planning and environment committee 5 - … › __data › assets › pdf_file › ...2016/10/12 ·...

44

Agenda – Planning and Environment Committee 12 October 2016 #5228453

PLANNING AND ENVIRONMENT COMMITTEE

12 OCTOBER 20165

REQUEST FOR CONSIDERATION UNDER SUPERSEDED PLANNING SCHEME – 1–21 MCLEOD STREET, CAIRNS CITY – DIVISION 5

I Elliott-Smith | 8/35/120 | #5216124v3

PROPOSAL: REQUEST FOR CONSIDERATION UNDER SUPERSEDED PLANNING SCHEME TO UNDERTAKE SELF-ASSESSABLE DEVELOPMENT

LAND OWNER: LEND LEASE FUNDS MANAGEMENT LIMITED

APPLICANT: LEND LEASEC/- CARDNOPO BOX 759MACKAY QLD 4740

LOCATION OF SITE: 1 – 21 MCLEOD STREET, CAIRNS CITY

PROPERTY: LOT 9 ON RP899441

PLANNING SCHEME: CAIRNSPLAN 2009

PLANNING DISTRICT: CBD – NORTH CAIRNS

PLANNING AREA: CITY CENTRE

REFERRAL AGENCIES: NOT APPLICABLE AT THIS STAGE

NUMBER OF SUBMITTERS: NOT APPLICABLE AT THIS STAGE

STATUTORY ASSESSMENTDEADLINE: 19/10/2016

APPLICATION DATE: 06/09/2016

DIVISION: 5

APPENDIX: 1. SIGNED DEED OF AGREEMENT2. PLANS PROVIDED WITH REQUEST FOR CONSIDERATION UNDER SUPERSEDED PLANNING SCHEME

45


LOCALITY PLAN:

RECOMMENDATIONS:

A. That Council approves the request to apply the Superseded Planning Scheme being CairnsPlan 2009 to the carrying out of assessable development that was under the Superseded Planning Scheme, Self-Assessable Development in relation to land described as Lot 9 on RP899441,1 – 21 McLeod St, Cairns City.

B. That as per Section 98 of the Sustainable Planning Act (2009), Council advise the Applicant that the carrying out of the Self-Assessable Development under the Superseded Planning Scheme must commence within four (4) years of that date of Council’s decision to approve the request.

C. That Council notify the Applicant that where development is undertaken as Self-Assessable Development, any such development must proceed in accordance with conditions of the Special Facilities approval and the relevant Codes contained within Sections 4.5, 4.6, 4.7 and 4.8 of CairnsPlan 2009 where not inconsistent with the conditions of the Special Facilities approval.

D. That Council notify the Applicant that the plans submitted with the request indicating an expansion to the existing centre adjacent to McLeod are not considered to be substantially in accordance with the Concept Plans contained within the Deed of Agreement and an amendment to the Deed is required.

46


EXECUTIVE SUMMARY:

Council is in receipt of a request under Section 95(1)(a) of the Sustainable Planning Act (2009) to apply the Superseded Planning Scheme, being CairnsPlan 2009, to the whole of the site the subject of the request, in relation to the undertaking of Assessable development that was previously Self-Assessable under the Superseded Planning Scheme being CairnsPlan 2009. The site the subject of the request is known as the Cairns Central Shopping Centre and is located at 1 – 21 McLeod Street, more particularly described as Lot 9 on RP899441.

Cairns Central was originally established under a Deed of Agreement (signed on 3 November 1994) between Council, the State Government and the original developer, Cairns Centre Ltd. The Deed was established to guide development of the site in relation to certain requirements, conditions and obligations agreed to by the signatories to the Deed.

The site is currently designated within the Principal Centre Zone under CairnsPlan 2016. The site is also within the bounds of the Cairns City Centre Local Plan. Under the Superseded Planning Scheme, the site was designated within the CBD – North Cairns District, specifically within the City Centre Planning Area. The site was also affected by a Special Facilities approval which was reflected in the Schedule of Special Facilities Approvals for the District as Index 11.

As part of the request, the Applicant has included plans of the centre indicating an area on the McLeod Street frontage of the site where an expansion of the centre is currently planned. The plans indicate an expansion over two (2) levels of approximately 1,960m2.

