planning and environment committee 10 march 2021

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Agenda Planning and Environment Committee 10 March 2021 - #6597044

PLANNING AND ENVIRONMENT COMMITTEE

10 MARCH 2021 2

COMBINED APPLICATION - DEVELOPMENT PERMIT FOR

RECONFIGURING A LOT (4 LOTS INTO 51 RESIDENTIAL LOTS, 1

RETIREMENT FACILITY LOT, 3 FUTURE USE LOTS, 1 PARK LOT AND 3

BALANCE LOTS) AND MATERIAL CHANGE OF USE FOR RETIREMENT

FACILITY – DRAPER ROAD, GORDONVALE – DIVISION 1

K Johnston | 8/30/327 | #6535983

PROPOSAL: DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (4 LOTS INTO 51 RESIDENTIAL LOTS, 1 RETIREMENT FACILITY LOT, 3 FUTURE LOTS, 1 PARK LOT AND 3 BALANCE LOTS) AND MATERIAL CHANGE OF USE FOR RETIREMENT FACILITY

LANDOWNER: R STRAGUSZI

APPLICANT: ESTATE OF R STRAGUSZI C/- GILVEAR PLANNING PTY LTD PO BOX 228 BABINDA QLD 4861

LOCATION OF SITE: DRAPER ROAD, GORDONVALE

PROPERTY: LOT 2 ON SP287503; LOT 3 ON RP704103 LOT 1 ON SP109475; LOT 3 ON RP708592

ZONE: EMERGING COMMUNITY

LOCAL PLAN: GORDONVALE LOCAL PLAN

PLANNING SCHEME: CAIRNSPLAN 2016 V2.1

REFERRAL AGENCIES: DEPARTMENT OF STATE DEVELOPMENT, INFRASTRUCTURE, LOCAL GOVERNMENT AND PLANNING

NUMBER OF SUBMITTERS: ONE (1) PROPERLY MADE SUBMISSION

STATUTORY ASSESSMENT DEADLINE: 2 MARCH 2021

APPLICATION DATE: 13 NOVEMBER 2020

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DIVISION: 1

ATTACHMENTS: 1. APPROVED PLAN(S) & DOCUMENT(S): RECONFIGURING A LOT

2. APPROVED PLAN(S) & DOCUMENT(S): MATERIAL CHANGE OF USE

3. NOTICE OF INTENTION TO COMMENCE USE

4. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 5. INFRASTRUCTURE CHARGES NOTICE:

RECONFIGURING A LOT 6. INFRASTRUCTURE CHARGES NOTICE:

MATERIAL CHANGE OF USE LOCALITY PLAN

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RECOMMENDATION RECONFIGURING A LOT A. That Council approves the development application for Development Permit

for Reconfiguring a Lot (4 Lots into 51 Residential Lots, 1 Retirement Facility Lot, 3 Future Lots, 1 Park Lot and 3 Balance Lots) over land at Draper Road Gordonvale, described as Lot 2 on SP287503, Lot 3 on RP704103, Lot 1 on SP109475 and Lot 3 on RP708592, 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

Proposed Boundary Realignment – Stage 1A

Job No Q174029 – Plan No Q174029-PP01 A

11 November 2020

Master Plan Stages 1B, 2 & 3

Drawing No Q174029-002-MP-19 – Rev D

11.11.2020

ASSESSMENT MANAGER CONDITIONS

Lapse of Approval

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 Section 85 of the Planning Act 2016.

Generally in Accordance 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; and 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 Part A of this Development Permit must be effected

prior to Council approval of the Plan of Survey for the relevant stage, except where specified otherwise in these conditions of approval.

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Staging 4. The development may be undertaken in stages, generally in accordance

with the stages indicated on the Approved Plans of Development, to the satisfaction of the Chief Executive Officer. Any changes to the approved stage layout must be submitted to and endorsed by the Chief Executive Officer.

Amendment to Design (Stage 2) 5. An Amended Plan of Reconfiguration for Stage 2 to the satisfaction of

Council must be provided accommodating the following changes: a. Amend the lot layout such that all proposed lots are set back three

(3) metres from the edge of the rail formation on the eastern property boundary; or

b. Amend the lot layout to accommodate building envelopes on lots

adjacent to the rail formation on the eastern boundary of the site, maximising the setback from the rail infrastructure, and including landscaping and fencing suitably installed before commencement of any residential use.

The Amended Plan must be endorsed by the Chief Executive Officer prior to

the issue of a Development Permit for Operational Works.

Operational Works 6. An Operational Works approval is required for all external roadworks,

private and public infrastructure works (sewer, water and stormwater) and landscaping (excluding street trees on Access Streets) associated with the development for each stage. Approval is required to be obtained prior to the commencement of any works on the site for each stage. All such works must be completed to the satisfaction of the Chief Executive Officer prior to prior to Council approval of the Plan of Survey for the relevant stage.

Water Supply and Sewerage Master Plan 7. An updated Water Supply and Sewerage Master Plan accompanied by

supporting calculations must be provided which demonstrates how the development can be serviced.

The Water Supply and Sewerage Master Plan must be endorsed by the

Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

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Water Supply and Sewerage Infrastructure Plan 8. Submit a Water Supply and Sewerage Infrastructure Plan and supporting

information (including Hydraulic Network Analysis) to demonstrate how the development will be serviced by Council’s Infrastructure. In particular:

a. The Infrastructure Plan is to set out the timing and staging of the

development that is consistent, and/or identify where it is inconsistent (e.g. any upsizing and/or bring forward of timing), with the LGIP;

b. The plan must detail any interim servicing arrangements for the

development and identify thresholds (lot yield and timing) associated with those interim and ultimate servicing arrangements, including any limitation on the development for any interim connection to Council’s infrastructure; and

c. Identify external catchments that will be connected to and/or

serviced by the internal sewer or water networks. The Water Supply and Sewerage Infrastructure Plan must be endorsed by the

Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Water Supply and Sewerage Works External 9. Undertake the following water supply and sewerage works external to

the site to connect the site to existing water supply and sewerage infrastructure:

a. Extend water and sewer infrastructure to connect the site to

Council’s existing water and sewer infrastructure at a point that has sufficient capacity to service the development.

A plan of the works must be endorsed by the Chief Executive Officer prior

to the issue of a Development Permit for Operational Works. All works must be carried out in accordance with the approved plans, to

the requirements and satisfaction of the Chief Executive Officer, prior to Council’s approval of the Plan of Survey.

Note: Infrastructure works required by this condition are considered to

be non-trunk infrastructure for the purposes of Section 145 of the Planning Act 2016.

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Water Supply and Sewerage Works Internal 10. Undertake the following water supply and sewerage works internal to the

subject land: a. Provide a single internal sewer connection to each lot in accordance

with the FNQROC Development Manual; b. Extend water mains such that each allotment can be provided with

a water service connection to the lot frontage; and c. Provide easements having a nominal width of 3m over sewers which

are on a non-standard alignment. All the above works must be designed and constructed in accordance

with the FNQROC Development Manual. A plan of the works must be endorsed by the Chief Executive Officer prior

to the issue of a Development Permit for Operational Works. All works must be carried out in accordance with the approved plans, to

the requirements and satisfaction of the Chief Executive Officer prior to Council’s approval of the Plan of Survey.

Inspection of Sewers 11. CCTV inspections of all constructed sewers must be undertaken. An

assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Council’s approval of the Plan of Survey.

Damage to Infrastructure

12. In the event that any part of Council’s existing 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 Regional Council immediately of the affected infrastructure and have it repaired or replaced by Cairns Regional Council, at the developer’s cost, prior to the Commencement of Use.

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Sewer Easement 13. Create an easement in favour of Council subject to Council’s relevant

standard terms document over sewers on non-standard alignments to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council. The approved easement document must be submitted at the same time as seeking Council’s approval of the Plan of Survey and must be lodged and registered with the Department of Natural Resources and Mines in conjunction with the Plan of Survey.

