plan, Drawing DA1.03, Revision A, dated

27 August 2011; b. CArch Studio 2011 Fiji Islands Site Plan (Part 2 of 2), Drawing A003a,

dated August 2011; and c. As amended to accommodate the following changes: i. A maximum of thirty-six independent living units; ii. Inclusion of a three (3) metre wide vegetation buffer to the

southeast boundary, and all footprints of the independent living units, including individual garden areas, swimming pools or the like infrastructure, to be no closer than three (3) metres from the southeast boundary of the land;

iii. Inclusion of a twenty-five (25) metre landscaped buffer to the

remnant vegetation contained in the Coastal Wetland of the Endangered Regional Ecosystem;

iv. Demonstration that the internal driveway can cater for two-way

traffic; v. Provision of details of the internal floor plans and site layout plans

including all building elevations; vi. Each individual villa unit to be provided with a raised garden bed

of 400mm height in the private yard area; vii. Nomination of all finishes and colours to building including garage

doors to be respect colours of natural vegetation communities on the land; and

d. The internal street layout and design must comply with Queensland

Streets requirements for carriageway widths and road geometry. Details of the above amendments must be endorsed by the Chief Executive

Officer prior to issue of a Development Permit for Building Work. Access & Use 4. This approval does not allow any use or access by persons or vehicles over

that part of the land within the Conservation Planning Area of CairnsPlan 2009.

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Operational Works 5. An Operational Works Approval is required for the internal road network,

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 or approval and dating of the Building Format Plan, whichever occurs first. Where plans are required, three (3) A1 size copies of the plans and one (1) copy at A3 size must be submitted to Council.

Air-Conditioning Screens 6. 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.

Water Supply and Sewerage Works External 7. 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 pump station KB3 and rising main downstream of the

site, to the extent required to accommodate the increased flows generated by the development;

The external works outlined above require approval from Council and are

subject to an application for Local Law 22 – (Activities 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 8. Undertake the following water supply and sewerage works internal to the

subject land: a. The development must be connected to internal plumbing of the

Kewarra Beach Resort and serviced by the existing connections to Council’s water and sewerage infrastructure;

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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. Private Water and Sewerage infrastructure must be managed by a

Community Management Scheme. If the development consists of more than one Body Corporate a parent Body Corporate shall be established to manage the operation and maintenance of the internal water and sewerage infrastructure.

d. Internal property sewers and water mains must be designed,

constructed and tested in accordance with the FNQROC Development Manual.

All the above works must be designed and constructed in accordance with

the FNQROC Development Manual. Three (3) copies of a plan of the works must be endorsed by the Chief

Executive Officer prior to the issue of a Development Permit for Operational Works.

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.

Sewer Easement 9. Create an easement in favour of Council having a nominal width of three (3)

metres over any existing/proposed Council sewer within the development site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval by 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 Building Format Plan and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

Inspection of Sewers 10. CCTV inspections of all constructed sewers and property sewers within the

development site must be undertaken. An assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use.

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Refuse Storage 11. 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.

Damage to Infrastructure 12. 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 Cairns Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Cairns 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 Parking 13. The amount of vehicle parking must be as specified in Council's Planning

Scheme which is a minimum of one (1) covered space per individual living unit and six (6) spaces must be provided as visitor spaces for the proposed thirty-six (36) units. Should a reduced number of units be developed then visitor car parking spaces at the rate of one (1) visitor space per five (5) independent living units must be provided on the land.

The land must provide parking for staff and one (1) ambulance parking

space. On-site provisions for staff and the ambulance bay can utilize existing parking associated with the resort use of the land.

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.

Vehicle Wash Bay 14. A vehicle wash bay must be provided. It must be roofed and bunded and

wastewater must be discharged through a 550 litre triple interceptor to sewer or as agreed to by the Chief Executive Officer.

Protection of Landscaped Areas from Parking 15. 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.

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Parking Signage 16. 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 Kewarra Street frontage.

Lighting 17. 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.

