MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - … · The extent of the 100 year ARI flood event in relation to the site both pre and post development; c. Primary and secondary flow

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Agenda – Ordinary meeting 28 July 2010 - #2651831

ORDINARY MEETING

28 JULY 2010

10 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - PRELIMINARY APPROVAL FOR RESIDENTIAL USES & DEVELOPMENT PERMIT FOR RESIDENTIAL USES (STAGE 1) – VIXIES ROAD WONGA – DIVISION 10 S Clarke: 8/37/10 : #1681178 PROPOSAL: PRELIMINARY APPROVAL FOR RESIDENTIAL

USES & DEVELOPMENT PERMIT FOR RESIDENTIAL USES (STAGE 1)

APPLICANT: WONGA BEACH AQUACULTURE C/- RPS PO BOX 1949 CAIRNS QLD 4870 LOCATION OF SITE: VIXIES ROAD, WONGA

PROPERTY: LOT 51 ON SP155078 STRATEGIC PLAN: PRODUCTIVE RURAL AREA TOURISM DEVELOPMENT NODE 5- WONGA PLANNING SCHEME: DOUGLAS SHIRE PLANNING SCHEME 1996 PLANNING AREA: SPECIAL FACILITIES RURAL (AGRICULTURE) REFERRAL AGENCIES: DEPARTMENT OF NATURAL RESOURCES,

MINES & WATER DEPARTMENT OF MAIN ROADS

ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF PRIMARY INDUSTRY & FISHERIES DEPARTMENT OF EMERGENCY SERVICES GREAT BARRIER REEF MARINE PARK AUTHORITY DEPARTMENT OF LOCAL GOVERNMENT, PLANNING, SPORT & RECREATION

NUMBER OF SUBMITTERS: 9 STATUTORY ASSESSMENT DEADLINE: 28 JULY 2010

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DIVISION: 10 APPENDIX: 1. PROPOSED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. SUPPORTING INFORMATION TO PLANNING REPORT LOCALITY PLAN

RECOMMENDATION: A. That Council approve the development application for Preliminary Approval

for Material Change of Use for Dwelling House, Local Utility, Display Home, Dwelling House/Attached Flat and Estate Sales Office (as defined in the Superseded Transitional Planning Scheme for the Shire of Douglas, December 1996), on lot sizes to be determined in accordance with the approved Plan of Development over land described as Lot 51 on SP155078, located at Vixies Road, Wonga, subject to the following:

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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 Plan of Development (as amended by conditions of approval contained herein)

RPS Drawing 9339-9 Issue A prepared by RPS Australia East Pty Ltd

18/05/2010

Table of Assessment for 8/37/10

- 29/6/2010

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

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

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

Approved Uses 3. The Approved Uses are specified as Dwelling House, Local Utility, Display

Home, Dwelling House/Attached Flat and Estate Sales Office as defined in the Transitional Planning Scheme for the Shire of Douglas, December 1996.

Subsequent Development Applications 4. All development applications for Material Change of Use or Reconfiguring a

Lot, subsequent to the Preliminary Approval, must demonstrate compliance with the planning instruments applicable at the time of application.

Future Reconfiguration of a Lot Development

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5. The extent of development is to be confined to that portion of the site that is

above the 1 in 100 ARI storm tide level and the Q100 flood immunity level inclusive of any hydraulic grade effect in accordance with FNQROC Development Manual, Planning Scheme requirements and the State Coastal Management Plan, Coastal Hazards Policy. No filling to accommodate future lots and no reconfiguration will be permitted to extend below this line. All land below this line is to be transferred to the Crown at the same time as registering the Plan of Survey with the Department of Environment and Resource Management.

6. Residential lots must be setback from the wetland(s) and waterway(s) on the

site and on adjoining sites through the adoption of appropriate buffer zones, to maintain water quality and ecological functions and services of the wetland(s) and waterway(s). In the absence of a detailed local assessment to determine an appropriate wetland buffer, the minimum wetland buffer from a wetland is 200 metres from a wetland of high ecological significance. In the absence of a detailed local assessment the minimum setback from a waterway is 100 metres of each high bank of a waterway with high intact riparian biodiversity and a minimum of 50 metres of each high bank of a waterway of stream order five or greater. The waterway(s) and wetland(s) are to be rehabilitated to a natural maintenance-free watercourse and transferred to the Crown at the same time as registering the Plan of Survey with the Department of Environment and Resource Management..

7. The development must incorporate an adequate buffer area along the

Western boundary of the lot to reduce the potential for conflict between existing and future farming activities on the adjoining rural property and the future residential development. The width and characteristics of the buffer area must be calculated in accordance with the State Planning Policy 1/92: Development and the Conservation of Agricultural Land and the Planning Guidelines: Separating Agricultural and Residential Land Uses.

8. An Esplanade is to be in the form of a public road and carriageway form the

eastern limit of the development and shall separate residential lots from the land to be dedicated to the Crown as required by condition 5 herein.

9. A Connector Road shall be provided between Snapper Island Drive and

Vixies Road at Stage 1 of any future development application to reconfigure the land. The alignment of the Connector Road as shown in the Plan of Development is indicative only and shall be subject to further detailed design considerations. The Connector Road and Vixies Road must be upgraded to a Minor Collector Standard with provision for public transport.

A Concept Plan which adequately accommodates the above requirements to

the satisfaction of the Chief Executive Officer shall be lodged with Council concurrent with the initial Development Application for the Reconfiguration of the Land. The Concept Plan shall identify the location for the Connector Road and other infrastructure required to service the whole development.

