LIVE-#3049527-v1-Agenda - Planning & Environment Committee 9 … · 2011-02-08 · 318 Agenda – Planning & Environment Committee 9 February 2011 - #3049527 All works must be carried

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Agenda – Planning & Environment Committee 9 February 2011 - #3049527

PLANNING & ENVIRONMENT COMMITTEE

9 FEBRUARY 2011

8 RECONFIGURING A LOT (11 LOTS INTO 20 LOTS) – 22-24 TRINITY BEACH ROAD, TRINITY BEACH – DIVISION 9 Luke Jackson: 8/13/1564: #2676393 PROPOSAL: RECONFIGURING A LOT (11 LOTS INTO 20 LOTS) APPLICANT: ENBERG & BRENDERWIN PTY LTD C/- BRAZIER MOTTI PTY LTD PO BOX 1185 CAIRNS QLD 4870 LOCATION: 22-24 TRINITY BEACH ROAD, TRINITY BEACH PROPERTY: LOT 2-12 ON SP173572 PLANNING DISTRICT: CAIRNS BEACHES PLANNING AREA: TOURIST AND RESIDENTIAL PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: DEPARTMENT OF ENVIRONMENT &

RESOURCE MANAGEMENT NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 21 FEBRUARY 2011 APPLICATION DATE: 29 JULY 2010 DIVISION: 9 APPENDIX: 1. APPROVED PLAN(S) AND DOCUMENT(S)

2. SUPPORTING INFORMATION - EXAMPLE HOUSE DESIGNS

3. HEADWORKS CONTRIBUTION ESTIMATE

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LOCALITY PLAN

RECOMMENDATION: That Council approves the application for Reconfiguring a Lot (11 Lots into 20 Lots) on land described as Lot 2-12 on SP173572 and located at 22-24 Trinity Beach Road, Trinity Beach, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Blue Lagoon Proposed

Reconfiguration of a Lot Revision B 16/9/2010

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 approval

and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

Amendment to design 3. The design is to be amended so that the location of all existing services are

shown clearly on the plans including fully dimensioned offsets to the proposed property boundaries. The turnaround area and suitable offsets for vehicle clearway zones are to be included in the proposed private road common property. The location of all proposed new services and any easements associated with these services are to be shown on plans that include the existing driveway and existing infrastructure. Clearances to services and offsets from boundaries must also be shown.

Any amendments required to the design are to be included on a revised plan

of development that must be submitted to Council and must be to the requirements and satisfaction of the Chief Executive Officer prior to the approval for operational works.

Street Layout and Design 4. The street layout and design must to comply with Queensland Streets and

FNQROC Development Manual, to the satisfaction of the Chief Executive Officer. In particular:

a. The layout must be revised to provide the minimum clearways to the

existing driveway carriageway and turning areas. b. Turning templates are to be provided showing how ingress and egress

is able to be achieved to each lot from the carriageway to the proposed offstreet carparks. Reference is to be made to any constraints imposed by on street parking as per the carparking master plan required in these conditions. Any amendments required to achieve satisfactory turning paths must be reflected in revised layout plans.

c. Additional car parks are to be constructed in the existing western

access/common area with the amount and locations as determined by the parking review required under the conditions of this approval.

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 approval and dating of the Plan of Survey.

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Developer Contributions 5. 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. Public Art Contribution 6. Pay a monetary contribution to Council in accordance with Council’s

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

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

the present method of calculation, the contributions are $1,800.00 ($200 per additional Lot).

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

Plan of Survey. Water Supply and Sewerage Works Internal 7. 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; b. Water supply sub-metering must be designed and installed in

accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008;

c. Private water and sewerage infrastructure must be managed by a

Community Titles Scheme. In a tiered CTS, the private water and sewerage infrastructure must be owned and operated by the principle CTS.

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

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

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

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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 approval and dating of the Plan of Survey.

Damage to Infrastructure 8. In the event that any part of Council’s existing sewer/water infrastructure is

damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Cairns Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Cairns Water & Waste, at the developer’s cost, prior to the commencement of use.

Carparking 9. A carparking master plan is to be provided showing the location of off street

and on street carparks for the proposed development and adjacent uses. The carparking plan is to nominate the location and number of additional carparks required to comply with Queensland Streets Guidelines. The requirement for carparks to be within 25m of the properties serviced must be reflected in the masterplan.

