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PLANNING AND ENVIRONMENT COMMITTEE

14 JUNE 20174

RECONFIGURING A LOT - CODE 1 LOT INTO 2 LOTS – 91 TRINITY BEACH ROAD, TRINITY BEACH – DIVISION 9

Michelle | Henderson | 8/13/2044 | #5447374

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 2 LOTS)

LANDOWNER: A C GRUBER & F H GRUBER

APPLICANT: DRISCOLL CARVEY BUILDING DESIGN & INTERIORSSUITE 3/111 SPENCE STREETCAIRNS QLD 4870

LOCATION: 91 TRINITY BEACH ROAD, TRINITY BEACH

PROPERTY: LOT 121 ON RP729083

ZONE: LOW DENSITY RESIDENTIAL

PLANNING SCHEME: CAIRNSPLAN 2016

REFERRAL AGENCIES: NONE APPLICABLE

NUMBER OF SUBMITTERS: NOT APPLICABLE

STATUTORY ASSESSMENTDEADLINE: 20 JUNE 2017

APPLICATION DATE 20 MARCH 2017

DIVISION: 9

APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S)2. INFRASTRUCTURE CHARGES NOTICE3. SUPPORTING INFORMATION

Agenda Planning and Environment Committee – 14 June 2017 #5441991

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LOCALITY PLAN

RECOMMENDATION

A. That Council approves the Development Application for Reconfiguring a Lot (1 lot into 2 lots) over land described as Lot 121 on RP729083, located at 91 Trinity Beach Road, Trinity Beach, 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:

Drawingor Document

Reference Date

Plan of Reconfiguration (Proposed Site Plan)

Drawing no 1702/2A prepared by Driscoll Carvey (Council ref no 5415883)

20 Apr 2017

Proposed House Floor Plan & Development Details

Drawing no 1702/3 prepared by Driscoll Carvey (Council ref no 5386677)

March 2017

Proposed House Elevations


March 2017

House Existing and Proposed Floor Plans


March 2017


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ASSESSMENT MANAGER CONDITIONS

1. 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, including recommendations and findings confirmed within technical reports; 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

2. The conditions of the Development Permit must be satisfied prior to issue of a Compliance Certificate for the Plan of Survey, except where specified otherwise in these conditions of approval.

Water Supply and Sewerage Works Internal

3. 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;

c. Existing water connections and internal plumbing must be contained within the lot it serves. If not then the connection and internal plumbing must be relocated to within the lot serviced.

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

All the above works must be designed and constructed in accordance with the FNQROC Development Manual. Three (3) copies of 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 issue of a Compliance Certificate for the Plan of Survey.


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Sewer Easement

4. Create an easement in favour of Council over the existing sewer within the site on a non-standard alignment to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval by Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking compliance assessment 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.

General External Works

5. Undertake the following external works:

a. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development and associated building works.

All works in the road reserve need to be properly separated from pedestrians and vehicles, with any diversions adequately signed and guarded.

The works required by this condition must be completed in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to issue of a Compliance Certificate for the Plan of Survey.

Existing Services

6. Written confirmation of the location of existing services for the land must be provided. In any instance where existing services are contained within another lot, the following applies, either:

a. Relocate the services to comply with this requirement; or

b. Arrange registration of necessary easements over services located within another lot prior to, or in conjunction with, the lodgement of a Compliance Certificate for the Plan of Survey creating the lot.


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Lawful Point of Discharge

7. All stormwater from each lot must be directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Ponding and/or Concentration of Stormwater

8. The proposed development is not to create ponding nuisances and/or concentration of stormwater flows to adjoining properties, including lots within the development.

Electricity and Telecommunications Supply

9. Written evidence of negotiations with Ergon Energy and the telecommunication authority must be submitted to Council stating that electricity supply and telecommunications services will be provided to the lots prior to the issue of a Compliance Certificate for the Plan of Survey.

Damage to Infrastructure

10. In the event that any part of Council’s existing road, sewerage, water or drainage 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 issue of a Compliance Certificate for the Plan of Survey.

Landscaping

11. Screening landscaping must be installed in accordance with the approved plans. In particular, screening landscaping must be installed along the north-eastern side boundary and along the common boundary between the proposed lots must be completed in accordance with the approved plans prior to the issue of a Compliance Certificate for the Plan of Survey.

Demolish Structures

12. All structures not associated with the approved development (including disused services and utilities) must be demolished and/or removed from the subject land prior to the issue of a Compliance Certificate for the Plan of Survey.


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Future Dwelling House

13. A building envelope must be provided for the new lot ensuring that future dwelling house is contained in the areas shown in the approved plans and must have a minimum boundary clearance of 1.5 metres to each property boundary (measured to the outermost projection of future dwelling houses), other than the common boundary with the existing house. The future Dwelling Houses on the vacant allotments must be constructed generally in accordance with the approved plans at Appendix 1 and be sited within the building envelope for each lot..