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Street Layout and Design 10. The street layout and design must comply with Queensland Streets and the

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

a. All roads must have a minimum road reserve width of 14.5 metres; b. Provision of a two (2) metre wide footpath within all Access Streets and

higher order roads in accordance with Table D1.3; c. Ensure the access place ‘street leg length’ is designed to satisfy the 30

km/hr design speed control criteria; d. Ensure the access street ‘street leg length’ is designed to satisfy the 40

km/hr design speed control criteria; 11. Undertake a Local Drainage Study of the whole site to determine the

drainage impacts development on the land will have on upstream and downstream properties and the mitigation measures required to minimise such impacts. 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 5, 20, 50 and 100 year ARI

flood events; d. Identify any requirement for drainage easements; e. Identify the need and tenure for flood detention areas to ensure a no-

worsening impact on downstream properties for the entire development;

f. Detail the proposed works and any impacts proposed at the drainage outlet from the proposed development;

g. Demonstrate how the proposed drainage will be directed toward a Lawful Point of Discharge; and

h. Provide calculations to demonstrate that the proposed receiving infrastructure has sufficient capacity to convey stormwater flows.

The Local Drainage Study must be provided to the satisfaction of the Chief

Executive Officer prior to the issue of the initial Development Permit for the Reconfiguration of a Lot.

12. Lots within Precinct A (as amended by conditions herein) shall have

minimum area of 4000m2 and dimensions to accommodate a square with a minimum side of 50 metres.

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13. Lots within Precinct B (as amended by conditions herein) shall have a

minimum area of 2000m2 and dimensions to accommodate a square with a minimum side of 25 metres. Lots of a minimum area of 1000m2 will only be permitted where it is demonstrated that a community effluent disposal system or similar alternative means is to be installed in association with any development proposal.

14. Lots which have frontage to the Connector Road and Vixies Road shall have

a minimum frontage of 35 metres. 15. Any future development application seeking a Development Permit for a

Material Change of Use and/or Reconfiguration of a Lot on the land must be supported by an Assessment of Service Infrastructure Requirements and Proposed Provision for the whole development. The Assessment must be prepared by an appropriately qualified Professional Engineer to the satisfaction of the Chief Executive Officer, prior to the issue of a Development Permit.

16. The following issues must be addressed to the satisfaction of the Chief

Executive Officer prior to the issue of the initial Development Permit for the Reconfiguration of a Lot:

a. Demonstrate how sewage generated from the site will be conveyed to

and serviced by Council’s existing sewerage infrastructure, and identify any pump stations, rising mains, trunk mains and treatment facilities (Mossman Treatment Plant) are required to be constructed or upgraded to cater for the development. This development is out of sequence with Council’s infrastructure planning and all costs associated with expanding Council’s sewerage scheme to cater for the development is the responsibility of the developer.

b. Demonstrate how Council’s existing water supply infrastructure can

cater for the increased demand generated by the development and identify any upgrades that are required to be undertaken by the Developer. This development is out of sequence with Council’s infrastructure planning and all costs associated with expanding Council’s water supply scheme to cater for the development is the responsibility of the developer.

Infrastructure Contributions 17. A monetary contribution must be paid to Council in accordance with

Council’s Trunk Infrastructure Contributions Policy or Priority Infrastructure Plan, for any Development Permit for Material Change of Use or Reconfiguring a Lot, towards infrastructure charges applicable under the relevant charging policy at the time of making the subsequent development application.

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

accordance with the method of calculation the charged under the relevant policy.

Payment is required prior to commencement of use or approval and dating

of the Plan of Survey for each respective Development Permit granted as a result of this Preliminary Approval.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department of Environment and Resource Management

IC0908CNS0018 22 July 2009 #2609539

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). B. That Council refuse the development application for a Development Permit

(Stage 1 of a staged residential development) for a Material Change of Use – Impact Assessment for the permitted and permissible uses in the Table of Zones for Residential “A” Zone in the Transitional Planning Scheme for the Shire of Douglas including Dwelling House, Local Utility, Park, Display Home, Dwelling House/Attached Flat, and Estate Sales Office, and residential lots with a minimum area of 800m² over part of the site containing an area of 7.4 hectares (approx) on the following grounds:

1. Insufficient information has been provided to demonstrate that the

proposed layout for Stage 1 (Drawing No. 9339-3, dated 23/09/08, prepared by Conics) is consistent with the Plan of Development (as amended by conditions of preliminary approval) for Lot 51 on SP155078.

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 802 of the Sustainable Planning Act 2009.

2. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements.

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3. For information relating to the Sustainable Planning Act 2009 log on to

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

EXECUTIVE SUMMARY: In July 2006 application was made to the former Douglas Shire Council seeking a Preliminary Approval for Material Change of Use (Residential Uses) and a Development Permit for Material Change of Use (Residential Uses - Stage 1) for the 38.88 hectare parcel of land described Lot 51 on SP155078. Due to an extension to the information response period and negotiations between the Applicant and Concurrence Agencies, the application only entered Council’s Decision Period on the 1 June 2010. At the time of lodgement, the Transitional Planning Scheme for the Shire of Douglas was applicable. Under that scheme the site was split between the Special Facilities Zone (reflecting an existing approval for a resort development) and the Rural (Agriculture) Zone. While the proposal is clearly not compliant with the intentions for these zones, the applicant contends that the intensity of the proposed development is consistent with the development intensity and resident population permitted by the Special Facilities Zone. Progressive amendments to the proposed form of development have resulted in a conceptual Plan of Development which nominates two precincts (reflecting minimum lot sizes), a connector road, an esplanade and drainage reserve. The applicant has also acknowledged that it expects Council to refuse the Development Permit for the Stage 1 component as it is no longer consistent with the amended concept plan. It is recommended that Council issue a Preliminary Approval for the Material Change of Use for Dwelling House, Local Utility, Display Home, Dwelling House/Attached Flat and Estate Sales Office on lot sizes reflected on the proposed concept plan. The preliminary approval is conditional, amongst other things, on any future development being confined to land above the 1 in 100 ARI storm tide level and the Q100 flood immunity level inclusive of any hydraulic grade effect, clear of waterways and wetlands with such land being transferred to the Crown as Reserve. It is further recommended that Council refuse the Development Permit for Stage 1 of the proposal. TOWN PLANNING CONSIDERATIONS: Proposal The former Douglas Shire Council received the application on the 28 July 2006. The initial application stated that the applicant sought the following:

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a) Preliminary Approval (staged residential development) for Material Change of Use

- Impact Assessment for the permitted and permissible uses in the Table of Zones for the Residential “A” Zone in the Transitional Planning Scheme for the Shire of Douglas including Dwelling House, Local Utility and Park, Display Home, Dwelling House/Attached Flat, and Estate Sales Office, a Community Building (to include a General Store, Restaurant Bar and Meeting Room) and lake and residential lots with a minimum area of 800m² over the entire site containing an area of 38.88 hectares.

b) Development Permit (Stage 1 of a staged residential development) for a Material

Change of Use – Impact Assessment for the permitted and permissible uses in the Table of Zones for Residential “A” Zone in the Transitional Planning Scheme for the Shire of Douglas including Dwelling House, Local Utility, Park, Display Home, Dwelling House/Attached Flat, and Estate Sales Office, and residential lots with a minimum area of 800m² over part of the site containing an area of 7.4 hectares (approx).

The proposal was subsequently amended in September 2008 in response to issues raised in the Information Request. The applicant sought to develop the site generally in accordance with a Concept Plan (Conics Drawing 9339-3 attached as Appendix 3) which included: ● 184 residential lots (reduced from 200) with 50 lots included in Stage 1. ● A minimum lot size of 1000m² (increased from 800m²) ● A system of stormwater detention basins/ sediment basins and incorporation of

existing ponds (rather than the proposed system of lakes) ● A single road connection to Snapper Island Road and Vixies Road. After the commencement of Council’s Decision Period, the applicant requested the suspension of Council’s assessment, pending further discussions and the submission of further supporting documentation. The outcome was the submission of an amended proposal incorporating: ● A new plan of development (attached as Appendix 1) which incorporates two

precincts and removes reference to individual lot layouts. Precinct A shall provide for lots with a minimum area of 4000m2 and Precinct B shall provide for lots with a minimum area of 1000m2. The location of Precinct A is intended to act as a buffer between the residential development within Precinct B and the rural residential development which adjoins the site’s southern boundary;

● Removal of the Community Building (which included a General Store, Restaurant Bar and Meeting Room) from the list of approved land uses;

● Provision of a Connector Road Access; ● Residential lots along the Connector Road Access and along Vixies Road are

intended to comprise of lots with minimum frontages of 35 metres; ● Provision of an Esplanade Access, either a road or pathway access, which is

generally intended to separate residential development from the foreshore area.

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The applicant’s submission also acknowledged that the Material Change of Use for Stage 1 of the development was no longer relevant and that Council is expected to refuse that component of the application. In summary, the application now seeks Preliminary Approval to Override the Transitional Planning Scheme to allow for the future subdivision of the site into residential lots which can accommodate the following uses: Dwelling House (Self Assessable) Any premises comprising one dwelling-unit in a separate building, not including a caretaker's residence or integrated housing. The term includes the ancillary use of such premises for swimming pools, tennis courts (without lighting) and the like, the keeping of domestic animals in accordance with Council's policies by-laws, the use of the premises for family day care, and subject to subsection 7.2.4, for bed and breakfast accommodation in accordance with Council's policy. Local Utility (Self Assessable) Any premises used or intended for use by a Government, Semi-Government, Statutory or Local Authority or Government Owned Corporation in the course of supplying a public utility service or undertaking relating to the provision of water supply, sewerage, electricity, gas, telecommunications, transport, drainage or waste and refuse disposal where these activities do not involve any of the following: 1. The construction of electricity powerlines, transformers or switching stations

operating at or in excess of 60000 volts; 2. The constructions or use of any building or other structure having a floor area

greater than 50m2 or a height greater than 5 metres; or 3. The use of land in excess of 800m2 in area. The term does not include a public utility or recycling depot as defined herein. Park (Self Assessable) Any premises to which the public is admitted, and where no charge is made, which: (a) has been ornamentally laid out or prepared; (b) is maintained so as to preserve or enhance its natural qualities, including the

quality of its flora, fauna and geological or physiographical features; (c) has been prepared or is maintained as a grassed area either with or without trees

or shrubbery; or (d) has been prepared or is maintained other than according to (a) or (c), but in such a

way as to be in the opinion of the Council suitable for informal open air recreation and which is used for open-air recreation.

The term includes any of the following facilities, provided for the enjoyment or convenience of the public at such premises: (i) kiosks for band stands or the supply of light refreshments to patrons of the

premises; (ii) picnic places, places for enjoying views, routes for nature study, car parking areas,

cycleway and footways;

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(iii) information and display areas for the promotion of such land; (iv) shelters and other public conveniences; (v) children's play areas; (vi) structures, surfaces or equipment for informal sport or physical exercise; (vii) sculptures, fountains, ponds or other decorative devices; and also includes the occasional use of the premises for fairs, exhibitions and similar activities where such use is approved by Council. The term does not include indoor recreation, outdoor recreation grounds or place of outdoor entertainment. Display Home (Self Assessable) Any premises intended for eventual use as a dwelling-house or multiple dwelling which is used for a period not exceeding two years, or such longer period as approved by Council, to display to the general public the type of construction or design offered by a builder. Dwelling House/Attached Flat (Self Assessable) Any premises comprising: (a) premises that, were they not attached to (b), would be a dwelling-house; and (b) a dwelling unit attached to (a) that: (i) does not exceed fifty (50) square metres in area; and (ii) is occupied by a member or members of the immediate family of, or by personal

staff or servants necessary for the health or well-being of a member or members of the household.