External Works for Transport Network (Trunk) 14. Undertake the following works: a. Design the future trunk north-south Sub-Arterial Road - 4 Lane

Median Divided providing access to the development from Draper Road in accordance with Council’s trunk road network planning and the FNQROC Development Manual.

Timing: Contemporaneous with release of lots in Stage 1B of the

Development. b. Design and construct a 7m sealed pavement width for the future

trunk north-south Sub-Arterial Road – 4 Lane Median Divided to provide suitable access and be compatible with the ultimate form of the road as an interim arrangement. Services are required to be installed suitable for the future road upgrade to a Sub-Arterial Road Standard. All works will need to be carried out at no cost to Council.

The external works outlined above require a Development Permit for

Operational Works. Such work must be constructed in accordance with the Operational Works approval and to the satisfaction of the Chief Executive Officer.

Timing: Contemporaneous with release of lots in Stage 1B of the

Development. c. Design Draper Road between Dempsey Street and Fisher Road for

a Sub-Arterial Standard - 4 Lane Median Divided in accordance with Council’s trunk road network planning and the FNQROC Development Manual, as part of the first application for Operational Works.

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Timing: Contemporaneous with release of lots in Stage 3 of the Development.

The designs should also identify the extent of any land requirements on

the subject lots to facilitate the ultimate road network, giving consideration to any localised widenings required for the provision of bus indents.

All the above works must be designed and constructed in accordance

with the FNQROC Development Manual and indicated in the application for Development Permit for Operational Works. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer, prior to Council approval of the Plan of Survey.

Dedication 15. The land identified to be dedicated as road reserve on the approved plan

of development must be dedicated prior to Council approval of the Plan of Survey.

Road Works and Street Design 16. All streets must be designed and constructed in accordance with

Complete Streets and the FNQROC Development Manual, to the satisfaction of the Chief Executive Officer. In particular:

a. Individual property access must be designed in accordance with the

requirements of AS2890.1, with appropriate distances from intersections.

b. Access for lots adjacent to intersections must be provided at a

location with maximum distance to the intersection. This must be demonstrated as part of the first application for Operational Works.

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c. Access to all lots must be via the internal residential street network. Direct vehicular access from the Sub Arterial Road is not permitted.

d. A minimum of 0.5 spaces per allotment must be available on-street

to accommodate parking in accordance with Section 2.4 of Complete Streets.

e. The on-street car parking for the Park must be designed in

accordance with AS2890.5 On-Street Parking, including parking bay dimensions, line marking and signage etc.

f. The diameter of both cul-de-sacs must be suitable for a Refuse

Collection Vehicle (RCV) to manoeuvre in a forward direction. g. Design details of the roundabout must be submitted as part of the

first application for Operational Works. h. A Street Tree Masterplan is required to be provided with the first

application for Operational Works. The Street Tree Masterplan must demonstrate the location and species for the proposed street trees in accordance with the FNQROC Development Manual and the FNQROC CRC Specific Requirements D9 Landscaping. Species diversity shall be achieved by a change of species within a cul-de-sac, or at an intersection, or at a regular nominated interval in considering the verge layout, infrastructure and services. No more than 20 street trees of the same species must be planted consecutively in an avenue without a species change.

i. Provide details and specifications for the proposed treatment to

boundaries to restrict vehicle access in public land in accordance with the FNQROC Development Manual CRC Specific Standard Drawing S4171A-CRC Treatment to Boundaries Type Combination of Treatments and S4170A-CRC Treatment to Boundaries Type A-B within the associated Development Permit for Operational Works.

j. Provide details and specifications to demonstrate proposed access

and areas for Council’s maintenance machinery to traverse on public land within the associated Development Permit for Operational Works.

k. Construct a 2.0m wide footpath along each road in accordance with

Standard Drawing S1035 of the FNQROC Development Manual and IPWEAQ’s Street Design Manual: Walkable Neighbourhoods.

l. Provision of a temporary vehicle turn around at the end of each

road, for the relevant stage.

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All the above works must be designed and constructed in accordance with the FNQROC Development Manual and Complete Street and indicated in the required application for a Development Permit for Operational Works.

All works must be carried out in accordance with the approved plans, to

the requirements and satisfaction of the Chief Executive Officer. Note: Infrastructure works required by this condition are considered to

be non-trunk infrastructure for the purposes of Section 145 of the Planning Act 2016

Ponding and/or Concentration of Stormwater 17. The proposed development must not create ponding nuisances and/or a

concentration of stormwater flows to adjoining properties. Lawful Point of Discharge 18. 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, in accordance with the Queensland Urban Drainage Manual, Fourth Edition (2016).

19. As per the requirements of FNQROC Section D4.13; all inter allotment

drainage is to be conveyed by above ground open channel catch drains. 20. All rear allotment drainage pits and associated pipework contained

within the lot boundaries of this development site shall be private infrastructure and shall not become an asset of Council.

Sediment and Erosion Control 21. A Sediment and Erosion Control Plan must be submitted prior the issue

of a Development Permit for Operational Works. Such plans 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). The SECP must:

a. be prepared by a suitably qualified and experienced professional as

determined by Council;

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b. relate to each phase of the works (including clearing, earthworks, civil construction, services installation and landscaping) and detail the type, location, sequence and timing of measures and actions to effectively minimise erosion, manage flows and capture sediment;

c. be consistent with current best practice standards to the extent that

the standards are not inconsistent with the conditions of approval and considering all environmental constraints including erosion hazard, season, climate, soils and proximity to waterways;

d. include details of proposed flocculants and automatic dosing

systems for sediment basins, including jar testing results. Demonstrate the suitability of the proposed flocculant having regard to the downstream receiving environment and water quality.

Local Drainage Study 22. Undertake a local drainage study of the site to determine the drainage

impacts on upstream and downstream properties and the mitigation measures required to minimise such impacts. In particular, the study must address the following, as a minimum;

a. All external and internal contributing catchment areas; b. The extent of the 1% AEP flood event in relation to the site both pre

and post development; c. Primary and secondary flow paths for the 50%, 10% and 1% AEP

flood events; d. Identify any requirement for drainage easements through the site; e. Identify the need and tenure for flood detention areas to ensure a no

worsening impact on surrounding properties, for the entire development;

f. Provide information on the proposed works and any impacts

proposed at any drainage outlet from the proposed development; g. Identify the type of crossings, if any, proposed for any identified

drainage lines that cross roads or other creeks/tributaries contained within the site; and

h. Lawful points of discharge.

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The drainage study is to be certified by an appropriately qualified and experienced engineer (RPEQ certified) and must comply, in all regards, with the requirements of the Queensland Urban Drainage Manual (QUDM) and the Council’s development manual (FNQROC). The study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works, with all necessary works being undertaken prior to the issue of a Compliance Certificate for the Plan of Survey.

Street Lighting 23. Prior to the issue of Development Approval for Operational Works a Rate

2 lighting scheme is to be prepared by an Ergon Energy approved consultant and submitted to the Chief Executive Officer for approval. The Rate 2 lighting scheme is to be designed in accordance with the relevant current Road Lighting Standard AS/NZS 1158 and the FNQROC Development Manual. The applicable lighting category is to be determined from the Road Hierarchy Table D1.1 and the corresponding applicable Lighting Categories Table D8.1 in the FNQROC Development Manual. The lighting scheme must demonstrate that light pole locations align with common property boundaries, represent the permitted design spacing, and that there are no conflicts with vegetation to be retained, stormwater, driveways, kerb inlet pits and other services.

The design must provide the applicable illumination level specified in the

current Road Lighting Standard AS/NZS 1158 at the following road elements:

a. Intersections b. Pedestrian Refuges c. Cul-de-sacs d. Local Area Traffic Management (LATM) Devices (Including

Roundabouts) LATM Devices are to be shown on the civil layout design. The electrical

services and street lighting design must be submitted in accordance with Ergon Energy’s latest Distribution Design Drafting Standard.

