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Agenda – Planning & Environment Committee 8/4/09 - #2002546

PLANNING & ENVIRONMENT COMMITTEE

8 APRIL 2009

5 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - CHILD CARE CENTRE – 97 BRUCE HIGHWAY, EDMONTON – DIVISION 2 S M Cook : 8/8/1047 : #1864689 PROPOSAL: CHILD CARE CENTRE APPLICANT: R HENWOOD PO BOX 303 GARBUTT EAST QLD 4814 LOCATION OF SITE: 97 BRUCE HIGHWAY EDMONTON QLD 4870

PROPERTY: LOT 1 ON RP710452 PLANNING DISTRICT: WHITE ROCK EDMONTON PLANNING AREA: COMMERCIAL PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 3 APRIL 2009 APPLICATION DATE: 15/10/2008 DIVISION: 2 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. DEVELOPER CONTRIBUTION CALCULATIONS

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LOCALITY PLAN

RECOMMENDATION: That Council approve the development application for Child Care Centre over land described as Lot 1 on RP710452, located at 97 Bruce Highway Edmonton, 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 LAYOUT PLAN VK2407SK/01B DEC 2007 FLOOR PLAN VK2407SK/02C DEC 2007 ELEVATIONS VK2407SK/03B DEC 2007 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;

Subject Site

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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.

Amendment to Design 3. The proposed development must be redesigned to accommodate the

following changes: a. Include vehicle parking requirements as required by Condition 13; b. Provide setback requirements as required by Condition 14. Details of the above amendments must be endorsed by the Chief Executive

Officer prior to issue of a Development Permit for Building Work. Air-conditioning Screens 4. Air conditioning units located above ground level and visible from external

properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Water Supply Contributions 5. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of water supply infrastructure.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $4,133.51 (1.2 ERAs).

Payment is required prior issue of a Development Permit for Building Work. Wastewater Contributions 6. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of sewerage infrastructure.

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Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $4,244.94 (1.5 ERAs).

Payment is required prior issue of a Development Permit for Building Work. Stormwater Mitigation 7. Pay a monetary contribution to Council in accordance with the Planning

Scheme Council’s Trunk Infrastructure Contributions Policy towards the provision or augmentation of stormwater drainage services.

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

the present method of calculation, the contributions are $4,254.32 for Stormwater Mitigation.

Payment is required prior issue of a Development Permit for Building Work. Stormwater Quality 8. Pay a monetary contribution to Council in accordance with Council’s Trunk

Infrastructure Contributions Policy towards the improving Stormwater Quality.


the present method of calculation, the contributions are $1,751.60 for Stormwater Quality.

Payment is required prior issue of a Development Permit for Building Work. Public Art Contribution 9. Pay a monetary contribution to Council in accordance with Council’s

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


the present method of calculation, the contributions are $1,825.00. Payment is required prior issue of a Development Permit for Building Work. Water Supply and Sewerage Works Internal 10. Undertake the following water supply and sewerage works internal to the

subject land:- a. The development must be serviced by a single internal water and

sewerage connection made clear of any buildings or structures;

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

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

requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Damage to Infrastructure 11. 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 immediately of the affected infrastructure and have it repaired or replaced by Cairns Water, at the developers cost, prior to the Commencement of Use.

Water Saving 12. All toilet devices in the development must be fitted with dual flush cisterns

and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Vehicle Parking 13. The amount of vehicle parking must be as specified in Council's Planning

Scheme which is a minimum of 18 spaces. The car parking layout 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 manoeuvering areas must be imperviously sealed, drained and line marked.

Car Parking Layout 14. The parking layout must comply with the Australian Standard AS2890.1 2004

Parking Facilities - off street car parking and CairnsPlan, in particular: a. The driveway serving the parking area must include a physical means of

speed control at the exit point; b. The parking area must be set back a minimum of 3 metres from the

front property boundary and a minimum of 1 metres from the side and rear property boundaries.

Amended plans must be endorsed by the Chief Executive Officer prior to the

issue of a Development Permit for Building Work.

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Protection of Landscaped Areas From Parking 15. 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.

Construction Signage 16. Prior to the commencement of any construction works associated with the

development, a sign detailing the project team must be placed on the road frontage of the site and must be located in a prominent position. The sign must detail the relevant project coordinator for the works being undertaken on the site, and must list the following parties (where relevant):-

a. Developer; b Project Coordinator; c. Architect / Building Designer; d. Builder; e. Civil Engineer; f. Civil Contractor; g. Landscape Architect

Lighting 17. All lighting installed upon the premises including car parking areas must

be certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

External Works 18. Undertake the following works external to the land at no cost to Council:

a. Provision of a concrete crossover and apron in accordance with FNQROC Development Manual Standard Drawing 1015;

b. 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.

