town planning report · 1.5km child care centre and day care facility (on slater ave) 1.8km open...

TOWN PLANNING REPORT

Development Permit Application for a Reconfiguration of a Lot (1 into 365 lots)

21 Florence Street, Eimeo

Northern Views Pty Ltd

24 May 2013

P: 07 5443 1444E: [email protected] 5, 156-158 Alexandra ParadeAlexandra Headland Q 4572PO Box 1043 Maroochydore Q 4558townplanningsunshinecoast.com.au

tracyh

Received (Manual Date)

Town Planning Report 24 May 2013

ROL (Residential Subdivision – 365 lots) Page 1 of 14

TABLE OF CONTENTS

Section 1 - Executive Summary 2

Section 2 - Application Details 3

The Application 3

The Subject Land 3

Surrounding Land Use Context 3

Section 3 - Proposal Details 5

Proposal Details 5

Section 4 - Town Planning Considerations 7

STATE GOVERNMENT DOCUMENTS 7

Regional Plan and Regulatory Provisions 7

State Planning Policies 7

Proposal Definition 7

LOCAL GOVERNMENT PLANNING DOCUMENTS 7

Mackay Planning Scheme (The Current Scheme) 7

Planning Scheme Designation 8

Planning Scheme Zoning Considerations 8

Forward Planning Documents and Considerations 10

Draft Mackay Region Planning Scheme 10

Northern Beaches Smart Growth Plan 11

Level of Assessment and Applicable Codes 11

Planning Scheme Overlays and Applicable Codes 12

Section 5 - Conclusions 14

AttachmentsAttachment 1 SmartmapAttachment 2 Aerial PlanAttachment 3 Land Use Context PlanAttachment 4 Planning Scheme Zoning Map Extract and Zoning Overlay on Development LayoutAttachment 5 Planning Scheme Overlay MappingAttachment 6 Northern Beaches Structure Plan Map ExtractAttachment 7 Draft Mackay Region Zoning Map ExtractAttachment 8 Regional Plan Map ExtractAttachment 9 Development Proposal PlanAttachment 10 Urban Design Concept PlanAttachment 11 Design Control PlansAttachment 12 Engineering ReportAttachment 13 Ecological AssessmentAttachment 14 Certified PMAVAttachment 15 Reconfiguration of a Lot Code AssessmentAttachment 16 Environment & Infrastructure Code AssessmentAttachment 17 Mackay Frame Locality Code Assessment



SECTION 1 - EXECUTIVE SUMMARYSITE DETAILS

Address 21 Florence Street, Eimeo

Lot and Plan Lot 23 K124412

Subject Area 37.636 hectares

Local Authority Mackay Regional Council

Current use Vacant land

MACKAY, ISAAC AND WHITSUNDAY REGIONAL PLAN

Designation Urban Footprint

PLANNING SCHEME INFORMATION

Locality Mackay Frame

Precinct McCreadys Creek

Zoning Urban Expansion / Open Space

Overlays

Acid sulphate soils Bushfire management Landscape character Wetland and biodiversity

APPLICATION DETAILS

Proposal Residential subdivision

Application Type Reconfiguration of a Lot (1 lot into 365 lots)

Level of Assessment Code Assessment

Relevant Codes

Reconfiguration of a Lot Environment and Infrastructure Code Mackay Frame Locality Code and Urban Expansion Zone Code Coastal Management and Biodiversity Code Bushfire Management Overlay Code Landscape Character Overlay Code

APPLICANT DETAILS

Applicant Northern Views Pty Ltd

Consultant Innovative Planning Solutions



SECTION 2 – APPLICATION DETAILS

The Application

1. This town planning report is prepared in support of a Development Permit application for a

Reconfiguration of a Lot (1 lot into 365) for a residential subdivision on land at 21 Florence Street,

Eimeo.