24. Prior to Council approval of the Plan of Survey, written confirmation that

the relevant capital contribution required by Ergon Energy has been paid must be submitted to ensure that the street lighting will be constructed.

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25. Prior to Council approval of the Plan of Survey for the relevant stage, where a new intersection is formed on an existing roadway for the purpose of accessing a new subdivision development, the intersection and existing road approaches must be provided with street lighting for a distance equivalent to at least two (2) spans either side of the intersection to the relevant Lighting Category stated in the Road Hierarchy Table D1.1 and the corresponding applicable Lighting Categories Table D8.1 in the FNQROC Development Manual. All new lighting columns are to be of steel construction with LED luminaires installed at a zero-degree upcast and underground service, and any existing Ergon Energy timber street light poles are to be recovered.

Electricity and Telecommunications

26. An underground electricity reticulation network must be provided to the

subdivision in accordance with requirements of the FNQROC Development Manual.

27. The applicant/owner must provide written evidence from the electricity

and telecommunication authorities stating that underground services have or will be provided to each lot prior to Council approval of the Plan of Survey. 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”.

28. Where Ergon Energy requires the installation of a substation to augment

their network, a padmount type is to be incorporated within the development and positioned so that it does not detract from the appearance of the streetscape and must be clear of footpath areas. An overhead service line and / or pole mount transformer is not permitted. A dedicated vehicle access must be provided for access and maintenance by Ergon. Details of the electrical substation positioning must be endorsed by the Chief Executive Officer prior to its installation.

Community Purpose Infrastructure

29. The land identified as Park and identified as Lot 900 on plan titled: MR

ROSS STRAGUSZI MASTER PLAN STAGES 1B, 2 & 3, DRAPER ROAD GORDONVALE, Drawing Number: Q174029-002-MP-19, Revision D, dated 11.11.2020, must be transferred to Council as freehold land for town planning purposes (park). The land must be transferred to Council at the same time as registering the Plan of Survey for the stage the lot is contained within.

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The park is to be designed and embellished in accordance with a Park Development Plan, Landscaping Plan and the requirements of this condition. The applicant/owner is to enter into discussions and obtain agreement from Council regarding the design and embellishments prior to submission to Council of a Park Development Plan for determination.

The following items as a minimum are required to be shown on the Park

Development and Landscaping Plans for the park lot as follows: a. Replas post and steel rail barriers preventing vehicular access to

the park with the inclusion of natural barriers such as street trees in accordance with the FNQROC Development Manual CRC Specific Standard Drawing S4171A-CRC Treatment to Boundaries Type Combination of Treatments where practical;

b. Minimum of one play space/playground (including replas edging

and sand soft fall) to be designed with and agreed to by Council. The play space must provide a suitable range of play items for ages 2 to 10 and include some all abilities play items. The play space is to be set back as far as possible from the adjacent roads to improve safety for children;

c. Two seats located adjacent to the path and/or within the play space

in a shaded position; d. One all abilities drinking fountain and tap combination located

adjacent to the path in accordance with the FNQROC Development Manual CRC Specific Standard Drawing S9050-CRC PWD Drinking Fountain;

e. The play space/playground, seating and bubbler should be located

within close proximity of one and other; f. Shade structures are required over the play space (existing trees

can be used to perform this role if they are present); g. Landscaping indicating location of turfed areas, shade trees in

grouped mulched island plantings, specimen trees and buffer planting and including a species list and location. The provision of trees to provide future shade and aesthetics to the park will be required to be a prominent feature of the landscaping plan. In ground irrigation of the landscaped areas is not permitted;

h. Removal of all pest plants in accordance with FNQROC

Development Manual CRC Specific Requirements D9 Natural Area Restoration and Revegetation;;

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i. 1,000 sqm of the park is to be sited above the 2% AEP flood level. If necessary, this may require appropriate filling. The area to be embellished for the playground equipment and improvements is to be located within this area;

j. Boundary fencing located on any boundary with a private property

to a maximum height of 1.8m; k. Park signage in accordance with the FNQROC Development Manual

including park name sign with regulations and a sign in the playground advising that dogs are not permitted in the playground;

l. A 2m wide concrete pathway linking from the nearest street footpath

to the proposed the playground, seating and drinking fountain. All park improvements must be completed to the satisfaction of the Chief

Executive Officer in accordance with the approved Park Development and Landscaping Plans and the FNQROC Development Manual, Design Guideline D9 – 01/09, Landscaping.

The local park must be dedicated to Council and park improvements

completed prior to Council approving the plan of survey unless otherwise approved by the Chief Executive Officer.

Utilities such as electricity substations, sewer and pump stations and the

like are not permitted to be located within the parks. It is recommended that a separate utility lot be sited in a suitable location to enable provision of these services if necessary.

Note: Infrastructure works required by this condition are considered to

be non-trunk infrastructure for the purposes of Section 145 of the Planning Act 2016.

Street Trees 30. Undertake landscaping of the site and street frontages of new roads

generally in accordance an endorsed Street Tree Masterplan pursuant to all relevant conditions of Part A of this Development Permit and in accordance with the FNQROC Development Manual and FNQROC CRC Specific Requirements D9 Landscaping a minimum of 13 weeks prior to the Final Works Acceptance of the associated Operational Works stage. Street tree planting must include:

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a. A minimum of one (1) street tree per lot and a minimum 20 (twenty) meter spacing. If at the time of planting, the endorsed locations of the street trees do not comply with the FNQROC Development Manual Design Guidelines, particularly setbacks from services and infrastructure such as streetlights, stormwater drainage pits and driveways, these proposed locations are to be adjusted to achieve compliance.

b. Root barrier is to be installed on both sides of all trees where foot

paths or services are adjacent, in accordance with Standard Drawing S4210 of the FNQROC Development Manual.

c. The specified trees must be well established at the time of planting.

All trees must be formatively pruned at the Final Works Acceptance Inspection in accordance with the FNQROC Landscape Design Manual Design Guideline D9, Part D9.02, Item (e) and CairnsPlan 2016 Planning Scheme Policy SC6.4.

d. All landscaping other than street trees on Council managed land

such as, garden beds and revegetation requires a Landscaping Plan to be submitted to Council for Endorsement by a suitably qualified person. Fencing and entrance statements must be entirely located on private property and maintained by the property owner.

e. Any changes to the endorsed street tree species or their location as

noted on the Street Tree Masterplan must be approved in writing by the Chief Executive Officer.

NOTE: Contact the Development Services team to arrange for a

Practical Completion Inspection to commence the minimum 13-week establishment period via [email protected].

MATERIAL CHANGE OF USE B. That Council approves the development application for Development Permit

for a Material Change of Use for a Retirement Facility over land described as Draper Road Gordonvale, located at located at Lot 2 on SP287503, Lot 3 on RP704103, Lot 1 on SP109475 and Lot 3 on RP708592, 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:

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ASSESSMENT MANAGER CONDITIONS Lapse of Approval

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 Section 85 of the Planning Act 2016.

Generally in Accordance 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; 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

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Timing of Effect

3. The conditions of Part B of this Development Permit must be effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.

4. Commencement of Use of Stage 1 of Part B of this Development Permit

must not commence until Council approval of the Plan of Survey for Stage 1B of Part A of this Development Permit.

Notice of Intention to Commence Use 5. Prior to the commencement of 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 Attachment 3).

Limitation of Use 6. The approved use is for a Retirement Facility as shown on the approved

plans. Accordingly, the use of the facilities is limited to use by occupants of the Retirement Facility and their visitors, and accommodation for staff.