Construction Access 10. All construction traffic shall enter and exit the site via Trinity Beach Road in

the vicinity of the Jamieson Street intersection only. No construction traffic will be permitted to use the internal roads as accessed from the Keem Street intersection.

11. A ‘Residents Advice Kit’ is to be provided by the Body Corporate for new

residents. Details such as the sensitivity of wetlands and coastal and marine habitats, lake ecology, estuarine crocodile risk, vector control and guidelines for dealing with living in a lake environment is to be included in the kit.

Geotechnical Report 12. A geotechnical report must be prepared for each allotment by a qualified and

experienced geotechnical consultant. The geotechnical report should identify; the nature of the fill material used to create the allotments, the standard of compaction achieved and foundation recommendations for proposed buildings and must be endorsed by the Chief Executive Officer prior to approval and dating of the Plan of Survey.

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Parkland Protection 13. Any common boundaries with parkland, general parkland or drainage

reserves must be temporarily delineated and fenced off to restrict building access for the duration of construction activity.

Lawful Point of Discharge 14. 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. Runoff from the proposed development is not to enter into the wetlands on adjacent properties at any time and measures must be implemented to ensure this.

Flood Immunity 15. The minimum design fill level of the proposed sites shall be 3.4m AHD or

any other level recommended as a result of the revised Hydraulic Studies carried out to satisfy Condition 28 of Development Approval 8/30/26 (Reconfiguration of Lot, doc no #740555). A Revised drainage report is to be provided to Council for review and must show the full contributing catchment for the drainage paths within and immediately adjacent the site. The report must be endorsed by a Registered Professional Engineer Queensland (RPEQ) who must certify that they are appropriately qualified in assessing drainage systems of this size. The modelling software used to determine the levels must be noted in the report and the supporting information must include all inputs and results to enable an independent review of the assessment.

Stormwater Drainage 16. All stormwater discharging from the subject sites (Lots 1 to 20) shall be

routed through a piped network that includes proprietary SQIDS (Stormwater Quality Improvement devices), prior to discharge into the adjoining man made lake or adjacent drainage paths. The locations of the SQIDS are to be shown on plans that demonstrate ready access for subsequent maintenance. The operation and maintenance shall be the full responsibility of the body corporate and the CMS documents must reflect this.

Where rear allotment inlet pits, each lot must have its own pit and the pit

must be located within the lot. Plans showing new pits required are to be submitted to Council for operational works approval.

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Sediment and Erosion Control 17. If an Operational Works approval is required a sediment and erosion control

plan must be submitted prior to the issue of a Development Permit for Operational Works. Such plans must be 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).

Acid Sulfate Soil Investigation 18. Provide confirmation that all proposed lots are free of Acid Sulfate Soils.

Such confirmation must be provided prior to approval and dating of the Plan of Survey.

Electricity and Telecommunications 19. Written evidence of negotiations with electricity and telecommunications

authorities stating that services will be provided to the development must be submitted to Council. Such evidence must be provided prior to approval and dating of the Plan of Survey.

Services 20. Provision of underground electricity reticulation to each lot and street

lighting to minimum P4 Category and Australian Standard AS/NZ1158 and to the requirements of Ergon Energy and Council, including provision of lighting for pathways.

Stockpiling and Transportation of Fill Material 21. Soil used for filling or spoil from the excavation is not to be stockpiled in

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

Transportation of fill or spoil to and from the site must not occur within: a. peak traffic times; or b. before 7:00 am or after 6:00 pm Monday to Friday; or c. before 7:00 am or after 1:00 pm Saturdays; or d. on Sundays or Public Holidays. 22. Dust emissions or other air pollutants, including odours, do not extend

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

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Storage of Machinery and Plant 23. The storage of any machinery, material and vehicles must not cause a

nuisance to surrounding property owners/occupiers, to the satisfaction of the Chief Executive Officer.

Design of Dwellings 24. Any dwelling proposed on a lot with an area less than 450m2 at the site must

comply with the Queensland Development Code – Design and Siting Standard for Single Dwelling Detached Housing on Lots under 450m2.

ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act

2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 and Section 341 of the Sustainable Planning Act 2009.

2. All building site managers must take all action necessary to ensure building

materials and/or machinery on construction sites are secured immediately following the first 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.

