PLANNING & ENVIRONMENT COMMITTEE 14 APRIL 201014 APRIL 2010 13 MATERIAL CHANGE OF USE (CODE ASSESSMENT) EXTENSION TO A RESTAURANT – 181 & 183 BUNDA STREET PARRAMATTA PARK – DIVISION

157

Agenda – Planning & Environment Committee 14/4/2010 - #2530912

PLANNING & ENVIRONMENT COMMITTEE

14 APRIL 2010

13 MATERIAL CHANGE OF USE (CODE ASSESSMENT) EXTENSION TO A RESTAURANT – 181 & 183 BUNDA STREET PARRAMATTA PARK – DIVISION 5 L J Payler : 8/7/1777 : #2412529 PROPOSAL: EXTENSION TO A RESTAURANT APPLICANT: TROY BIRMINGHAM C/- PRP PLANNING PO BOX 4751 CAIRNS QLD 4870 LOCATION OF SITE: 181 & 183 BUNDA STREET PARRAMATTA

PARK

PROPERTY: LOT 5 & 6 ON SP120088 PLANNING DISTRICT: INNER SUBURBS PLANNING AREA: COMMERCIAL PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: DEPARTMENT OF TRANSPORT & MAIN

ROADS NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT DEADLINE: 27/01/2010 APPLICATION DATE: 16/10/2009 DIVISION: 5 APPENDIX: 1. PROPOSED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

3. EXISTING APPROVED PLANS 4. COMPARISON OF SITE PLAN AND AERIAL

PHOTO

158


LOCALITY PLAN

RECOMMENDATION: That Council approves the development application for Extension to a Restaurant over land described as Lots 5 & 6 on SP120088, located at 181-183 Bunda Street Parramatta Park, 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 Site Plan GJ_SK A002 Prepared by

CA Architects 22/09/2009

Floor Plan GJ_SK A003 Prepared by CA Architects

22/09/2009

Section GJ_SK A004 Prepared by CA Architects

22/09/2009

Perspectives GJ_SK A005 Prepared by CA Architects

22/09/2009

6 Parking Spaces SK 10 25/03/2010

159


ASSESSMENT MANAGER CONDITIONS 1. The applicant/owner must at all times during development of the subject

land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

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

application submitted to Council; b. To ensure that the development complies in all respects with the

following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual; and

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.

Bunda Street Awning 3. Any amendment to the design of the awning required to achieve compliance

with the Department of Transport and Main Roads Concurrence Agency requirements must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

4. Provide written advice from Ergon Energy confirming that the proposed

treatment of the existing power pole and street light located at the Bunda Street frontage of the site complies with Ergon requirements. The written advice from Ergon must be endorsed by Council prior to issue of a Development Permit for Building Work.

Where Ergon requires works to be undertaken to relocate the existing power pole and street light, the applicant is to undertake those works at no cost to Council. All works must be completed prior to Commencement of Use of the Restaurant extension.

Where amendment to the design of the awning is required to achieve compliance with Ergon requirements, the amendments must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

160


Outdoor Dining on Road Reserve 5. This development permit does not approve the use of the Bunda Street road

reserve for outdoor dining. Outdoor dining on a road reserve requires application and approval under Local Law 22 (Activities on Roads)- Section 8.

Existing House 6. The building located on Lot 4 on RP742714 and identified on approved plans

as “Existing House” has existing rights for use as a House. This development permit does not approve any alternative use of the building. The building must continue to be used as a single House occupied by a single Household. Any change to the use of the building constitutes a Material Change of Use and may require a Development Permit.

External Works 7. Undertake the following works external to the land at no cost to Council: a. Construct full width bitumen widening to the Jubilee Street frontage; b. Provision of a concrete crossover(s) and apron(s) in accordance with

FNQROC Development Manual Standard Drawing 1015 on Jubilee Street;

c. Make good the kerb(s) at redundant crossover(s) on Jubilee and Bunda

Street frontages; d. Repair any damage to existing kerb and channel, footway or roadway

(including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

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.

161


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. Any works within the Bunda Street road reserve must also be endorsed by the Department of Main Roads prior to approval from Council in accordance with Local Law 22 – (Activities on Roads). Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Vehicle Parking 8. The amount of vehicle parking must be a minimum of eight (8) onsite

vehicle parking spaces, composed of:

● Six (6) spaces for the bar (16m²), courtyard dining area (150m²), internal restaurant dining area (55m²), billiard area (62m²) and for the existing caretaker’s residence.

