ordinary meeting 25 february 2009 - cairns.qld.gov.au · density, poor internal layout and...

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Agenda – Ordinary Meeting 25/2/09 - #1971411

ORDINARY MEETING

25 FEBRUARY 2009

15 MATERIAL CHANGE OF USE (CODE ASSESSMENT) - RETIREMENT VILLAGE – CANOPY’S EDGE BOULEVARD - SMITHFIELD – DIVISION 9 Nick Bowden : 8/7/1491 : #1908449 PROPOSAL: RETIREMENT VILLAGE APPLICANT: NEWMANOR PTY LTD PO BOX 847 SMITHFIELD QLD 4878 LOCATION OF SITE: CANOPY’S EDGE BOULEVARD SMITHFIELD QLD 4878

PROPERTY: LOT 4 ON SP216454 PLANNING DISTRICT: BARRON SMITHFIELD PLANNING AREA: COMMERCIAL PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS QUEENSLAND TRANSPORT NUMBER OF SUBMITTERS: NIL STATUTORY ASSESSMENT DEADLINE: 10/03/2009 APPLICATION DATE: 04/12/2008 DIVISION: 9 APPENDIX: 1. PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS

AND REQUIREMENTS 3. SUPPORTING INFORMATION TO PLANNING REPORT

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LOCALITY PLAN

RECOMMENDATION: That Council refuse the development application for Retirement Village over land described as Lot 4 on SP216454, located at Canopy’s Edge Boulevard Smithfield, on the following grounds: 1. The proposed development is contrary to the Desired Development

Outcomes for the Residential 2 Planning Area insofar as: a. The Site Population Density is excessive and is incompatible with the

Planning Area, b. The height of the buildings is excessive particularly in relation to the

presentation to the Captain Cook Highway and in juxtaposition with lower density residential areas along Canopy’s Edge Boulevard,

c. The scale and density of development conflicts with the envisioned

standard of residential amenity for the area and by reason of its height and scale fails to complement the character and streetscape of the area,

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d. Buildings do not achieve sufficient separation from boundaries adjoining residential Lots and would be detrimental to the amenity of the area.

2. The development provides insufficient parking provision to cater to the

requirements of the occupants. 3. The development is of an excessive scale and density for a Retirement

Village as evidenced by the excessive height, insufficient parking provision and inadequate shared outdoor space which is not dominated by car parks or vehicle circulation areas or adequately located such that it is not subject to noise and intrusion.

EXECUTIVE SUMMARY: Council is in receipt of a Development Application for Material Change of Use Retirement Village comprising 202 units. The application is recommended for refusal as the proposal is considered to be of an excessive scale in terms of its height, the number of units proposed and consequent inadequate provision of satisfactory outdoor space and a significant under-provision of car parking. TOWN PLANNING CONSIDERATIONS: Background The existing site comprises a vacant parcel of land to the west of Captain Cook Highway off Canopy’s Edge Boulevard more particularly described as Lot 4 on SP216454 (cancelling Lot 4 on RP748657 and Lot 5 on SP196223). The site is cleared of vegetation and is adjacent to an area of land upon which approval for Units has been granted and opposite the remainder of the Canopy’s Edge residential estate. While the proposal crosses two lots and does not occupy the entirety of each, approval for reconfiguring the lots in accordance with the site boundaries proposed has been approved by Council. Application 8/13/1319 granted consent for the reconfiguration of a number of lots including the proposed Lot 4 on SP 216454 upon which this proposal is located. The Plan of Survey has not been endorsed at the present time but approval exists for the reconfiguration. The site forms part of the wider Canopy’s Edge Estate and Cable Ski Water Park which has an extensive history with the most recent being the combined application 8/30/82 comprising a preliminary approval overriding the planning scheme the effects of which insofar as it is relevant to this site:

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• Alter the Planning Area of the site from a mixture of Residential 2 and Commercial

to solely Residential 2. • Alter the line of the Avondale Creek shown as a Category 4 Waterway bisecting

the site on CairnsPlan 2005 to the north and east of the subject land. Proposal The application proposes the construction of a Retirement Village comprising 202 one and two bedroom units together with associated shop/bar, café, communal lounge and nursing facilities. Eight buildings are proposed, each being between two and four storeys in height arranged in a newly formed private cul-de-sac with access of Canopy’s Edge Boulevard. The buildings have dimensions of between 30-40 metres in length, around 22 metres in width and heights of 5.8 metres to 12.3 metres. The lower height buildings front onto Canopy’s Edge Boulevard and increase in height towards the boundary with Captain Cook Highway. Two pedestrian and vehicle gated access points would be taken from Canopy’s Edge Boulevard, one entry and one exit. A total of 101 car parking spaces are provided within the site together with two drop off bays and three mini-bus/ambulance bays. CairnsPlan Assessment