Estate Sales Office (Code) Any premises, including a caravan, erected on land subdivided and released as one estate and used or intended for use for a period not exceeding two years, or such longer period as approved by Council, for the purpose of promoting and selling that land only. The term does not include a display home as defined herein. Subsequent to the issue of a Preliminary Approval for this development, the applicant will be required to lodge further applications for Reconfiguration of the Lot (Code Assessable) to facilitate the creation of the residential lots. An Estate Sales Office will also require a Code Assessable development application. All other approved uses will become Self Assessable Development and will not require future applications to Council. The applicant seeks a 10 year currency period for the Preliminary Approval. Such an extended period of time for currency is not supported and it is recommended that the currency period be limited to 4 years. Background On the 7 October 1988, the Douglas Shire Council granted approval, subject to conditions, for the rezoning of the site from Rural (Agriculture) to Special Facilities (Resort Complex generally in accordance with Plan of Development No. 1) Zone. A copy of the approved Plan of Development is attached as Appendix 3. This approval was issued under the Town Planning Scheme for the Whole of the Area of the Shire of Douglas (Gazetted 6 June 1981).

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The rezoning approval was subsequently reflected in the Douglas Shire Planning Scheme 1996 (Gazetted 12 December 1996) and the Transitional Planning Scheme for the Shire of Douglas Shire (which took affect as a result of Chapter 6 of the Integrated Planning Act 1997). These Planning Schemes include part of the site within the Special Facilities Zone (Resort Complex generally in accordance with Plan of Development No.1) and the remainder of the site in the Rural (Agriculture) Zone. The 2006 Douglas Shire Planning Scheme removed the Special Facilities Zoning and included the whole site within the Rural Planning Area. The current 2008 Douglas Shire Planning Scheme also maintains the Rural Planning Area designation. Council is also in receipt of a Request for consideration under the Superseded Planning Scheme (Douglas Shire Planning Scheme 1996) which seeks to carry forward the Special Facilities Zone and allow development to proceed as self assessable development in accordance with Plan of Development No. 1. The application is on hold at the applicant’s request, pending the outcome of this particular application. Site and Surrounds The site has a total site area of 38.88 hectares. The Special Facilities Zone related to a historic parcel (being Lot 3 on RP 748295) with an area of approximately 28 hectares. A change in allotment boundaries in February 2003 has resulted in the current property description. The site is located between the Wonga Beach Township to the south and a Caravan Park to the north. The site is bordered by Vixies Road to the North and foredune woodland to the east. The site is a low sandy plain with clusters of remnant vegetation. The site is predominately cleared and is currently used for cattle grazing. A partially disturbed watercourse dissects the property. The north-eastern end of the site contains two groundwater lakes which the applicant proposes to incorporate into the development stormwater management system. The land gently slopes from the west, an elevation ranging between 3.0 – 4.0m AHD to the east, an elevation ranging between 2.2m AHD to 1.78m AHD (the level of the highest astronomical tide or less). The site does not have access to Council’s sewer infrastructure and the existing reticulated water supply is limited. Transitional Planning Scheme Assessment Process Section 6.1.29 of the Integrated Planning Act 1997 provides the process for assessing applications to which a transitional planning scheme or interim development control provision applies. It is important to note that Council, as Assessment Manager, must make its decision on this application in accordance with these statutory provisions. The following matters apply for assessing the application:

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a. The common material for the application; b. The transitional planning scheme (The Planning Scheme for the Balance of the

City of Cairns); c. The transitional planning scheme policies; d. Any planning scheme policy made after the commencement of this section; e. All State planning policies; f. The matters stated in section 8.2(1) of the repealed Act (Local Government

(Planning and Environment) Act 1990) which states:

8.2(1) Without derogating from any of its powers under this Act or any other Act, a local government, when considering an application for its approval, consent, permission or authority for the implementation of a proposal under this Act or any other Act, is to take into consideration whether any deleterious effect on the environment would be occasioned by the implementation of the proposal, the subject of the application.

g. For an interim development control provision in force in a local government

area—the interim development control provision h. The following sections of the repealed Act (Local Government (Planning and

Environment) Act 1990):

Amendment to the planning scheme Assess against the matters stated in section 4.4(3); (3) In considering an application to amend a planning scheme or the conditions attached to an

amendment of a planning scheme a local government is to assess each of the following matters to the extent they are relevant to the application— (a) whether the proposal, if approved, or buildings erected in conformity with the proposal, or

both the proposal, if approved, and the buildings so erected would— (i) create a traffic problem, increase an existing traffic problem or detrimentally affect

the efficiency of the existing road network; (ii) detrimentally affect the amenity of the neighbourhood; (iii) create a need for increased facilities;

(b) the balance of zones in the planning scheme area as a whole or that part of that area

within which the relevant land is situated and the need for the proposed planning scheme amendment;

(d) whether the land or any part thereof is so low-lying or so subject to inundation as to be

unsuitable for use for all or any of the uses permitted or permissible in the zone in which the land is proposed to be included;

(e) whether, having regard to the permitted or permissible uses of the land and the potential

for subdivision in the zone in which it is proposed to be included water, gas, electricity, sewerage and other essential services should be made available to the land and to each separate allotment thereof if the land were subsequently subdivided;

(f) the impact of the proposal on the environment (whether or not an environmental impact

statement has been prepared);

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(g) the situation, suitability and amenity of the land in relation to neighbouring localities; (i) the advice given by it, in respect of any consideration in principle concerning the relevant

land pursuant to section 4.2; (j) whether any plan of development attaching to the application pursuant to a requirement of

the planning scheme should be altered; (k) where the land is land prescribed pursuant to section 8.3A, the site contamination report in

respect of the land; (l) such other matters, having regard to the nature of the application, as are relevant.

