2008-06-04 Planning & Development Committee Meeting Minutes · 2013. 4. 1. · Planning & Development Committee Meeting – 4th June 2008 - 4 - Gympie Regional Council SECTION 1:

Gympie Regional Council

MINUTES

of the

PLANNING & DEVELOPMENT COMMITTEE MEETING

CHAIRMAN: Cr Ian Petersen

Held in the Boardroom Old Bank Building

Cnr Nash & Channon Streets, Gympie Qld 4570

On Wednesday 4th June 2008 at 9.00 a.m.

For Adoption at the General Meeting to be held on Wednesday 11th June 2008

Planning & Development Committee Meeting – 4th June 2008 - 1 -


PLANNING & DEVELOPMENT MINUTES Cr I.T. Petersen (Chairman), Crs R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,

D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt APPOINTMENTS etc. Nil. CONTENTS DECLARATION OF INTERESTS BY COUNCILLORS ................................................................................. 3 CONFIRMATION OF PREVIOUS MINUTES.................................................................................................. 3 SECTION 1: STRATEGIC PLANNING MATTERS ........................................................................................ 4

1/1 INTENTION TO PREPARE A STATE PLANNING POLICY FOR HIGH IMPACT INDUSTRY .............................. 4 1/2 SPORT RECREATION AND PARKS COORDINATING COMMITTEE REPORT - MAY MEETING...................... 6

SECTION 2: PLANNING APPLICATIONS ...................................................................................................... 9

2/1 DA15699 – MATERIAL CHANGE OF USE – TO CHANGE THE LAND USE ENTITLEMENTS FROM THE RURAL ZONE TO THE RURAL RESIDENTIAL ZONE AND RECONFIGURING A LOT – SUBDIVISION TO CREATE 11 LOTS – 99 DEANS ROAD, THE PALMS – WILFERT................................................................ 9 2/2 DA16035 – REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL CHANGE OF USE – SHOWROOM & SHOP AND OPERATIONAL WORKS (LANDSCAPING) – EDWIN CAMPION DRIVE, MONKLAND – CALARDU GYMPIE ........................................................................................................ 20 2/3 DA17151 – MATERIAL CHANGE OF USE – SHOP – 98-102 RIVER ROAD & 29 EXCELSIOR ROAD, GYMPIE – JTJK INVESTMENTS PTY LTD .............................................................................................. 26 2/4 DA15538 & DA17343– MATERIAL CHANGE OF USE - MULTI-RESIDENTIAL (4 DUAL OCCUPANCIES) – 3 – 7 JAMES KIDD DRIVE, GYMPIE – GYMPIE GARDENS PTY LTD .............. 36 2/5 DA15325 – MATERIAL CHANGE OF USE – MULTI-RESIDENTIAL (102 DWELLINGS) – BATH TERRACE, GYMPIE – ECORION PROPERTY PTY LTD ................................................................... 49 2/6 DA15578 – MATERIAL CHANGE OF USE TO APPLY LAND USE ENTITLEMENTS OF THE RURAL .............. RESIDENTIAL ZONE & RECONFIGURING A LOT – SUBDIVISION TO CREATE TWO (2) ADDITIONAL LOTS – 124 CORELLA ROAD AND 12 CORELLA COURT, GYMPIE – MAX TOMPKINS...................................... 63 2/7 DA11746 – MATERIAL CHANGE OF USE – COMMERCIAL PREMISES (PROFESSIONAL OFFICES) – 29 O’CONNELL STREET, GYMPIE – ENTERPRISE PROPERTY GROUP PTY LTD...................................... 78

SECTION 3: RECONFIGURING A LOT APPLICATIONS.......................................................................... 93

3/1 REQUEST FOR COUNCIL TO WAIVE FEES ASSOCIATED WITH A PROPOSAL TO SUBDIVIDE ONE (1) ADDITIONAL LOT FROM LOT 3 RP 907508 – 146 TANDUR-TRAVESTON ROAD, TRAVESTON – H & J OSTHAUG ................................................................................................................................... 93 3/2 DA16077 – REPRESENTATIONS – RECONFIGURING A LOT – SUBDIVISION TO CREATE ONE (1) ADDITIONAL LOT – 159 CORELLA ROAD, ARALUEN – T LEAKE.......................................................... 98



3/3 DA17818 – REPRESENTATIONS – RECONFIGURING A LOT – SUBDIVISION TO CREATE 137 ADDITIONAL LOTS – SORENSEN ROAD, SOUTHSIDE – STATELAND PTY LTD .............................. 103

SECTION 4: PLANNING APPLICATIONS PENDING ............................................................................... 123

4/1 PLANNING APPLICATIONS PENDING ................................................................................................... 123 4/2 DEVELOPMENT APPLICATIONS APPROVED......................................................................................... 145

SECTION 5: GENERAL MATTERS .............................................................................................................. 147

5/1 APPLICATION FOR AN EXTENDED HOURS PERMIT UNDER THE LIQUOR ACT 1992 – RAINBOW BEACH HOTEL-MOTEL – CNR WIDE BAY ESPLANADE AND RAINBOW BEACH ROAD, RAINBOW BEACH – OPAGEM PTY LTD............................................................................................... 147 5/2 REQUEST TO CANCEL AGREEMENT REQUIRING COMMON OWNERSHIP – BLACKGATE ROAD, AMAMOOR – DAVID SABISTON .......................................................................................................... 149 5/3 ANNUAL SPONSORSHIP FOR MASTER BUILDERS QUEENSLAND ......................................................... 155

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION.................................................................... 156

NIL ................................................................................................................................................................... 156 SECTION 7: “IN COMMITTEE” ITEMS..................................................................................................... 157

7/1 PLANNING AND ENVIRONMENT COURT APPEAL 3 OF 1994 – REZONING APPROVAL FOR D.J. AND E.E. DAVIE AT HERRON AND LONG ROADS, PIE CREEK.................................................................... 157

SECTION 8: GENERAL BUSINESS.............................................................................................................. 158 8/1 BOUNDARY SETBACKS....................................................................................................................... 158



The meeting opened at 9.00 a.m.

PRESENT: Crs I.T. Petersen (Chairman), G.L. Engeman, L.J. Friske, R.A. Gâté,

D.R. Neilson, J.A. Walker & J. Watt. Also in attendance were Mr M Hartley (Director of Planning &

Development), Mrs KA Rolfe (Interim Manager Strategic Planning), Ms T.M. Stenholm (Interim Manager Development and Compliance) and Ms K. Sullivan (Minutes Secretary).

Crs J Watt, J.A. Walker and Ms T.M. Stenholm were not present when

the meeting commenced. LEAVE OF ABSENCE: That a leave of absence be granted to Cr R.J. Dyne and Cr A.J.

Perrett for meetings to be held on 3 June and 4 June 2008 to attend Civic Leaders Conference as per Minute G40/05/08.

P01/06/08 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson

That the leave of absence from Cr R.J. Dyne and Cr A.J. Perrett be accepted.

APOLOGIES: Nil DECLARATION OF INTERESTS BY COUNCILLORS

P15/06/08 – Cr J. Watt and Cr G.L. Engeman Material Personal Interest. CONFIRMATION OF PREVIOUS MINUTES

P02/06/08 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson That the Minutes of the Planning & Development Committee Meeting held on 21st May 2008 be taken as read and confirmed.

Carried.



SECTION 1: STRATEGIC PLANNING MATTERS

1/1 Intention to Prepare a State Planning Policy for High Impact Industry

Re: Minute: P03/06/08 Intention to Prepare a State Planning Policy for High Impact Industry

From: Acting Director-General, Department of Infrastructure and Planning File: 6/6/06/0005 Date: 9 May 2008 “Following the Binary fire at Narangba in 2005, there has been understandable community concern about the proximity of high impact industries to residential development and other potentially incompatible land uses. In response, the State Government initiated the Accelerated Planning Initiative – Improved Land Use Planning for Land Uses project that is being delivered by the Department of Infrastructure and Planning (DIP) in collaboration with a number of State agencies. Arising from this work, an Options Paper was released recommending, amongst other things, the drafting of a State Planning Policy (SPP), and amendments to schedule 8 of the Integrated Planning Act 1997 (IPA) to ensure that high impact industries are appropriately planned and regulated throughout Queensland. It is intended that the proposed SPP will also provide a framework for appropriate planning and regulation of land uses surrounding high impact industries in planning schemes, with the aim of minimising the potential for land use conflicts and adverse impacts. The proposed SPP is intended to relate to existing SPP’s, and with relevant Environmental Protection Policies on Air, Noise and Water. Whilst there are relationships with these policies, the new SPP represents a clear and unambiguous Government policy response to minimising the planning risks associated with high impact industries throughout the State. As you may be aware, the Government recently notified its intention to prepare a State Planning Policy for High Impact Industry in the Queensland Government Gazette on 11 April 2008, and subsequently in The Courier-Mail on 12 April 2008. In this regard, you or your Council have until 11 June 2008 to lodge a submission, which may include information relating to those matters that might be considered during the preparation of a SPP, or matters of support or concern.



