occupancy) landowner: peter bridgewater …

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Agenda – Ordinary Meeting 11 September 2019 - #6165626

ORDINARY MEETING

11 SEPTEMBER 2019 10

MATERIAL CHANGE OF USE – DUAL OCCUPANCY – 136 MARTYN STREET, PARRAMATTA PARK – DIVISION 5 G Bartlett | 8/7/4540 | #6169075 PROPOSAL: MATERIAL CHANGE OF USE (DUAL

OCCUPANCY) LANDOWNER: PETER BRIDGEWATER CONSOLIDATIONS PTY

LTD APPLICANT: PETER BRIDGEWATER CONSOLIDATIONS PTY

LTD C/- THE BUILDING APPROVAL COMPANY PO BOX 1053 CAIRNS NORTH QLD 4870 LOCATION OF SITE: 136 MARTYN STREET, PARRAMATTA PARK

PROPERTY: LOT 5 C19892 ZONE: LOW-MEDIUM DENSITY RESIDENTIAL LOCAL PLAN: NOT APPLICABLE PLANNING SCHEME: CAIRNS PLAN 2016 REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 11 SEPTEMBER 2019 APPLICATION DATE: 07 JUNE 2019 DIVISION: 5 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. STATEMENT OF COMPLIANCE 3. FNQROC STANDARD DRAWINGS 4. INFRASTRUCTURE CHARGES NOTICE 5. SUPPORTING INFORMATION

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LOCALITY PLAN

RECOMMENDATION That Council approves the development application for Dual occupancy over land described as Lot 5 C19892, located at 136 Martyn 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 1 Bridgewater Buildings 10 September 2019 Site Plan 1 Bridgewater Buildings 10 September 2019 Ground Floor Plan Bridgewater Buildings 10 September 2019 First Floor Plan Bridgewater Buildings 10 September 2019 Elevations Bridgewater Buildings 10 September 2019 Landscaping Plan Bridgewater Buildings 10 September 2019

Assessment Manager Conditions 1. This approval, granted under the provisions of the Planning Act 2016, shall

lapse six (6) years from the day the approval takes effect in accordance with the provisions of select one Section 85 of the Planning Act 2016.

2. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:

a. The specifications, facts and circumstances as set out in the application submitted to Council;

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b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval Timing of Effect 3. The conditions of the Development Permit must be effected prior to

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

Notice of Intention to Commence Use 4. Prior to commencement of the use on the site, written notice must be given to

Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced. (Attached at Appendix 2).

Amendment to Design 5. The Applicant must submit a revised site plan addressing the following: a. Amend the design of the garage for House 2 to include a pitched roof. Details of the above amendments must be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work. External Works 6. Undertake the following external works:

a. Provide a residential concrete crossover to Martyn Street with a maximum width of 5.5m and aprons of 0.600m (giving a maximum total width at the kerb of 6.7m), and otherwise generally in accordance with FNQROC Development Manual Standard Drawing S1015 Rev D. A copy is attached at Appendix 3;

b. Make good the kerb(s) at redundant crossover(s); c. Make good any damaged kerbs; and d. Re-turf any damaged verge areas.

e. The driveway must be designed in accordance with AS2890.1 Off Street Car Parking.

The applicant is to ensure the current kerb and channel to the frontage of the

site is fit for the purpose. Any sections showing ponding, significant cracking, etc, shall be deemed as not fit for purpose and are to be replaced.

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Such works must be constructed to the satisfaction of the Chief Executive Officer prior to the commencement of use.

NB. The maximum grade for a crossover is 2.5% and where the site fronts an

existing footpath the new crossover must not interfere with existing footpath. Access Requirements for House 1 7. Manoeuvring space must be provided to enable all vehicles to enter and exit

the site in forward gear. Water Supply and Sewerage Works Internal 8. 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;

b. Water supply sub-metering must be designed and installed in

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

c. Smart Meters are to be installed which align with Council’s Smart Meter

program; and

d. Any building works located over or near the existing sewer is subject to a Plumbing application for Permission to Build over/and or Adjacent to Sewer Mains. The design of the building and footings over the sewer must comply with Section MP.1.4 of the Queensland Development Code.