Decide against s.4.4(5) & S.(5A): (5) In deciding an application made to it pursuant to section 4.3 a local government is to—

(a) approve the application; or (b) approve the application, subject to conditions; or (c) refuse to approve the application.

(5A) The local government must refuse to approve the application if— (a) the application conflicts with any relevant strategic plan or development control plan; and (b) there are not sufficient planning grounds to justify approving the application despite the

conflict. Transitional Planning Scheme for the Shire of Douglas As the application was properly made on the 28 July 2006, the proposal must be assessed against the Transitional Planning Scheme for the Shire of Douglas. Under that scheme the eastern section of Lot 51, comprising 28.7 hectares, was within the Special Facilities Zone and the balance area, containing 10.15 hectares, was included within the Rural (Agriculture) Zone. To the north, across Vixies Road, the site is adjacent to land zoned Rural (Agriculture) and Residential Rural. Land to the west is also zoned Rural (Agriculture). Land to the south is zoned Residential-Rural. The intent of the Rural (Agriculture) Zone was: This zone is intended to protect those rural lands which are generally suitable for cultivation so that they may produce in perpetuity. It is intended to retain sufficient land in this zone in a form suitable for cane growing so as to support the continued viable operation of Mossman Central Mill. Some land in this zone is suitable for possible long term urban expansion as identified in the Development Control Plans. Such development is, however, not intended in the life of this Planning Scheme. Other forms of development will generally be inappropriate in this zone except where specific provision is made for such development in the Strategic Plan. Large minimum allotment sizes will provide for the continued use of the land for cultivation and possible future use for urban development as appropriate.

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The Intent of the Special Facilities Zone was: The Special Facilities Zone is intended to accommodate a particular form of development on a particular site, where such development is considered in the circumstances to be desirable, but where the inclusion of the land within any of the other zones could either enable an undesirable form of development or a wider range of uses than that being proposed. The zone may also be used to permit combinations of uses which might not otherwise be readily allowed under the Scheme. Approval of a rezoning application to include the land within the Special Facilities (Resort Complex generally in accordance with Plan of Development No. 1) Zone was approved by Council on 15 August 1988. The Plan of Development provided for a Resort Complex consisting of the following precincts: Resort Centre- Comprising a total of 42 units in building of 2 & 3 storeys with a maximum height of 16 metres; Lagoon Village- 120 bungalow style cabins (single storey)

Forest Villas- Medium density residential development including duplexes comprising of a maximum of 81 units (1 & 2 storeys) Heritage Village & Dormitories- Comprising of 30 separate buildings with 10 beds in each and a central facilities building (1 & 2 storeys) Natural History Centre-Comprising 3000m2 of shops, displays museum and retail buildings (single storey) Other aspects of the development consist of Nature Park with walkways, viewing structures and associated access areas through to the beach. A Service Area is also nominated which is intended to include water and sewerage treatment facilities, storage sheds, an animal hospital and car parking. Application (8/35/59) has also been made to Council seeking approval for the development of the resort to occur as self assessable development under the superseded 1996 Douglas Shire Planning Scheme. If approved, no further planning approvals would be required and only building and plumbing approvals would need to be obtained. Dependant upon the outcome of the development application under the current Planning Scheme, Council may potentially be exposed to a compensation claim for the loss of development rights. The assessment of the application has been placed on hold pending Council’s decision on this application. It was the intention to recommend a refusal of the Superseded Planning Scheme request given the lapse of time since the original development application was issued (1988) and the subsequent significant planning scheme adjustments that have been made to the land in the intervening years.

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The applicant contends that the intensity and nature of the proposed development is consistent with the level of development intensity and resident population permitted by the current Special Facilities Zone (which was still valid at the time of application). The applicant arrives at this conclusion by undertaking a comparison between the theoretical outcome of developing the site in accordance with the Special Facilities Zoning and the developing the site in accordance with the subject proposal. It is noted that the development permitted by the Special Facilities Zoning is conceptual in nature with limited or no investigations being undertaken to demonstrate that the development is a realistic proposal given infrastructure and site constraints. Little reliance should be placed on such an outdated and uncertain development approval. Strategic Plan The western section of the site is included within the Productive Rural Area Designation. The intent of this designation is: Areas of the Shire designated in a Productive Rural Area are generally those areas which could be described as good quality agricultural land and are intended predominantly to be retained in a form suitable for productive rural use, including generally those areas which could be described as good quality agricultural land and are agriculture, animal husbandry and horticulture. One of the important goals of the Strategic Plan is to retain sufficient agricultural land in a form suitable for use for cane growing to support the continued viable operation of Mossman Central Mill and thus maintain the viability of the Shire’s sugar industry; the retention of Productive Rural Areas in a form suitable for productive rural use is intended to promote the achievement of that goal. Maintaining Productive Rural Areas as rural areas is also intended to contribute to the achievement of landscape objectives, tourism objectives and to promoting compact urban form. The eastern section of the site is within Tourism Development Node 5 — Wonga. The intent of this Node is: The designated Tourism Development Nodes, as numbered on the Strategic Plan Map, are those areas intended to be developed for particular tourism purposes, in addition to those found in the Urban Areas. The site adjoins the northern end of the Planning Scheme’s Development Control Plan No 4 where it relates to the Wonga Township Area. Development Control Plan 4 — Wonga, Newell and Cooya The site is excluded from the DCP 4 Area. The northern boundary of the DCP Area is defined by the site. Areas to the south of the subject site are located within Residential Areas (Large Allotment Area), Agriculture and Open Space designations.