Above Ground Transformer Cubicles/Electrical Sub-Stations 18. Any required above ground transformer cubicles and/or electrical sub-

stations are to be positioned so that they do not detract from the appearance of the streetscape and must be clear of footpath areas. This will require cubicles/sub-stations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

Drainage Study of Site 19. Undertake a local drainage study on the subject land to determine drainage

impacts on downstream properties and the mitigation measures required to minimise such impacts. In particular, the post-development discharge of stormwater from the subject site must have no worsening effect on the drainage of upstream or downstream properties. The study must also identify the need and location of any drainage easements to convey stormwater to the lawful point of discharge.

This will include provision of plans showing the primary and secondary flow

paths through the site based on existing depressions and drainage lines and how these flowpaths will be catered for in the ultimate development. The plans are to show the flowpaths for the 2, 10 and 100 year ARI flood events, and indicate any works at the upstream interface to capture and control existing overland flows into the site.

The drainage study must be endorsed by the Chief Executive Officer prior to

the issue of a Development Permit for Building Work with the necessary works being undertaken prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

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Acid Sulfate Soil Investigation 20. Undertake an Acid Sulfate Soil investigation in the area to be affected by this

development. Soil sampling and analysis must be undertaken in accordance with procedures specified in, ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) or updated version of document produced by Department of Environment and Resource Management (Previously DNRW – QASSIT), and State Planning Policy 2/02 – ‘Planning and Managing Development involving Acid Sulfate Soils’. The results of this investigation must be submitted to Council for approval prior to any earthworks or clearing being commenced on the site. Identification of soils with a pyrite content in excess of the action levels nominated in the latest version of DNRW – QASSIT: ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) will trigger the requirement for preparation of an Acid Sulfate Soil Environmental Management Plan in accordance with the most recent requirements of the DNRW: ‘Queensland Acid Sulfate Soil Technical Manual’ (2002) including Soil Management Guidelines (updated Feb 2003) which must be prepared to the satisfaction of the Chief Executive Officer.

Acid Sulfate Soils – Pool Disturbance

21. Proposed pool excavation areas may result in disturbance of potential acid sulfate soils (PASS). Prior to the excavation of any such area, in association with a geotechnical assessment, an acid sulfate soil investigation must be undertaken. The investigation must be performed in accordance with the latest ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ produced by the Department of Environment and Resource Management (previously DNRW), and State Planning Policy 2/02 – Planning and Managing Development Involving Acid Sulfate Soils. Where it is found that PASS exist, treatment of soil must be undertaken on-site to neutralise acid, prior to disposal as fill, in accordance with the DNRM ‘Queensland Acid Sulfate Soil Technical Manual’.

Batter Treatment 22. The height of any batters/retaining structures shall be generally limited to

1.8 metres with a total height of 3.6 metres in successive batters. All batters must be constructed in a manner that minimises the construction footprint and has the ability to be screened.

Typical details of the various methods to be used to achieve this must be submitted to Council prior to the issue of a Development Permit for Building Work. In instances where batters will exceed 1.8 metres in height, Council will require details to be submitted that include, but are not limited to, the following:

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a. Details of the specific means of supporting or retaining to be used.

This must include a geotechnical report supporting each of the proposed treatments at each location;

b. Drawings (plans, longitudinal and cross sections) showing the extent of

the proposed treatments at each location; c. Methods to be used to minimise the visual impact; and d. Elevations showing the visual impact when viewed from vantage

points.

A geotechnical assessment by a qualified and experienced geotechnical consultant must also be endorsed by Council prior to the issue of a Development Permit for Building Work.

Construction Access 23. Vehicular access to the site for construction and demolition purposes must

be provided from Kewarra Street only, unless authorised by the Chief Executive Officer.