All 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 of a Plan of Survey, whichever occurs first.

Landscaping Plan 9. The applicant/owner must landscape the subject land and street frontage in

accordance with the FNQROC Development Manual, the Planning Scheme Policy Landscaping and in accordance with the approved preliminary Landscaping Plan dated 10 July 2019. The landscaping must be established and inspected by Council prior to the commencement of use and must include the following:

a. a planting pallet that includes a mixture of tropical species consisting of

shrubs and accent plants and appropriate plant spacing to assist with screening and providing privacy. Species must not be identified as

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invasive biosecurity matter under the Biosecurity Act 2014 or environmental weeds within Cairns Regional Council area;

b. deep planting within trees and shrubs within the allocated set back areas at the corners of the site, in accordance with the FNQROC Development Manual set back requirements from services;

c. mulching to a minimum depth of 100mm;

d. measures to ensure landscaping establishment such as irrigation, staking, soil conditioning and edging;

e. minimum container supply size of 140mm for grasses and ground covers, 200mm for shrubs and accent plants and 300mm/25Lt for trees.

Electrical and Telecommunications Supply 10. The applicant/owner must provide written evidence from the electricity and

telecommunications authorities stating that underground services are provided to House 1 for the full length of the access handle prior to the Commencement of Use.

Such evidence from an electricity provider (Ergon Energy) must be in the form of a “Certificate of Supply”, or alternatively a receipt for the full payment of the amount detailed under an “Offer of Supply”.

Such evidence from a telecommunications provider (NBN Co.) must be in the form of a receipt for the full payment of the NBN Co. “Development Application” or alternatively provide Council with a copy of the NBN Co. “Council Letter”.

NB: In this instance Council would accept, subject to the agreement of the electricity provider, a main service connection in the form of an overhead connection from the existing pole at the frontage of the site to a property pole located in the property boundary in accordance with the requirements of this condition.

Service Conduits 11. Provide service conduits to the rear dwelling adjacent to the driveway,

together with associated access pits if necessary, to extend from the front boundary to the end of the access driveway.

All works must be carried out to the requirements and satisfaction of the Chief

Executive Officer prior to the Commencement of Use.

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Lawful Point of Discharge 12. The flow of all external stormwater from the property must be directed to a

lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development.

Ponding and/or Concentration of Stormwater 13. The proposed development and any retaining walls are not to create ponding

nuisances and/or concentration of stormwater flows to adjoining properties. Damage to Council Infrastructure 14. In the event that any part of Council’s existing stormwater, water, sewer or

road infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owners/builders cost, prior to the Commencement of Use or approval of a Plan of Survey, whichever occurs first.

Sediment and Erosion Control 15. 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).

Refuse Storage 16. The development must be designed to be serviced by kerbside collection. Two

refuse collection bins must be provided for each dwelling. The refuse bin enclosure must be convenient to the occupants and screened from view from the street and adjoining properties.

Fencing 17. A screen fence must be provided between the areas of private open space and

must be a minimum 1.8m in height. The screen fencing must be completed prior to the Commencement of Use.

Air-Conditioning Screens 18. 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.

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ADVICE 1. 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.

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

relevant Local Laws and other statutory requirements. Infrastructure Charges Notice 3. A charge levied for the supply of trunk infrastructure is payable to Council

towards the provision of trunk infrastructure in accordance with the Infrastructure Charges Notice. The original Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Infrastructure Charges Notice has been calculated

according to Council’s Infrastructure Charges Resolution. Please note that this Decision Notice and the Infrastructure Charges Notice

are stand-alone documents. The Planning Act 2016 confers rights to make representations and appeal in relation to a Decision Notice and an Infrastructure Charges Notice separately.

The amount in the Infrastructure Charges Notice is subject to index

adjustments and may be different at the time of payment. Please contact the Planning Approvals Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Infrastructure Charges

Notice. 4. Council will be implementing “smart” meters during the currency of this

development. The Plumbing contractor must confirm with Council, at the time of making a Development Application for Plumbing Works, what they type of sub meter should be installed.