All submissions should be sent to: High Impact State Planning Policy Department of Infrastructure and Planning PO Box 15009 City East Qld 4002 Or may be submitted online at: [email protected]” After the close of submissions the Deputy Premier and Minister for Infrastructure and Planning will consider all submissions made, and determine the future process for the development of an SPP. Although timeframes and processes are subject to the Deputy Premier and Minister for Infrastructure and Planning’s determination it is anticipated that a draft SPP would be ready for public consultation by August 2008. I trust this information is of assistance to you.” Report: (Manager Strategic Planning – K.A. Rolfe) 1.0 Notification of Intent The State Government notified its intention to prepare a State Planning Policy (SPP) for High Impact Industry in the Government Gazette on 11 April 2008. The proposed SPP will provide a framework for appropriate planning and regulation of land uses surrounding high impact industries in planning schemes, with the aim of minimising the potential for land use conflicts and adverse impacts 2.0 Submissions invited Council is invited to lodge a submission including information on matters that should be considered, or matters of support or concern. Closing date is 11 June 2008. 3.0 Draft SPP release date The draft SPP is anticipated to be ready for public consultation by August 2008.

P03/06/08 Moved: Cr L.J. Friske Seconded: Cr G.L. Engeman Recommend that Council receives the report on the proposed State Planning Policy for High Impact Industry.

Carried.



1/2 Sport Recreation and Parks Coordinating Committee Report - May Meeting

Re: Minute: P04/06/08 Sport Recreation and Parks Coordinating Committee Report - May Meeting

From: Manager Strategic Planning File: 6/6/07/0003 Date: 26th May 2008 Report: (Manager Strategic Planning – K.A. Rolfe) 1.0 Appointment of Chairperson The first meeting was held on 8th May 2008. Cr Watt was appointed as Chairperson of the Committee. 2.0 Maidment Developments, Fairview Estate Discussions were held regarding development of a local park in the Fairview Estate. It was agreed to recommend to Council that a Local Park be established using developer contribution funds in the 2008/2009 financial year. There is an opportunity to create a shorter cycleway circuit by detouring through the Fairview Estate parks to Old Maryborough Road rather than continuing all the way along Corella Road. The Design Department will be preparing a draft concept plan for the Committee’s consideration. The Parks Manager will be liaising with the local resident action group which is interested in beautifying Fairview Estate. 3.0 Grants Grant opportunities were discussed. Sport, Recreation and Racing (SRR) currently send information through to clubs on their database. The Community Development Officer is currently compiling a community group database and will access the information available from SRR. Any grant information emailed through to the Strategic Planning Manager will be forwarded to Committee members for their information. 4.0 Open Space and Recreation Plan Implementation Report Implementation actions for the “Cooloola Shire Open Space and Recreation Plan” were highlighted.



4.1 All Abilities Playground Initial public consultation has occurred and the advertising for a Playground Designer has commenced. The carpark design is also progressing. 4.2 Jack Stokes Expansion The opportunities for expansion of the Jack Stokes grounds are being explored. 4.3 One Mile Expansion Funding for a Master Plan for One Mile has been referred to the budget for consideration. In the meantime the Parks Manager has received offers to level an area for a future field however part of the area is road reserve. It was agreed that initiating the closure of Potter Street was an immediate action that could be taken. 5.0 Gympie Amateur Athletics Club Members of the Gympie Amateur Athletics Club outlined their plans to relocate their facilities to the AFL grounds at Six Mile. The AFL season is from 31st March to 31st August and Athletics would then have exclusive use of the grounds for the next six months. The club was seeking advice from Council regarding possible assistance with, and approval for, the move. Initial concerns include the lack of suitable irrigation at the grounds to keep it free from hazards. The running tracks are potential trip hazards and extra usage would affect the hardness of the grounds. Other safety issues include the lack of lighting for the proposed location of the sandpits etc. Further details of the proposal and the draft memorandum of understanding between the clubs were considered essential prior to making a recommendation to Council. An aerial photo and survey plan, together with a form for describing the details of the proposal have been forwarded to the club. 6.0 Funding Assistance Request Assessment Criteria A draft form to guide Council’s decision making on requests for assistance that are made outside of any current formal process was discussed. The criteria from the Open Space and Recreation Plan were used. Members considered that the form should be modified for use for assessing all funding assistance requests. Further discussions with the Finance Department were recommended.



7.0 Park Inventory and Mapping As there is still a lot of work to do to get an up-to-date inventory of park areas and infrastructure and to map the various categories of Park across the region, it was advised that assistance from all Departments would be sought. The information will provide the information needed to undertake a Parks Infrastructure Charges Schedule. 8.0 CoolPAT The professional development opportunity for teachers, funded by Council and Queensland Health, to include fun physical activities into the class room was delivered by Kidssports on Tuesday 20th May, 2008. Senior Executive Policy & Liaison Officer organised a photographer and press release. Councillors Watt and Walker attended on Council’s behalf. 9.0 Sport Recreation and Racing Update A “Locker Room” has been organised for Gympie. It was advised that Gympie Regional Council will now be serviced from Maryborough with Rockhampton being head office. Maroochydore has been incorporated into Brisbane Region. It was agreed Council should take the opportunity to meet the new Manager on Tuesday 13th May. Senior Executive Policy & Liaison Officer offered to travel to Maryborough and report back to the Committee.

P04/06/08 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson Recommend that Council establishes a Local Park on Lot 200 SP165739 to be funded from Parks Developer Contributions in the 2008/2009 financial year.

Carried. Mrs K.A. Rolfe (Interim Manager Strategic Planning) left the meeting at 9.10 a.m. Ms T.M. Stenholm (Interim Manager Development and Compliance and entered the meeting at 9.10 a.m.



SECTION 2: PLANNING APPLICATIONS 2/1 DA15699 – Material Change of Use – To Change the Land Use Entitlements

from the Rural Zone to the Rural Residential Zone and Reconfiguring a Lot – Subdivision to Create 11 Lots – 99 Deans Road, The Palms – Wilfert FILE NO: Minute: P05/06/08 DA15699 APPLICANT: Wendy Wilfert LANDOWNER: Horst & Wendy Wilfert RPD: Lot 1 RP 839331 SITE ADDRESS: 99 Deans Road, The Palms PROPOSAL: Material Change of Use – Rural to Rural

Residential Land Use Entitlements and Reconfiguring a Lot – Subdivision to Create 11 Lots

EXISTING ZONE: Rural (1997 Scheme) STRATEGIC DESIGNATION: Rural Residential LEVEL OF ASSESSMENT Impact APPLICATION ADVERTISED: 26/01/08 ADVERTISING CLOSED: 22/02/08 SUBMISSIONS: One (1)



KEY POINT SUMMARY

• Application to create 11 Rural Residential lots within a Rural Zone. • Application lodged for assessment against Council’s Transitional

Planning Scheme 1997. • Property is Zoned Rural, however is designated for Rural Residential

under Council’s Strategic Plan. • Site represents logical extension of existing Rural Residential area. • Proposed lot sizes are under the nominated minimum size of 1.5ha for

rural residential allotments in The Palms area, however are all above 6,000m2.

• Part of the site is subject to localised flooding. • Supporting Flood Study submitted has been based on 111ha

catchment calculation. • Council’s Design Department have estimated the catchment to be

146ha and consider the flood study to be inaccurate. • Concern exists regarding the ability of a number of lots to

accommodate acceptable building envelopes above the Q100 flood level.

• MCU to change land use entitlements from Rural Zone to Rural Residential Zone recommended for approval.