Stockpiling and Transportation of Fill Material 24. Soil used for filling or spoil from the excavation is not to be stockpiled in

locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

Transportation of fill or spoil to and from the site must not occur within: a. peak traffic times; b. before 7:00 am or after 6:00 pm Monday to Friday; c. before 7:00 am or after 1:00 pm Saturdays; or d. on Sundays or Public Holidays. 25. Dust emissions or other air pollutants, including odours, must not extend

beyond the boundary of the site and cause a nuisance to surrounding properties.

Storage of Machinery and Plant 26. The storage of any machinery, material and vehicles must not cause a

nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

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Landscaping Plan 27. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show: Planting Design

a. The location and species of all existing trees, with an indication as to whether each tree is to be retained or removed, and natural and finished ground levels if filling is to occur in the vicinity of any tree.

b. The inclusion of individual character through landscape design and plant species for the various streets within the development;

c. A planting design which is in accordance with the FNQROC

Development Manual; d. A planting design that does not include any species that are identified

as Declared or Environmental Weeds or constitute an Invasive Species; e. Provide a hierarchy of planting, which includes shade trees, shrubs and

groundcovers; f. Inclusion of raised garden beds for each independent living unit; Hard Landscaping Works g. Inclusion of a raised garden bed, of approximately 400 mm height, to the

private gardens where units back onto each other.

h. Natural and finished ground levels including details of all retaining works;

i. Details of any perimeter, private yard or street fencing; j. Protection of landscaped areas adjoining parking areas from vehicular

encroachment by a 150 mm high vertical concrete kerb or similar obstruction;

j. Clothes drying areas screened from public view and have access to

natural sunlight. 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 first. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

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Vegetation Clearing 28. Existing vegetation on the subject land must be retained in all areas except

those affected by the construction of roadworks/access driveways, the installation of services as detailed on the approved plans as stated in Condition 1. Any further clearing requires an Operational Works Approval.

Wildlife 29. Prior to removal of any tree, an inspection must be carried out for any signs

of protected wildlife including nests and animal habitat. Should any recent wildlife activity be identified, removal of the tree must not occur until the animal has vacated the area of immediate danger. If the animal does not move from the area of danger, the Queensland Parks and Wildlife Services must be contacted for advice. Important habitat trees should be retained wherever possible.

Ant Plants 30. An Ecoaccess approval must be obtained from the Department of

Environment and Resource Management for the relocation of all specimens of Ant Plant (Myrmecodia beccarii) prior to the removal of any host trees. Ant Plants are listed as Vulnerable under both the Nature Conservation Act 1992 and the Environment Protection & Biodiversity Conservation Act 1999. Information on Ecoaccess approvals may be obtained at www.derm.qld.gov.au or by contacting the Ranger Flora at the Cairns office of QPWS on phone: 4046 6609.

Notification of Vegetation Clearing 31. Council’s Development Assessment Branch must be notified two (2)

business days prior to the proposed date of commencement of any approved vegetation clearing.

Existing Creek and Drainage Systems 32. All existing creek systems and drainage areas must be left in their current

state, including no channel alterations and no removal of vegetation unless consented to in writing by the Chief Executive Officer.

The applicant/owner must obtain any necessary approvals from the

Department of Environment and Resource Management for carrying out works in a watercourse.

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Lawful Point of Discharge 33. 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.

Minimum Fill and Floor Levels 34. All floor levels in all buildings must be located 150 mm above the Q100 flood

immunity level, plus any hydraulic grade effect (whichever is the greater), in accordance with FNQROC Development Manual and Planning Scheme requirements.

Sediment and Erosion Control 35. 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).

Screen Fence 36. A screen fence must be provided to the southeast boundary of the subject

land, to the satisfaction of the Chief Executive Officer. The fencing must be consistent in terms of design and materials with other fences in the locality. The fencing must be completed prior to the Commencement of Use.

Fencing of Private Yard Areas 37. Construct fencing for the private yard areas of each individual unit. The

fencing must be detailed in the Landscape Plan and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Ponding and/or Concentration of Stormwater 38. The proposed development is not to create ponding nuisances and/or

concentration of stormwater flows to adjoining properties. Details of Development Signage 39. The development must provide clear and legible signage incorporating the

street number for the benefit of the public.

