LIVE-#2749995-v1-Agenda - Planning & Environment Committee … · within the extent of the 100 year ARI flood event; e. Identify the need and tenure for flood detention areas to ensure

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Agenda – Planning & Environment Committee – 13 October 2010 - #2749995

PLANNING AND ENVIRONMENT COMMITTEE

13 OCTOBER 2010 7

RECONFIGURING A LOT – 23-25 SIMS ESPLANADE, YORKEYS KNOB - DIVISION 8 Jenny Elphinstone: 8/13/1343: #1689084 PROPOSAL: RECONFIGURING A LOT APPLICANT: (STATEWIDE SECURED INVESTMENTS LIMITED) SOUTH BEACH DEVELOPMENTS PTY LTD C/- RPS AUSTRALIA EAST PTY LTD PO BOX 1949 CAIRNS QLD 4870 LOCATION OF SITE: 23-25 SIMS ESPLANADE, YORKEYS KNOB

PROPERTY: PART OF LOT 33 RP804488 PLANNING DISTRICT: CAIRNS BEACHES PLANNING AREA: TOURIST AND RESIDENTIAL PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: DEPARTMENT OF ENVIRONMENT AND

RESOURCE MANAGEMENT (FORMERLY KNOWN AS ENVIRONMENTAL PROTECTION AGENCY)

NUMBER OF SUBMITTERS: NOT APPLICABLE DATE APPLICATION LODGED: 8 APRIL 2008 STATUTORY ASSESSMENT DEADLINE: EXPIRED DIVISION: 9 APPENDIX: 1. PROPOSED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. DEVELOPER CONTRIBUTION CALCULATIONS 4. SUPPORTING INFORMATION TO PLANNING REPORT

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LOCALITY PLAN

RECOMMENDATION: A. That Council approves a Preliminary Approval for the Development

Application for Reconfiguring a Lot over land described as Lot 33 on RP804488, located at 23-25 Sims Esplanade, Yorkeys Knob, generally in accordance with the Conics (Cairns) Drawings 9610-3 Issue C Proposed Layout Dated 10/03/2009 and Drawing 9610-7 Tree Location Plan Dated 1/07/2009, For Plans Of Lots 36-41, Cancelling Part Of Lot 33 On RP804488), as contained in Appendix 1, and subject to the following additional requirements being met:

APPROVED DRAWING(S) AND/OR DOCUMENT(S) The term ‘approved drawing(s) and/or document(s)’ or other similar

expression means:

Drawing or Document Reference Date Proposed Layout To be advised To be advised

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:-

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a. The specifications, facts and circumstances as set out in the

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

Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval. Timing of Effect 2. The conditions of the Preliminary Approval must be effected prior to

lodgement of a Development Permit. Lot Yield 3. The allotment yield as detailed on Drawing No. 9610-3, Issue C dated 10

March 2009 prepared by Conics (Cairns) will reduce due to constraints. The lot yield will ultimately be determined following compliance with the conditions of this approval with particular reference to condition 3 below.

Lot Layout and Boundary Siting 4. The lot layout and boundary siting must be revised to incorporate the

following modification: a. The inclusion of the following groupings of trees marked 1 & 2; 3 –

49 inclusive; 50 – 52 inclusive; 53 & 54; 55 - 57 inclusive; 58 – 62 inclusive; and 64 & 65 as numbered on the Tree Local Plan, Conics Drawing 9610-7 dated 1 July 2009 in conservation covenants where the covenant area includes the tree trunk and an area of five (5) metres distance from the outside of the tree trunk;

b. The inclusion of the defined wetland area, plus an additional 10m

buffer on either side of this area in a conservation covenant. c. The common boundary of lots must be sited so that any boundary

line is at least one (1) metre from the trunk of any of the trees marked 1 – 65 on the Tree Local Plan, Conics Drawing 9610-7 dated 1 July 2009;

d. Each new lot must be capable of achieving a building envelope of

minimum dimensions of 20m x 30m clear of land included in conservations covenants and/or drainage easements;

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e. Developable land must be filled to achieve a Q100 plus hydraulic

modelling flood immunity. No fill can occur in the conservation covenant areas or required drainage areas and no filling can be such that detrimentally impacts on the covenant area or the drainage areas;

f. Provide a single vehicle crossing to each lot at a point suitable

having regard to conservation covenants on the land required under Condition 4 (a) and (b) and the retention of trees in the adjacent road reserve; and

g. The proposed new boundaries (required under Conditions 3(a), (b),

(c), (d) and (e) above) are to be pegged, by a qualified surveyor, on site prior to the lodgement of the Survey plan for signing and dating.