• Reconfiguring a Lot application recommended for Preliminary Approval for subdivision layout clearly demonstrating that all lots are able to accommodate building envelopes above Q100 level.

Report: (Planning Officer – K.M. Toomey) 1.0 INTRODUCTION This application seeks Council’s approval for a Material Change of Use for land use entitlements (rezoning in pre-IPA terms) to allow an eleven (11) Lot Rural Residential subdivision on Deans Road, The Palms. 1.1 The Site

The development site is located on Deans Road, The Palms, approximately 950 metres from its intersection with Jimbour Road. The site has an area of 13.65 hectares and is an ‘L’ shaped allotment. The land has approximately 202 metres of frontage to Deans Road, which is constructed to a single lane bitumen standard. It is positioned on the fringe of the existing rural residential area at The Palms and is currently improved by a single dwelling and two small dams.



The majority of the site has been cleared previously to facilitate grazing and general rural uses and is classified as being Class B Good Quality Agricultural Land. The site contains a defined natural drainage line and as a result a portion of the site along the eastern boundary is subject to localised flooding. The topography is undulating with varying slopes generally between 9 and 15%. 1.2 The Proposal The proposal comprises the following two components: Component 1 – A material change of use of the land to allow land use entitlements of the Rural Residential Zone under the Superseded Planning Scheme. Component 2 – Reconfiguring the land to create a total of eleven (11) rural residential lots ranging in size from 1.0ha to 1.64 hectares. The proposed layout is reproduced below.



1.3 Surrounding Land Use The surrounding land to the east of the site is characterised by larger rural allotments, predominately used for grazing purposes.



Directly across Deans Road (to the South) consists mainly of rural residential allotments as does the land along the northern boundary of the site. A single parcel of land to the west of the subject site is similar in size and is also zoned Rural. Zoning Map

2.0 STATUTORY REQUIREMENTS 2.1 Intent of the Zone The intent of the rural zone is primarily for rural uses, but it also allocates land for future urban, rural residential or other purposes designated in the Strategic Plan or a Development Control Plan. 2.2 Strategic Plan The subject site is wholly located within the ‘Rural Residential’ preferred dominant land use designation in Council’s Planning Scheme and is consistent with this strategy.



The strategy indicates that favourable consideration will be given to development which consolidates existing Rural Residential areas. Evidence of the need to establish additional rural residential development, outside the areas zoned for such purpose, is also recognised as part of the strategy. 2.3 Compliance with the Planning Scheme 2.3.1 Scheme Definition Under the arrangements of the transitional planning scheme the Material Change of Use component of the application requires ‘Impact Assessment’ and the Reconfiguring a Lot component is ‘Code Assessable’. 2.3.2 Planning Scheme Provisions The application is to be considered under the superseded Planning Scheme and the following assessment is in line with the 1997 Cooloola Planning Scheme. The Subdivision Design Policy is applicable to the application, which prescribes minimum development standards for subdivisions in the applicable zones. In the rural zone, the provisions are as follows: Minimum Area 100 Ha Minimum Frontage (F) 100m Minimum Rectangle n/a Maximum Frontage to Depth Ratio 1:3 Lead-in Roads 2 lane gravel Frontage Roads 2 lane gravel Services Nil As the applicant has applied for land use entitlements of the rural residential zone the following standards should apply to any approval: Minimum Area 1.5 hectares (for new lots within the

Palms) Minimum Frontage (F) 50 m Minimum Rectangle 40m x 50m Maximum Frontage to Depth Ratio 1:3 Lead-in Roads 2 lane bitumen Frontage Roads 2 lane bitumen New Roads 2 lane bitumen Services Nil The application does not comply with the subdivision of land provisions in the scheme as it proposes lots less than the minimum lot size and dimensions for both the Rural and Rural Residential Zones within The Palms area.



However, all proposed lots exceed the generally accepted standard of 6,000m2 within Rural Residential areas throughout the remainder of the region. It is considered that a reduced lot size is therefore able to be supported, provided sufficient evidence exists that the lots are able to accommodate suitable unconstrained building envelopes and effluent disposal areas. 2.4 Local and/or State Planning Policies Current Council mapping suggests the majority of the site contains Class B Good Quality Agricultural Land, however as the land has been designated for rural residential purposes by Council’s Transitional Strategic Plan, it is considered that State Planning Policy 1/92 has already been addressed. Further the site’s size and positioning adjacent to rural residential development limit its viability for agricultural purposes. No other State Planning Policies are considered applicable.

3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal and Need The site is considered a logical extension of the rural residential area, however there are significant issues in relation to the management and impact of localised flooding on the site. These issues will need to be addressed through appropriate subdivision design and lot layout prior to any approval being issued. 3.2 Impact on Amenity No amenity concerns are raised by the proposal given the adjoining rural residential development and likely community expectation for development of this general area. 3.3 Site Access and Traffic A new road opening is proposed in order to facilitate access to the new lots. Consideration of road connections to adjoining lots is not required as adjoining sites all have access to suitable roads and there is limited potential for future subdivision within the immediate area. Road contributions should apply to any approval, given that the site would then be included within the rural residential development area. Refer to Design Department report for further details regarding traffic and access.



3.4 Flooding The development site contains a natural drainage line and part of the lot is known to be subject to flooding. As such, a flood study was submitted in support of the proposal. However, the study was based upon a catchment of 111 hectares, which is significantly less than the catchment of 146 hectares calculated by Council’s Design Department. A change in projected flood height due to inaccurate calculations could jeopardise the ability of a number of lots to adequately provide building envelopes above the Q100 flood level. An amended flood study will require submission, clearly demonstrating the ability of all lots to accommodate an acceptable flood free building area prior to any subdivision layout approval being issued. Note that an amended lot layout may well be required as a result of varied parameters within the flood study and therefore the current layout is unable to be approved at this time. 3.5 Vegetation No significant vegetation is mapped as occurring on the site and a subsequent site inspection has also confirmed this to be the case. 3.6 Site Contamination This site is not listed on the Environmental Management Register. 4.0 PUBLIC NOTIFICATION The application was publicly advertised in accordance with the Integrated Planning Act 1997 and one (1) submission was received. 4.1 Grounds for Submission Submitters Issues Staff Response Deans Road is not constructed to a two-lane standard.

All but one proposed lot are to have access via the new road opening. The new road will be required to be constructed to Council’s published standards (refer Design report).



Proposed Lots 1,2,4,5 and 6 are situated in a flood inundation area.

Valid comment which is to be addressed with an accurate flood study. The final lot layout will need to reflect the findings of the study.

Poor sight visibility for motorists entering Deans Road and increased traffic numbers impacting on the safety of the Deans Road / Matthew Road intersection.

All lots will require accesses which meet the site distance requirements of the Intersections at Grade code for 70km/h. This appears to be achievable and should ensure that any safety concerns are addressed. See Engineering Report for further details.

5.0 CONSULTATION

5.1 Internal

a) Design Department

Report: (General Manager Design Services Division - R. Chapman)

This engineering report is based on the information submitted by Martoo Consulting and accompanying flood study and geotechnical report by GHD. TRAFFIC The site adjoins the area included in the Rural Residential Sealed Roads Contribution Policy and if approved to be included in the rural residential area it should be on the basis of contributing the same as required under the policy currently $9,983 per lot. FRONTAGE ROAD AND NEW ROAD Deans Road is the single lane frontage road but all lots except lot 1 will have access of the new cul de sac road proposed. The new road will be required to meet the sight distance requirements of the Intersections at Grade code for 70 kmh which should be achievable. The new road will be required to be opened and constructed to Council's published standards. Proposed lot 1 will require an access to meet 70 kmh speed environment to Council's standard.



FLOODING AND STORMWATER The site is inclusive of some low lying land that becomes a flat water course during heavy rains discharging from a catchment of approximately 146 ha. As such, the applicant was required to submit a flood study showing the impacts of a 1 in 100 year event in the catchment. This resulted in a revised road and lot layout being submitted. However, a review of this study shows that the catchment area considered was only 111 ha with nominated flows of 25 cumecs which is 6.8 cumecs less than Council's estimated flows. The applicant should be required to resubmit the flood study to justify the results that were put forward. EFFLUENT DISPOSAL The Geotechnical Report shows that sufficient irrigation areas are available on each site for up to 5 persons / household above the 1 in 100 year flood line. However, as this flood line is still subject to review, there is still some doubt as to the ability of each lot to dispose of the effluent satisfactorily. LOT LAYOUT The results of the flood study (and effect on the effluent disposal area) will dictate the lot layout as the revised layout shows relatively restricted areas for proposed lots 1 to 6. Lot 2 may need a wider truncation to meet intersection design. MISCELLANEOUS Electricity and telecom facilities should be available with upgrades to the developers cost. SUBMISSIONS The one submission received expressed concerns regarding flooding which are being addressed. There is no intention to upgrade the culvert under Deans Road so flows onto the site will not be affected.