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Construction Signage 40. 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 Crime Prevention Through Environmental Design 41. All lighting and landscaping requirements are to comply with Council’s

General Policy Crime Prevention Through Environmental Design (CPTED). 42. 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.

43. Should the units be rented, the proprietor of proposed rental

accommodation premises must make application for approval under Local Law 6 (Rental Accommodation) prior to the commencement of operation. Contact the Council’s Public Health Unit for further information on the application process.

44. The subject site is located within a pest quarantine area declared under

section 4(1) of the Plant Protection (Electric Ant) Quarantine Notice 2006. The Plant Protection (Electric Ant) Quarantine Notice 2006 places restrictions on the movement of electric ants and “high risk items” within and out of the pest quarantine area and places certain obligations and restrictions on land owners within the quarantine area. For further information on the Plant Protection (Electric Ant) Quarantine Notice 2006 consult either the Department of Employment, Economic Development and Innovation (21-23 Redden Street, Cairns), Council’s Land Protection Unit or the following website: www.deedi.qld.gov.au .

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45. The taking of water, or interfering with water from streams or groundwater

sources, will require a permit administered under the Water Act 2000 and issued by the regional office of the Department of Environment and Resource Management. Further information can be obtained from the Department of Environment and Resource Management on (07) 4039 8431 or at www.derm.qld.gov.au .

45. An Ecoaccess approval should be obtained, if necessary, from the

Department of Environment and Resource Management prior to the clearing of vegetation and/or tree removal that involves damage or destruction of plant species protected under the provisions of the Nature Conservation Act 1992. Information on Ecoaccess approvals may be obtained at www.derm.qld.gov.au or by contacting the Ranger Flora at the Cairns Office of QPWS on phone: 4046 6609.

46. The regrowth vegetation code clearing notification form should be

forwarded to Department of Environment and Resource Management prior to the clearing of any vegetation mapped as important regrowth under the Vegetation Management Act. Any clearing of important regrowth vegetation must be in accordance with the Regrowth Vegetation Code.

CONCURRENCE AGENCY CONDITIONS AND REQUIREMENTS

CONCURRENCY AGENCY

CONCURRENCE AGENCY

REFERENCE

DATE COUNCIL ELECTRONIC REFERENCE

Department Of Transport and Main Roads

214/20A/102 (1497.04) CRN-319

13 December 2010 3010529

Department Of Environment and Resource Management

TNS 003136 1 August 2011 3275653

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). 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 of the Sustainable Planning Act 2009 and 3.5.21 of the Integrated Planning Act 1997.

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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. 4. The Commonwealth Environment Protection and Biodiversity Conservation

Act 1999 applies to action that has, will have or is likely to have a significant impact on matters of national environmental significance.

Further information on the EPBC Act can be obtained from the Department

of the Environment, Water, Heritage and the Arts website www.environment.gov.au/epbc EPBC Act Policy Statement 1.1 Significant Impact Guidelines Matters of National Environmental Significance (Oct 2009).

5. Infrastructure Charges

A monetary contribution to Council towards the provision of infrastructure is required in accordance with the Infrastructure Charges Notice attached to this decision. The contribution payable will be in accordance with the Planning Scheme Policy.

Contributions must be paid at the rates applicable at time of payment. Payment is required prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

6. Supporting documentation outlining the required information for the

Dewatering Report is attached to this Development Approval. Further information can be obtained from Council’s Environmental Protection Unit on (07) 4044 3044.

7. For information relating to the Sustainable Planning Act 2009 log onto

www.dlgp.qld.gov.au . To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au .

EXECUTIVE SUMMARY: For over twenty years the land has been used as a resort developed under a consent approval issued by the former Mulgrave Shire Council. The resort was not fully developed and part of the land remains undeveloped. Part of the land is included in the Tourist and Residential Planning Area and Part of the land (fronting the foreshore) is included in a Conservation Planning Area.