An amended plan incorporating the above requirements must be

submitted prior to the issue of a Development Permit Drainage Study of Site 5. Undertake a local drainage study of the site to determine the drainage

impacts on upstream and downstream properties and the mitigation measures required to minimise such impacts. The study must have regard to the works undertaken previously for this site by Cardno CCS and the reports and calculations provided by Cardno (including Cardno CCS correspondence with Council via email on 16 November 2006 and Cardno CCS correspondence with Council via email on 22 November 2006). In particular, the study must address the following:

a. The contributing catchment boundaries; b. The extent of the 100 year ARI flood event in relation to the site

both pre and post development; c. Primary and secondary flow paths for the 2, 10 and 100 year ARI

flood events; d. Identify the extent of the drainage easements to contain all land

within the extent of the 100 year ARI flood event; e. Identify the need and tenure for flood detention areas to ensure a

no worsening impact on downstream properties for the entire development;

f. Information on the proposed works and any impacts proposed at

the drainage outlet from the proposed development; and

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g. Lawful point of discharge. The study must be endorsed by the Chief Executive Officer prior to the

issue of a Development Permit. Lawful Point of Discharge 6. All external 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 to the requirements and satisfaction of the Chief Executive Officer.

Developer Contributions 7. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of water supply, sewerage infrastructure, traffic management and road upgrading, stormwater drainage services, stormwater quality and for community purpose infrastructure.

Contributions must be paid at the rates applicable at time of payment.

Payment is required prior to the issue of a Compliance Certificate for

the Plan of Survey. CONCURRENCE AGENCY CONDITIONS & REQUIRMENTS

Concurrence Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department Of Environment and Resource Management

IPCC01094308 11 AUGUST 2009

2190317

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 two (2) years from the day the approval takes effect in accordance with the provisions of Section 339 of the Sustainable Planning Act 2009.

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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 potential cyclone warning 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

relevant Local Laws and statutory requirements. 4. For information relating to the Sustainable Planning Act 2009, log on to

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

5. 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 & Innovation (formerly the Department of Primary Industry & Fisheries) (21-23 Redden Street, Cairns), Council’s Land Protection or the following website: www.deedi.qld.gov.au.

B. That the applicant be further advised that subject to the additional

requirements listed above being satisfactorily met that the following conditions are likely to apply to a subsequent Development Permit:

APPROVED DRAWING(S) AND/OR DOCUMENT(S) The term ‘approved drawing(s) and/or document(s)’ or other similar

expression means:

Drawing or Document Reference Date Proposed Lot Layout Plan To be advised To be advised

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;

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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

issue of a Compliance Certificate for approval of the Plan of Survey, except where specified otherwise in these conditions of approval.

Filling of Lots 3. Each lot must be filled to achieve a Q100 plus hydraulic modelling flood

immunity for the building envelope area and access thereto. No fill can occur in the conservation covenant areas or drainage areas and no filling can be such that detrimentally impacts on the covenant area(s), drainage areas or significant trees.

The applicant must ensure that as a result of the filling there is no

impact on upstream or downstream drainage. Details of the proposed fill must be provided as part of the application

for a Development Permit for Operational Works. All filling must be completed and stabilised to the satisfaction or the

Chief Executive Officer prior to the issue of a Compliance Certificate for approval the Survey Plan.

Developer Contributions 4. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of water supply, sewerage infrastructure, traffic management and road upgrading, stormwater drainage services, stormwater quality and for community purpose infrastructure.


Payment is required prior to the issue of a Compliance Certificate for

the Plan of Survey.

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Public Art Contribution 5. Pay a monetary contribution to Council in accordance with Council’s

General Policy – Public Art towards the provision of Public Art within the community.