5.2 External No Concurrence or Advice Agencies were applicable to the proposal. 6.0 CONCLUSION The application proposes a logical extension of the rural residential area and should therefore be supported. However, as the current flood study for the site is considered to be based on inaccurate catchment calculations, any future subdivision of this land should be restricted to those sections of the property able to accommodate adequate building envelopes above Q100 and a lot layout should not be approved prior to the following work being undertaken:



(i) an amended flood study showing revised catchment area. (ii) if determined necessary, an amended lot layout to reflect the

recommendations of the revised flood study. (iii) if determined necessary, amended geotechnical reports which reflect any

changes outlined in the revised flood study.

P05/06/08 Moved: Cr L.J. Friske Seconded: Cr R.A. Gâté

(A) Recommend that Council, as Assessment Manager, APPROVE

development application DA15699 for Material Change of Use – to apply the land use entitlements of the Rural Residential zone over Lot 1 RP8839331 located at 99 Deans Road, The Palms.

(B) Recommend that Council as Assessment Manager grant a

Preliminary Approval over Lot 1 RP839331 located at 99 Deans Road, The Palms for Reconfiguring a Lot with an application for a Development Permit incorporating the following design details: • a subdivision layout with a supporting flood study, clearly

demonstrating adequate building envelopes within each proposed new lot, unconstrained by the Q100 flood level and able to accommodate acceptable effluent disposal areas.

Carried.



2/2 DA16035 – Request to Change an Existing Approval for Material Change of

Use – Showroom & Shop and Operational Works (Landscaping) – Edwin Campion Drive, Monkland – Calardu Gympie Re: Minute: P06/06/08 Request to Change Conditions of

an Existing Approval From: David Bannister and Company Pty Ltd c/- Martoo

Consulting Approval Details: Development Permit for Material Change of Use for

Showroom and Shop and Operational Work (Landscaping)

File: DA16035 Date: 20 February, 2008

Report: (Interim Manager Development & Compliance – T.M. Stenholm) 1.0 Introduction Council approved a development application for Material Change of Use – Showroom and Shop and Operational Work (Landscaping) over this site at its General Meeting held on 2 October 2007. Copies of the approved plans are inserted following.



2.0 Request to Change The applicant requests a reduction in the water headworks contribution and deletion of condition 17. The relevant conditions read:



’12. Contribution is to be made towards Water Supply Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at $45 344, however, the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

17. In accordance with Planning Scheme Policy 11: Roadworks

Contributions a contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $36 757, however will be in accordance with Council’s Policy and the amount applicable at the time of payment.’

3.0 Applicant’s Submission The applicant submits the following to justify the request: Condition 12 - Reduction in Water Headworks Contribution ‘The landowner has been required to construction(sic) water mains between the second stage of the development (n.b. currently under construction) into the surrounding water supply network. The mains have a diameter of 150mm and should be considered to be headworks items noting other 150mm water mains have been identified as headworks items on Maps in Council’s Planning Scheme Policy Number 7. The requirement to undertake these works as well as pay full headworks contribution is in conflict with the intent of relevant provisions in the Integrated Planning Act 1997 and our understanding of relevant case law. Council’s Planning Scheme Policy Number 7 also makes mention of the ability to undertake certain water supply works in lieu of paying headworks contribution. The landowner company is currently constructing such works which are being undertaken at no cost to Council and are costed at: • 150mm water main from Edwin Campion Drive along Eddie James Road

to Langton Road (cost of $8500) • 150mm water Main from Edwin Campion Drive to Eldorado Road (cost

$8000) Given the above the landowner company requests that the amount of headworks contribution payable be reduced by $16500.00 (or equivalent tenements) and that this condition be amended accordingly.’



Condition 17 – Deletion of Roadworks Contribution ‘This condition requires the payment of a contribution under Council’s Policy 11: Roadwork’s Contributions. This policy, as currently adopted by Council, provides no direction as to a range of matters that is required to determine the basis on which such a contribution has been calculated. Such a direction is provided to some degree in Planning Scheme Policy 12 in relation to making contributions towards the upgrading certain rural residential roads only. This condition requires the payment of a contribution of $36,757.00 to unspecified road upgrading works. The argument presented by Council staff that this is an industry standard is of no legal or town planning relevance whatsoever. Notwithstanding this, Council’s above policy introduces the concept of undertaking works in place of making a contribution as well as a combination of certain works and a contribution. The landowner applicant company wishes to highlight that it is currently undertaking the following works at no cost to Council: • Upgrading to Brisbane Road (Tin Can Bay Road) and Langton Road

intersection at no cost to Council. The landowner is undertaking such works at a cost of at least $220,000.00. These works clearly benefit other landowners and development in the locality and the catchment of Langton Road. Council has obtained contributions from other surrounding developments for intersection upgrading yet in this instance the landowner is to upgrade the intersection as a result of condition 2 issued by the Department of Main Roads as a concurrence agency. It is reasonable to assume that the contribution to be paid in this condition go towards these works in the absence of a definitive planning scheme policy.

• Constructing the new road opening (Eddie James Road) through

Council land and providing all necessary serves(sic) for the development of Council’s land at not(sic) cost to cost(sic). Obviously these works benefit Council’s land and in turn the general community. The cost of these roadworks is in excess of $206,000.00. Likewise it is possible to suggest that the contribution to be paid in this condition could go towards these works in the absence of a definitive planning scheme policy.

Given the above that landowner request that this condition requiring the payment of a contribution of $36757.00 be deleted noting that the landowner is undertaking roadworks on the surrounding public road network costing at least $446,000.00.’



4.0 Assessment Water Headworks Construction of an external water main to service the industrial subdivision development is not a headworks item and should not be deducted from headworks charges for this proposal. As previously reported, headworks charges were not charged on the original subdivision approval to create the lot. Under the current Headworks Policy if no previous headworks contribution have been paid nor any previous use rights exist headworks may be levied with no credits applicable. Road Contribution Advice received from engineering indicates the contribution was calculated on 75% of the GFA industry standard traffic generated rates for this development. There is merit in reducing or waiving the road contribution given the development site’s proximity to a declared main road (Brisbane Road), significant external works required to be done by the Department of Main Roads and roads within the industrial estate being fully constructed to Council’s requirements. This being the case it is difficult to justify where a road contribution could be spent that is relevant to the development. Road contributions for other large developments have previously been waived where there were significant external works being undertaken by the developer that have benefit to additional landowners (ie Centro). 5.0 Conclusion It is recommended that Council not amend the condition requiring payment of water supply headworks but delete the requirement for payment of a road contribution.

P06/06/08 Moved: Cr L.J. Friske Seconded: Cr G.L. Engeman Recommend that in relation to DA16035 for Material Change of Use – Showroom & Shop and Operational Works (Landscaping) over Lot 38 SP185896 located at Edwin Campion Drive, Monkland, Council resolve to issue an amended decision notice: (i) deleting condition 17.

Carried.



2/3 DA17151 – Material Change of Use – Shop – 98-102 River Road & 29 Excelsior Road, Gympie – JTJK Investments Pty Ltd FILE NO: Minute: P07/06/08 DA17151 APPLICANT: JTJK Investments Pty Ltd LANDOWNER: JTJK Investments Pty Ltd RPD: Lot 1 MPH171162, Lot 1 MPH7162,

Lot 1 MPH23371, Lot 1 MPH6535 SITE ADDRESS: 98-102 River Road & 29 Excelsior

Road, Gympie CURRENT USE OF LAND: Vacant PROPOSAL: Material Change of Use – Shop PLANNING SCHEME: 1997 Cooloola ZONE: Commercial (Highway Services) PLANNING AREA: Gympie LEVEL OF ASSESSMENT: Code (Inconsistent Use)

Report: (Interim Manager Development & Compliance – T. M. Stenholm) 1.0 Introduction This application was previously reported to Gympie Regional Council’s Planning and Development Committee Meeting held on 16 April 2008.