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6. The Commonwealth Environment Protection and Biodiversity Conservation

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

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

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

EXECUTIVE SUMMARY: Council is in receipt of a Development Application for Reconfiguration of a Lot (11 Lots into 20 lots plus balance and easements) being the final stage of the Blue Lagoon Project, Trinity Beach Road, Trinity Beach. The land to be subdivided is described as Lot 2 on SP173570 and lies on western bank of the privately owned lake that forms the central feature of the site. The site is part of the larger Blue lagoon Complex that is administered under a Body Corporate structure. The application adequately demonstrates the proposal’s ability to meet the requirements of the applicable codes of Cairns Plan and is generally consistent with the overall approval issued in 2003. The application has been recommended for approval subject to conditions. TOWN PLANNING CONSIDERATIONS: Background The application as submitted seeks a development permit for a reconfiguration of a lot – (11 into 20). The site is located on the western edge of the lake within the Blue Lagoon Project and extends from the Blue Lagoon Resort Apartments in the south to the northern boundary of the property. The original approval, issued on 30 June 2003 (DA 8/30/26 – doc no 648243), envisaged a project with a central lake, a Group Title residential development on the eastern side of the lake with conventional size allotments developed with single-family houses, a commercial precinct with shops and a tavern adjacent to Trinity Beach Road. There are multi-storey apartments adjacent to the commercial area and the southern edge of the lake, and a number of “Villa” allotments extending north from the Blue Lagoon Resort Apartments along the western edge of the lake. More recently an application for a 1 into 13 lot subdivision (DA 8/13/1298) was approved on 17 June 2008. Under that development permit, the approved lots have a minimum area of 777sqm with most of them being 800sqm with the intention of providing two dwellings on each lot. The proposed application results in a redesign of the approved 1 into 13 lot subdivision to allow single dwelling units on smaller lots as opposed to 13 dual occupancies. The outcome is essentially similar in terms of the end number of dwellings, the difference being each dwelling can be separately titled under this proposal.

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Site and surrounds The site is located within the Blue Lagoon complex on the northern side of Trinity Beach Road near the intersection with Jamieson Street, Trinity Beach. The Blue Lagoon complex contains a mix of development ranging from single storey to four storey buildings comprised of dwellings, dual occupancies, Multiple Dwellings and Holiday Accommodation. The site also contains a Tavern and Restaurant. A lake is located within the complex and is located to the east of the area proposed to be developed. The area proposed to be developed has been cleared, levelled, serviced and is adjacent to a sealed internal driveway. Wetlands are located to the north and west of the site. Land to the south and east is a mix of residential uses. The land to be developed has a total area of 8,931 sqm. Proposal The application proposes the reconfiguration of a lot from 11 lots into 20 lots plus balance and easements. The proposed lot sizes vary from between 373 sqm and 953 sqm with most lots having an area of 400sqm. It is proposed to locate a single dwelling on the smaller lots and either a larger dwelling, dual occupancy or multiple dwellings on the two larger lots. Access to each of the 20 allotments is provided via internal driveways within the existing Common Property and the primary thoroughfare lot linked to a number of the existing developments within the overall Blue Lagoon complex. Each dwelling will be provided with 2 car parking spaces (an indicative house design is shown in the supporting information). Utility services will be provided to each allotment via the common property. Most of the services have already been installed as part of previous works. The existing footpath that encircles the lake lies on common property between the subject land and the lake itself; as such it is not affected by the proposed subdivision. No additional earthworks are necessary to create the proposed allotments; these were carried out at the time of construction of the lake in accordance with operation works permits issued at that time. There is no vegetation on the subject land and no physical constraints that would render the land unsuitable for residential purposes. CairnsPlan Assessment The subject land like the balance of the Blue Lagoon project site is located within a Tourist and Residential Planning Area under Cairns Plan.