The Subject Land

2. The subject land is legally described as Lot 23 on K124412 and has an area of 37.636 hectares. The land

has a frontage of approximately 700m to Florence Street (see Smartmap at Attachment 1).

3. The land has historically been used for farming purposes however has not been used for such purposes

(and has remained fallow) in recent years.

4. The land is predominantly cleared but features an area of vegetation predominantly existing along the

south eastern boundary of the site (see Aerial Plan at Attachment 2). The land slopes gradually from

west to east and generally towards a coastal wetland at the south eastern corner of the site.

Surrounding Land Use Context

5. The land adjoins the Blacks Beach Cove development to the east and the Plantation Palms residential

development to the west. Land to the south is zoned open space and is generally described as low

lying coastal wetlands. Land to the north is also zoned urban expansion land and is therefore intended

for future urban development such as that proposed by this application. The Land Use Context Plan at

Attachment 3 further illustrates the above land use context in greater detail.

6. Importantly the land provides the ‘missing link’ of a major collector street (Chenoweth Drive) serving

the Northern Beaches area and residential development in this locality. This major road element is

incorporated in the subdivision layouts for both the Blacks Beach Cove development and the

Plantation Palms development. Once completed the road will provide direct and convenient

connectivity to the Northern Beaches Central Shopping Centre and Mackay City Centre beyond. This

missing link has been provided as a key infrastructure item within the development.

7. Table 1 is a summary of the adjoining land uses and facilities available in the surrounding area.

Table 1 – Adjoining & Surrounding Land Uses

North Undeveloped urban expansion land with residential development beyond

East Existing and approved stages of Blacks Beach Cove residential estate

South Zoned open space area and related low lying coastal wetlands



Table 1 (cont.) – Adjoining & Surrounding Land Uses

West Existing and approved stages of Plantation Palms residential estate

Proximate Facilities

900m Blacks Beach Tavern (cnr Slater Ave and Blacks Beach Rd)

1.5km Child care centre and day care facility (on Slater Ave)

1.8km Open space (beach walkway on Turtle Pl)

2km Open space (park on Camilleri St)

2km Bus stop connecting to Northern Beaches bus route (Old Eimeo Road)

2.5km Northern Beaches Central Shopping Centre

8. Town Planning Assessment – Clearly the subject land’s location is convenient with respect to existing

services and facilities and will complement the future commercial and residential development also

planned for the locality.



SECTION 3 - PROPOSAL DETAILS

Proposal Details

9. The proposal is to develop the land for medium density residential housing purposes (365 residential

allotments at various sizes and type). The Development Layout Plan is included at Attachment 9. The

key development parameters for the development are summarised below in Table 2.

Table 2 - Key Development Parameters

Land Area 37.636 haProposed no of lots 365

Proposed no of stages 4 stages

Lot size range 220-600m2

Residential density 25 dwellings per hectare

Area of road reserve 90,652m2

Area of Open Space

Park 5542m2

Drainage reserve 5082m2

Ecological open space 127,641m2

Total 138,265m2 (36% site area)

10. Extension of Blacks Beach Cove – The development will form part of the existing Blacks Beach Cove

development as Stages 16-19. Staging is proposed to occur as shown on the Development Layout Plan

at Attachment 9. Access to the development will be through the existing Blacks Beach Cove

development by an extension of Chenoweth Drive. The land has direct access to all necessary urban

infrastructure through the existing Blacks Beach Cove development and as such represents an efficient

and sequential use of such infrastructure (a key outcome for development proposed in the Urban

Expansion zone).

11. Density and Lot Types – The Northern Beaches Smart Growth Plan 2030 prepared by the Mackay

Council contains density targets for various neighbourhoods in the Blacks Beach District Centre (see

Smart Growth Concept Plan at Attachment 6). The density preference for the land is 20 DPH. The

proposed development density is approximately 25 dwellings per hectare. This slightly denser

residential form is suitable given the land’s convenient location with respect to existing and future

services, facilities and infrastructure and the significant portion of the site set aside for open space.