● In addition to the requirements for the Restaurant and Caretakers

Residence, two (2) spaces (which may be in tandem) must be provided for the exclusive use of the existing house on Lot 4 RP742714.

The car parking layout for the Restaurant and Caretakers Residence must comply with the Australian Standard AS2890.1 2004 Parking Facilities - off street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular maneuvering areas must be imperviously sealed, drained and line marked. Parking spaces for the Restaurant and Caretakers Residence must be located generally in accordance with Plan SK-10 dated 25/3/2010. Parking spaces must remain unobstructed and available for use by customers and staff at all times. All parking must be constructed prior to Commencement of Use of the Restaurant extension.

Protection of Landscaped Areas From Parking 9. Landscaped areas adjoining the parking area must be protected by a 150mm

high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

162


Parking Signage 10. Erect signs advising of the location of the off-street visitor parking area and

access thereto. The signs must be erected prior to Commencement of Use. One sign must be located on the Bunda Street frontage.

Bicycle Parking 11. Provide secured, on-site bicycle parking in accordance with Table 10-1 of

AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking spaces required for this development is three (3) spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Damage to Infrastructure 12. In the event that any part of Council’s existing sewer/water infrastructure is

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

Refuse Storage 13. Refuse storage is required to service the site in accordance with Council

requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

Liquid Waste Disposal 14. Trade waste discharge to sewer must meet the requirements of CRC Water

and Waste’s Trade Waste Environmental Management Plan (TWEMP). Details Of Development Signage 15. The development must provide clear and legible signage incorporating the

street number for the benefit of the public. Advertising Signage 16. Signs on the subject land must conform with Council's Local Law No. 28

(Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

163


Crime Prevention Through Environmental Design 17. All lighting and landscaping requirements are to comply with Council’s

General Policy Crime Prevention Through Environmental Design (CPTED). Health 18. Premises intended to be used for the storage, preparation, handling, packing

and/or service of food must comply with the requirements of the Food Act 2006 and the Food Standards Code.

19. Prior to construction or alteration of any premises used for storage,

preparation, handling, packing and/or service of food, application for such must be made with Council’s Public Health Unit.

20. An application for the construction or alteration of any food premises must

be accompanied by two copies of plans drawn to a scale not smaller than 1:100. Such plans are to include details of ventilation (including mechanical exhaust ventilation systems), finishes to walls, floors and ceilings, details of the proposed layout and materials to be used in the construction of all fixtures, fittings and equipment. The plans should include detailed cross sections of all areas to be included in the construction or alteration. All works must be carried out in accordance with the requirements of the Food Act 2006, Food Safety Standards and AS 4674 – 2004 – Design, construction and fit-out of food premises.

Landscaping Plan 21. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show: a. Landscaping of a minimum of 10% of the site. b. Inclusion of any other relevant conditions included in this Development

Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be

endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

164


Lawful Point of Discharge 22. All stormwater from the property must be directed to a lawful point of

discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department of Main Roads

214/810/102(1332.01) 3/11/09 #2380860

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act

2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 802 of the Sustainable Planning Act 2009 and 3.5.21 of the Integrated Planning Act 2007.

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

Integrated Planning Act 2007 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: Council is in receipt of a development application to extend the restaurant (Green Ant Cantina) at 181-183 Bunda Street, Parramatta Park. Code Assessment of the application was triggered due to the site’s inclusion in a Character Precinct and the proposal’s non-compliance with the Acceptable Measures of CairnsPlan Parking and Access Code.