Operational Works 7. An Operational Works approval is required for the private and public

infrastructure works (sewer and water) and proposed landscaping works on Council land associated with the development. Approval is required to be obtained prior to the commencement of any works on the site. All such works must be completed to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Staging

8. The development may be undertaken in stages, generally in accordance

with the stages indicated on the Approved Plans of Development, to the satisfaction of the Chief Executive Officer. Any changes to the approved stage layout must be submitted to and endorsed by the Chief Executive Officer.

Water Supply and Sewerage Works External 9. Undertake the following water supply and sewerage works external to

the site to connect the site to existing water supply and sewerage infrastructure:

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a. Augment existing water supply infrastructure to the extent necessary such that the development does not adversely affect the water supply to adjacent properties and such that a water service connection can be provided at the lot frontage;

b. Augment existing sewers and pump station downstream of the site,

to the extent required to accommodate the increased flows generated by the development.

The external works outlined above require approval from Council in

Accordance with an application for Operational Works. A plan of the works 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.

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;

b. Internal private property sewers and water mains must be designed

and accepted to Council’s FNQROC standards. c. Council does not guarantee a minimum service standard for fire

fighting from Council’s water network. It is the responsibility of the property owner to design the private fire system to ensure compliance with the relevant building codes and standards and install all necessary on-site pressure boosting and storage that maybe required.

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.

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Sewer Easement 11. Create an easement in favour of Council subject to Council’s relevant

standard terms document over any Council owned sewers within the development site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council. The approved easement documents must be lodged and registered with the Department of Natural Resources and Mines in conjunction with the Plan of Survey prior to the Commencement of Use.

Damage to Infrastructure 12. In the event that any part of Council’s existing 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 Regional Council immediately of the affected infrastructure and have it repaired or replaced by Cairns Regional Council, at the developer’s cost, prior to the Commencement of Use.

Refuse Storage 13. The development must be designed to be serviced by bulk bins. A bulk

bin enclosure must be provided in accordance with Council’s requirements. Details of the bulk bin enclosures must be shown on the plan of works and must be approved by the Chief Executive Officer prior to issue of a Development Permit for Building Works. The bin enclosure must be constructed prior to Commencement of Use.

Liquid Waste Disposal 14. Trade waste discharge to sewer must meet the requirements of Council’s

Trade Waste Plan. Detailed Hydraulic Plans must be provided accompanied by a report which demonstrates that the facility complies with Council’s Trade Waste Plan and must be approved by Council prior to the issue of a Development Permit for Building Work. All measures for pre-treatment in accordance with the approved plans must be installed prior to Commencement of Use.

Lawful Point of Discharge 15. 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, in accordance with the Queensland Urban Drainage Manual, Fourth Edition (2016).

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Sediment and Erosion Control 16. 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).

Parking 17. The amount of vehicle parking for the development must be a minimum

of seventy (70) spaces onsite at all times. The car parking layout ,including, but not limited to, parking bay dimension, aisle widths, speed control and provisions of vehicle turn around areas must be designed and constructed to comply with the requirements of the Australian Standard AS2890.1-2004 Parking Facilities – off street car parking. All car parking, driveway and vehicle manoeuvring areas must be imperviously sealed, drained and line marked and maintained at all times. The car parking and manoeuvring areas on the site must specifically provide for the following:

a. The driveways servicing the car parking areas must include a

physical means of speed control at each exit point; b. Line marking and signage of all car parking areas; c. The provision of space for vehicle (including service vehicle) turn

around must be provided that all vehicles can enter and exit in a forward direction; and

d. The accessible off-street car parking spaces must be designed in

accordance with Australian Standard AS2890.6- Off-Street Car Parking for People with Disabilities, including parking bay dimensions and shared area; and

The car parking design is to be certified by a Registered Professional

Engineer Queensland (RPEQ) that the car park manoeuvring provisions are considered safe and acceptable and comply with Australian Standards. Evidence must be submitted to Council prior to the issue of a Development Permit for Operational Work that the development has responded to and incorporated the above requirements.

Prioritised Pedestrian Pathway 18. Provide a prioritised pedestrian pathway internal to the subject site that

provides a safe pedestrian link throughout the car parking area to the building entrance and which connects to the external network at the frontage of the subject site. The pathway must be differentiated in; colour, texture, and /or line marking, from the internal parking area surface finish. The internal pathway areas must be illuminated.

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Internal Landscaping Plan 19. The site must be landscaped in accordance with details and

specifications on an Endorsed Landscaping Plan prepared by a suitably qualified and experienced Landscape Designer or Landscape Architect. The Landscaping Plan must show:

a. Landscaping generally within the areas depicted on the Coloured

Site drawing SK02, Rev DA1; b. Deep planting utilising trees and shrubs within the setback areas

fronting the new road; a c. Shade trees and shrubs incorporated within the internal use areas

set back from buildings access paths services and infrastructure to ensure no damage to these at planting maturity;

d. A minimum one (1) meter wide buffer planting adjacent to the side

and rear property boundaries that will not pose issues with overhanging branches or leaf / fruit drop;

e. Planting to buffer / screen service equipment /infrastructure,

including but not limited to: padmount transformer, back-up generator, gas tank and water infrastructure (i.e water tanks and pump);

f. Planting Schedule with the nominated Species, Code, Quantity, and

Container Supply Size. Trees must be supplied in a minimum 300mm / 25L container and staked;

g. Permanent irrigation; h. Edging; i. Details of all fencing, internal lighting, and footpaths required by

other conditions of this approval; and j. Inclusion of all requirements as detailed in other relevant conditions

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

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Council’s review and Endorsement of the Landscape Plan must be carried out following receipt of the required Operational Works Approvals for the development. Endorsed Landscaping works must be undertaken in accordance with the Endorsed Landscape Plan and inspected by Council prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs first. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Acoustic Assessment 20. Prepare an Acoustic Assessment undertaken by a suitably qualified

professional that gives specific regard to impacts on development from Draper Road, including attenuation measures and recommendations.

The recommendations of the Acoustic Assessment must be undertaken

prior to Commencement of Use of Stage 3 of Part B of this Development Permit or as otherwise specified in the Acoustic Assessment, and must be maintained at all times and for the life of the development to the satisfaction of the Chief Executive Officer.

Lighting / Crime Prevention Through Environmental Design 21. The applicant/owner must ensure that all lighting and landscaping

requirements comply with Planning Scheme Policy - Crime Prevention Through Environmental Design (CPTED). Fencing must be constructed of durable materials, easy to maintain surfaces and darker coloured paint or graffiti resistant paint.

Details of Development Signage 22. The development must provide clear and legible signage incorporating

the street number for the benefit of the public. Electrical and Telecommunications Supply 23. If the electrical load of the development requires a supply upgrade by

Ergon Energy, provision must be made for a padmount transformer on site. A pole mount transformer would not be acceptable to Council. If a supply upgrade is not necessary an underground connection service is required, the connection point being a service pillar installed by Ergon Energy at the property boundary. Any road crossings must be tunnel bored.

24. Where Ergon Energy requires the installation of a substation to augment

their network, a padmount type is to be incorporated within the development and positioned so that it does not detract from the appearance of the streetscape and must be clear of footpath areas. Details of the electrical substation positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Approval for Building Work.

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

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Depart of State Development, Infrastructure, Local Government and Planning

2011-19775 SRA 16 December 2020

#6559729

Refer to Attachment 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). INFRASTRUCTURE CHARGES C. That an Infrastructure Charges Notice be given for the Reconfiguring a Lot

and Material Change of Use approved development. RATES NOTATIONS D. That the following notations are to be placed on Council's future rates

records: Access to Lots (Lots 800, 900, 3002, 134, 135, 136, 137, 138 and 139) Access to the subject land is only permitted via the internal roads and not

Draper Road. Dual access to the lots is not permitted unless with the further written consent of the Chief Executive Officer and will be subject to an Operational Work Permit.

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.

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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. General 5. 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 water meter should be installed.