Such density is achieved by the inclusion of a wide variety of lot sizes and typologies.

12. Small Lots – Design Control Plans have been produced to guide built form on the smaller lots that are

proposed as part of the application (see Attachment 11). Two plans have been produced: one for villa

lots (300m2) and one for terrace lots (225m2). These plans include the following controls:

(a) Maximum allowable building envelope, site cover and plot ratio

(b) Minimum area of private open space and indicative location



(c) Minimum setbacks

(d) Building height controls and maximum building envelope for second storeys

(e) Minimum requirements for screen fencing and landscaping

These plans demonstrate how a liveable and presentable detached house containing all necessary

infrastructure and amenities can be achieved on the created allotments.

13. Open Space – The development provides significant areas of open space to complement the

residential development (13.3 hectares and 36% of the total site area). This open space comprises a

park in the north-west of the development and significant open space (wetland and vegetation

reserve) along the eastern extent of the development as well as necessary drainage reserve. These

areas of open space will be a key feature of the site.

14. Urban Design Outcomes – An Urban Design Concept Plan has been prepared for the development and

is included at Attachment 10. This plan highlights the key urban design outcomes of the proposed

development including:

(a) Provision of a diverse range of lot sizes and types;

(b) Logical integration with future development to north;

(c) Provision of major circulation along the ecological conservation area which contributes to a

unique sense of place;

(d) View-lines along key entry roads to vegetation and significant topographical features to

reinforce unique place-making opportunities;

(e) Availability of recreational trail opportunities and pedestrian/cycle connection to major park

to east (to be resolved by future detail);

(f) Treatment of roundabouts at key intersections provide way-finding opportunities;

(g) A permeable street network (no cul-de-sacs proposed);

(h) A diversity in street design (widths and provision of street trees) to assist in way-finding &

place-making.

15. Summation – The proposed development is a logical extension of residential development occurring

to both the east and west of the site. The site will form part of the existing Blacks Beach Cove estate

and utilise infrastructure from this development where possible. The residential density of the

development is appropriate given its proximity to existing and future services and facilities. The

development proposes a significant amount of open space which will be a feature for residents and

also ensures ecologically significant features are protected. The proposed development incorporates

urban design principles to ensure a legible, liveable and vibrant residential community and provides

logical connection points to allow for future development (particularly on land to the north).



SECTION 4 - PLANNING CONSIDERATIONS

STATE GOVERNMENT DOCUMENTS

Mackay, Isaac and Whitsunday Regional Plan and associated State Planning Regulatory Provisions

16. The subject land is located in the Mackay, Isaac and Whitsunday Regional Plan (MIWRP) area. The land

has a designation of Urban Footprint / Major Development Area (see Regional Plan Map Extract at

Attachment 8). The Urban Footprint designation is intended to accommodate the full range of urban

activities including housing, industry, business, infrastructure, community facilities and urban open

space. On 26 October 2012 the Regulatory Provisions for the Mackay, Isaac and Whitsunday were

repealed by the State Government. As such the intent of the Regional Plan is still to be taken into

account in Council’s assessment of the application, however the Regulatory Provisions do not apply.

Town Planning Assessment – The proposed development is for residential development within the

designated Urban Footprint boundary. The MIWRP encourages residential development on greenfield

development sites in the Urban Footprint and as such the proposal furthers the intent of the Regional

Plan.

State Planning Policies

17. There are no State Planning Policies relevant to the assessment of the application.

Proposal Definition

18. The proposal is defined at Part 3 of the Sustainable Planning Act 2009 as:

reconfiguring a lot means—(a) creating lots by subdividing another lot;

Town Planning Assessment – This definition accurately describes what is proposed by this application.