165


The proposal fails to provide adequate onsite parking spaces to comply with the Acceptable Measures of the current Cairns Plan Parking and Access Code. The proposal is otherwise consistent with relevant CairnsPlan Codes. Approval is recommended, subject to a condition requiring amendment to design to address onsite parking issues. TOWN PLANNING CONSIDERATIONS: Background The former Cairns City Council issued consent (C17/98) for a Restaurant on 183 Bunda Street on 9 April 1998. The approved plan is attached as Appendix 3. It is noted that no approval was granted for the courtyard dining area which now exists on the site. 183 Bunda Street also contains an existing Caretakers Residence on the second floor of the building which was in existence prior to the consent application for the restaurant. 181 Bunda Street currently contains a lowset dwelling which the applicant advises is still utilised as a House. Site Plans provided do not accurately reflect the extent of existing structures on the site. Appendix 4 contains an aerial photograph which shows roofed structures extending well beyond the extent of the existing house. Inspection from Jubilee Street confirms that the extent of structures onsite is not accurately reflected on site plans provided by the applicant. This was raised in the information request issued by Council and the applicant responded that “within a reasonable degree of precision, the drawings accurately reflect what is onsite”. Proposal The applicant proposes to extend the existing restaurant by adding a 62m² billiards area and a 33m² store room. The applicant also proposes to extend the existing awning along the frontage of Bunda Street. This area will accommodate additional outdoor dining. All existing land uses on the site (House, Caretakers Residence and Restaurant) will be maintained.

CairnsPlan Assessment

CairnsPlan Inner Suburbs Planning District

Code Applicability Compliance

Planning Area Commercial Complies- See comments below.

Land Use Restaurant r No Code. Hillslopes r -

Overlays Character Precinct Complies- See comments below.

Vegetation Conservation & Waterway Significance r - Potential or Actual Acid Sulphate Soil Material r - Bushfire Management r -

166


Flood Management r

Not applicable to a Restaurant.

Height and Impact of Buildings r - Operational Aspects of the Cairns International Airport r -

Local Heritage r -

Excavation and Filling Code Complies- no excavation or filling proposed.

Infrastructure Works Code Complies. All services already connected.

Landscaping Code Preliminary Approval

subject to compliance with this Code.

Parking & Access Code Preliminary Approval

subject to compliance with this Code.

Reconfiguring a Lot Code r -

General

Development Near Major Transport Corridors & Facilities Complies.

Compliance Issues Commercial Planning Area Acceptable Measure A2.1 requires that buildings are set back 6 metres from the road frontage/s. The proposed extension is built to the front boundary and extends the existing awning over the road reserve. P2 The siting of buildings must contribute to the desired amenity of the area and protect the amenity of other land uses. P3 Building Design contributes to the desired amenity of the area and protects the amenity of adjoining land uses ensuring sight lines from adjoining land uses are not obscured. The proposed siting of the extensions is consistent with the existing building and does not have any detrimental impact on the amenity of adjoining land uses. The adjoining site contains a second hand car sales yard. While the extension will obscure the site line from the car sales yard, the same result could be achieved through the erection of a fence or dense landscaping along the boundary. The proposed building is considered to contribute to the desired amenity of the area by encouraging an active streetscape with opportunities for casual surveillance. The proposal is deemed to comply with the Performance Criteria. Parking and Access Code The existing approval (approved plan attached as Appendix 3) required that five (5) onsite car parking spaces be provided. This incorporates one (1) space for the caretakers residence and four (4) spaces for the restaurant. At present, the site contains no parking and fails to comply with the conditions of the original approval. Area for informal paring is available for the House at the rear of the site (Jubilee Street).

167


The 150m² courtyard dining area was not included on the original approved plans. Additional car parking spaces have not been provided to accommodate the increased demand generated by the increased customer capacity of the restaurant. The proposal therefore has a combined parking shortfall (for existing and proposed uses) of 15 spaces: ● Existing Caretakers Residence 1 space ● Existing Approved Restaurant 4 spaces ● 150m² Courtyard dining area (1 space/25m²NLA) 6 spaces ● Existing House 2 spaces (may be in

tandem) ● Proposed Billiard Area 2 spaces Alternatively, a total of 14 spaces are required under current CairnsPlan provisions. This is calculated as: ● The combined NLA of Bar (16m²), Courtyard (150m²), Inside Restaurant (55m²),

Billiard Area (62m²) is 283m². This generates a demand of 11 spaces (1/25m²NLA).