6. 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 a Retirement Facility is defined as:

A residential use of premises for an integrated community and specifically built and designed for older people. The use includes independent living units and may include serviced units where residents require some support with health care and daily living needs. The use may also include a manager’s residence and office, food and drink outlet, amenity buildings, communal facilities and accommodation for staff.

*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.

http://www.cairns.qld.gov.au/

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EXECUTIVE SUMMARY Council is in receipt of a Combined Development Application for a Development Permit for a Material Change of Use for a Retirement Facility and Reconfiguring a Lot (4 Lots into 51 Residential Lots, 1 Retirement Facility Lot, 3 Future Use Lots, 1 Park Lot and 3 Balance Lots) at Draper Road, Gordonvale, formally described as Lot 2 on SP287503, Lot 3 on RP704103, Lot 1 on SP109475 and Lot 3 on RP708592. The site is designated within the Emerging Community zone, under the CairnsPlan 2016 v2.1. The subject site is also contained within Precinct 4 (Draper Road) of the Gordonvale Local Plan area. While the Reconfiguration of a Lot is identified as code assessable development in the Emerging Community zone (as per Table 5.6.d of the CairnsPlan 2016 v2.1), the Material Change of Use for a Retirement Facility is identified as impact assessable development. As such, the development has been assessed against the Strategic Framework, Emerging community zone code, Gordonvale local plan code and Reconfiguring a lot code, as well as other applicable overlay and development codes of the CairnsPlan 2016 v2.1. The Reconfiguring a Lot component is sought to be undertaken over four (4) stages (Stage 1A, Stage 1B, Stage 2 and Stage 3), with the following being the ultimate form –

Proposal – Reconfiguring a Lot

Description

Fifty-one (51) residential lots

One (1) retirement lot

Three (3) future use lots

One (1) park lot

Three (3) balance lots

New road (internal and external)

The Material Change of Use component seeks to deliver the following over three (3) stages (Stage 1, Stage 2 and Stage 3) –

Proposal – Material Change of Use – Retirement Facility

Description

One hundred and sixty-two (162) units

• Ninety-six (96) three-bedroom units;

• Forty-four (44) two-bedroom units; and

• Twenty-two (22) one-bedroom units.

Reception, Office and Staff Facilities

Auxiliary Recreation and Support Activities (Cinema, Nurse Station, Physical Therapy Unit, Memory Support Unit, Café, Hairdresser, Chapel, Lounge, and Dining Area)

Seventy (70) car parking spaces

37% (of site) landscaping

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The site is identified outside (however, adjacent) the extents of the mapped Priority Infrastructure Area (PIA) of the Local Government Infrastructure Plan (LGIP). Components of the proposal include the delivery, upgrade and augmentation of infrastructure and services, and includes the proposed bringing forward of trunk infrastructure. The delivery of infrastructure has been (or will be, by way of conditioning) informed by reporting. Conditions have been imposed for the provision of updated infrastructure planning at Operational Works, to be endorsed by the Chief Executive Officer.

Figure 1: Extract of Priority Infrastructure Area mapping with Subject Site highlighted

The site is traversed by a mapped future busway corridor, being a north-south connection through Lot 3 on RP704103 and Lot 3 on RP708592, continuing to Draper Road. In accordance with the Planning Regulation 2017 (Qld), the application was referred to the Department of State Development, Infrastructure, Local Government and Planning who provided conditions of approval relating to stormwater discharge and roadworks to the Draper Road/Dempsey Road intersection and Draper Road. The Development Application was publicly notified for seventeen (17) business days, from 25 November 2020 to 18 December 2020, in accordance with Section 53(4)(b)(iii) of the Planning Act 2016 (Planning Act). During the public notification period one (1) properly made submission was received against the development. The Notice of Compliance was received on 21 December 2020 in accordance with Section 18 of the Development Assessment Rules. The application has been assessed in accordance with the legislative framework for Impact Assessment, including the Planning Act, Planning Regulation 2017, Development Assessment Rules and the CairnsPlan 2016 v2.1. On balance, Officers consider that the development has demonstrated compliance with the relevant benchmarks and recommend the application be approved subject to reasonable and relevant conditions.

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TOWN PLANNING CONSIDERATIONS Background On 18 January 2008, a Development Application (Council Reference – 8/30/98 - #1643014) for a Preliminary Approval to override the Planning Scheme, a Preliminary Approval for Reconfiguring a Lot (4 Lots into 349 Lots) and Development Permit for Reconfiguring a Lot (4 Lots into 82 Residential Lots) over Lots 1 and 2 on SP109475, Lot 3 on RP704103 and Lot 3 on RP708592 was lodged with Council. A Notice advising that the Development Application had lapsed was issued on 2 March 2010. On 11 October 2018, a Decision Notice (Council Reference – 8/13/2516 - #5896577) was issued for Reconfiguring a Lot (Preliminary Approval) for 3 Lots into 35 Lots, plus Park and Balance Lots. The Decision Notice was determined by Council at the Ordinary Meeting held on 10 October 2018. Whilst the site is benefitted by a Preliminary Approval, the current Development Application is not made pursuant to the Preliminary Approval. On 2 July 2018, a Development Application (Council Reference – 8/30/266 - #5795699) for a Material Change of Use for a Place of Worship and Reconfiguring a Lot for 1 Lot into 2 Lots over Lot 2 on SP287503 was confirmed as properly made. The Development Application was subsequently withdrawn on 17 August 2018. Site Description The site is comprised of four (4) individual allotments located on the northern side of Draper Road (part Minor Rural Road and past Sub-Arterial Road). The individual allotments are improved by a residential dwelling and shed on Lot 2 on SP287503 and a residential dwelling and shed on Lot 3 on RP708592. It is noted that the balance of the premises is predominantly utilised for sugar cane cultivation. Mackey Creek traverses the northern boundary of Lot 3 on RP704103. The individual allotments have a combined site area of 42.5ha. The allotments are generally rectangular in shape with the exception of Lot 3 on RP708592, which is triangular. The site is designated within the Emerging Community zone under CairnsPlan 2016 v2.1 (refer Figure 2 below), as well as Precinct 4 (Draper Road) of the Gordonvale Local Plan. The site is identified within the extents of the following overlays:

Overlay Details

Airport Environs Overlay PAN-OPS Area - Within PANS-OPS Area

Bushfire Hazard Overlay Bushfire potential impact buffer

Flood and Inundation Hazards Overlay Mount Peter Precinct

Natural Areas Overlay Urban waterway 'A' trigger area

MLES & MSES protected areas

Transport Network overlay Road Hierarchy

Pedestrian and Cycle Network

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The site (particularly Lot 3 on RP704103 and Lot 2 on SP287503) is burdened by easements benefitting the Mulgrave Sugar Mill, containing Cane Rail Infrastructure. Further, interests over the land under the Sugar Industry Act affect the eastern boundary of the subject land where the cane rail infrastructure is not included in an easement.

Figure 2: Extract of CairnsPlan 2016 v2.1 Zone Map with the site highlighted

Proposal

The proposal is described as a combined Development Application for a Development Permit for a Material Change of Use for a Retirement Facility and Reconfiguring a Lot (4 Lots into 51 Residential Lots, 1 Retirement Facility Lot, 3 Future Use Lots, 1 Park Lot and 3 Balance Lots). The Reconfiguring a Lot component is sought to be undertaken over four (4) stages, detailed below –

Proposal – Reconfiguring a Lot - Delivery

Stage

1A Boundary Realignment to permit separation of the development area from the balance lots. Four (4) individual lots will be created, being –

• Lot 100 with a lot size of 12.92ha;

• Lot 200 with a lot size of 9.22ha;

• Lot 300 with a lot size of 17.89ha; and

• Lot 400 with a lot size of 2.47ha.

1B Forty-four (44) lots on Lot 100 –

• Retirement Lot (Proposed Lot 800) with a lot size of 37,637m2;

• Future Lot (Proposed Lot 1001) with a lot size of 2,502m2;

• Park Lot (Proposed Lot 900) with a lot size of 4,965m2; and

• Residential Lots 101 to 142, varying lot size from 672m2 to 1,086m2.