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The external works outlined above require approval from Council in

accordance with Local Law 22 – (Activities on Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Above Ground Transformer Cubicles/ Electrical Sub-Stations 19. Above ground transformer cubicles and/or electrical sub-stations are to be

positioned so that they do not detract from the appearance of the streetscape and must be clear of footpath areas. This will require cubicles/sub-stations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

Demolish Structures 20. All structures not associated with the approved development (including

disused services and utilities) must be demolished and/or removed from the subject land prior to Commencement of Use.

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

Landscaping Plan. The Landscaping Plan must show: a. Deep planting of setback areas; b. Planting of the footpath with trees, using appropriate species with

regard to any site constraints. c. Plantings to give protection to western walls. d. 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.

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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.

Minimum Fill and Floor Levels 23. All floor levels in all buildings must be located 100 mm above the Q100 flood

immunity level, plus any hydraulic grade effect (whichever is the greater), in accordance with FNQROC Development Manual and Planning Scheme requirements.

Sediment and Erosion Control 24. Soil and water management measures must be installed/implemented prior

to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Screen Fence 25. A screen fence must be provided to the side and rear boundaries of the

subject land, to the satisfaction of the Chief Executive Officer. The fencing must be consistent in terms of design and materials with other fences in the locality. The fencing must be completed prior to the Commencement of Use.

Refuse Storage 26. 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.

27. The refuse bin enclosure must be roofed and bunded and fitted with a

bucket trap. Liquid Waste Disposal 28. 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 29. The development must provide clear and legible signage incorporating the

street number for the benefit of the public.

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Advertising Signage 30. 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.

Crime Prevention Through Environmental Design 31. The applicant/owner must ensure that all lighting and landscaping

requirements complies with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

32. 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.

33. 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.

34. 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.

35. Prior to operation of the food business, the operator must hold a current

Food Licence issued by Councils Public Health Unit under the Food Act 2006. Every licensed food business is required to have a Food Safety Supervisor who has met specified competencies and is reasonably available at all times the business is operating. Contact the Council’s Public Health Unit for further information.

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36. Noise from air conditioning units, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department Of Main Roads

214/10p/102(3058.04) 7 November 2008 1882132

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 Integrated Planning Act

1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

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 cyclone watch 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 other

relevant Local Laws and other statutory requirements. 4. Headwork contribution calculations are attached as Appendix 3. Please note

that the contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

5. For information relating to the Integrated Planning Act 1997 log on to

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

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EXECUTIVE SUMMARY: Council is in receipt of a Development Application seeking to establish a Child Care Centre (max 75 children) at 97 Bruce Highway, Edmonton, more particularly described as Lot 1 on RP710452. The proposal generally complies with the requirements of the relevant codes of CairnsPlan and is recommended for approval, subject to minor design amendments. TOWN PLANNING CONSIDERATIONS: Background Council is in receipt of a Development Application seeking a Development Permit for the establishment of a Child Care Centre at 97 Bruce Highway, Edmonton, more particularly described as Lot 1 on RP710452. The site is situated within a Commercial Planning Area within the Whiterock – Edmonton Planning District. Under the Whiterock – Edmonton Planning District a Child Care Centre is identified as an Inconsistent Use within a Commercial Planning Area. The proposal has undergone impact assessment. It is considered that the nomination of a Child Care Centre as an Inconsistent Use within the Commercial Planning Area within the Whiterock – Edmonton District Table of Assessment is a mistake. The District Table of Assessment for all other Districts, except the Portsmith – Woree Industrial District, nominates a Child Care Centre as Code Assessable within a Commercial Planning Area. The Portsmith – Woree Industrial Planning District nominates a Child Care Centre as Impact Assessable. This is considered to be accurate and appropriate as this area intended more for Industry Landuses, which could have an impact on a Child Care Centre. Further, Acceptable Measure A1.1 of the Child Care Centre Code requires a Child Care Centre to be located within a Commercial Planning Area. Proposal The submitted application is seeking approval for the establishment of a Child Care Centre providing for a maximum of 75 Children. The site is situated within a Commercial Planning Area and has a total site area of 2023 m2. The site is located on the Bruce Highway service road approximately 200 metres south of the Mill Road / Bruce Highway intersection. The adjoining allotments are included within the Commercial Planning Area. Within a 150 metre radius of the site are lots included within the Sport and Recreation Planning Area, Residential 3 Planning Area, Community Facilities Planning Area and the District Centre Planning Area. Existing land uses in the immediate vicinity include a Police Station, Lawn Bowls Club and Piccone’s IGA.