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CairnsPlan

Cairns Beaches Planning District Code

Applicability Compliance

Planning Area Tourist and Residential Yes Land Use Reconfiguration of 1 Lot into 20 Lots No – see discussion below

Hillslopes r NA

Vegetation Conservation & Waterway Significance Yes – existing developed land

Cultural Heritage r NA

Potential or Actual Acid Sulphate Soil Material Base land exists and has been formed as part of

earlier approvals Bushfire Management r NA Flood Management r NA Height and Impact of Buildings r NA

Operational Aspects of the Cairns International Airport

Bird and bat strike overlay – some distance from flight

path

Overlays

Demolition r NA

Excavation and Filling Code Sites are at or near final levels

Infrastructure Works Code Conditions to be imposed Landscaping Code Conditions to be imposed Parking & Access Code Conditions to be imposed Reconfiguring a Lot Code Conditions to be imposed

General

Development Near Major Transport Corridors & Facilities r NA

Compliance Issues As the subject land is the final stage of the overall project, virtually all the work associated with the development has been undertaken as part of the previously approved stages. A short extension to the driveway and the common property is necessary to provide physical access to proposed lots 19 and 20, otherwise the driveway is complete as it currently provides access to the swimming pool, tennis courts and barbeque area on the common property to the west of the driveway. As part of the overall approval eight car parking spaces (two groups of four) were to be provided along the common driveway. The need for these car parking spaces has been obviated by the fact that car parking has been provided in each of the earlier stages of the project and the development of the proposed lots will have to comply with the car parking code in Cairns Plan. Conditions incorporated in the previous approvals continue to have some relevance. For example, in order to maintain the amenity of the earlier residential stages, access for construction traffic should be via Jamieson Street rather than Keem Street. Residents Advice Kits provided for in earlier stages of the project, giving guidance as to the environmental values of the site and the adjoining area, as well as aspects of the lake, are also appropriate for this residential stage. While the allotments were prepared as part of a previous operational works development permit, the applicant should confirm that foundation conditions are satisfactory for conventional dwelling purposes.

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Even though filling of the subject land was carried out in accordance with an operational works permit issued at the time of the construction of the lake, which included management of acid sulphate soils, the applicant should demonstrate that the subject land is suitable for residential purposes by confirming that the lots are free of Potential Acid Sulfate Soil (PASS) material. The applicant will also need to demonstrate that the street layout and design can comply with Queensland Streets and FNQROC Development Manual. These matters are dealt with in the relevant conditions. Reconfiguration of a Lot Code The code requires a minimum lot size of 800 sqm in Tourist and Residential Planning Areas. The proposed development results in lots as low as 373sqm with most lots being 400sqm. Two lots are proposed to be greater than 800sqm. The applicant submits that the smaller lot sizes are appropriate as the proposed reconfiguration will deliver a directly comparable built form and scale of development to that which would have occurred if the land owners had developed the existing lots with duplexes in accordance with the previous approval (8/13/1298). Example building plans have been submitted (see appendix 2) demonstrating compliance with the Queensland Development Code for single detached housing for lots under 450 sqm. The proposed lots can easily accommodate contemporary style two storey dwellings whilst still maintaining appropriate setbacks. A condition can be imposed ensuring that any proposed dwellings comply with the design requirements of the Queensland Development Code for dwellings located on lots lower than 450sqm. Despite the small lot sizes the proposal will not result in a development of excessive or non-compliant density. The end result will be a mix of single and two storey medium density dwellings consistent with the scale and height of buildings in the existing development. Despite the proposal not complying with the minimum lot size requirements of the code, the proposal is considered to be appropriate. Referral Agencies The application was referred to the Department of Environment and Resource Management (DERM) as an advice agency as the site is located within 100m of two wetlands to the north and west. DERM have responded requesting that appropriate buffers be provided between the proposed development and the wetlands and to ensure that the development does not adversely impact upon the wetlands through impacts such as runoff. The application has been condition to minimise impacts to the adjacent wetlands.

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Public Notification / Submissions The proposal is code assessable and is not required to be publicly notified. HEADWORKS / CONTRIBUTIONS: The proposal generates headworks contributions. A headworks contributions estimate is provided as an attachment. Luke Jackson Planning Officer Action Officer Kelly Reaston Manager Development Assessment

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APPENDIX 1 APPROVED PLAN(S) AND DOCUMENT(S)

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APPENDIX 2: SUPPORTING INFORMATION – EXAMPLE HOUSE DESIGNS

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APPENDIX 3: DEVELOPER HEADWORKS CONTRIBUTION ESTIMATE

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Documents

LIVE-#3049527-v1-Agenda - Planning & Environment Committee 9 … · 2011-02-08 · 318 Agenda – Planning & Environment Committee 9 February 2011 - #3049527 All works must be carried