Included in Stage 1B is the construction of the future northern link road to the end of the property boundary of Proposed Lot 100, as well as internal access roads.

2 Five (5) lots on Lot 100 –

• Residential Lots 201 to 205 varying in lot size from 720m2 to 1,008m2.

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3 Six (6) lots on Lot 100 –

• Residential Lots 301 to 304, varying in size from 1,069m2 to 1,254m2;

• Future Lot (Proposed Lot 3001) with a lot size of 4,000m2; and

• Future Lot (Proposed Lot 3002) with a lot size of 7,000m2.

The proposed development seeks to provide relevant infrastructure networks as well as connect to established networks (with respect to road, water, sewer and stormwater), informed at the Operational Work stage by updated Master Planning and Infrastructure reporting. The proposal seeks to establish a network of internal roads, as well as delivery of necessary transport infrastructure (TRF425). Delivery of the ultimate road network (Draper Road - external) is to be informed by reporting undertaken by a suitably qualified RPEQ Traffic Engineer. A condition to this effect has been imposed.

Figure 3: Stage 1B, Stage 2 and Stage 3 of the Reconfiguring a Lot component

The Material Change of Use for a Retirement Facility component is described specifically as –

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Proposal – Material Change of Use – Retirement Facility

Description

One hundred and sixty-two (162) units

• Ninety-six (96) three-bedroom units;

• Forty-four (44) two-bedroom units; and

• Twenty-two (22) one-bedroom units.

Reception, Office and Staff Facilities

Auxiliary Recreation and Support Activities (Cinema, Nurse Station, Physical Therapy Unit, Memory Support Unit, Café, Hairdresser, Chapel, Lounge, and Dining Area)

Seventy (70) car parking spaces

37% (of site) landscaping

The Retirement Facility is proposed to be delivered over the following three (3) stages –

Proposal – Material Change of Use - Delivery

Stage

1 Sixty (60) units, Administration, Central Facilities, Access and Parking.

2 Forty-four (44) units.

3 Fifty-eight (58) units.

Figure 4: Ultimate form for the Material Change of Use component

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Materials Assessed in the Application The applicant provided the following materials in the application: ● Planning Assessment Report, prepared by Gilvear Planning; ● Plan of Development, prepared by Cardno and 8 Pencils; ● Response to Further Issues, prepared by Gilvear Planning; ● Submissions made for the application; and ● Response to matters raised in relation to compliance with the planning scheme

during the assessment period. In addition to the materials provided by the applicant, the following additional materials were considered: ● Referral agency response and conditions. These materials have been considered in the assessment of the application. Application Summary On 12 November 2020, the Development Application for a Development Permit for a Material Change of Use for a Retirement Facility and Reconfiguring a Lot (4 Lots into 51 Residential Lots, 1 Retirement Facility Lot, 3 Future Use Lots, 1 Park Lot and 3 Balance Lots) was received. On 16 November 2020, a Confirmation Notice was issued to the Applicant under Part 1: Application of the Development Assessment Rules. On 18 November 2020, a Referral Confirmation Notice was received under Part 2: Referral. On 23 November 2020, a Notice of Intent to Commence Public Notification was received from the Applicant in accordance with Part 4: Public Notification of the Development Assessment Rules. On 25 November 2020, the Applicant commenced Public Notification, in accordance with Part 4: Public Notification of the Development Assessment Rules. On 16 December 2020, a Referral Agency Response was received under Part 2: Referral of the Development Assessment Rules. On 21 December 2020, the applicant provided a Notice of Compliance in accordance with Part 4; Public Notification of the Development Assessment Rules, effectively ending Part 4: Public Notification and Part 2: Referral, commencing Part 5: Decision of the Development Assessment Rules. One (1) properly made submission received.

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On 23 November 2020, consideration for the properly made submission was given in accordance with section 19.3 of the Development Assessment Rules. On 29 January 2021, a Further Issues Letter was issued to the Applicant. On 2 February 2021, a Response to the Further Issues Letter was received from the Applicant. LEGISLATIVE FRAMEWORK Planning Act 2016 The application has been assessed in accordance with the Planning Act 2016 (Qld) for Impact Assessment. ASSESSMENT BENCHMARKS The following matters were given regard to in undertaking the assessment of this development application under section 45 of the Planning Act 2016 (Qld) and section 30 and 31 of the Planning Regulation 2017 (Qld).

Assessment Benchmark Summary of Compliance

FNQ Regional Plan 2009-2031

The FNQ Regional Plan 2009-2031 designation - Urban Footprint. The Regional Plan has been appropriately integrated and reflected through the CairnsPlan 2016.

Considered to comply

State Planning Policy Part E

The State Planning Policy (SPP) contains the State Interest Policies and Assessment Benchmarks which are applicable to the development. The CairnsPlan 2016 advances the SPP except for erosion prone areas and coastal management district and therefore all the relevant State interests have been appropriately reflected in CairnsPlan 2016.

Considered to comply

Temporary Local Plan Instructure

There are no Temporary Local Planning Instruments Not applicable

CairnsPlan v2.1

Strategic Framework Considered to comply

Emerging Community Zone Code

Gordonvale Local Plan Code

Airport Environs Overlay Code

Bushfire Hazard Overlay Code

Flood and Inundation Hazard Overlay Code

Natural Areas Overlay Code

Transport Network Overlay Code

Retirement Facility and Residential Care Facility Code

Environmental Performance Code

Excavation and Filling Code

Infrastructure Works Code

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Landscaping Code

Parking and Access Code

Reconfiguring a Lot Code

Vegetation Management Code

Strategic Framework Assessment The proposed development requires assessment against the Strategic Framework of the CairnsPlan 2016.

Strategic Framework

3.3.5 Element – Residential Areas and Activities

3.3.5.1 Specific Outcomes

The subject site is identified within the mapped Future Urban Area of the Southern Growth Area and seeks to deliver appropriate urban development. The development, although located outside the PIA of the LGIP, is considered to represent sequential growth, in accordance with the intent of the Gordonvale Local Plan area growth pattern. The overall Strategic Intent of the Strategic Framework outlines the expected population growth for the region is to be accommodated into the Future Urban Area of the Southern Growth Area. The development promotes infrastructure efficiencies, contributes to housing choice and appropriately responds to the natural constraints of the site.

3.4 Natural Areas and Features Theme

3.4.1 Strategic Outcomes

The proposed development has adequately demonstrated that the region’s natural environment, ecological processes and biodiversity values are protected and enhanced over the site. The development is clear of, maintains and protects areas of ecological significance over the site and surrounding area.

3.5 Economic Theme


The proposed development supports the economic growth of the region through the provision of an appropriate land use, consistent with the scheme and regional plan. The development minimises land use conflicts, protects adjacent areas of significant infrastructure and seeks to strengthen the local economy through diversity of employment.

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3.6 Infrastructure Theme


A component of the proposed development is the bringing forward of trunk infrastructure identified in the LGIP as late as the year 2036. It is also noted that the site is situated outside Council’s PIA. The proposed development is supported by technical reporting, modelling and planning undertaken for the area and, where appropriate, has been conditioned to further investigate such matters in detail, to demonstrate the infrastructure requirements to adequately service the site and development.

Though development is proposed to be delivered prior to the dates specified in the LGIP, it is considered that the extent of land use planning that has been undertaken on the matter substantiates the statement that the delivery of infrastructure is efficient, orderly and timely, as per Strategic Outcomes 3.6.1 (2) and 3.6.1 (4) of the Strategic Framework. The Gordonvale Local Plan Code makes provision for development of land identified as Precinct 4 – Draper Road to occur sequentially north from Draper Road. In light of this, the delivery of infrastructure to facilitate such development is considered efficient, orderly and timely.