On the present method of calculation, the contributions are $200 / Lot. Payment is required prior to the issue of a Compliance Certificate for

approval of the Plan of Survey. Water Supply Works Internal 6. Undertake the following water supply and sewerage works internal to

the subject land:- a. Provide a single internal sewer connection to each lot in

accordance with the FNQROC Development Manual; and b. Provide a single internal water supply connection to each lot in

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

with the FNQROC Development Manual. All works must be carried out in accordance with the approved plans,

to the requirements and satisfaction of the Chief Executive Officer prior to the issue of a Compliance Certificate for approval of the Plan of Survey.

Water Supply and Sewerage Works

7. The applicant/owner must undertake sewerage works to connect the

subject land to Council’s existing sewerage infrastructure, in particular:-

a. Each allotment must be provided with a single internal sewer

Property Connection Branch (PCB). b. Finished surface levels are to be such that the existing sewer is

capable of controlling the whole of each allotment. All works must be designed and constructed in accordance with the

FNQROC Development Manual.

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All works must be carried out in accordance with the approved plans,

to the requirements and satisfaction of the Chief Executive Officer prior to the issue of a Compliance Certificate for approval of the Plan of Survey for each respective stage.

8. No works shall be carried out on or connections made to existing water

supply or sewerage infrastructure without the prior written approval of Cairns Water & Waste.

9. 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 developers cost, prior to the commencement of use.

External Works 10. The applicant/owner must at their own cost undertake the following

works external to the subject land noting that special treatments will be required in relation to large melaleuca trees surrounding the site:

a. Construct a kerb and channel to the full site frontages of Sims

Esplanade, Wattle Street and Kempton Street, noting that if there are hydraulic considerations for flood conveyance Council may accept that the kerbing for the width of the drainage easement is a concrete invert or edge restraint per FNQROC Standard drawing S1000;

b. Construct new pavement widening and asphalt seal for the full

Wattle Street and Kempton Street frontages of the allotment to a major collector standard as per Council Standard drawing S1006-CCC;

c. Remove any redundant crossovers to the site; d. Construct a 2m wide concrete footpath extending from the existing

concrete footpath on the Sims Esplanade frontage having regard to existing trees;

e. Reconstruct Sims Esplanade including existing on-street car

parking located at the southern end of Sims Esplanade having regard to existing road grades immediately to the north of the site. The reconstruction of Sims Esplanade must include:-

i. Kerb and channel and asphalt seal for the full street frontage;

and

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ii. Provision of an underground piped drainage system. f. Provision of concrete crossover(s) and apron(s) at ingress and

egress points of the site; g. Generally, vegetation on Council roads must be retained. An

application to remove any vegetation on the road will be assessed as part of the application for a ‘Local Law No. 22 (Activities on Roads) permit. Vegetation that has to be removed must be clearly identified and flagged;

h. Council has calculations and reports undertaken by Cardno CCS

confirming the operation of the drainage system through the site including the impact of the culverts under Kempton Street. In accordance with this technical advice the applicant/owner is to upgrade the culverts under Kempton Street as identified by Cardno CCS correspondence with Council via email on 16 November 2006 to provide capacity to convey flows from a one hundred (100) year ARI storm event, (that is, Q100 capacity); and

i. In addition the applicant/owner is to undertake any upgrades to

the cross drainage at Wattle Street identified in the drainage study required under Condition 18 to facilitate the proposed filling of the site. Alternatively the Applicant/owner is to extend the drainage easement to the extent of the 1 in 100 year average return interval flood event and no filling is to occur within this flood zone. This will require changes to the layout with some lots deleted to accommodate the increased drainage easement.

All works in the road reserve need to be properly separated from

pedestrians and vehicles, with any diversions adequately signed and guarded. Particular attention must be given to providing safe passage for people with disabilities i.e. the provision of temporary kerb ramps if pedestrian diversions are necessary.

All external works shall be designed to accommodate existing trees and

significant vegetation on the land and in the adjacent road reserve.

The external works outlined above require approval from Council in accordance with 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 the issue of a Compliance Certificate for approval of the Plan of Survey.