At this meeting the Committee recommended refusal of the application based on non-compliance with car parking requirements for a Shop. This recommendation was deleted at the subsequent General Meeting to enable a further submission to be made by the applicants. A full copy of the report and previous staff recommendation is reproduced below.

‘Report: (Planning Officer – M.A. Kucera)

1.0 Introduction This application seeks to obtain Council’s approval for the use of an approved building as a shop. Council approved the use of the site for two (2) showrooms under previous DA12242. The approved plans are reproduced below.



1.1 The Proposal It is proposed to use one of the tenancies as a shop. The application indicates that a Rivers Clothing Clearance Store intends to trade from the premises. Such a use is normally self-assessable in the Commercial Zone in an existing building if car parking requirements comply with the requirements of the Vehicle Parking and Access Code of the Cooloola Planning Scheme.



As the original approval related to the use of the site as a showroom the parking requirement is lower plus 1 space per 40m2 as opposed to 6 spaces per 100m2 of GFA, as required for a shop. 1.2 Site Description The site is presently vacant with previous buildings having been removed or demolished. 2.0 STATUTORY REQUIREMENTS 2.1 Compliance with the Planning Scheme The proposal has been fully assessed in relation to all planning issues and the only aspect of the proposal that requires further assessment is car parking. Showroom means the use of premises with a gross floor area of 200m2 or more for the display and retail sale of bulky goods, or goods in bulk, including hardware electrical goods, furniture, bulk stationary supplies, computer goods, sporting equipment or industrial plant and equipment, motor vehicles, agricultural machinery, vessels, caravans, trailers and the like but not including food items. Shop means the use of premises, exceeding 5m2 for the display and sale of retail goods. Sale of clothing is considered to constitute a shop under the above definitions. The approved use of the two tenancies as a showroom attracts a total of 44 spaces. Based on the floor area for the tenancy to be used as a shop (644.5m2) a requirement of 36 spaces is generated. This is opposed to the 17 spaces required for a showroom of the same floor area. There is a shortfall in 19 spaces between the showroom and proposal shop uses. The applicant has provided justification for Council to consider accepting fewer car parks than would normally be required for a shop based on the use of the site as a Rivers Clothing Store. The following comparisons are provided for alternate sites operated by Rivers: “On-site car parking The proposal plans provides 45 spaces which include2 disabled persons parking bays



The following grounds support the 45 carparking spaces provided on the proposal plan:- a) it is common for other local governments to consider a large retail outlets to

be defined as a showroom as previously suggested to Council. Outlets like Officeworks, Rebel Sport, Amart Sports, Mitre 10, Bunnings and larger fashion stores are commonly defined as a showroom. The application proposes one space in addition to that required if the promises was defined as a showroom. There is also a new Rivers Clearance Outlet in the showroom precinct of the new Noosa Civic complex. The showroom definition in the 2005 Cooloola Planning Scheme allows for both the sale of ‘bulky goods’ and ‘goods in bulk’.

b) The final design of the highway upgrading has caused some design

modifications to the entrance driveway into the site and modification include Council’s preference for the Department of Main Roads to provide a bus stop ear the frontage of the site. The design modification resulted in the loss of car parking opportunities near the entrance and the building certifiers requirement to provide disabled access from the Bruce Highway frontage into the building.

c) It is understood that although Council did not require road opening along

the Excelsior Road frontage of the site at the land use approval stage, Council is requiring such a road opening at no cost at the operational works stage. This has created certain design issues which are yet tot be resolved and it is unfortunate that the applicant has been advised of such a requirement after all working drawings have been completed. This requirement is one matter currently delaying the project and may impact on the number of parking spaces that can be provided on the site.

d) As stated above the proposal relates to the us of 644.5 square metres of floor

space for an outlet selling clothing and ancillary items to the public in clearance warehouse setting. Such a specific proposal involves:-

• Considerable public display areas within the store using manikins,

posters and other means of display the clothing, etc as commonly experienced in such outlets,

• There are relatively large qualities displayed and stored within the premises due to the outlets practice of providing a large range of sizes, colours, patterns, materials and styles to offer customers more choice as opposed to large shops that provide a lot of different types of items and thereby attract a large number of customers; and

• Essentially the proposed Rivers store is a Clearance Outlet accordingly does not operate in a similar manner to a standard retail shop.

e) The following comparisons of parking data from similar Rivers Clearance

Stores is detailed below and has been previously provided to Council for its consideration and remain relevant. It is noted that all the stores referenced are ‘stand alone stores’ with internal dimensions of 500m2 or greater:



Maroochydore: Approximately 600m2 – 16 car spaces (rarely fills except for sale periods & Christmas)

Maryborough: Approximately 500m2 – 16 Car spaces (fills during Christmas)

Dubbo: Approximately 1000m2 – No carpark (road side parking only)

Nowra: Approximately 700m2 – 20 car spaces (rarely fills, except for sale periods & Christmas)

Penrith: Approximately 900m2 – No carpark (road side parking for 3 cars)

Tweed Heads: Approximately 550m2 – 7 car spaces (will fill at busy periods)

Young: Approximately 600m2 – No Carpark (road side parking for 4 cars)

Pakenham: Approximately 650m2 – 5 car spaces (will fill during busy periods)

Traralgon: Approximately 680m2 – No carpark (road side parking for 5 cars)

As can be seen above, even the stores provided with the largest number of carparking spaces (i.e. Maroochydore, Maryborough and Nowra), do as at a parking rate similar to that of the Cooloola Planning Scheme Showroom rate (i.e. 1/40m2). f) Accordingly, it is submitted that given the provision of this further

operational information regarding the proposed Rivers Clearance Store, the business is defined as a Showroom under the 2005 Cooloola Planning Scheme.

Although a Rivers store may generate a lower requirement for car parking than other higher order retail outlets, Council needs to consider the long term ramifications of such a decision. With approval for use of one of the tenancies as a shop, Council has very limited control over future use of the site and would be potentially in a position where they would need to enforce specific conditions of the approval. For example, a shop that generates a much higher traffic requirement such as a supermarket could locate on the site with a substantially inadequate number of parking spaces. Further, there is no ability to provide for overflow parking as the site has frontage to the Bruce Highway & Excelsior Road. Even if the Council policy allowed the provision for a contribution in lieu of on-site parking, there is no Council owned land in the vicinity that could be used to construct car parking in lieu of on-site provision of it. 3.0 PLANNING CONSIDERATIONS The use of the site as a shop is acceptable only with adequate car parking. The number of spaces proposed is substantially inadequate at roughly half of the required spaces provided.



Normally, a requirement to reduce the size of the building to accommodate the required car parking could be considered, however, as the required reduction in floor area would substantially alter the proposal the application would be fundamentally different to what has been applied for. 4.0 CONSULTATION Design Department Report: (General Manager Design Services Division - R. Chapman) This site was subject to a previous Material Change of Use approval and recent Operational Works approval. As such all existing conditions still apply with an issue arising as to the number of car parking spaces required as the Operational Works approval is for 45 car parks. As Cooloola Shire Council's Town Plan requires parking at the rate of 6 per 100 m2 GFA for shops and only 2.5 per 100 m2 GFA for showrooms, there will be a parking shortfall unless the floor areas are reduced. Cooloola Shire Council's Parking Contribution Policy in lieu of car parks does not apply over this area of Gympie. Alternatively, it may be necessary for additional parking to be provided on an adjoining site. Headworks contributions for Water, Sewer and Traffic as per Perseverance Street Traffic Study will require adjustment to suit the new use. Health Department Conditions included on the original showroom approval remain relevant. 6.0 CONCLUSION Given the substantial lack of car parking proposed, the inability for such an issue to be resolved through appropriate conditions and the location of the site on the Bruce Highway and Excelsior Road the application is recommended for refusal. Recommendation: (Director of Planning & Development – M. Hartley) That Council, as Assessment Manager, REFUSE development application DA17151 for Material Change of Use (Shop) over Lot 1 MPH171162, Lot 1 MPH7162, Lot 1 MPH23371, Lot 1 MPH6535 located at 98-102 River Rd & 29 Excelsior Road, Gympie based on the following grounds: 1. The car parking proposed is well below the minimum specified in the

Planning Scheme, is inadequate for the proposal and cannot be resolved through the imposition of conditions without substantially altering the proposal;

2. There are no alternative locations for car parking to be provided given the site’s location on the Bruce Highway and Excelsior Road.’