CairnsPlan Barron Smithfield Planning District

Code Applicability Compliance

Commercial Refer to discussion Planning Area Residential 2 Does not comply Land Use Retirement Village Does not comply

Hillslopes r Vegetation Conservation & Waterway Significance r Cultural Heritage r Potential or Actual Acid Sulphate Soil Material Complies Bushfire Management r Flood Management r Height and Impact of Buildings r Operational Aspects of the Cairns International Airport Complies

Overlays

Demolition r Excavation and Filling Code Complies Infrastructure Works Code Can comply with conditions Landscaping Code Can comply with conditions Parking & Access Code Does not comply Reconfiguring a Lot Code r

General

Development Near Major Transport Corridors & Facilities Can comply with conditions

Compliance Issues Planning Area While notated on CairnsPlan 2005 as falling within a mixture of Residential 2 and Commercial Planning Areas, the Preliminary Approval Overriding the Planning Scheme 8/30/82 has the effect of altering the Planning Area to Residential 2 only. As such the development is Code Assessable under the Residential 2 Planning Area Code.

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Under the Residential 2 Planning Area Code, the site population density should be “compatible with the Desired Development Outcomes of this Planning Area” with site population density not exceeding 100 persons per hectare cited as an acceptable measure. Further, the height of buildings is required to be in keeping with the residential character of the area and should not adversely affect the amenity of residential neighbourhoods. The Acceptable Measure is specified as buildings not being more than 7.5 metres in height. The proposed development represents a density of 238 persons per hectare and buildings which rise to a height of 12.3 metres. This is a significant variation on the Code. The site is located on the eastern edge of the Canopy’s Edge Estate and is bounded immediately to the east by the Captain Cook Highway. The development incorporates four story buildings to the north and west which decline to part two and part three storey buildings to the east. Sections of the Canopy’s Edge Estate remain undeveloped but with suburban detached houses predominating and envisaged for areas of the estate around and adjoining the site to the west. It is considered that the height and density proposed is excessive for this planning area. The site is not a nodal location or in the context of taller buildings where such heights could be considered as a variation to provide articulation. The density is more than double that which is envisioned under the Residential 2 Planning Area Code. Whilst the proximity to Smithfield Sub-Regional Shopping Centre and associated uses is acknowledged and that some variation on density and height restrictions given the type of use and location could be considered, it is considered that this proposal represents an excessive height and density for this location that would undermine the Purpose and Desired Development Outcomes for the Planning Area. Retirement Village Code The Retirement Village Code Acceptable Measures specify (inter alia) that such a use should not incorporate more than 50 units and should incorporate suitable outdoor spaces.

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Given the density and scale of the development, reasonable outdoor amenity space would be expected. The proposal is heavily dominated by buildings, vehicle parking and circulation areas. Shared outdoor communal amenity areas are characterised by being immediately located to parking areas and other circulation spaces. For example the pool is located immediately adjacent to an access road, the same applies to barbecue areas. Proposed vegetable patches for residents are small in number and also located adjacent to the access road and on the boundary with the Captain Cook Highway where they would be subject to noise intrusion. Moreover, given the inadequate parking provision there is the potential that these areas could be subject to informal parking provision rendering their limited inclusion in the scheme even more redundant. Conclusion In general, the lack of compliance with the Planning Area Code, Parking and Access Code and Retirement Village Code insofar as it relates to the excessive height and density, poor internal layout and inadequate parking provision is considered to reflect the disproportionate level of development proposed for the site which would be incompatible with existing and future proposed development for this location. Accordingly the application is recommended for refusal with significant non-compliance with relevant Codes. Public Notification / Submissions Not applicable, the application is Code Assessable. Nick Bowden Planning Officer Action Officer Simon Clarke Manager Development Assessment

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APPENDIX 1 PLAN(S) & DOCUMENT(S)

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APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 4 SUPPORTING INFORMATION TO PLANNING REPORT

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ordinary meeting 25 february 2009 - cairns.qld.gov.au · density, poor internal layout and...

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