Overall and Performance Outcomes Assessment The proposed development has been assessed against the Overall Outcomes of the CairnsPlan 2016.

Assessment Benchmark

Emerging Community Zone Code

Overall and Performance Outcomes

The proposed development is considered to demonstrate compliance with the Acceptable Outcomes, Performance Outcomes and Overall Outcomes of the Emerging Community Zone Code. The development seeks a performance solution with regard to the prescribed setbacks of the Emerging Community Zone Code, which is considered appropriate and any potential impacts negligible. The development is considered to advance the intent of the Code, utilising land that is identified as suitable for urban purposes, allowing the timely conversion of non-urban land to urban purposes.

Gordonvale Local Plan Code


The proposed development is considered to achieve an appropriate outcome with regard to the Acceptable Outcomes, Performance Outcomes and Overall Outcomes of the Gordonvale Local Plan Code. The proposed development is considered appropriate in Precinct 4 – Draper Road of the Gordonvale Local Plan area, allowing for a range of land uses, dwelling types and compositions that support the growing residential neighbourhoods. The development is not anticipated to impact on existing residential areas. The development is considered to advance the intent of the Code.

Retirement Facility and Residential Care Facility Code


The proposed development is considered to achieve an appropriate outcome with regard to the Acceptable Outcomes, Performance Outcomes and Overall Outcomes of the Retirement Facility and Residential Care Facility Code. The development seeks a performance solution with regard to the prescribed setbacks of the Retirement Facility and Residential Care Facility Code, which is considered appropriate and any potential impacts negligible. The development is considered to advance the intent of the Code.

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The proposed development is considered to achieve an appropriate outcome with regard to the Acceptable Outcomes, Performance Outcomes and Overall Outcomes of the Reconfiguring a Lot Code. The proposed Reconfiguring a Lot component seeks concession against several Performance Outcomes, as detailed in the next section. The development is considered to advance the intent of the Code.

Infrastructure Works Code


The proposed development is considered to achieve an appropriate outcome with regard to the Acceptable Outcomes, Performance Outcomes and Overall Outcomes of the Infrastructure Works Code. The proposed development is supported by technical reporting, modelling and planning undertaken for the area and where appropriate, has been conditioned to further investigate such matters in detail, to demonstrate the infrastructure requirements to adequately service the site and development. The reporting either provided or forthcoming is anticipated to satisfy the assessment criteria of the Infrastructure Works Code, providing appropriate water supply, wastewater treatment and disposal, stormwater drainage, electricity supply, telecommunications, footpaths and road construction. The development is considered to advance the intent of the Code.

Parking and Access Code


The proposed development is considered to achieve an appropriate outcome with regard to the Acceptable Outcomes, Performance Outcomes and Overall Outcomes of the Parking and Access Code. The proposed seventy (70) parking spaces are considered appropriate when taking into consideration the nature of the development, access to public transport infrastructure, availability of internal facilities as well as proximity to centre development (existing and future). The development is considered to advance the intent of the Code.

Non-Compliance with Particular Benchmarks The proposed development complies with the applicable criteria of the above-mentioned codes with the exception of the non-compliance addressed below:

Assessment Benchmark


Performance Outcome PO1

Acceptable Outcome AO1.1 of the Reconfiguring a Lot Code prescribes lot sizes in accordance with Table 9.4.9.3.b of the Code. Table 9.4.9.3.b of the Code prescribes a minimum lot size of 40ha with a road frontage of 250m in the Emerging Community Zone. The proposed Reconfiguring a Lot component is considered to achieve an appropriate outcome for the subject site with regard to the intent as per the Gordonvale Local Plan Code. As discussed in assessment against the Emerging Community Zone Code, the development allows for the timely conversion of non-urban land to urban purposes, demonstrating compliance with the purpose and overall outcomes of the Zone.

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Acceptable Outcome AO7.1

Acceptable Outcome AO7.1 of the Reconfiguring a Lot Code states that setbacks between existing buildings and proposed boundaries are to satisfy the relevant building standards or zone code requirements. The proposed development seeks to retain the exiting dwelling, which is noted to be within close proximity to the road reserve (an unchanged boundary). The matter is considered to achieve a suitable outcome with regard to Acceptable Outcome AO7.1 as the road boundary remains unchanged.


Acceptable Outcome AO8.2 of the Reconfiguring a Lot Code states that access strips are to be a minimum width of 4 metres in a Residential Zone, and no less than 8 metres in all other zones. As the subject site is zoned Emerging Community, the development is required to provide an 8 metres wide access strip. A 6 metre access strip is proposed. The matter is considered negligible considering the Reconfiguration of a Lot is commensurate to a residential zone form / configuration.


Performance Outcome PO10 of the Reconfiguring a Lot Code states that development is to protect the cane rail network to support the on-going operation of the agricultural industry. The site is noted to be traversed / partly framed by existing cane rail infrastructure, and an associated easement, identifiable on Strategic Framework Map – Regional Infrastructure (Map Number SFM-03). Conditions to protect the cane rail network have been imposed to ensure compliance with Performance Outcome PO10. The condition requires separation from rail infrastructure through an amendment to design condition applicable to Stage 2 of the Reconfiguration of a Lot component.

Other Relevant Matters for Impact Assessment During the assessment of the proposed development, the Assessment Manager gave consideration to the following relevant matters.

Other Relevant Matters

Assessment

CairnsPlan 2016 Major Amendment

In accordance with section 45 of the Planning Act, consideration was given to the draft CairnsPlan 2016 Major Amendment Version 3.0 in the assessment of the development application. It is noted that the zoning and applicable overlays relative to the subject site remain unchanged.

Local Government Infrastructure Plan (LGIP)

The Local Government Infrastructure Plan (LGIP) was adopted by Council on 28 June 2017 (commenced on 15 April 2019), and forms part of the CairnsPlan 2016. The purpose of the LGIP is to:

(a) integrate infrastructure planning with the land-use planning identified in the planning scheme;

(b) provide transparency regarding a local government’s intentions for the provision of trunk infrastructure;

(c) enable a local government to estimate the cost of infrastructure provision to assist its long-term financial planning;

(d) ensure that trunk infrastructure is planned and provided in an efficient and orderly manner; and

(e) provide a basis for the imposition of conditions about infrastructure on development approvals.

The LGIP includes the Priority Infrastructure Area (PIA), which identifies the prioritised areas throughout the LGA for the provision of trunk infrastructure to service the existing and assumed future urban development up to and including 2028. The LGIP identifies that the development is located outside of the PIA.

In addition, the Gordonvale Local Plan Code makes provision for development of land identified as Precinct 4 – Draper Road to occur sequentially north from

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Other Relevant Matters

Assessment

Draper Road. This is reflected through the assessment against the Strategic Framework (Infrastructure Theme Theme).

Planning (Walkable Neighbourhoods) Amendment Regulation) 2020 (Qld)

The Queensland State Government has introduced a new subordinate legislation under the Planning Act, being the Planning (Walkable Neighbourhoods) Amendment Regulation 2020 that commenced on 28 September 2020.

This regulation applies to all new urban residential subdivisions that include road construction and introduces new benchmarks, which include a minimum of:

• Grid-like street patterns connecting to surrounding and future roads and paths;

• A maximum block length of 250 metres;

• Street trees, with a minimum of 1 tree per 15m each side of a new road;

• Footpaths, where a new footpath is required to be provided on at least 1 side of the new road where it provides direct lot access; and

• Access to existing or new park/s within 400 metres of each part of a block.

Although these provisions are noted as being “mandatory”, some of the benchmarks such as grid like patterns, connections, and access to parks requirements, are required to the extent permitted by topography and other physical constraints. The regulations are intended to ensure the reconfiguration supports convenient and comfortable walking for transport, recreation, leisure, and exercise in the locality of new lots.