B. That the following unique notation will be placed on Council's future rates record in respect of the new vacant lot:

“The future Dwelling House on this lot must be constructed generally in accordance with the approved plans under the Development Permit for Reconfiguring a Lot (Council ref: 8/13/2044).”

FURTHER ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of section 339 and section 341 of the Sustainable Planning Act 2009.

2. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

Infrastructure Charges Notice

4. A charge levied for the supply of trunk infrastructure is payable to Council towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Adopted Infrastructure Charges Notice has been calculated according to Council’s Adopted Infrastructure Charges Resolution.

Please note that this Decision Notice and the Adopted Infrastructure Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.


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The amount in the Adopted Infrastructure Charges Notice is subject to index adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Adopted Infrastructure Charges Notice.

5. For information relating to the Sustainable Planning Act 2009 log on to www.dilgp.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

EXECUTIVE SUMMARY:

Council is in receipt of a Development Application for Reconfiguring a Lot (1 Lot into 2 Lots) over land at 91 Trinity Beach Road, Trinity Beach. The subject site is located within the Low Density Residential Zone and is subject to Code Assessment.

Although the proposed reconfiguration results in lots less than the minimum acceptable outcome, the applicant has demonstrated the proposed lots are suitable for the intended residential use through the submission of a proposed Dwelling House design which responds to the constraints of the site. Proposal plans are attached at Appendix 1.

The Development Application has been assessed by Council Officers and is recommended for approval subject to conditions.

PLANNING CONSIDERATIONS:

Background

The 825m² site is located within the established residential suburb of Trinity Beach. The locality predominantly provides for single detached residential dwellings, however there are a number of dual occupancy developments surrounding, including one to the west at 95 Trinity Beach Road, and another at 2 Bulolo Close.

The subject site is improved by an existing single detached residential dwelling accessed via an existing dual crossover arrangement. Existing plans are attached as supporting documentation at Appendix 3.

Proposal

The proposal seeks approval for the reconfiguration of the lot into two separate freehold titles. The proposed lot containing the existing Dwelling House will have a total area of 414m². The proposed additional lot will be vacant and comprise an area of 411m2. The applicant has provided a site specific single storey Dwelling House design which responds to the constraints of the proposed lot, including the existing residential crossovers and vehicle parking and manoeuvring areas.


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The proposal plans are attached at Appendix 1, and the existing plans are attached at Appendix 3 as supporting information.

CairnsPlan 2016 Assessment

CairnsPlan 2016 Code Applicability Compliance

Planning Area Low density residential

Complies – the proposed dwelling has been designed to suit the shape and size of the

proposed lot, and complies in terms of criteria such as site cover and height.

Overlays Acid sulfate soilsComplies - the reconfiguration only requires minor earthworks which aren’t expected to disturb acid

sulphate soils.

Other Development

Codes

Environmental performanceComplies with conditions – the development is conditioned that all stormwater is directed to a

lawful point of discharge.

Excavation and filling

Complies - the reconfiguration only requires minor earthworks to facilitate the construction of the

access driveway and installation of services which aren’t expected to disturb acid sulphate soils.

Infrastructure worksComplies with conditions - Given the location of the site within the established residential suburb,

the site is able to access necessary infrastructure.

Landscaping Complies with conditions requiring the provision of screening landscaping.

Reconfiguring a lot Complies with conditions – refer to comment below on.

Compliance Discussion

Reconfiguring a Lot Code

The proposed lots are located within the Low Density Residential Zone and each have an area less than 450m²; as such they are defined within the Administrative Definitions of CairnsPlan 2016 as Small Residential Lots.

The lots do not comply with the 600m² area outlined in AO1.1, and are irregularly shaped due to the existing Dwelling House on the site.

Despite this, the application includes a site specific Dwelling House design which demonstrates that the proposed lots are capable of accommodating residential land uses, and that the lots have areas and dimensions that are consistent with the purpose and overall outcomes of the zone. The design includes a significant proportion of landscaped areas, to ensure residential amenity is retained for both adjoining lots and from the street frontage.

In reviewing the additional requirements for the creation of small residential lots within the Code, the proposed development complies with all Acceptable Outcomes. Vehicle parking areas are separated by landscaped areas, and are designed to be covered carports as opposed to enclosed garages. The road frontage for each proposed lot is not less than 12 metres. Small lots are not the dominant lot type in this immediate area.


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In terms of access points to Trinity Beach Road, there is considered to be a no worsening effect, as the two (2) access points proposed for the use are already constructed, and the new house lot enables ingress/egress in forward gear.

INFRASTRUCTURE CHARGES:

The proposed development triggers Infrastructure Charges. Refer to Appendix 2 to view calculations.

Michelle HendersonPlanning OfficerAction Officer

Paul CohenA/Manager Strategic Planning & Approvals

Peter BoydA/General Manager Planning & Environment


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APPENDIX 2 INFRASTRUCTURE CHARGES NOTICE


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APPENDIX 3 SUPPORTING INFORMATION

Existing Site Plan


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Existing Elevations


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