2.0 Applicant’s Submission The following letter was received from Martoo Consulting on 14 May 2008. ‘I refer to our recent letter to Council dated 21 April, 2008 in relation to the above development application. The applicant maintains that the proposed factory outlet is a “showroom” rather than a “shop” as defined by Council under the 2005 planning scheme of the former Cooloola Shire Council. The photograph below shows one of the two Rivers Factory Outlets approved in the Noosaville area. This photograph shows the factory outlet beside a furniture showroom and a picture framing business and nearby are showrooms for camping supplies, paint and decorating supplies, boating supplies, fishing supplies, lighting, floor coverings, etc. Key elements of the manner that these factory clothing outlets operate include:- - a range of similar goods are offered for sale such a(sic) clothing and

clothing accessories; - goods are displayed in bulk so as to offer a range of sizes, styles and

colours that can be possible through direct factory outlets; and - the presentation and display of goods is such that the goods are displayed

in bulk in a similar manner to factory outlets that sell clothing rather than the way fashion boutiques or department stores often present and display clothing.

However in order to progress Council’s assessment of the development application and to provide Council with greater comfort with the proposed factory outlet operating in a manner similar to that of a showroom it is proposed to specifically define the proposed use in a tiered arrangement as commonly found in manner(sic) contemporary IPA planning schemes. This proposal involves the following for the purpose of this development approval only:- • The development permit approves a material change of use for a “shop

(clothing factory outlet)”; and • The following condition is listed in the resulting decision notice:- For the purpose of this decision notice only the use of the premises for a

“shop (clothing factory outlet)” means a premises exceeding 250m2 gross floor area for the display and sale of clothing and clothing accessories that are similar types of goods and displayed in a bulky manner that offers a range of similar goods for sale to members of the public as a factory type outlet.



The applicant request(sic) that the development permit ensure that the already approved use of a showroom be also allowed in case the current possible tenant decides not to lease the premises for whatever reason.’ 3.0 Assessment Given the applicant’s offer to accept a condition restricting the nature of the shop proposed, the car parking shortfall is considered acceptable. The previous approval for a showroom will remain over the land and able to be utilised as long as the development permit remains current. 4.0 Conclusion It is recommended the application be approved subject to imposition of the condition suggested restricting the nature of the use and all conditions of the previous material change of use approval for showrooms.

P07/06/08 Moved: Cr D.R. Neilson Seconded: Cr R.A. Gâté

Recommend that Council, as Assessment Manager, APPROVE development application (DA17151) for Material Change of Use – Shop (Clothing Factory Outlet) over Lot 1 MPH171162, Lot 1 MPH7162, Lot 1 MPH23371, Lot 1 MPH6535 located at 98-102 River Rd & 29 Excelsior Road, Gympie subject to the following conditions: Assessment Manager’s Conditions Conditions to be Satisfied Prior to Commencement of the Approved Use 1. The development shall be generally in accordance with the plan/s

submitted with the application (Plan No/s. 2006/074 drawn by MRA and dated 01/12/06).

2. All conditions of sections 1 and 2 of development approval

(DA12242) for Material Change of Use – Showrooms are to be completed.

General Conditions of Approval 3. Hours of operation are approved for Monday to Friday 9am-5pm Sat-Sun (including public holidays) 9am-3pm Delivery vehicles are not permitted outside the hours of 7am-6pm

Monday to Friday or 7am-4pm Saturdays, Sundays and public holidays.



4. Loading/unloading operations shall be conducted within the site and vehicles waiting to be loaded/unloaded shall stand entirely within the site.

5. Access to the site is limited to medium rigid vehicles entering via

River Road and exiting via Excelsior Road only. Approval is not granted for the site to be accessed by vehicles larger than a medium rigid vehicle at any time.

6. In the event that a valid complaint of unreasonable noise emissions

from the development is received, Council may require the submission of an environmental noise level study and report which complies with Australian Standard 1055 and The Environmental Protection Agency Noise Measurement Manual and require works and/or management practices to be carried out to ensure noise emissions comply with the requirements of the Environmental Protection (Noise) Policy 1997.

7. A Development Permit for Operational Work (Advertising Devices)

is required for any proposed signage on the site. 8. All appliances and equipment including air conditioner units shall be

installed and/or housed so as to prevent the emission of unreasonable noise.

9. Any lighting on the site is to be angled or shaded in a manner so that

light does not directly illuminate any nearby sensitive premises (eg private residence) causing environmental nuisance.

10. The approved use is restricted to a Shop (in Building 1 on the

approved plan) exceeding 250m2 gross floor area for the display and sale of clothing and clothing accessories that are similar types of goods and displayed in a bulky manner for sale to members of the public as a factory type outlet. Any change to this use will require a further material change of use approval.

Carried.



2/4 DA15538 & DA17343– Material Change of Use - Multi-Residential (4 Dual

Occupancies) – 3 – 7 James Kidd Drive, Gympie – Gympie Gardens Pty Ltd FILE NO: Minute: P08/06/08 DA15538

& DA17343 APPLICANT: Gympie Gardens Pty Ltd LANDOWNER Gympie Gardens Pty Ltd RPD: Lot 6 MCH 5165 SITE ADDRESS: 3 – 7 James Kidd Drive, Gympie CURRENT USE OF LAND: Vacant PROPOSAL: Material Change of Use – Multi-

Residential (4 Dual Occupancies) & Request to Change an Existing Approval

PLANNING AREA Gympie EXISTING ZONE: Housing LEVEL OF ASSESSMENT: Code SUBMISSIONS: Nil



Report: (Contract Planning Officer – S.J. Taylor) 1.0 INTRODUCTION 1.1 The Proposal This application proposes a multi-residential (dual occupancy) development and changes to the existing development approval over the site (DA15538) which granted approval for the subdivision of four (4) additional lots. The request to change comprises layout plans incorporating a “Y” shaped cul-de-sac road design and four larger, more regular shaped lots than the configuration originally approval in DA15538. The above request to change was approved, under delegated authority on 26/10/07 and the proposed new layout is provided below.



The proposal to which this report refers is to consist of (2) single storey detached dwellings on each lot with each dwelling unit including four (4) bedrooms and a double garage.



1.2 Site Description Natural surface levels over the site generally vary in height from approximately 60m AHD to about 70m AHD. The height of the 1:100 ARI flood level is 62.65m AHD in the locality and the southern portion of the site will require filling to ensure proposed building areas are above this height.



1.3 Surrounding Land Uses The existing surrounding land use is predominately single detached residential housing. 2.0 STATUTORY REQUIREMENTS 2.1 Compliance with the Planning Scheme The proposed development is a consistent use within the 2005 Cooloola Planning Scheme and is code assessable. The following codes apply:

• Gympie Planning Area Code • Multi-Residential Code • Erosion and Sediment Code • Infrastructure Works Code • Landscaping Code • Vehicle Parking and Access Code

Gympie Planning Area Code The development site is not within the mixed housing preferred use area and thus, multi-residential development at this location is not supported by the planning scheme. The applicant justifies the proposal on the basis of the approved subdivision being finalised and the resulting units being equivalent to four (4) duplexes which are not inconsistent development outside the preferred unit area. Regardless, the appropriateness of this development intensity needs to be explored to ensure the amenity of existing residences in the area is maintained. In addressing this issue the following points are considered relevant: - existing adjoining residences are well set back from all boundaries of the

development site; - lots just over 600m2 in area adjoin the site on McAuliffe Road and

therefore represent a residential density not dissimilar to that proposed by this application;

- the overall site coverage of the development is well under the probable solution nominated in the multi-residential code;

- the proposed dwelling units are all single storey and will therefore not result in creating overlooking or privacy issues with neighbouring residences;

- the development layout allows for adequate buffering between the proposed dwelling units and existing residential properties through fencing and landscaping;

- the development is proposed to be contained within a new subdivision; and



- traffic from the development is not expected to adversely affect residents in the immediate area.