LOCAL GOVERNMENT PLANNING DOCUMENTS

MACKAY PLANNING SCHEME 2006 – THE CURRENT SCHEME

Planning Scheme Land Designation

19. The relevant planning scheme designations of the land are set out in Table 3 below.

Table 3 – Planning Scheme Designation

Locality Mackay Frame

Precinct McCreadys Creek

Planning Area Rural View Planning Area

Zoning Urban Expansion



Planning Scheme Zoning Considerations

20. The majority of the land is located within the ‘Urban Expansion’ zoning pursuant to the Mackay

Planning Scheme with a smaller part of the land being zoned for open space purposes (see Planning

Area Map Extract included at Attachment 4). Also included at Attachment 4 is an overlay of this zoning

on the Development Layout Plan.

21. The proposed development responds to these zonings by providing two clearly distinguishable land

areas:

(a) A development footprint containing the proposed allotments and associated road, drainage and

park infrastructure; and

(b) A significant area of Ecological Open Space containing retained remnant vegetation and areas for

ecological rehabilitation.

Open Space Zoning Considerations

22. The alignment of the Ecological Open Space Area has been rationalised to align with the findings of a

detailed Environmental Assessment (see Attachment 13) and Property Map of Assessable Vegetation

(see Attachment 14) which have been prepared for the site.

23. Table 4 is an analysis of the open space and developable land area provided for by the Planning

Scheme Zoning Map compared with what has been provided by the development layout.

Table 4 – Zoning Areas ComparisonLand zoned in Open Space Zone by Mackay Planning Scheme11.38ha (29% of site)

Land zoned in Urban Expansion Zoneby Mackay Planning Scheme26.95ha (71% of site)

Land Provided as Ecological Open Spaceas part of proposed development12.76ha (33% of site area)does not include park and drainage reserve areas

Proposed development footprint24.87ha (66% of site area) includes road reserve, park and drainage reserve – excludes ecological open space

24. The proposed development provides ecological open space to an extent that is significantly greater

than the area shown on the planning scheme zoning map. The extent and alignment of these open

space areas reflects the true extent of environmental values on the site identified by the Ecological

Assessment at Attachment 13.

Urban Expansion Zoning Considerations

25. The Planning Scheme seeks the following outcomes for land in the Urban Expansion zone:

(a) Land included in the Urban Expansion Zone is retained in low-level largely rural use until required for development such that its future use for urban development is not compromised by inappropriate development.



26. The proposed development achieves the overall outcomes for the Urban Expansion Zone in the

following ways:

(a) The subject land has been utilised for agricultural uses in the past, however the development

of the adjoining land to the east and west for residential housing means that development of

the subject land for residential purposes is a logical next step. This intent is reflected by both

the Mackay Planning Scheme and the Draft Mackay Region Planning Scheme which zones the

land for Low Density Residential purposes.

(b) No intensification of uses existing prior to the Mackay Planning scheme are proposed;

(c) As mentioned above, the subject site is a logical extension to residential development

surrounding the site. As such it is able to utilise this existing infrastructure and will contain all

appropriate infrastructure and facilities to cater to the needs of the proposed resident

population and those of surrounding residential areas;

(d) The development proposed by this application is wholly residential nature. A variety of lot

sizes and types are proposed. Residential density is proposed at 1 dwelling unit per 403m2 of

developable site area. Building height will not be more than 3 storeys in height. Significant

(b) Intensification of uses which existed prior to this planning scheme is not consistent with the role of the zone for future urban development.

(c) Any development in the Urban Expansion zone occurs in an orderly, comprehensive and integrated manner reflecting a least cost approach, and provides all necessary development infrastructure, community infrastructure and community facilities and services commensurate with the needs of the likely residential population.

(d) Development of Urban Expansion zoned land provides for a Master Planned community that:-

Is predominantly residential in nature; Has varying residential densities (not exceeding 1 Dwelling Unit per 400m2 over the

whole site); Has buildings not greater than 3 storeys in height; Incorporates support uses for the residential communities such as local commercial

and community purposes, which are co-located with recreational open space and schools in nodes;

Allows residents to walk and cycle safely throughout the development within open space linkages to access any recreation/commercial/community nodes;

Employs water sensitive urban design principles; and Is designed to provide a generally low traffic speed and safe residential environment.