Council, however, currently manages the design and layout of new residential subdivisions through various instruments that either reflect these benchmarks or provide alternate provisions that more appropriately consider the local context. These instruments include: the CairnsPlan 2016, the Public Open Space General Policy and the FNQROC Development Manual. In assessing the development, the proposed subdivision is considered to be consistent with these instruments.

Regardless, the proposed development is considered to advance the intent of the Walkable Neighbourhoods document.

With exception to the above, the Assessment Manager considered no further matters within the assessment of the application. Public Notification In accordance with Impact Assessment procedures outlined in Part 4: Public Notification of the Development Assessment Rules the proposal was publicly notified for a minimum of fifteen (15) business days, with the following actions being carried out: ● Publish a notice at least once in the newspaper circulating generally in the locality; ● Place a notice on the land in the way prescribed under the regulation; and ● Give a notice to the owners of all lots adjoining the premises.

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A Notice of Compliance was received on 21 December 2020. One (1) submission was received within the Public Notification period. A summary of the submission received is provided in the table below:

No. of submissions received 1 Properly Made 0 Not Properly Made

Nature of submission 0 In Support 1 Object

The following matters were raised in the properly made submission.

Point of Submission Officer Comment

Density of Proposed Development

“The residential development aspect of the proposal should be refused, or alternatively (if it is possible to lawfully do so) the residential development aspect of the proposal be conditioned so as to require much higher densities.”

The CairnsPlan 2016 v2.1 does not specify a maximum lot size. Particular reference is made to Overall Outcome (6) (a) of the Gordonvale Local Plan Code which prescribes a range of land uses, dwelling types and compositions that support the growing residential neighbourhoods. In the context of development in Precinct 4 – Draper Road, the proposed lot sizes are considered to achieve the Overall Outcome and are appropriate. Furthermore, Table 7.2.7.4.b of the Gordonvale Local Plan Code sets out target and ultimate dwelling yields for Precinct 4. As an approximate (total lot size and proposed lot sizes), the development is considered appropriate in achieving target yields.

Impact on Cane Rail Operations

“Council should condition any approval so that there is no impediment to cane rail operations. MFS Sugar will need to maintain access to the line for maintenance and emergency access (3m from the edge of the rail formation). Any fencing or landscaping be situated 0.1m inside the proposed allotment thus ensuring that future owners do not approach MSF Sugar or the Council for fencing maintenance or upgrades. Th section of rail known as Magazine loop is difficult to service during the crushing season, hence locomotives will need to access the area on a 24/7 basis. Council should impose a condition requiring substantial landscaping (with earth mound) to eliminate noise that may arise from the operation of the rail network Stormwater drainage will need to be channelled to Mackey Creek to ensure that the rail infrastructure is protected. The same will need to apply to all services and utilities, sewerage etc.”

An easement benefitting the Mulgrave Sugar Mill, containing cane rail infrastructure, affects Lot 2 on SP287503 and Lot 3 on RP704103. It is also noted that the components of the site sought to be developed as part of this Development Application (either under the Reconfiguring a Lot component or the Material Change of Use component), remain largely clear of identified easements. Development conditions have been imposed to address matters relating to cane rail infrastructure (not identified within an easement) along the eastern boundary of Lot 2 on SP287503. The condition requires separation from rail infrastructure through an amendment to design condition applicable to Stage 2 of the Reconfiguration of a Lot component.

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REFERRAL AGENCY ASSESSMENT The application was referred to the Department of State Development, Infrastructure, Local Government and Planning (DSDILGP) for State Transport Corridors and Future State Transport Corridors (Infrastructure-related referrals). The referral agency provided its response for the Development Application on 16 December 2020. DSDILGP requires conditions be attached to any development approval. A copy of the Referral Agency’s response is attached in Attachment 4. INFRASTRUCTURE CHARGES & NECESSARY INFRASTRUCTURE The proposed development is located outside the PIA. The development requires the delivery of trunk infrastructure to facilitate the development. The following table summarises the trunk infrastructure items:

Trunk Infrastructure

LGIP Item No. Standard LGIP Cost Timing

New Road in Mt Peter

TRF425 Sub-Arterial Road - 4 Lane Median

Divided $5,783,476.00 2036

Draper Road West TRF114 Sub-Arterial Road - 4 Lane Median

Divided $2,837,134 2031

The timing of any offset or payment will not occur until the timing identified in accordance with the LGIP. Council’s Infrastructure Charges Resolution (No. 2) 2017 identifies that an Infrastructure Charge may be levied for the development. The applicable charge has been calculated in accordance with the Resolution and section 120 of the Planning Act 2016. The following table summarises the infrastructure charges for the development.

Component Levied Charge

Reconfiguration of a Lot

$1,396,080

Material Change of Use

$2,744,800

A copy of the infrastructure charge calculations are contained as Attachment 5 and Attachment 6. Independent to Council’s Infrastructure Charges Resolution, at the Council meeting held on 28 October 2020, Council resolved to enter into an Incentive Agreement regarding the infrastructure charges applicable for the Retirement Facility aspect of the development to the value of approximately $2.5 million. This Incentive Agreement is not reflected in the infrastructure charge calculations referenced above or in Attachment 5 and Attachment 6, as this will be subject to an infrastructure agreement which has not yet been executed.

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STATEMENT OF REASONS FOR DECISION The reasons for this decision are: 1. The proposed development has been assessed in accordance with the provisions

of the CairnsPlan 2016 v2.1 and is considered to comply with the Strategic Framework, Overall Outcomes and Performance Outcomes of the applicable codes.

2. In assessing the proposed development, conditions have been imposed to ensure

compliance with the assessment benchmarks of the CairnsPlan 2016. 3. The proposed development is consistent with the provisions of the Far North

Queensland Regional Plan 2009 – 2031, insofar as the development provides for an urban activity within the mapped Urban Footprint.

4. The proposed development is supported by an appropriate infrastructure delivery

plan which seeks to provide non-trunk infrastructure as well as infrastructure identified in the Local Government Infrastructure Plan as necessary infrastructure.

5. The subject site is identified within the mapped Future Urban Area of the Southern

Growth Area and seeks to deliver appropriate urban development. The development promotes infrastructure efficiencies, contributes to housing choice and appropriately responds to the natural constraints of the site.

6. The proposed development has demonstrated that a high level of residential

amenity is able to be achieved, having specific regard to lot sizes and configurations, setbacks and provision of suitable park/open space areas.

ATTACHMENTS 1. APPROVED PLAN(S) & DOCUMENT(S): RECONFIGURING A LOT 2. APPROVED PLAN(S) & DOCUMENT(S): MATERIAL CHANGE OF USE 3. NOTICE OF INTENTION TO COMMENCE USE 4. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 5. INFRASTRUCTURE CHARGES NOTICE: RECONFIGURING A LOT 6. INFRASTRUCTURE CHARGES NOTICE: MATERIAL CHANGE OF USE

Keanu Johnston A/Team Leader Planning – Strategic Planning & Approvals Action Officer

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Peter Boyd Manager Strategic Planning & Approvals

Martin Garred Interim General Manager Planning & Environment

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ATTACHMENT 1: Approved Plan(s) & Document(s): Reconfiguring a Lot

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ATTACHMENT 2: Approved Plan(s) & Document(s): Material Change of Use

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ATTACHMENT 3: Notice of Intention to Commence Use

Notice of Intention to Commence Use

DEVELOPMENT PERMIT

Planning Act 2016

Development Permit 8/30/327

Date of Approval

Approved Use Material Change of Use for Retirement Facility Location Draper Road GORDONVALE

Property Description Lot 3 on RP704103

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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ATTACHMENT 4: Concurrence Agency Conditions & Requirements

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ATTACHMENT 4: Infrastructure Charges Notice: Reconfiguring a Lot

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ATTACHMENT 5: Infrastructure Charges Notice: Material Change of Use

planning and environment committee 10 march 2021

Documents