On review of the Applicant’s request, Officers recommend that Council approve the request in relation to the undertaking of Self-Assessable development in accordance with the Special Facilities approval and any relevant provisions of applicable Codes contained within Sections 4.5, 4.6, 4.7 or 4.8 of CairnsPlan 2009.

However, Officers consider that the proposed expansion of the centre not to be substantially in accordance with the approved Concept Plans contained within the Deed of Agreement. For certainty, Officers would recommend that the Concept Plans contained within the Deed be amended to reflect the proposed expansion should the Applicant wish to undertake the development in this manner. Amendments to the Concept Plans contained in the Deed are provided for under Clause 2.2 of the Deed.

47


TOWN PLANNING CONSIDERATIONS:

Background

The Cairns Central Shopping Centre as it is currently known was originally established under a Deed of Agreement signed on 3 November 1994 between Council, Cairns Centre Ltd (the original developer) and the State Government. The Deed was established to guide the development of the site in relation to certain requirements, conditions and obligations agreed to by the relevant parties.

Prior to the commencement of CairnsPlan 2016, the subject site was included within the City Centre Planning Area of the CBD – North Cairns District under CairnsPlan 2009. Additionally, the site was subject to a Special Facilities designation which provided for various uses to be conducted in accordance with an approved Plan of Development.

Proposal

The current request has been made under Section 95(1)(a) of the Sustainable Planning Act (2009) and is to apply the Superseded Planning Scheme, being CairnsPlan 2009, to the whole of the site in relation to the undertaking of assessable development that was previously Self-Assessable development under the Superseded Planning Scheme.

As part of the information supplied with the request, plans indicate a current proposal to undertake expansion of the centre in the south eastern portion of the site, adjacent to the McLeod Street frontage. Written representations indicate that the proposed expansion will provide for an additional 723m2 of Gross Lettable Floor Area (GLFA) at Ground Level and 1,237m2 of GLFA on the Upper Level.

Planning Considerations

As per the CairnsPlan 2009 Assessment Table for the CBD - North Cairns District, where a Material Change of Use of the respective premises complies with the conditions of the corresponding approval listed in the Schedule of Special Facilities for the district, such development is taken to be Self-Assessable Development i.e. Development Approval is not required to be obtained from Council. Alternatively, where a minor change is sought to the Special Facilities approval, such development triggers a Code Assessable Development Application.

Section 3.10.2 of CairnsPlan 2009 provides the relevant Schedule of Special Facilities Approvals for the CBD – North Cairns District. Item 11 notes that the Approved Use includes “Railway purposes, bus passenger terminal, accommodation units, commercial premises, hotel, child care centre, shopping complex, shops, retail, showrooms, indoor entertainments, caterers rooms, catering industry and car parking in accordance with Plan of Development No 1A”.

Plan of Development No 1A is contained within the Deed of Agreement (dated 3 November 1994) signed by Council, Cairns Centre Ltd (as the original developer) and the State Government as original owner of the land. A copy of the signed Deed is provided as Appendix 1.

48


The Deed includes various clauses including Council’s conditions for the use of premises and development of the land (refer Recital C). Further, Clause 2.3(b) requires that development be carried out substantially in accordance with the Plan of Development (meaning Plan of Development 1A) and Concept Plans (meaning exhibits 1 to 5 of the Deed) and the clauses of the Deed.

In considering if the proposed expansion can occur under the existing Deed, it is necessary to assess the extension against the above mentioned relevant provisions i.e. Plan of Development, Concept Plans and the clauses of the Deed.

On review of the proposed expansion, Officers consider it to be inconsistent with the Concept Plans contained within the Deed and associated clauses of the Deed. Reference is made to Exhibit 1 – Form of Development Plan within the Deed which provides specific matters for the development including building heights, access points, setbacks, awnings and a delineation between the main building envelope and carparking area.

The plan at Exhibit 1 indicates, for the part of the McLeod Street frontage where the expansion is proposed, a 16m setback will be achieved from the boundary to the building. Clause 3.2 – Setbacks notes that “no building may be constructed on the Land within the setbacks indicated on Exhibit 1 without the consent of Council”. The plans submitted with the request indicate that the expansion would be built to boundary and result in the removal of building articulation and landscaping.