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Statutory Covenant for Environmental Purposes 11. A Statutory Covenant for Environmental Purposes (generally detailing

all native vegetation is to be retained with the exception of overgrown grass and dangerous, diseased, dying or dead plants or branches), must be registered over part(s) of the land where the area of the bcovenant is that required under condition 3 (a) and (b) of the Preliminary Approval. The Covenant is to be registered at the same time of registering of the Plan of Survey with the Department of Environment and Resource Management. The covenant is required to include the following clauses:

a. The covenantor must not use the land or undertake operational

works or building works in a way that interferes with or destroys any endemic vegetation, including undergrowth and regrowth, in the covenant area;

b. The covenantor must not use the covenant area for construction

of improvements or the erection of buildings or for storage of materials;

c. The covenantor must not alter the drainage patterns of stormwater

across the land or impede natural flows; d. The covenantor must not carry out any landscaping within the

covenant area or allow the introduction of non-endemic plant species into the area;

e. The covenantor may apply to the council for a permit to remove

vegetation that poses an immediate and severe hazard to the dwelling or the occupants of the lot;

f. The covenant area must be maintained in its natural state. Garden

waste and any other waste must not be disposed of or stored within this area. Overgrown grass may be removed to minimise the fire risk. Other plant material, dead or alive must not be removed as this performs a habitat function in the ecosystem; and

g. Existing native and mature vegetation shall only be removed with

the prior written consent of the Chief Executive Officer. All vegetation proposed for removal shall be marked by the applicant/owner and approved by Council Officers prior to being removed. Council’s Development Assessment Branch is to be notified of the proposed date of commencement of any approved vegetation clearing.

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Vegetation Clearing 12. Existing vegetation on the subject land must be retained in all areas

except those affected by construction of roadworks/access driveways and/or installation of services as detailed on the approved plans as stated in this approval. Any further clearing requires an Operational Works Approval.

Vegetation to be retained is to be identified and adequately fenced off

for protection purposes prior to construction work commencing on the site.

The applicant/owner must engage the services of a suitably qualified

arborist to carry out any work on any trees with a trunk diameter in access of 30 centimetres at 1.2 metres above ground level. This work includes branch removal where necessary and root pruning during excavation for works;

Buffer Around Vegetation 13. A minimum 2 metre wide buffer shall be provided around the vegetation

to be retained. This buffer must consist of suitable fencing to ensure that machinery, equipment or construction materials are not stored or used within this area. This buffer is to be established prior to the commencement of any works on the site and must be maintained at all times for the duration of the construction to the satisfaction of the Chief Executive Officer.

Council’s Development Assessment Branch is to inspect the buffer

prior to machinery, equipment or construction materials being delivered to the site.

Wildlife 14. 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.

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Landscape Plan 15. Undertake remediation and revegetation landscaping of the 10m buffer

on either side of the wetland area in accordance with FNQROC Development Manual and in accordance with a landscape plan. Two (2) A1 copies and one (1) A3 copy of the landscape plan must be lodged together with the application form and fee to the Chief Executive Officer for a Compliance Certificate to be issued prior to the issue of a Development Permit for Operational Work.

Areas to be landscaped must be established prior to issue of a

Compliance Certificate for the Plan of Survey and must be maintained for the duration of the on-maintenance period to the satisfaction of the Chief Executive Officer.

Drainage Easement

16. The applicant/owner must register an easement for drainage purposes to the satisfaction of the Chief Executive Officer as the area identified for easements on the Plan Proposed Layout, prepared by CONICS (Cairns), Drawing 9610-3 Issue C dated 10 March 2008. The easement must include an access path having a minimum width of 3 metres on either side of the swale. The easement must be registered in conjunction with the registration of the Plan of Survey. The easement may include provisions to allow reciprocal access for maintenance purposes.

Existing Creek and Drainage Systems 17. 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.

Sediment and Erosion Control 18. A sediment and erosion control plan must be submitted prior the issue

of a Development Permit for Operational Works. Such plans 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).

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Lawful Point of Discharge 19. All external 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 to the requirements and satisfaction of the Chief Executive Officer.

Electricity Supply 20. Written evidence from Ergon Energy advising if distribution

substation/s are required within the development must be provided. If required, details regarding the location of these facilities must be submitted to the Chief Executive Officer accompanied by written confirmation from Ergon Energy. Details regarding electricity supply must be provided prior to the issue of a Development Permit for Operational Works.

Electricity and Telecommunications 21. Written evidence of negotiations with Ergon Energy and the

telecommunication authority must be submitted to Council stating that both an underground electricity supply and telecommunications service will be provided to the development prior to issue of a Compliance Certificate for the Plan of Survey.