The proposed development generally complies with other provisions of the Code with the exception of the front building setback for the proposed dwellings on Lots 1 and 4. The proposed setbacks are 4.9m and 5.6m instead of the 6m requirement set out within Council’s Planning Scheme. It is considered that a relaxation of this standard is an acceptable outcome, as the design scale and bulk of the buildings will not overly dominate the future streetscape. Multi-Residential Code The proposed development complies with the Code. Erosion and Sediment Code Adequate conditions can be imposed in any approval granted to manage control or mitigate any issues. Infrastructure Works Code All services to this site have been adequately addressed as part of the previous reconfiguration approval and sufficient capacity is available to cater for this development. Additional headworks charges apply. Landscaping Code The proposal complies with the requirements of Council’s Landscaping Code for this form of development. Vehicle Parking and Access Code On site carparking meets the code requirements, however concerns are raised from a traffic planning perspective. The number of access points at the cul-de-sac in close proximity is considered undesirable and may lead to unsafe traffic movement. In addition this concentration has the potential to impact on kerb side parking and may result in access problems for emergency and waste collection vehicles. 2.2 Local and/or State Planning Policies There are no state or local planning policies applicable to this application.



3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal The proposed development is considered to be an appropriate use of the land, subject to satisfactory vehicular access provisions being achieved. 3.2 Impact on Amenity Proposed access configuration will impact on traffic movement, availability of kerb side parking and access for emergency and waste collection vehicles. 3.3 Site Access and Traffic The engineering report below raises concerns with inadequate manoeuvring of vehicles. A suggestion to address this issue is for the development to be done as a group title style arrangement with the proposed road opening being converted to a private access driveway. This suggestion was conveyed to the applicant who advised a community titling arrangement was not desired. Dependent on compliance with relevant provisions of the applicable codes the titling arrangement cannot be reasonably imposed. 3.4 Car Parking On site car parking meets Planning Scheme requirements however kerb side parking will be compromised by the proposed access arrangements to the lots. 3.5 Flooding The southern section of the property is impacted by flooding, however adequate building areas can be provided above the Q100 flood level. 3.6 Site Contamination The site is not listed in the Environmental Management Register. 3.7 Utilities and Services Water Supply and Sewerage Headworks charges are applicable for this development with credit being given for that charged against the subdivision approval.



Water Supply Headworks 8 units x 2.0 x $1055 = $16 880.00 Less Credit Subdivision Approval 3 lots (1000m2+) x 3.5 x $1 055 = $11 077.50 Contribution Required = $ 5 803.00 Sewerage Headworks 8 units x 2.4 x $1648 = $26 368.00 Less Credit Subdivision Approval 3 lots (1000m2+) x 3.0 x $1 648 = $14 832.00 Contribution Required = $11 536.00 Note: Calculation amounts are applicable until 30 June 2008, however final amounts are to be determined at the time of payment in accordance with Council’s Fees and Charges Schedule. 4.0 CONSULTATION 4.1 Internal (a) Engineering

Report: (Design Services Technical Officer – A.C. Walsh) This engineering report is based on the report (dated October 2007) and

additional information submitted by Martoo Consulting to develop 4 x 4 bedroom duplexes on the four lots and new road opening as approved by Council as part of DA15538.

TRAFFIC Four bedroom units could be considered to generate traffic equivalent to a

three bedroom single dwelling. Therefore, a contribution towards intersection improvements of $1,988 is applicable.

FRONTAGE ROAD Council approved the new road opening required for the four lot subdivision as

part of DA15538 to incorporate a ‘Y’ shaped cul-de-sac head. The proposal plan for this development shows seven of the proposed duplexes gaining access from the branches of the cul-de-sac head and does not address the Planning Scheme requirements for vehicles to enter/exit in a forward direction. The concentration of this number of access points at the cul-de-sac is far from desirable as there is the potential for the overflow of visitors parking to be on the road reserve and this could impede the access of emergency vehicles and waste collection vehicles.



A far better solution for the development is considered to be a Building Unit Plan format with the proposed new road being common area. This would allow for a far greater flexibility in relation to access and parking area and a significant reduction in cost to the developer for the lesser construction standards for a driveway compared to that of a road.

OTHER SERVICES All other services were addressed as part of the reconfiguration approval and

sufficient capacity is available to cater for this development. However additional headworks charges will apply.

Recommendation: (General Manager Design Services - R. Chapman) Council not approve this proposed development in its present form as the

concentration of the vehicle access point at the cul-de-sac has the potential to create access problems for emergency and waste collection vehicles. A better option would be a Building Unit Format plan with the proposed road opening being common area to allow for greater flexibility in relation to access and parking area. 4.2 External (a) Public Consultation Due to the level of assessment for the application, formal notification of the proposal was not required under the Integrated Planning Act 1997. However adjoining property owners were notified of the proposal giving them opportunity to make submissions. No submissions were received. 5.0 CONCLUSION The proposed development is considered to be an appropriate use of the land from a planning perspective, subject to the concerns regarding vehicle access being satisfactorily addressed. Further, it is suggested that the access issues could be resolved by providing a single vehicle access point per duplex arrangement with reciprocal access arrangements for each landowner.



P08/06/08 Moved: Cr G.L. Engeman Seconded: Cr L.J. Friske

Recommend that Council as Assessment Manager withhold a decision on development application (DA17343) for a Material Change of Use – Multi-Residential (4 Dual Occupancies) over proposed lots 1-4 on current Lot 6 MCH5165 located at 3-7 James Kidd Drive, Monkland pending submission of an amended layout that demonstrates on-site manoeuvring of vehicles can occur to enable ingress and egress from each lot in a forward direction. Further, that following submission of a satisfactory amended plan, approval of the application be delegated to the Director of Planning and Development.

Carried.

Cr J. Watt entered the meeting at 9.21 a.m. Cr J.A. Walker entered the meeting at 9.22 a.m.



2/5 DA15325 – Material Change of Use – Multi-Residential (102 Dwellings) –

Bath Terrace, Gympie – Ecorion Property Pty Ltd FILE NO: Minute: P09/06/08 DA15325 APPLICANT: Ecorion Property Pty Ltd LANDOWNER: Ecorion Property Pty Ltd RPD: Lot 67 CP858098 SITE ADDRESS: Bath Terrace, Gympie CURRENT USE OF LAND: Vacant PROPOSAL: Material Change of Use – Multi-

Residential (102 Dwellings) ZONE: Rural PLANNING AREA: Gympie LEVEL OF ASSESSMENT: Code (Inconsistent Use)

Report: (Interim Manager Development & Compliance – T. M. Stenholm)

1.0 Introduction This application was previously reported to Cooloola Shire Council’s General Meeting held on 11 December 2007. At this meeting Council resolved to hold over determination of the proposal pending the submission of additional information.



A full copy of the report and resolution is reproduced below.

‘Report: (Planning Officer – M.A. Kucera) 2.0 INTRODUCTION This application seeks Council’s approval for the creation of a large multi-residential development in a community style complex on Bath Terrace, Gympie. 1.1 The Proposal The proposal seeks to provide three residential precincts within the complex, containing a total of 102 new dwellings. Communal facilities such as BBQ areas, swimming pool, tennis courts as well as storage and maintenance facilities are also incorporated. A variety of dwellings is proposed – small, medium and large – aiming to cater for a range of potential resident requirements. The respective sizes of the dwellings are 93m2, 113m2 and 171m2. Each of the units are to have an undercover car parking space. A reception and manager’s residence is also proposed.



1.3 Site Description The site is presently undeveloped, with significant amounts of vegetation located through the site. A dam exists near the front of the site and the undulating topography results in several gullies dissecting the property east to west.