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Douglas Shire Planning Scheme 2008 While Section 6.1.29 of IPA requires that the application be assessed against the provisions of the Transitional Planning Scheme, where relevant, the current Planning Scheme can also be given weight in the assessment. Within the current 2008 Douglas Shire Planning Scheme, the site is contained within the Rural Planning Area. The proposed development is inconsistent with the intent of these designations. The Special Facilities Zone is not reflected in this planning scheme. FNQ Regional Plan Section 6.8.10 (3) relating to the effect of regional plan for assessing and deciding applications under transitional planning schemes states that to the extent of any inconsistency between the designated region’s regional plan and a matter stated in section 6.1.29(3), the regional plan prevails. While the application was lodged prior to the gazettal of the Far North Queensland Regional Plan 2009-2031, some weight can be given to its intent in assessment of the application. The Regional Plan reflects the current planning scheme designation of the land by including the site within the Regional Landscape and Rural Production Area (RLRPA). The RLRPA includes lands that have regional landscape, rural production or other non-urban values, and protects these areas from encroachment by inappropriate development, particularly urban or rural residential development. The proposed subdivision is not permitted under the Far North Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions. Under the Regional Plan the following Land Use Policies should be given consideration in light of the site's inclusion in the RLRPA: 1.1 Biodiversity Conservation 1.1.3 Urban development adjacent to areas of high ecological significance is located, designed, operated and setback to avoid adverse impacts on the area’s ecological values. 1.1.4 Urban development in or adjacent to areas of general ecological significance is located, designed and operated to avoid or, where avoidance is not possible, minimise any adverse impacts on ecological values where possible. Conditions of a preliminary approval have been drafted to ensure that any future lot reconfiguration is designed and setback to protect areas of general and high ecological significance located on or adjacent to the site. It is possible that these setbacks will be significant in dimension and may severely confine any future development to a reduced portion of land.

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1.2 Coastal Management 1.2.1 Coastal development is located, designed and managed to first avoid and then minimise or offset adverse impacts on coastal resources and ecologically significant coastal areas, as shown on map 4. 1.2.3 Development does not occur within an erosion-prone area that is also within a coastal management district; or within a storm tide inundation hazard area, as shown in map 4, except in accordance with relevant policies of the state and regional coastal management plans. 1.2.5 Development ensures there is no net loss of public access to the foreshore or use of coastal waters, and public access is designed and maintained to conserve coastal resources and maintain public safety. The preliminary plan of development excludes development within the erosion prone area. The plan also incorporates an esplanade along the coastal boundary of the site to ensure that public access to the foreshore is improved. Further the conditions of preliminary approval have been drafted to keep all development (including any filling) clear of the 1 in 100 ARI storm tide level and the Q100 flood immunity level inclusive of any hydraulic grade effect and that such land be transferred to the Crown. It is possible that this will further severely confine any future development to a reduced portion of land. 2.4 Primary Production and Fisheries 2.4.1 Good quality agricultural land is protected from urban development outside the urban footprint. 2.4.2 Appropriate buffer distances between incompatible uses and agricultural operations on good quality agricultural land are provided through sensitive land use planning in accordance with State Planning Policy 1/92. The entire site is identified as GQAL. However, it is acknowledged that the Special Facilities Zoning represents an urban development commitment which compromises the protection of the site’s agricultural values. A condition has been included requiring that the applicant demonstrate that the development incorporates an adequate buffer area along the Western boundary of the lot to reduce the potential for conflict between existing and future farming activities on the adjoining rural property and the future residential development. The width and characteristics of the buffer area must be calculated in accordance with the State Planning Policy 1/92: Development and the Conservation of Agricultural Land and the Planning Guidelines: Separating Agricultural and Residential Land Uses. 2.6 Rural Subdivision 2.6.1 Further fragmentation of agricultural land in the regional landscape and rural production area is avoided to maintain economically viable farm lot sizes.

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The entire site is identified as GQAL. However, it is acknowledged that the Special Facilities Zone (no matter how dated) under which this development application was lodged represents an urban development commitment which compromises the protection of the site’s agricultural values. 4.1 Compact Urban Form 4.1.1 Urban development is contained within the urban footprint. 4.1.2 Urban development is sequenced to ensure logical and orderly land use and infrastructure delivery. The site is within the Regional Landscape and Rural Production Area. The proposal is not consistent with Policy 4.1.1. The conditions of approval require that the developer demonstrate that infrastructure can be adequately delivered to the site and that the developer fund any out of sequence infrastructure delivery. 4.6 Rural Residential Development 4.6.1 New rural residential development is located in rural living areas. 4.6.2 Future demand for rural residential housing is provided from within the existing stock of land zoned for this purpose. The site is within the Regional Landscape and Rural Production Area. The proposal is not consistent with Policy 4.6.1 or 4.6.2. 5.4 Primary industries 5.4.3 Potential conflict between primary industries and urban activities is managed through land use planning and, where appropriate, developer-established buffers. A condition has been included requiring that the applicant demonstrate that the development incorporates an adequate buffer area along the Western boundary of the lot to reduce the potential for conflict between existing and future farming activities on the adjoining rural property and the future residential development. The width and characteristics of the buffer area must be calculated in accordance with the State Planning Policy 1/92: Development and the Conservation of Agricultural Land and the Planning Guidelines: Separating Agricultural and Residential Land Uses. 7.1 Protection of Waterways, wetlands and water quality 7.1.2 Areas with high probability of acid sulfate soils are identified in local government planning schemes, and planning provisions and development complies with requirements and management measures in the State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils (SPP 2/02).