On the basis of the identified inconsistencies, Officers do not consider that the proposed expansion is substantially in accordance with the approved Concept Plans contained within the Deed of Agreement. For certainty, Officers would recommend that the Concept Plans contained within the Deed be amended to reflect the proposed expansion.

It is however noted that Clause 2.2 of the Deed permits that the Concept Plans contained within the Deed may be amended with the Consent of Council. In the case of a substantial amendment to the Concept Plan, such Consent may be granted by Council “conditional upon the carrying out of any roadworks and the making of any headworks charges which reasonably relate to the proposed amendments to the Development and which are not already provided for under this Agreement”. On review of the proposed expansion, Officers consider that such an expansion would constitute a substantial amendment to the existing Concept Plans contained within the Deed.

Officers are supportive of an extension where it occurs in a manner that is consistent with the Cairns City Centre Local Plan contained within CairnsPlan 2016. In particular, where the proposal reflects the built form outcomes sought through the implementation of the Cairns City Centre Local Plan Code and Planning Scheme Policy – Tropical Urbanism (including but not limited to, pedestrian protection/street canopy provisions, façade articulation and treatments, active frontage through the use of permeable materials such as glass, and integration of landscaping elements).

Public Notification / Submissions

Under the Superseded Planning Scheme, the carrying out of Self-Assessable development does not necessitate the need for Public Notification to occur.

49


Were the Applicant to seek a Development Permit for a Material Change of Use for an expansion to the existing Centre that is outside of the scope of the Deed of Agreement, such an application, under the Superseded Planning Scheme, would trigger an Impact Assessable Development Application and would consequentially be subject to Public Notification.

If such an application were to be lodged under CairnsPlan 2016, Public Notification would not be required as a Shopping Centre is designated as Code Assessable development within the Principal Centre Zone.

Infrastructure Charges

Any extension to the existing gross floor area of the shopping centre may trigger the levying of Infrastructure Charges either under the Deed of Agreement or current Adopted Infrastructure Charges Resolution. It is noted that the current Infrastructure Charges Resolution specifically applies to Building Work in addition to Reconfiguring a Lot and Material Change of Use Development Application.

A charge may be levied within twenty (20) business days where Council is not the assessment manager and receives a copy of a Development Approval. Such a charge, when levied in relation to Building Works, becomes payable when the certificate of classification or final inspection certificate for the building work is given.

State Referrals

The subject site contains a Public Passenger Transport Facility and is located within 25m of a Railway. Any application, either under the Superseded Planning Scheme or current CairnsPlan 2016 would require referral to the Department of Infrastructure, Local Government and Planning for Concurrence Agency Assessment of the relevant matters.

Summary

Council has received a request for the whole of the site known as Cairns Central Shopping Centre to carry out assessable development that was previously Self-Assessable Development under the Superseded Planning Scheme being CairnsPlan 2009.

50


For the reasons outlined in the report, Council Officers consider that whilst it is appropriate to approve the request as submitted, the plans submitted with the request indicating an expansion to the existing centre adjacent to McLeod are not considered to be substantially in accordance with the approved Concept Plans contained within the original Deed of Agreement. Council Officers consider that the proposed expansion should be reflected on amended Concept Plans if it were to be undertaken under the terms of the Deed of Agreement rather than via a new Material Change of Use Development Application.

Ian Elliott-SmithPlanning OfficerAction Officer

Paul CohenA/Manager Strategic Planning & Approvals

Peter BoydA/General Manager Planning & Environment

51


APPENDIX 1: SIGNED DEED OF AGREEMENT

52


53


54


55


56


57


58


59


60


61


62


63


64


65


66


67


68


69


70


71


72

Agen

da –

Plan

ning

and

Env

ironm

ent C

omm

ittee

12

Oct

ober

201

6 #5

2284

53

73

Agen

da –

Plan

ning

and

Env

ironm

ent C

omm

ittee

12

Oct

ober

201

6 #5

2284

53

74


75


76


77


78


79


APPENDIX 2 – PLANS PROVIDED WITH REQUEST FOR CONSIDERATION UNDER SUPERSEDED PLANNING SCHEME

80


planning and environment committee 5 - … › __data › assets › pdf_file › ...2016/10/12 ·...

Documents