Total site area is 7.665Ha. 1.4 Surrounding Land Uses The site is adjoined by the North Coast Rail Line, two (2) dwellings, McClintock’s Fuel Depot and Council land to the east. Other surrounding land uses include residential development to the west and south and rural uses including the Pig and Cattle Saleyards to the north. 1.5 Site History An application for reconfiguring a lot – access easement was approved over the adjoining site to the north in 2000 (DA02499). This provides a 4 metre wide access to the allotment from Banks Pocket Road through Lot 580 on MCH5080. The access is four (4) metres wide but not proposed to be used as part of this application. 2.0 STATUTORY REQUIREMENTS 2.1 Intent of the Zone The overall outcomes sought for the Rural Zone are: - for sustainable rural uses to predominate; - valuable economic resources, including extractive resources, good

quality agricultural land and timber, are sustainably managed; and - industrial uses are sensitively located in accordance with community

expectations. The proposal does not comply with this intent. However, it is considered relevant to view this allotment in a more urban context given its proximity to the Gympie CBD and the surrounding urban uses and therefore intended use of the site as a holding zone for urban expansion as opposed to traditional rural uses. 2.2 Compliance with the Planning Scheme 2.2.1 Scheme Definition As the proposal involves a number of individual units the proposal is defined as ‘multi-residential’ under the definitions in Council’s Planning Scheme. 2.2.2 Development Provisions Multi-Residential uses in the Rural Zone are code assessable development. The following codes are applicable: Gympie Planning Area Code Although the use is inconsistent within the zone, it is considered the proposal can still be supported on the following planning grounds:



- the site is in close proximity to the Gympie urban area and is a logical extension of Council infrastructure;

- there is a demonstrated need for low cost housing in Gympie area; - the site assists in providing a range of housing options which is one of the

outcomes sought for the Gympie Planning Area; - long term use of the site for rural purposes is unlikely to be sustainable

given the surrounding land uses and inability to amalgamate with other sites; and

- subject to the submission of a satisfactory water analysis as discussed further in the report the development can be provided with all expected standards of urban development.

No concerns are raised in relation to light or air emissions from this site given the lack of residences in the immediate vicinity. Given the proximity of the site to the North Coast Rail Line, Cattle Saleyards, Main Road, fuel depot and Shooting Range, a noise assessment was requested to be submitted to support the application. The report does not take into account any future intensification of the use of the railway line and only accounts for noise from cattle loading and shunting. Further, the report assesses impact from a potential change in hours of the adjoining fuel depot which indicates there is potential for the fuel depot to exceed accepted noise levels at night, however, the report concludes that as no operations currently take place during evening period no measures are required. Any changes that vary the operating hours of the fuel depot could see an exceedance occur for the manager’s residence. It should be noted that any future intensification of dwellings on this site will require further approval giving Council the ability to re-assess this issue and potentially require noise control measures, if required. Queensland Transport, as a concurrence agency to the application, has included conditions in relation to fencing of the boundary for the part of the site which borders the railline. It is assumed that some consideration into future potential intensification would have been made by this agency in the assessment of the proposal. The report concludes that the proposal is able to proceed from a noise control perspective without any noise control measures being required. No consideration has been made in the report towards the traffic impact on the existing dwelling next to the proposed internal road. Some consideration of this from a noise perspective is required. Specific outcome 5 of the code states that uses are designed and located to avoid significant adverse changes in traffic conditions experienced by occupants of adjoining and surrounding premises. In this regard, the proposal has the potential to significantly impact on the adjoining lot to the east (Lot 3 MPH6980) in relation to access, privacy and amenity.



The proposed road location has potential to severely impact on the existing amenity experienced by this resident. In order to achieve a suitable intersection to Bath Terrace to meet visibility requirements the road alignment is to be located abutting the property boundary for the existing dwelling, which is located 1.5 metres from the property boundary. The proposed road is to be located 2.3 metres from this property boundary. Significant amounts of filling works will be required to achieve a suitable entrance to Bath Terrace. This is likely to result in a steep embankment (nearly 3 metres) between the road and the adjoining property boundary. Issues in relation to privacy and amenity are significant. While landscaping works on the embankment can be undertaken, it will also be necessary for fencing to be provided. However, it should be noted that a fence in excess of a standard 1.8 metres would be required to block out the potential overlooking by vehicles into the living areas of the residence. An indicative design of buildings and structures proposed on the site is reproduced below:

As can be seen, single storey buildings are proposed which is consistent with the limited number of buildings surrounding the site. It should be noted that this area has no distinct building style or design that warrant any special design features to be incorporated into the building design. A plan of the final design of the buildings should be submitted prior to lodgement of building works to ensure that no significant changes to the above style of building is proposed. The proposal nominates boundary setbacks consistent with the housing zone as opposed to those of the rural zone (ie. 1.5 metres to side and read boundaries).



This is considered acceptable given the urban use proposed, the density of the development and the reduced need to provide adequate buffers to adjoining residences due to the site location. Multi-Residential Code Given the large site the proposal has no problem complying with the site coverage and plot ratio nominated in the scheme of 40% and 0.6 respectively. The site coverage is 18.4% and plot ratio 0.18. Unit density is nominated in the code as 1 dwelling per 250m2 of site area. The proposal complies as it provides 1 dwelling per 750m2. The site is partially contained within a bushfire prone area according to Council’s mapping. The primary threat from bushfire would be from Council’s land to the east. An evacuation management plan needs to be implemented in the event of bushfire on this site. The intentions of Council in relation to the future use of this land may see it developed and potentially will reduce a bushfire threat through the reduction in vegetation on the allotment. Private open space areas are proposed for each allotment with individual clothes drying facilities. A condition relating to the size and dimensions of the open space consistent with the code objectives is included in the recommendation. All units have direct ground level access to open space. Communal open space is provided for in each precinct, with a swimming pool, tennis courts and BBQ facilities proposed. The plans indicate that the communal areas will substantially exceed the minimum nominated in the code of 0.2m2 per square metre of GFA. A communal storage area is provided near the frontage of the site to Bath Terrace, however, it is likely and logical that occupants will store goods in close proximity to their dwellings. The distance between the residential precincts and this storage area makes the use of it for small items unlikely. Each residential precinct will be required to have a refuse storage area. This will allow a communal pick up facility for garbage on collection day. Although a wheelie bin storage area is proposed, it is considered unlikely that people will not locate their bin in close proximity to their dwelling given the proposed layout. An imperviously paved area at each dwelling should therefore be required. Visitor parking areas are considered adequately integrated into the development and do not dominate the streetscape. Infrastructure Works Code The site is included within the Water Service Area, but not the Sewerage Service Area under Council’s Planning Scheme Policy 4. A concrete footpath is required for the full frontage of the site.



The applicant proposes to construct all internal roads to Council’s urban design standard, which will allow for access by Garbage Truck. Given this, internal street lighting should be provided to a suitable standard. Details of such can be assessed as part of the subsequent operational works application. Landscaping Code A landscaping strip along the frontage of the site is considered warranted in accordance with scheme requirements – 2 metres averaging three metres. Given the large site and lack of surrounding development landscaping for this site needs to be tailored to suit its characteristics. The style of the development (with individual non-attached dwellings) lends itself to the inclusion of street trees for the internal roads. This is recommended. Fencing has been required by Queensland Transport abutting the railline. No conditioned landscaping is considered warranted along this boundary. Boundaries to the other adjoining lots (two residential lots beside the property on Bath Terrace and the rural lot to the north) should be fenced with a 1.8 metre high timber paling fence or similar material and landscaping provided to adequately preserve the amenity of the existing residences. Erosion and Sediment Control Code The main issue is the treatment of the embankment between the internal road intersection with Bath Terrace along the adjoining property boundary with the neighbouring dwelling. Several treatments are required to reduce adverse impacts. A retaining wall on the corner of the site will be required. On top of this a fence to 1.8 metres will be required. The embankment should also be stabilised through landscaping works. This will be assessed in detail as part of the operational works application, with an appropriate condition included on this approval. Erosion and sediment control measures will be required for all internal roads during construction. 2.4 Local and/or State Planning Policies State Planning Policy 1/92 is applicable as the site is mapped as containing good quality agricultural land. The site is isolated in terms of future agricultural viability and has limited opportunities for amalgamation with other sites. Given the proximity of the site to the Gympie Urban area future use of the site for rural purposes is considered unlikely.



3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal This development proposes a something different in terms of housing choice in the Gympie area. Given the demand for low cost rental accommodation this proposal is considered to fill a demonstrated need in the city. Although the location of the development is currently towards the fringe of the urban area, it is anticipated that additional urban settlement will occur surrounding this site which will lead to increased services in the immediate locality. The site is still relatively close to the Gympie CBD and is serviced by public transport. Transport services on this route are likely to be boosted as a result of increased demand created by the transport disadvantaged. 3.2 Impact on Amenity Given the limited settlement in this area and the surrounding land uses no significant concerns are raised in relation to amenity by this proposal. Preservation of existing amenity for adjoining residences is howe

Documents

2008-06-04 Planning & Development Committee Meeting Minutes · 2013. 4. 1. · Planning & Development Committee Meeting – 4th June 2008 - 4 - Gympie Regional Council SECTION 1: