planning & economic committee 2 - cairns.qld.gov.au · proposal the proposed development...

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Agenda – Planning and Economic Committee 10 April 2013 - #3919764

PLANNING & ECONOMIC COMMITTEE

10 APRIL 2013 2

BUSINESS FACILITIES >500M² (RADIOLOGY CLINIC) – 121 SHERIDAN STREET, CAIRNS – MATERIAL CHANGE OF USE (CODE ASSESSMENT) DIVISION 5 Lauren Stiles: 8/7/2658 SEDA: #3926609

PROPOSAL: BUSINESS FACILITIES >500M² (RADIOLOGY CLINIC)

APPLICANT: PLEXUS CAPITAL LTD C/- RPS AUSTRALIA EAST PTY LTD PO BOX 1949 CAIRNS QLD 4870 LOCATION OF SITE: 121 SHERIDAN STREET, CAIRNS

PROPERTY: LOT 166 ON C1983 PLANNING DISTRICT: CBD NORTH CAIRNS PLANNING AREA: COMMERCIAL PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: DEPARTMENT OF TRANSPORT & MAIN

ROADS (CONCURRENCE) NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT DEADLINE: 22 APRIL 2013 APPLICATION DATE: 19/02/2013 DIVISION: 5 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. SUPPORTING INFORMATION TO

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Except where modified by these conditions of approval Timing of Effect 2. The conditions of the Development Permit must be effected prior to

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

Amendment to Design 3. The proposed development must be redesigned to accommodate the

following changes:

a. The provision of a minimum of 13 vehicle parking spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering practice. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Details of the above amendments must be endorsed by the Chief Executive

Officer prior to issue of a Development Permit for Building Work. Air-Conditioning Screens 4. Air-conditioning units located above ground level and visible from external

properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Protection of Landscaped Areas from Parking 5. Landscaped areas adjoining the parking area must be protected by a

150 mm high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

Parking Signage 6. Erect a sign on the Sheridan Street frontage advising of the location of the

off-street visitor parking area and access thereto. The signs must be erected prior to Commencement of Use.

Customer Access to Car Parking Spaces 7. The roller door gate on the driveway access must not be used to restrict

access to the car parking spaces at the rear of the building during operating hours.

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Advertising Signage 8. Signs on the subject land must conform with Local Law 28 applied under the

Cairns Regional Council Control of Advertising (Application of a Continuing Local Law) Local Law 2011 to the requirements and satisfaction of the Chief Executive Officer.

Damage to Council Infrastructure 9. In the event that any part of Council’s existing sewer / water or road

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

Lawful Point of Discharge 10. 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 from the development, all to the requirements and satisfaction of the Chief Executive Officer.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department of Transport and Main Roads (TMR)

TMR13-005574 (500/314)

6 March 2013 8/7/2658 #3900211

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act

2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 and 341 of the Sustainable Planning Act 2009 Sustainable Planning Act 2009 and 3.5.21 of the Integrated Planning Act 2007.

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

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relevant Local Laws and other statutory requirements. 4. For information relating to the Sustainable Planning Act 2009 log on to

www.dsdip.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 the CairnsPlan 2009 the approved land use of Business Facilities is defined as: “Means the use of premises for:

The conduct of a business or office where the principal activity is the provision of business or professional advice, services and goods or the office based administrative functions of any organisation;

The medical or paramedical care or treatment of persons and which does not involve the accommodation those persons on the premises.

The use includes:

Facilities commonly described as professional office, real estate office, estate sales office, bank, building society, credit union or funeral parlour;

Care or treatment by practitioners such as an acupuncturist, podiatrist, naturopath, chiropractor, dentist, general or specialist medical practitioner, optometrist, pathologist, physiotherapist or radiologist, together with ancillary services such as pharmacy.”

*This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

EXECUTIVE SUMMARY: Council is in receipt of an application for Material Change of Use for Business Facilities >500m² for a Radiology Clinic over land at 121 Sheridan Street, Cairns. The site is located on the western side of Sheridan Street directly opposite Munro Martin Park. The application seeks to utilise the existing building on the site for a Radiology Clinic. The proposed development is in conflict with the minimum requirements for car parking provision as stipulated within Schedule 1 of the CairnsPlan 2009 Parking and Access Code. Schedule 1 requires the provision of 25 car parking spaces for the proposed use, however only 7 car parking spaces are proposed on the site.

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This report is put before Council due to the significant deficiency in the car parking spaces proposed in the application. Approval of this application, in its present form, would require a 72% relaxation in car parking numbers. Officers consider that a dispensation of this nature is too significant and recommend that a minimum of 13 car parking spaces be provided on the site. This represents a 48% car parking relaxation. Subject to the provision of increased carparking, this application is recommended for approval.

TOWN PLANNING CONSIDERATIONS:

Background The site has an area of 1012m² and is improved with an existing building. Photos of the existing building are attached as Appendix 3. The existing building on the site has previously been used for retail, warehouse and office purposes including Currey Hospitality and Homewares (catering supplies store), a fitness equipment store and Penridge Real Estate Office. Some of the previous uses of the premises and extensions to the existing building may not have been established with appropriate approvals.

Proposal

The proposed development involves the use of the existing building on the site for a Radiology Clinic.

There is currently no off-street parking provided on the site. The proposal involves the removal of 238.14m² of the existing building at the rear of the site to accommodate 7 new car parking spaces to service the proposed use. The remainder of the building will have a gross floor area of 623.38m². Access to the new 7 car parking spaces is provided via an existing 3.6m wide driveway from Sheridan Street which runs along the northern boundary of the site. There is an existing roller door restricting access to the rear of the building which will be retained for after-hours security. Access to the site will be gained via the existing access off Sheridan Street.

The site has existing connections to Council’s reticulated services.

CairnsPlan Assessment

CairnsPlan CBD North Cairns Planning District

Code Applicability

Compliance

Planning Area Commercial Planning Area Code Complies Land Use Shopping and Business Facilities Code Complies

Potential or Actual Acid Sulphate Soil Material Code

Complies

Flood Management Code Complies

General

Excavation and Filling Code Complies Infrastructure Works Code Complies Landscaping Code Complies

Parking & Access Code

Complies with Performance Criteria for

minimum car parking spaces – see discussion

below Development Near Major Transport Corridors & Facilities

Complies

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Compliance Issues Car Parking Acceptable Measure 1.1 of the CairnsPlan 2009 Parking and Access Code requires that the minimum number of parking spaces provided on the site is not less than the number prescribed in Schedule 1. Schedule 1 requires a minimum car parking rate of 1 space per 25m² of net lettable area for Business Facilities. At this rate a minimum of approximately 25 car parking spaces are required for the proposed development. There are no car parking spaces currently provided on the site. However, the application proposes the removal of part of the building at the rear of the site to allow the provision of 7 car parking spaces. Whilst, this represents an improvement on the existing situation on the site, it does not meet Acceptable Measure 1.1 of the Parking and Access Code. As such, an assessment of the proposal against Performance Criteria 1 has been undertaken. Performance Criteria 1 (P1) reads as follows: “P1 Sufficient parking spaces must be provided on the site to accommodate the

amount and type of vehicle traffic generated by the development of the site, having particular regard to:

a) the desired character of the area in which the premises is located; and b) the nature and scale of the development; and c) accessibility to the premises; and d) the nature and frequency of public transport serving the area; and e) whether or not the development involves the retention of an existing building,

particularly an identified historic building, and the previous requirements for car parking for the building; and

f) whether or not the use involves the retention of other cultural heritage features or significant vegetation; and

g) the different types of vehicles that visit the premises are adequately accommodated.”

During the Information and Referral Stage, further justification was requested from the applicant to demonstrate that 7 car parking spaces are sufficient to support the proposed use. The applicant was also requested to provide an assessment against P1 of the Parking and Access Code (as above). The following response was provided by the applicant.

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“Initially, we note that item e) above makes particular reference to development which retains existing buildings and gives regard to the previous requirements for car parking for the building. This provision clearly supports the view that any existing parking shortfall should be considered as part of the redevelopment of an existing building. In addition to this, we note that the proposal does provide the maximum amount of parking possible onsite without significant demolition of the existing structure, so every practical effort has been made to address the issue. Notwithstanding the above, we note that further justification exists for a parking shortfall on this site. In particular, the site is located in close proximity to several medical centres, including Cairns 24 Hour Medical Centre directly across Munroe Martin Park on Grafton Street. The site was chosen for this location due to the fact that many patients will be referred for x-rays, ultrasounds, mammograms etc. from that facility. In addition to the above, we note that the site is well serviced by public transport, with Sheridan Street being a bus route. Finally we wish to highlight the alternative, being that this proposal does not proceed and a higher level of non-compliance exists under the current use rights.”

The applicant has not provided any comment on items a) and b) which relate to the desired character of the area and the nature and scale of the proposed development. The applicant has not provided any information on the likely traffic generated by the proposed use, including numbers of staff and visitors to the site. The application was referred to the Department of Transport and Main Roads (TMR) for concurrence agency assessment. TMR responded with conditions of approval (Appendix 2) which must be attached to any approval given. In these conditions, TMR have required that there is sufficient car parking spaces provided on the site to support the proposed use and reduce the reliance on parking on the adjoining sate controlled Road. The proposed use of the site for a Radiology Clinic is very close in terms of building configuration, patient and staff numbers to that of a Medical Centre and in fact the proposal could be easily converted to a Medical Centre. If the proposed building was used as a full medical centre the parking requirements would be more onerous and in the order of 30 spaces. A car parking shortfall is also likely to cause patients to utilise the car parking in the nearby “Civic” Shopping centre and thus place pressure on that parking. This application, in its current form, requires a significant car parking relaxation from Council. This report includes conditions of approval requiring the amendment of the design of the proposed development to provide 13 car parking spaces (52% of the required spaces). A total of 13 car parking spaces will reduce the required relaxation in car parking spaces down to 48%.

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Public Notification / Submissions The development application did not require public notification. HEADWORKS / CONTRIBUTIONS: The proposed development does not trigger Developer’s Headwork’s Contributions as the use of the existing building does not result in any increase in demand on infrastructure other than the required on-site parking. Lauren Stiles Planning Officer Action Officer Neil Beck Acting Manager Development Assessment

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