5 For information relating to the Planning Act 2016 log on to

https://planning.dsdmip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au

LAND USE DEFINITIONS* In accordance with CairnsPlan 2016 the approved land use of ‘Dual Occupancy’ is defined as:

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“Premises containing two dwellings, each for a separate household, and consisting of:

a single lot, where neither dwelling is a secondary dwelling two lots sharing common property where one dwelling is located on

each lot.” *This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual. EXECUTIVE SUMMARY Council is in receipt of an application for a Development Permit for a Dual Occupancy at 136 Martyn Street, Parramatta Park, more accurately described as Lot 5 C19892. The site is 607m², and is located within the Low-Medium Density Residential Zone. It is affected by the Neighbourhood Character Overlay. The proposed development is ‘Self-Assessable’ within the Low-Medium Density Residential Zone, however, is triggered as ‘Code Assessable’ as the development is triggered by the Neighbourhood Character Overlay. The site is currently vacant and proposes to construct a Dual Occupancy over the site. Proposed House 1 will be located at the rear of the lot and proposed House 2 will be situated fronting Martyn Street. It is proposed that the Dual Occupancy will obtain vehicular access from Martyn Street via one shared driveway and crossover. The proposed development is considered appropriate for the site and compliance with the relevant CairnsPlan 2016 v1.3 codes has been demonstrated. Approval is recommended, subject to conditions. TOWN PLANNING CONSIDERATIONS Background On 13 June 2019, Council issued an approval for the Demolition of the Character Dwelling on the subject site (Council reference: 8/7/4535). Council Officers inspected the Character Dwelling on 4 May 2019 and it was deemed that the Dwelling House was unsafe for occupation. The purpose for lodging the applications separately was due to the urgency of the Demolition application. This approval did not permit the removal of significant vegetation on the site. Proposal The proposal seeks to construct a Dual Occupancy over the vacant site which is mapped within the Neighbourhood Character Overlay. The proposed development seeks to construct two dwellings both consisting of three bedrooms, an open plan living, dining and kitchen area, and a rear patio. Each dwelling will be two storeys in height and will have a double garage. The development will share a crossover and driveway to Martyn Street. Figure 1 - Site Plan shows the configuration of the Dual Occupancy on the lot.

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Figure 1 - Site Plan

The proposed development seeks a ‘modern Queenslander’ design for the proposed Dual Occupancy, and hence, has provided an assessment against the Planning Scheme Policy – Neighbourhood Character in seeking a Performance Based Outcome. Figure 2 – Perspective View of Design shows the proposed preliminary design for the dwellings. Officers consider the design to be generally consistent with the Planning Scheme Policy – Neighbourhood Character, with a minor amendment to the design. A condition to include a pitched roof for the garage of House 2 (dwelling fronting Martyn Street) has been recommended to address character aspects of the streetscape. Figure 2 – Perspective View of Design

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ASSESSMENT BENCHMARKS The proposed development was assessed against the following assessment benchmarks of CairnsPlan 2016.

Assessment Benchmarks

Zone Low-medium density residential

Local Plans

None applicable

Overlays Acid sulfate soils Airport environs Flood and inundation hazards Neighbourhood character Transport network

Development codes Dual occupancy Excavation and filling Infrastructure works Parking and access Vegetation management

NON-COMPLIANCE WITH BENCHMARKS The development was assessed against all of the assessment benchmarks listed above and complies with all of these with the exception listed below

Assessment Benchmark

Reasons for the approval despite non-compliance with benchmark

Dual Occupancy Code - Design AO2.1 Buildings and structures are set back from property boundaries as follows: (a) 6 metres from the primary road frontage; (b) 3 metres from the secondary road frontage;

(c) 1.5 metres from side and rear boundaries.

The proposed Dual Occupancy proposes the following setbacks:

3 metres from the front (south-western) property boundary in lieu of 6 metres;

1.1 metres from the side (south-eastern and north-western) property boundaries in lieu of 1.5 metres; and

1 metre from the rear (north-eastern) boundary in lieu of 1.5 metres.

The proposed front boundary setback for House 2 is considered to be consistent with the existing setbacks on Martyn Street (see 142 Martyn Street). Additionally, there is a wide road verge that will create an appearance of the dwelling to be of a greater setback from the front boundary.