Street Lighting 22. The following arrangements for the installation of street lighting to the

Wattle Street and Sims Esplanade frontages of the land must be provided prior to the issue of a Compliance Certificate for the Plan of Survey:

a. Prior to the approval and dating of the Survey Plan a Rate 2

lighting scheme is to be prepared by Ergon Energy or its approved consultant and submitted to the Chief Executive Officer for approval. The Rate 2 lighting scheme is to be designed in accordance with the relevant Road Lighting Standard AS/NZS 1158 and the FNQROC Development Manual. The applicable lighting category is to be determined from the Road Hierarchy Table D1.1 and the corresponding applicable Lighting Categories Table D8.1 as identified in the FNQROC Development Manual.

The design must provide the applicable illumination level specified

in the Road Lighting Standard AS/NZS 1158 at the following road elements:

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i. LATM devices

ii. Roundabouts iii. Pedestrian refuges iv. Intersections

b. Prior to approval and dating of the Survey Plan, written

confirmation that the relevant capital contribution required by Ergon Energy has been paid must be submitted, to ensure that the street lighting will be constructed.

c. Where a new intersection is formed on an existing roadway for the

purpose of accessing a new subdivision development, both the intersection and the existing road for two spans of lighting either side of the intersection shall be provided with lighting to the relevant Lighting Category.

EXECUTIVE SUMMARY: The land is currently a single lot that has frontage to Sims Esplanade, Wattle and Kempton Streets. The application seeks to reconfigure part of the land to create six lots. Approval has previously issued over the balance part of the land to create and excise two lots fronting Sims Esplanade. As this latter approval has not been acted on the application is essentially creating seven lots (the two lots fronting Sims Esplanade being the one “balance” lot). Concern is raised with the size and configuration of lots, particularly those that are severely constrained by natural features of the swale and trees. The area of developable land is limited by these constraints to the extent that the proposed configuration is untenable and if reconfigured would necessitate future removal of significant areas of trees to enable development as per the intent of the Tourist and Residential 3 Planning Area. Since the original lodgement of the application the applicant has gone into receivership and the “applicant” status has been taken over by the applicant’s mortgagee, Statewide Secured Investments Limited. Repeated requests have been made for a plan that outlines the constraints of the conditions of the Preliminary Approval to demonstrate how development is limited by these constraints. Despite the requests, forwarded since December 2009, to the applicant’s (and mortgagee’s) consultant no plan has been forthcoming. On advice from the consultant that it is no longer engaged to act on the mortgagee’s behalf Council officers wrote directly to the mortgagee requesting the plan be prepared and submitted specifically advising that should no action occur the matter would be reported to Council for determination. Council has a responsibility under the Integrated Planning Act 1997 and the Sustainable Planning Act 2009 to determine the application. It is recommended that the approval be limited to a Preliminary Approval requiring development to be respectful of the physical constraints and significant vegetation.

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TOWN PLANNING CONSIDERATIONS: Background On 24 November 2005 Council issued Development Permit 8/13/979 to reconfigure Lot 33 on RP804488 into two lots, either side of the central swale. This Permit has not been acted on and the currency period ends on 24 November 2010. On the 30 November 2006 Council approved Development Permit 8/7/283 for the development of Multi Unit housing on the land and the adjacent Lot 35 on RP705890 which also fronts Sims Esplanade. This approval has not been acted on and the currency period of the approval ends on 30 November 2010. Request has been made to amend this approval. Council is unable to consider the request as the applicant has not referred the IDAS application to amend the Permit to Environment Protection Agency (EPA). The EPA is a Concurrence Agency to this Permit. A separate development application 8/7/793 was lodged on 24 January 2007 for the development of the western end of the existing large lot, that is, west of the swale area on Lot 33 on RP804488, for Multi Unit Houses. The Environment Protection Agency, acting as a concurrence agency issued a request for further information on 16 April 2007. The applicant did not provide any response to the request and the consequently the application lapsed. Development Permits 8/13/979 and 8/7/283 remain valid and applicable to the land until the end of their respective currency periods or at such time the land is developed under the application now before Council and then both Permits will lapse as they will be unable to develop as per the approvals issued. On 30 June 2008 Development Permit 8/13/1301 issued by Council’s Delegate to reconfigure part of Lot 33 thereby excising the land fronting Sims Esplanade into two (2) lots and maintaining a balance lot which is the subject of this application. The approval contained a number of conditions that had regard to the development requirements for the Sims Esplanade frontage as well as consideration of the swale in the balance part of the land. To date this approval has not been acted on. Proposal Application is made to reconfigure part of Lot 33 into six (6) lots, effectively seven (7) lots including the balance land. The proposed lot layout is detailed on the plan contained in Appendix 1. The new lots vary in size from 1,000m2 to 3,021m2. The larger lots are constrained by a natural swale that traverses the land. The swale will be conserved by a drainage easement. Each of the new lots will have frontage to existing road. Details regarding the trees existing on site are included in the layout plan.