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The submitted application details the intention for the centre to cater for a maximum of 75 Children, broken down into the following age categories and allotted carers: Birth – 2 Years Maximum 8 Children (2 Carers) 15 months – 21/2 years Maximum 10 Children (2 Carers) 2 years – 3 years Maximum 16 Children (2 Carers) 3 years – 4 years Maximum 17 Children (2 Carers) 3 years – 5 years Maximum 24 Children (2 Carers) Mixed age Maximum 21 Children * (3 Carers) *This class will only operate between the hours before 9.00am and after 3.00pm. The age group breakdowns have been provided within the above categories in order to demonstrate the number of staff required. The minimum staffing requirements for a Child Care Centre are identified within Schedule 1 of the Child Care Regulations 2003. The above identified carers per age group correspond with the minimum staffing requirements of these regulations. It is intended that the facility will operate between 6.00am and 6.00pm Monday to Friday with occasional Saturday or Sunday operations. All Children will remain indoors until 7.30am. It is considered that the site is suitably located to service the community with a Child Care Centre. It is centrally located and readily accessed. The submitted application and design of the proposal generally satisfy the requirements of CairnsPlan and the proposal is recommended for approval subject to the inclusion of conditions and minor redesing. CairnsPlan Assessment

CairnsPlan White Rock Edmonton Planning District

Code Applicability Compliance

Planning Area Commercial Please refer to discussion below.

Land Use Material Change of Use (Impact Assessment) - Child Care Centre Please refer to discussion below.

Overlays Potential or Actual Acid Sulphate Soil Material

Complies with the requirements of the code. Minimal excavation and fill is

proposed.

Excavation and Filling Code Complies with the requirements of the

code. Minimal excavation and fill will be required.

Infrastructure Works Code Complies with the requirements of the

code. The site is serviced by necessary infrastructure.

Landscaping Code The proposal complies with the

requirements of the code. Conditions have been imposed to ensure

compliance. Parking & Access Code Please refer to discussion below.

General

Development Near Major Transport Corridors & Facilities Proposal generally complies with the

requirements of the code.

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Compliance Issues Commercial Planning Area Code The purpose of the Commercial Planning Area Code states that uses identified as inconsistent uses are not established within the Commercial Planning Area. A Child Care Centre is identified as an inconsistent use; however this has been addressed earlier. It is considered that the establishment of the proposal would not compromise the purpose of the code. The submitted application demonstrates that the requirements of the code have been met. Child Care Centre Code The proposal complies with the requirements of the Child Care Centre Code. The site is readily accessible to the surrounding community and does not afford an incompatibility with surrounding landuses. The site is of sufficient size to cater for the anticipated number of children in care. The code requires a minimum of 2000m2 when greater than 50 children are in care and the site has a total area of 2023m2. The proposal plan indicated that the car park would be setback 2 metres from the front boundary. It is a requirement of the Code that buildings, structures, car parks and vehicle manoeuvring areas are setback a minimum of 3 metres from the front boundary. The proposal has been conditioned to amend the design to include this setback requirement. Parking and Access Code Schedule 1 of the Parking and Access Code requires child care centres to provide on-site parking at a rate of 1 parking space per full time staff member plus 1 space per 10 Children. 75 Children x 1 space / 10 children = 7.5 spaces (8 spaces) The staffing rates are linked to the number of children within each age category. These have been identified above. If the child care centre was operating at full capacity, 75 children, the maximum number of staff required would be 10. This figure may fluctuate to a small degree with changing numbers of children within each age category, this fluctuation is considered to minor and irrelevant in determining the number of required parking spaces. At maximum capacity the proposal would require 10 parking spaces for staff plus 8 parking spaces for child set down. At these rates 18 on-site parking spaces are required. The proposal has provided for 14 on-site parking spaces. An amendment to design condition has been included to ensure that 18 on-site parking spaces are provided.

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Public Notification / Submissions The applicant undertook public notification in accordance with the requirements of the Integrated Planning Act 1997 from 6 January 2009 till 30 January 2009. During this time no submissions were received. HEADWORKS / CONTRIBUTIONS: The proposed development triggers Developer’s Headwork’s Contributions. Refer to Appendix 3 to view calculations. S M Cook Planning Officer Action Officer Simon Clarke Manager Development Assessment

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

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APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 3 DEVELOPER CONTRIBUTION CALCULATIONS

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