The Dual Occupancy will encroach into the side boundaries for both House 1 & 2. It is considered that the proposed side boundary setbacks will not impact on the privacy for adjoining dwellings. It is also determined that the daylight access to adjoining dwellings will not be impacted as the rear dwelling garage (House 1) will not directly adjoin any structures and the dwelling located at the front of the lot (House 2) will adjoin a garage which is non-habitable structure.

Therefore, it is considered that the proposed setbacks are compliant

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Reasons for the approval despite non-compliance with benchmark with Performance Outcome PO2 in that the Dual Occupancy will not impact on the amenity of adjoining dwellings or the streetscape.

Dual Occupancy Code - Parking and Access AO7.1 Dwelling units are serviced by: (a) a shared unobstructed driveway and crossover with a maximum width of 3.6 metres; or (b) one unobstructed driveway and crossover, having a maximum width of 3 metres, is provided to each street frontages, where the site has two street frontages. AO7.3 Where development is on a State controlled road, Sub-arterial road or Collector road the driveway design is such that vehicles can enter and exit the site in a forward gear.

The width of the driveway is proposed to be 5.5 metres. The Dual Occupancy will obtain access from Martyn Street via the one crossover and driveway. The proposed width is considered to provide residents and guests with safe and convenient vehicle parking and access as both dwellings will contain a double garage for residents, while guests can utilise on-street parking as the road verge is deep and therefore provide a generous amount of space to accommodate safe vehicle parking. Additionally, the site is located on a sub-arterial road which requires vehicles to exist the site in a forward gear. The Dual Occupancy identifies that vehicles cannot exit House 2 in a forward gear. The road verge is deep and is considered to be sufficient space for vehicles to exit the property and manoeuvre safely before requiring to enter onto the road. Therefore, it is considered that the proposed Dual Occupancy will provide safe vehicle and access arrangements which demonstrate compliance with Performance Outcome PO7.

Neighbourhood Character Overlay Code - Design and Setting AO1.1 Garages, carports, patios, verandahs, balconies, sheds and other ancillary buildings are located in area A on Figure 8.2.12.3.a; or AO1.2 Garages and carports are located wholly under or within an existing building and any associated building works comply with AO3.1; or AO1.3 A carport may be located in area B on Figure 8.2.12.3.a where: (a) it is a single vehicle carport no greater than 3m in width and height;

House 2 of the Dual Occupancy proposes the garage in Area B of Figure 8.2.12.3.a. The proposal proposes a garage that does not align with the streetscape and neighbourhood character of the area. Therefore, an amendment to design has been conditioned for the roof to include a pitch to ensure the design of the garage is subservient to the neighbourhood character place and is consistent with the existing development on Martyn Street.

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Reasons for the approval despite non-compliance with benchmark

(b) it does not have a door to the street frontage. Note – Height is inclusive of the roof height.

Neighbourhood Character Overlay Code – Design and Setting AO2.2 Vehicle access crossovers are not more than 3 metres wide.

The development proposes a crossover of 5.5 metres wide. The allowable crossover width within the Neighbourhood Character Overlay is 3 metres. With the proposed landscaping and the depth of the road verge, the proposed width of the driveway is not considered to detract from the overall appearance of the neighbourhood character streetscape.

Neighbourhood Character Overlay Code - Infill Development AO6.1 Development is consistent with the desired outcomes of the Neighbourhood character area as identified in Planning scheme policy - Neighbourhood Character and is demonstrated through a site assessment and design response.