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7.1.3 Urban development, other than for required community infrastructure, is set back from wetlands through the adoption 7.1.4 Urban development, other than for required community infrastructure, is set back from waterways through the adoption of appropriate buffer zones, to maintain water quality and ecological functions and services of waterways. Conditions of the Preliminary Approval address these requirements. An acid sulphate soil management plan would be a requirement of any future development application for the land. Engineering Considerations Wonga Beach does not currently have access to Council’s reticulated sewerage system. The applicant suggests that onsite effluent disposal can be provided to individual sites or through a community effluent disposal system. The current water supply for Wonga Beach is limited in its capacity to service the existing and proposed population of the area. Council is currently undertaking a review of the total system. Engineering advice provided by the applicant suggests that the current system has the capacity to serve an additional 500 EP in the development area. This equates to 140 new residences. Expansion beyond this point is reliant on solutions for reticulation mains and suitable storage reservoirs. The engineer’s advice also suggests that whilst the development may put additional demand on the existing infrastructure, the use of the land in accordance with the Special Facilities zoning would result in a higher EP water demand. Public Notification / Submissions Public notification was undertaken in accordance with Section 3.4 of the Integrated Planning Act 1997 between the 22 October and the 5 December 2008. Nine (9) Properly Made Submissions were received. Two (2) additional submissions were received which lacked submitter addresses and therefore are deemed to be not properly made under the provisions of the Integrated Planning Act 1997. The following section summarises the grounds for submissions and a Council Officer response: Proposed lot sizes are not consistent with surrounding existing development. The amended plan of development provides for the development of lots with a minimum area of 4000m² along the southern boundary of the site. This ensures that the lots will be consistent with existing lots in Bowman Close and Snapper Island Drive. The development will generate increased vehicle traffic which will create issues throughout the community and will require infrastructure upgrades and increased funding. Wonga Beach has virtually no local employment opportunities and no public transport. Particular concern was raised by the impact of increased traffic flows near the Wonga Beach State School.

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It is acknowledged that the development will result in increased vehicle traffic and will require infrastructure upgrades. As out of sequence development, the developer will be responsible for the cost of the necessary infrastructure upgrades. The existing municipal water supply to Wonga Beach already struggles to provide adequate water pressure to the existing community during peak times. The development will increase demand on limited infrastructure and exacerbate the problem. Increased strain on the electricity grid in the area. Conditions of approval require that the developer demonstrate how infrastructure will be upgraded to service the development. Detailed assessment of the infrastructure requirements of the development is required prior to the issue of a Development Permit for the first stage of the Lot reconfiguration. The cost associated with upgrading the infrastructure is the developer’s responsibility. The installation of a sewerage treatment connection should be undertaken for all of Wonga before any new development proceeds. The increased use of onsite effluent disposal systems will increase sewerage seepage into the local waterways detrimentally impacting human health and the natural environment. Issues relating to the disposal of effluent from the site must be addressed by the applicant prior to the subdivision of the site. Alternatives to individual onsite effluent disposal will need to be investigated. Given that FNQROC Development Manual D7.14 specifies that the minimum lot size for individual onsite effluent disposal is 2000m², it is likely that the development will need to accommodate increased lot sizes within Precinct B or incorporate a community effluent disposal system. A development of this size would put enormous stress on the facilities and services of the whole area, including Mossman and Port Douglas. SES, Fire Brigade, Ambulance, Schools and Hospitals were never designed to cope with this density of residential population. It is acknowledged that the development will increase demand on community services. The proposed density of the sub-division will necessitate removal of remnant native vegetation, further impacting on the stability of the land and causing loss of habitat. The Wonga Beach Draft Dune Management Study indicates that the dunes are extremely fragile. There is constant pressure on the dunes and buffer zone from illegal and sanctioned vegetation clearing, motorbikes and vehicles and another beachfront development will increase the pressure. No removal of remnant vegetation is proposed. Remnant vegetation, watercourses and the foreshore will be incorporated into reserves.

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The application spans two Douglas Shire Council Planning Schemes and Council is therefore being asked for assessment under circumstances that prevailed twelve years ago. It appears that the development was always intended for some indefinite time in the future and consequently is indefinite in its planning. The development conflicts with current planning mechanisms which seek to contain housing developments to an urban footprint, and preserve agricultural land for future food production. The town planning focus for the Douglas region has understandably been to encourage urban development in the Mossman and Port Douglas areas which are better serviced. It is acknowledged that the Special Facilities approval reflects an aged development approval. However, in accordance with the Integrated Planning Act 1997, the application must be assessed against the provisions of the scheme applicable at the time of application. Concern is raised by the development’s potential to create security and crime issues, pollution and litter issues and increase noise around rural and rural-residential areas Concerns are noted. A resort would actually have been far more appropriate for the site. A resort would have its own septic treatment facility, greater control over the inhabitants, control over the pests and pets introduced, noise and environmental issues, the number of children and teenagers involved, and would create local employment for the area. A resort has one owner of the site, not 184 owners. Illegal clearing of the coastal vegetation would be easier to police. Traffic and illegal pathways through the dune area would be easier to control. Resort buildings would be concentrated towards the centre of the site and not impinge on neighbours to the same degree. The amount of the site dominated by buildings would be much less for a resort than for 184 residential lots. Comments are noted. The development has the potential to adversely affect housing prices and marketability in the area, would result in increases in rates and insurance premiums. Impact of development on house prices, marketability, rates and insurance premiums are not considered in the assessment of planning applications under the Integrated Planning Area 1997. Flooding is an existing problem at Wonga Beach and no detailed flood risk assessment was provided in the Development Application. Filling of the flood plain, restriction of water channels and redirection of water flow could have a serious impact on localised flooding particularly for the existing houses of Bowman Close and the Northern end of Snapper Island Drive. It is clear from previous cyclone maps of the Wonga area that the whole of Wonga is at serious risk of inundation with a tidal surge even of limited proportions. Just because approvals for existing sub-divisions have been granted it should not mean that they should continue to take the impacts of climate change for granted.

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The final plan of development will be confined to areas not affected by flooding and storm tide issues. This may actually significantly reduce the potential development envelope for the site in comparison to the latest proposed Plan of Development. Furthermore, the development will be required to demonstrate that there will be a no worsening effect on surrounding properties. As a resident of Wonga Beach I see a clear need for this development. Housing availability (both rental and private) is limited, and the development would bring the numbers required to support services and facilities, currently available to the rest of the shire (shops, medical, banking, sports etc). Comments noted. The site at Wonga Beach provides a splendid opportunity for people who work in and around busy Port Douglas, to experience an affordable and attractive tropical lifestyle. Plans for the Wonga Beach site contain larger lot sizes, a rarity in Port Douglas which should blend well and contribute immensely to a growing Wonga Beach township. They will also link North and South via an esplanade in what is currently a disparate and growing community, currently in need of some positive planning. It is agreed that the development provides an opportunity to connect the existing development north of Vixies Road to the development to its south. Referral Agencies The application required Referral Coordination. The application was referred to the former Department of Natural Resources, Mines and Water (now DERM) as Concurrence Agency. The response is attached as Appendix 2. The application was also referred to the Department of Transport and Main Roads as Advice Agency. Third Party Advice was also sought from the former Department of Primary Industry and Fisheries, The Department of Emergency Services, the former Department of Natural Resources, Mines and Water, the former Environmental Protection Authority and the Great Barrier Reef and the Great Barrier Reef Marine Parks Authority. The responses are attached as Appendix 3. HEADWORKS / CONTRIBUTIONS: The proposed development is for preliminary approval overriding the planning scheme and as such does not trigger developer contributions. It should be noted that any subsequent development application on site will trigger developer contributions. These will be charged at the rate applicable at the time of assessment of any subsequent application for a Development Permit for Reconfiguring a Lot or Material Change of Use.

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CONCLUSIONS Assessment of the application must be in accordance with the Planning Scheme under which the application was lodged. In this case the Transitional Planning Scheme includes 28.73ha of land within a Special Facilities Zone and 10.15ha within the Rural (Agriculture) Zone. Some weight can be applied to later planning instruments including subsequent Planning Schemes and the Regional Plan. All subsequent Planning instruments effectively back-zone the land to rural purposes. The applicant contends that the Special Facilities Zone precludes that portion of the site for agricultural production and that an alternative urban use which is consistent with the adjoining Wonga Township has merit for the following reasons: 1) Under the Transitional Planning Scheme only a minor portion of the site is

available for agricultural production and agricultural production on the western portion of the site would be limited by the watercourses (sandy swales) which traverse through the site;

2) The site is a logical extension of the Wonga Township to the north to provide an opportunity to link the existing and proposed rural residential uses to the north with the existing Wonga Township;

3) The site is not ideally suited to agriculture due to the poor sandy soils and the presence of the caravan park and adjoining rural residential uses and is effectively an infill of residential development between two existing communities.

4) Development can proceed in a manner that takes into account coastal hazards and flooding;

5) A Social Needs assessment provided with the application demonstrates that there is a need for the type of development proposed in terms of, amongst other things, providing housing affordability and choice;

6) The proposed development is significantly less than that provided for in the Special Facilities development approval;

7) Council’s previous decision to include the land in a Rural Planning Area under the current scheme lacks consistency with other land use allocations deemed appropriate in the locality at the same time of plan scheme preparation; and

8) The application has undergone the applicable Referral and Referral Co-ordination

processes and the intended form of development is able to be undertaken in accordance with Concurrence Agency requirements and Advice Agency recommendations.

It is recommended that a preliminary approval be issued for an infill form of development consistent with development to the north and south subject to such development excluding all land that may be subject to storm tide and flooding inundation, wetlands and waterway protection and rehabilitation measures, buffering to existing large lots and rural land to the west and a road connection linking the currently isolated rural residential community north of Vixies Road. The imposition of such conditions is likely to have the effect of severely constraining the extent of development that can be achieved on this land.

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The request for a Development Permit for Stage 1 is recommended for refusal as it is inconsistent with the terms of the proposed preliminary approval conditions. Simon Clarke Manager Development Assessment

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

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29/06/2010 Table of assessment for development in accordance with Preliminary Approval 8/37/10 The following is the approved modifications to the affect of the Planning Scheme as approved within Preliminary Approval 8/37/10 Defined Use Assessment Level Dwelling House Self assessable Local utility Self assessable Park Self assessable Display Home Self assessable Dwelling House/ attached flat Self assessable Estate Sales Office Code assessable

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APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 4 SUPPORTING INFORMATION TO PLANNING REPORT Plan of Development for Stage 1

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Advice Agency and Third Party Advice Agency Responses

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1996 Douglas Shire Planning Scheme Zoning Map

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Approved Plan of Development for Special Facilities Zoning

Documents

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - … · The extent of the 100 year ARI flood event in relation to the site both pre and post development; c. Primary and secondary flow