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Agenda – Planning & Sustainability Committee 13 February 2013 - #3844695

PLANNING AND SUSTAINABILITY COMMITTEE

13 FEBRUARY 2013 2

SUPERSEDED PLANNING SCHEME REQUEST- RECONFIGURING A LOT– FOLEY ROAD PALM COVE – DIVISION 10 G Rosse: 8/35/103 :#3824889

PROPOSAL: SUPERSEDED PLANNING SCHEME REQUEST APPLICANT: G R COWAN C/- PLANNING FAR NORTH C11-015 PO BOX 7801 CAIRNS QLD 4870 LOCATION: FOLEY ROAD PALM COVE PROPERTY: LOT 1 ON RP808351 PLANNING DISTRICT: CAIRNS BEACHES PLANNING AREA: LOW DENSITY RESIDENTIAL / PART

CONSERVATION PLANNING SCHEME: CAIRNSPLAN 2009 (SUPERSEDED) REFERRAL AGENCIES: NOT APPLICABLE AT THIS STAGE NUMBER OF SUBMITTERS: NOT APPLICABLE AT THIS STAGE APPLICATION DATE: 14/12/2012 DIVISION: 10 APPENDIX: 1. CURRENT PLANNING SCHEME

(CAIRNSPLAN 2009) 2. SUPERSEEDED PLANNING SCHEME

(CAIRNSPLAN 2009) 3. AERIAL IMAGE OF THE SITE (2011) 4. AERIAL IMAGE OF THE SITE (1952) 5. VEGETATION MANAGEMENT ACT

REGIONAL ECOSYSTEM AND REMNANT MAP-VERSION 6.1

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LOCALITY PLAN

RECOMMENDATION:

That Council approves the request for a future Reconfiguring a Lot application to be considered under the Superseded Planning Scheme, being CairnsPlan 2009 (Superseded), over land described as Lot 1 on RP808351, located at Foley Road, Palm Cove.

EXECUTIVE SUMMARY:

A request has been made over a 27.4 ha site located at Foley Road, Palm Cove for Council to assess a future development application for Reconfiguring a Lot under the Superseded Planning Scheme, being CairnsPlan 2009 (superseded). Council amended the Planning Scheme in December 2011 whereby the land was removed from the Residential 1 Planning Area and approximately 2/3 of the land included in the Conservation Planning Area and the remaining 1/3 of the land included in the Low Density Residential Planning Area.

The main difference between the two Schemes in terms of outcomes for a Reconfiguring a Lot application is in terms of the level of assessment and minimum lot sizes that may result. Notwithstanding, it is noted that the site is relatively constrained and is subject to a number of Overlays under both Schemes including the Hillslopes Overlay, Vegetation Conservation and Waterway Overlay and the Bushfire Management Overlay of which any Development Application would need to recognise.

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It is considered that a thorough assessment under the superseded CairnsPlan 2009 scheme with due weight given to other relevant statutory instruments, including the Far North Queensland Regional Plan 2009 – 2031 and the sites constraints (vegetation, slopes, visual amenity, drainage, geotechnical, bushfire, etc.) an appropriate development outcome can be achieved on-site. It is recommended that the request to apply a superseded planning scheme (CairnsPlan 2009 - superseded) to a future Reconfiguring a Lot application be supported. PLANNING CONSIDERATIONS: Background Council is in receipt of a request for a development application to be assessed under the Superseded Planning Scheme being the CairnsPlan 2009 (Superseded) for a Reconfiguring of a Lot over a 27.4 ha site located at Foley Road, Palm Cove. Proposal The property owner considers that the site is suitable for subdivision, generally in accordance with the parameters for the Residential 1 Planning Area in the form of a Residential 1 type subdivision. The applicant argues that the area of the site which contains the gully can be dealt with in a practical design for the subdivision of the site. Comparison between schemes CairnsPlan 2009 (Superseded) Under CairnsPlan 2009 (superseded), the entire site is contained within the Residential 1 Planning Area. (Appendix 1) CairnsPlan 2009 (Amended) Under CairnsPlan 2009 (amended) approximately 18.4ha of the 27.4 ha of the northern portion of the site is contained within the Conservation Planning Area and the balance contained within the Low Density Residential Planning Area. The Conservation Planning Area on the site basically exists over the vegetated portion of the site. (Appendix 2) It is noted that under both schemes the site is contained within the Category 1 Hillslopes Overlay. Council’s decision to change the Planning Area over the site to part Conservation and part Low Density Residential Planning Area was in response to the requirements of the Far North Queensland Regional Plan 2009-2031. The intent of the scheme changes was to limit the type of uses and extent of development that could be established in order to protect the visual amenity and recognise the constraints on the land due to physical attributes. In this case the changes were implemented to reflect and protect the vegetation and waterway that exist on the site.

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The items of difference between the two schemes in relation to a Reconfiguring a Lot Application relates to the level of assessment and minimum lot sizes as outlined below:

Planning Area

Level of Assessment (Reconfiguring a Lot)

Minimum Lot sizes (Reconfiguring a Lot Code)

CairnsPlan

2009 (Superseded)

Residential 1 Code Assessment Minimum 1000m2 exclusive of land

with slopes greater than 1 in 4 with a minimum dimension of 20 metres.

CairnsPlan 2009

(Amended)

Part Low Density

Residential

Code Assessment

4000m2 with a minimum area of

1000m2 exclusive of land with slopes greater than 1 in 4 with a minimum

dimension of 20 metres.

Part Conservation

Impact Assessment Not specified

It is noted that the site is subject to a number of Overlays under both Schemes including the Hillslopes Overlay, Vegetation Conservation and Waterway Overlay and Bushfire Management Overlay. Despite the different Planning Areas and subsequent outcomes for a Reconfiguring a Lot application (in terms of minimum lot sizes) that each Scheme facilities, any development on the site would need to be designed around the existing constraints located on the site. It must be also noted that the vegetation that exists on the site is mapped as Remnant vegetation containing of concern regional ecosystems and Essential Habitat (Appendix 5). Aerial Imagery from 1952 (Appendix 4) also identifies the existing vegetation on the site. Any Reconfiguring a Lot application that proposes to clear any vegetation as identified in Appendix 5 will require assessment by the Department of Natural Resources & Mines via a Concurrence Agency referral. Public Notification / Submissions Public Notification is not applicable at this stage. If a subsequent development application was lodged over the site (ROL as currently proposed) in accordance with the current Scheme (CairnsPlan 2009), public notification would occur as the site is contained in the Conversation Planning Area, whereby an ROL triggers Impact Assessment. Should the Superseded Scheme Request be granted the Application would not require Public Notification as an ROL in the Residential 1 Planning Area is Code Assessable. Referrals Under both Scheme assessments the Applicant would be required to refer the application to the state agencies during the assessment stage of a subsequent development application.

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Other Considerations The difference between the superseded and current Schemes is substantial in terms of the Planning Areas designed for the site and the subsequent levels of Assessment for a Reconfiguring a Lot application. Under the Sustainable Planning Act 2009 consideration can be given to balancing economic, social and environmental considerations. An approval of the request for the development to be assessed against the Superseded Scheme does not imply an application would be approved as submitted. Any such application would be assessed on its merits and the determination of the application would be a Council decision. Summary The main difference between the two Schemes is that the site was previously contained within contained within the Residential 1 Planning Area under the superseded Scheme and under the Amended Scheme is now contained partly within the Conservation Planning Area and the partly within the Low Density Residential Planning Area. In terms of a proposed future Reconfiguring a Lot application, the level of assessment over the portions of the site in the Conservation Planning Are now drops from Impact Assessable to Code Assessable and the minimum lot sizes are reduced overs the portion of the Site within the Low Density Residential Planning Area. It is considered that despite these differences, a thorough assessment under the superseded CairnsPlan 2009 scheme with due weight given to other relevant statutory instruments, including the Far North Queensland Regional Plan 2009 – 2031 and the sites constraints (vegetation, slopes, visual amenity, drainage, geotechnical, bushfire, etc.) an appropriate development outcome can be still achieved on-site. The assessment of the application under the superseded CairnsPlan 2009 would result in limitations on the potential for claims for compensation, as detailed by Chapter 9, Part 3 of the Sustainable Planning Act 2009. It is recommended that the request to apply a superseded planning scheme (CairnsPlan 2009 - Superseded) to a Further Reconfiguring a Lot application should be supported. HEADWORKS / CONTRIBUTIONS: The proposed development triggers Developer’s Headwork’s Contributions. These would be calculated at the time of determining the application. Gerard Rosse Planning Officer Action Officer Kelly Reaston Acting General Manager Planning & Environment

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APPENDIX 1 - CURRENT PLANNING SCHEME (CAIRNSPLAN 2009)

APPENDIX 2 - SUPERSEEDED PLANNING SCHEME (CAIRNSPLAN 2009)

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APPENDIX 3 – AERIAL IMAGE OF THE SITE (2011)

APPENDIX 4 – AERIAL IMAGE OF THE SITE (1952)

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APPENDIX 5 – Vegetation Management Act Regional Ecosystem and Remnant Map-Version 6.1

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