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The Owner has lodged application for independent living units (retirement village) for the undeveloped part of the land that is included in the Tourist and Residential Planning Area. All units are single storey with associated garages and each will have vehicle access only from Kewarra Street. A separate application has been made for other, independent living units (Retirement Village) on the neighbouring land to the west. No through, vehicle access will be provided to Cottesloe Drive. The proposal is code assessable development, meets the Scheme’s identified need for the land use and achieves compliance with the relevant codes. DERM raised concern regarding the impact of the development on the coastal wetlands. These concerns are adequately addressed through concurrence agency and assessment manager conditions. The report recommends the development be supported subject to conditions. TOWN PLANNING CONSIDERATIONS: Background The land holds continuing use rights for the development of units (Consent 276/84) issued by Mulgrave Shire Council in 1984. A copy of the original approval for the resort is included in Appendix 4. Current development occurring on the land relates to the replacement of the original buildings and the continued development under this previous approval. There is a current application over neighbouring land to the southwest for the development of a Retirement Village, including a nursing home. This application is at a Negotiated Decision Stage with a decision pending the release of an amended response from the Department of Environment and Resource Management. The design of the development proposal on the neighbouring land will be amended to reflect the layout and design of the application now before Council. Part of Lot 4 on RP 840987 is included in the Conservation Planning Area. The application is not made over this part of the land. To this extent the application is made as code assessable development. As the Conservation Planning Area forms a complete strip of frontage to the foreshore and the application is not made over this part of the land, no pedestrian access by the occupants of the proposed retirement village units is legally approved under the application.

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Proposal Application is made for a Retirement Village consisting of independent living units that will share facilities of the existing Kewarra Beach Resort including the existing resort entrance from Kewarra Street. The development initially proposed twenty (20) independent units and this was later changed, through a minor change of the application, to thirty-seven (37) units. The report accompanying the application states that, “the area over which the application is made is within the Tourist and Residential Planning Area.” Each villa comprises two bedrooms, two bathrooms, living, dining areas and enclosed courtyards. All units are single storey development. There is a designated enclosed garage for each unit with most units having two car spaces. Vehicle parking is also provided for visitors. Staff and ambulance parking is provided within the existing Kewarra Beach Resort parking area. The part of the land over which the villas will be constructed is presently used as back of house services for the resort, such as storage, maintenance and laundering services. These uses will be relocated, temporarily during construction and then permanently within the existing resort complex. While the proposed internal driveway system will give access and egress to similar, independent living retirement village units on neighbouring land to the southwest, there is no intention or proposal for vehicle connectivity from Kerwarra Street to Cottesloe Drive. The original design nominated a landscape buffer between the access driveway and the neighbouring residential properties to the south. The amended design now backs the units to the common boundary and all internal driveways are located away from the southern property boundary. Since the lodgement of the proposal plans the Applicant has made a minor change to the plans and recently changed Architects. The detail of the plans is not presently available. A proposed unit layout, indicative internal unit design and indicative elevations are included in Appendix 1. CairnsPlan Assessment

CairnsPlan Cairns Beaches Planning District

Code Applicability Compliance

Planning Area Tourist and Residential Complies Land Use Material Change of Use (Code) Retirement Village Complies

Hillslopes r - Character Precinct r - Vegetation Conservation & Waterway Significance Complies

Potential or Actual Acid Sulphate Soil Material Can be suitably addressed through conditions

Bushfire Management (Part) Complies

Flood Management Can be suitably addressed through conditions

Height and Impact of Buildings r -

Overlays

Operational Aspects of the Cairns International Airport Complies

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CairnsPlan

Cairns Beaches Planning District Code

Applicability Compliance

Local Heritage r - Overlays Excavation and Filling Code Can be suitably addressed

through conditions

Infrastructure Works Code Complies, Refer to comments

Landscaping Code Complies Parking & Access Code Complies Reconfiguring a Lot Code r -

General

Development Near Major Transport Corridors & Facilities r -

Compliance Issues Vegetation The development is sited away from recognised and significant vegetation communities. A condition of the approval requires a three (3) metre landscaped buffer to the southern common property. This buffer can be incorporated into the yard area of the individual units and is to be collectively read as a single, vegetation element along the boundary. Some patches of good vegetation exist on the resort land but the majority is comprised of planted, cultivated palm species. There is a stand of Melaleuca leucadendra swamp near the northern boundary of the site which is in very good condition which takes up approximately one quarter of the site. This stand forms the coastal wetlands area and is covered by the Wetland State Planning Policy and is a Wetland Management Area. A large area in the western corner is grassed with scattered trees and is mowed regularly – this being the location of the independent, living units. There are some weeds on the land, two of which are declared - Singapore Daisy and Lantana. A weed Management Plan is required, as a condition of approval, to outline the intended management and eradication program for these weeds. Environmental and Invasive weeds on the land include Heliconia psittacorum, Philodendron laceum, Syngonium podophyllum, Sensitive Weed, Knob Weed. Ant Plants will be affected by the construction of the Retirement Village, based on the site inspection and the planned layout. A condition of the approval covers the possibility of their removal. Retirement Village Use While the site is not readily accessible to shops by a reasonable walking distance, the resort facility can provide local convenience provisions and additional services will be available once the development of the neighbouring retirement village and possible commercial development is undertaken (up to a one kilometre walk). It is envisaged that the majority of residents in these independent units will maintain a vehicle. A local bus service operates with a bus stop in nearby Albatross Street and this provides residents for access to local shopping facilities and other activities.

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Conditions of the approval require each individual unit to be provided with raised garden beds and a high level standard of landscape design and construction throughout the development. A condition of the approval requires the applicant to lodge details of the final layout, internal design and elevations prior to the issue of a Development Permit for Building Work. Parking and Access The scheme’s acceptable measures require the provision of one (1) car space per unit and one visitor space per five units. The development proposes two (2) garage spaces per resident and six visitor spaces for the thirty-seven (37) units. The Applicant has noted that some residents will utilise the second car space as relative visitor parking, or private storage / workshop area. Given the total extent of provision the provision is considered adequate to address the performance criteria. Infrastructure Works Code A review has been undertaken of the existing and proposed drainage. Through a condition requiring further detail stormwater drainage can be suitably accommodated on the land to discharge so that there is no detrimental impact to the nearby area including upstream and downstream land. Referrals The requirements of the Department of Transport and Main Roads are included in Appendix 2. The requirements from the Department of Environment and Resource Management (DERM) are included in Appendix 2. Through the imposition concurrence agency conditions the development is excluded from the areas of Endangered Regional Ecosystems, including the respective areas of remnant vegetation. This Ecosystem lies along the creek. The conditions require the Applicant to provide a twenty-five (25) metre buffer between the development and the remnant vegetation. Through the Department’s advice status a decision has issued raising concern with the impact of the development on Possible Acid Sulfate Soils (PASS). This matter is addressed through Council’s standard condition. DERM has expressed concern with potential impacts on wetland values, water quality, natural hydrological flows and ecological functioning of the significant coastal wetlands and the nearby Conservation Estate areas. The wetlands can be maintained by the required 25 metre buffer which should include a grass area to filter excessive nutrients.

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INFRASTRUCTURE CHARGES / CONTRIBUTIONS: The proposed development triggers Developer’s Infrastructure Charges. Refer to Appendix 3 to view calculations. Jenny Elphinstone Senior Planning Officer Action Officer Kelly Reaston Manager Development Assessment

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

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TYPICAL UNIT LAYOUT

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TYPICAL ELEVATIONS

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APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 3 DEVELOPER CONTRIBUTION CALCULATIONS

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APPENDIX 4 SUPPORTING INFORMATION TO PLANNING REPORT

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Planning & Environment Committee - 14 September 2011 ...206 Agenda – Planning & Environment...

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Transcript of Planning & Environment Committee - 14 September 2011 ...206 Agenda – Planning & Environment...