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CairnsPlan Assessment

CairnsPlan Barron-Smithfield Planning District

Code Applicability Compliance

Planning Area Tourist and Residential Complies Land Use None proposed r -

Hillslopes r - Vegetation Conservation & Waterway Significance Refer to comment Cultural Heritage r - Potential or Actual Acid Sulphate Soil Material Complies Bushfire Management r - Flood Management Refer to comment Height and Impact of Buildings r - Operational Aspects of the Cairns International Airport Complies

Overlays

Demolition r - Excavation and Filling Code Complies Infrastructure Works Code Refer to comment Landscaping Code Refer to comment Parking & Access Code r - Reconfiguring a Lot Code Complies

General

Development Near Major Transport Corridors & Facilities Complies

Compliance Issues Lot Size and Natural Constraints: Tourist and Residential Planning Area Code; Vegetation Significance and Landscaping Code; and Reconfiguring A Lot Code Concern is raised with the layout and likely impact on natural features. While the swale is protected by a natural covenant, refer below, little provision is made to protect the stands of vegetation. Having regard to the natural constraints future development of proposed Lots 37, 39 and 40, if approved in their current configuration, are likely to necessitate the removal of a significant extent of the natural vegetation. A condition of the approval requires an amalgamation of some lots to have regard to the physical constraints and future development needs. Flood Management Code The land contains a large swale that is part of a local drainage system. Drainage from the hill the other side of Evans Street comes down this swale parallel to Sims Esplanade, across Wattle Street, through the land and across/under Kempton Street. The drainage line is important for other development in the area. Barron River flood water backs up through the swale as well. The issue is addressed by provision of a drainage easement. Infrastructure Works Code Conditions of the approval include the construction of kerb and channel, street lighting, new pavement widening and asphalt seal, provision of a single crossover for each lot and removal of redundant crossovers. The external works must be designed to accommodate existing trees and significant vegetation.

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While the application does provide for lots that can be further developed for medium density housing, it also creates lots that could reasonably support a large House. The development of a House is not subject to the imposition of the Infrastructure Works Code, as it is assumed that the creation of any lot under the scheme in a Tourist and Residential Planning Area can accommodate a house as an appropriate use. It is therefore important that any streetscape requirements be provided at this time, as would be the case in a standard subdivision development. Referrals The Department of Environment and Resource Management (DERM) provided a concurrence decision and referral agency advice. A copy of the agency decision is included in Appendix 2. The agency recommended that the assessment manager conditions include the following requirements: a. The proponent must implement a sediment and erosion control plan, which adopts

the measures set out in the Institute of Engineers Queensland Guidelines for Sediment and erosion control on building sites. This plan must be prepared by an appropriately qualified person;

b. The proponent must ensure that best practice environmental management

(BPEM) measures are employed for stormwater that is discharged from the site; and

c. The proponent must enter into a conservation covenant that encompasses the

defined wetland area, plus an additional 10m buffer on either side of this area. This buffer must be revegetated with native species which are endemic to this region.

A plan detailing the constraints as identified by DERM is included in Appendix 4.

Officer Comment Conditions of the development permit have specific regard to the drainage swale and a no worsening situation for any stormwater. A further condition requires the protection of established Melaleuca trees by the inclusion of conservation covenants. HEADWORKS / CONTRIBUTIONS: The proposed development triggers Developer’s Headwork’s Contributions. Refer to Appendix 3 to view calculations. Jenny Elphinstone Simon Clarke Senior Planning Officer Manager Development Assessment Action Officer

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

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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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Documents

LIVE-#2749995-v1-Agenda - Planning & Environment Committee … · within the extent of the 100 year ARI flood event; e. Identify the need and tenure for flood detention areas to ensure