The proposed Dual Occupancy has been assessed against the Planning Scheme Policy – Neighbourhood Character, and is considered to be consistent with the desired outcomes of the neighbourhood character area, with the exception of the proposed garage for House 2. Architectural Style: Predominately pre-war and inter-war with some recent infill and multi-unit development. The Dual Occupancy seeks to construct modern Queenslander style dwellings on the lot, which does not present a traditional architectural style. The proposed development contains features such as a pitched roof for the main dwellings and timber horizontal cladding on the façade of the dwellings, which are consider consistent features with traditional pre-war era styles. The roof of the garage for House 2 has been conditioned to include a pitched roof to reflect this outcome for the area. Building Materials: Timber, brick, render, cement sheet, corrugated steel roofs. Generally light and pastel colours. The proposal consists of horizontal timber cladding and be painted with light pastel colours. The materials proposed will consist of a variety of materials that have been used within the area. Rendered blockwork for the lower storey is proposed. It is considered that the materials will be consistent will the neighbourhood area. Building Form: A mix of hipped, asymmetrical and multi-gabled bungalows. The main dwellings of the Dual Occupancy will consist of multi-gables. The proposed building form, along with the conditioning for the pitched roof is considered to reflect the desired outcome for the neighbourhood character area. Roof Style: Pitched, including a mix of both hipped and gabled styles. The proposed roof for the main dwellings will provide a pitched roof. The proposed garages for the dwellings do not comply with the desired outcomes as they propose a flat design. The garage of House 2 has been conditioned to provide a pitched roof to reflect the desired outcomes and neighbourhood character for the area. This is considered reasonable due to the existing structures along Martyn Street consisting of pitched roofs (see 142, 144, 146, 148 & 154 Martyn Street).

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Reasons for the approval despite non-compliance with benchmark Front Setback: Generally, 3-5 metres. House 2 proposes a setback of 4.5 metres and 3.5 metres for the upper storey, which is compliant with the desired outcomes for the area. Side Setbacks: Generally small, but ranging between 1-5 metres. The proposed side boundary setbacks for both dwellings are 1.1 metres, which is consistent with the desired outcomes within the area. Building Height: Predominately high-set with some low-set buildings. Some high-set dwellings are enclosed underneath. The proposed Dual Occupancy will consist of each dwelling being 2 storeys in height. The proposed dwellings are considered to present a consistent outcome with existing development in the area. Car Parking/Vehicle Storage: Carports and garages are located either in front, beneath or to the side of dwellings. In some instances, car storage is absent. The proposed Dual Occupancy provides double garages located partially set forward from under the dwellings. The location is considered consistent with the desired character outcomes.

Vegetation Management Code - Vegetation Damage AO4.1 Vegetation damage results in the removal of vegetation other than a significant tree.

The site is mapped within the Neighbourhood Character Overlay and proposes to remove two (2) significant trees. An offset for the removal of these significant trees has been conditioned in the form of a Landscape Plan, consisting of the deep planting of trees and shrubs. As the existing significant trees located at the rear of the site, it is identified that the removal of the trees will not negatively impact on the streetscape or neighbourhood character of the area. Therefore, the approved landscaping plans are considered to improve the streetscape.

INFRASTRUCTURE CHARGES The proposed development triggers Infrastructure Charges. Refer to Appendix 3 to view calculations. Statement of Reasons The following information is provided in accordance with section 63 of the Planning Act 2016. REASONS FOR DECISION The reasons for this decision are: 1. The subject site is located within the Low-Medium Density Residential Zone

under CairnsPlan 2016 v1.3 and development for a Dual Occupancy is an expected form of development within the zone.

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2. The design is considered to be generally consistent with the Neighbourhood Character of the area with a minor amendment to design.

3. The Applicant has demonstrated that the development can comply with all applicable Assessment Benchmarks within the CairnsPlan 2016 v1.3. Where required, conditions have been included to ensure that compliance will be achieved.

G Bartlett Planning Officer Action Officer

Peter Boyd Manager Strategic Planning & Approvals

Kelly Reaston General Manager Planning & Environment

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APPENDIX 1: Approved plan(s) & document(s)

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APPENDIX 2: Notice of Intention to Commence Use Notice of Intention to Commence Use DEVELOPMENT PERMIT Planning Act 2016

Development Permit 8/7/4540 Date of Approval 28 August 2019 Approved Use Dual occupancy Location 136 Martyn Street PARRAMATTA PARK

Property Description Lot 5 on C19892 I/we are hereby notifying Cairns Regional Council of my/our intention to commence the approved use outlined above on ___________________________________________ (insert date).

I have read the conditions of the Decision Notice issued and believe that all the applicable conditions have been complied with. Applicant: Address: Contact Phone: Signature of Applicant/Owner: Date:

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APPENDIX 3: FNQROC Standard Drawings

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APPENDIX 4: Infrastructure Charges Calculations

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APPENDIX 5: Supporting Documentation

occupancy) landowner: peter bridgewater …

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