● One space for the existing caretaker’s residence. ● Two spaces for the house. As the site is not within the CBD Parking Area identified in the Trunk Infrastructure Contribution Policy, monetary contributions in lieu of the parking spaces can not be applied. It must also be noted that the Department of Transport and Main Roads (as Concurrence Agency for the application) has included a condition in its approval that no parking associated with the development is permitted within the Bunda Street road reserve. The applicant proposes to provide six parking spaces at the rear of Lot 5. All spaces will require direct access to Jubilee Street. While this is not a conventional parking arrangement it is acknowledged that Jubilee Street is a small cul-de-sac and a relatively slow traffic environment. Jubilee Street currently has a very narrow pavement with unsealed edges which are used for informal parking during business hours. The applicant also contends that: Jubilee Street is a dead end street mostly occupied by commercial premises. Parking is high during daylight hours especially now Cairns Central has imposed its paid parking regime. However, at night when The Green Ant Cantina is operating, none of the other businesses in the street are. Night time car parking is light and traffic volumes almost non-existent. Under these circumstances, reversing onto the street is not hazardous, probably far less hazardous than reversing out of a house in a normal residential street to go to work. The proposed parking is consistent with the Performance Criteria of the Parking and Access Code which states:

168


Sufficient parking spaces must be provided on the site to accommodate the amount and type of vehicle traffic generated by the development of the site, having particular regard to: a) the desired character of the area in which the premises is located; and b) the nature and scale of the development; and c) accessibility to the premises; and d) the nature and frequency of public transport serving the area; and e) whether or not the development involves the retention of an existing building,

particularly an identified historic building, and the previous requirements for car parking for the building; and

f) whether or not the use involves the retention of other cultural heritage features or significant vegetation; and

g) the different types of vehicles that visit the premises are adequately accommodated.

The proposed layout will require the relocation of a temporary shipping container which is used for storage located at the rear of the site (Jubilee Street frontage). In order to establish additional parking spaces on the site, demolition of other existing structures to the rear of Lot 6 (which contains the house) would be required. Parking to the rear of Lot 6 would likely compromise the amenity and functionality of the Existing House. A condition of approval is recommended which requires an additional two spaces (which may be in tandem) to be provided for the existing house on Lot 6. These spaces may be informal and unsealed but must be feely accessible for exclusive use by the occupants of the House. Character Precinct Code The proposed extension respects the architectural style and form of the existing building. Surrounding development consists largely of more modern commercial buildings which are not consistent with the Character Precinct. Several remaining traditional “Queenslander” style dwellings in Bunda Street have been converted for commercial use. Landscaping Code The Landscaping Code requires that a minimum of 10% of the site be landscaped. Conditions of the approval require that the applicant demonstrate that this measure has been achieved. Flood Management Code The Flood Management Code is not applicable to a Restaurant. The Queensland Development Code and Australian Standards will regulate the flood immunity requirements for the extension.

169


On street works The extension of the awning will require the removal of one medium street tree. Replacement or relocation of the tree is not possible as the full frontage of the site will be covered by an awning. The proposed awning will provide an alternative source of shade for pedestrians. The proposed awning will also conflict with an existing power pole and street light. Council Engineers raised concern regarding the impact of the awning on Ergon access to overhead assets and clearance from overhead conductors. Relocation or undergrounding of the power pole may be required. Relocation of the street light may also be necessary. Conditions of the approval require that the applicant seek written advice from Ergon regarding requirements for the power pole and light. Referral Agency Requirements The Department of Transport and Main Roads, as Concurrence Agency, approved the development subject to conditions. Of particular importance is Condition 4 which requires that the awning posts must be located 1 meter from the kerb. This will require that the awning design be amended or that the applicant negotiate with the Department to amend the condition. As the redesign may result in CairnsPlan compliance issues, it is recommended that the applicant be required to demonstrate compliance with the Departments conditions prior to the issue of a Building Permit. HEADWORKS / CONTRIBUTIONS: The proposed development does not trigger Developer’s Headwork site’s Contributions. The development would have been Self Assessable if not for the sites inclusion in a Character Precinct and failure to comply with the Acceptable Measures of the Parking and Access Code. Lauren Payler Planning Officer Action Officer Simon Clarke Manager Development Assessment

170


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

171


172


173


174


175


APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

176


177


178


APPENDIX 3 EXISTING APPROVED PLANS

179


180


APPENDIX 4 COMPARISON OF SITE PLAN AND AERIAL PHOTO OF SITE

Documents

PLANNING & ENVIRONMENT COMMITTEE 14 APRIL 201014 APRIL 2010 13 MATERIAL CHANGE OF USE (CODE ASSESSMENT) EXTENSION TO A RESTAURANT – 181 & 183 BUNDA STREET PARRAMATTA PARK – DIVISION