(e) Within the Pioneer River (Urban) precinct, the orderly development of Urban Expansion zoned land results in the establishment of effective open space buffers to good quality agricultural land.



areas of open space have been provided throughout the development. Engineering design

has demonstrated that the development’s stormwater can be adequately managed and a low

traffic speed and therefore safe residential environment can be achieved;

27. Summation – The proposed development is wholly consistent with the overall outcomes of the Urban

Expansion Zone and importantly, the clear masterplanning / structure planning intent for the land

articulated in current forward planning documents by the Northern Beaches Smart Growth Plan.

Forward Planning Documents and Considerations

28. Draft Mackay Region Planning Scheme – The Draft Planning Scheme for the Mackay Region was

released for public consultation in May 2013. The Draft Planning Scheme zones the majority of the

land for low density residential purposes with a small area zoned as open space (see Draft Planning

Scheme Map included at Attachment 7).

29. Town Planning Assessment – This Draft Planning Scheme zoning builds on the existing zoning of the

land as Urban Expansion and reaffirms the intent for the land to be developed for low density

residential purposes with part of the site intended be retained for open space conservation purposes.

These outcomes are reflected by the development proposal.

30. Northern Beaches Smart Growth Plan 2030 – The Northern Beaches Smart Growth Plan 2030 was

released by the Mackay Council in February 2012. This plan was prepared to guide planning in

Mackay’s Northern Beaches in response to increasing population and demand for residential housing.

The Northern Beaches Structure Plan Map is included at Attachment 6. The plan contains principles to

guide masterplanning new development within the area. The following outcomes are envisaged for

the Blacks Beach District Centre which the land forms a part of:

(a) The residential density preferably is 20 dwellings per hectare within N20

Neighbourhoods in accordance with the Structure Plan.

(b) Each neighbourhood is encouraged to provide a varied range of housing at

different price choice points.

(c) Building heights will desirably range from one to three storeys.

(d) Within each neighbourhood a discernible core green space is encouraged as well

as small neighbourhood greens which provide good connectivity to the linear

open space network.

31. Town Planning Assessment – The proposed development has been designed to align with the

outcomes of the Smart Growth Plan, specifically:



(a) The residential density for the development is around 25 dwellings per hectare. This density is

suitable and appropriate for the land given its proximity to existing services and facilities as well

as proximity to the future major centre. The development also retains some 36% of the site in

open space to complement the proposed residential development outcomes and provide

valuable recreation and leisure opportunities.

(b) The development provides for a mix of allotments sizes and types which will cater for a variety in

housing types and price points and assist in achieving the desired residential density for the site.

(c) The mix of allotment types proposed will allow for housing types varying between one and three

storeys throughout the development.

(d) A significant portion of the site is allocated to open space. This open space consists of a

neighbourhood park in the north west of the site as well as a significant ecological open space

area along the eastern extent of the site. The ecological open space area allows opportunities for

recreation trails and a pedestrian / cycle connection through the site to the park in the north-

west.

32. Summation – The proposed development incorporates the ‘smart growth’ principles recommended by

this plan to create a liveable and functional future residential neighbourhood.

Level of Assessment and Applicable Codes – The Current Scheme

33. The Table of Development Assessment for the Mackay Frame Locality in the Mackay Planning Scheme

makes Reconfiguration of a Lot Code Assessable development in all circumstances. None of the

Overlay Assessment Tables makes the application subject to a higher level of assessment.

34. As such the proposed development is only required to comply with the relevant State Planning

Documents and Planning Scheme Codes. The following Planning Scheme Codes and are relevant to the

assessment of the application. Overlay Codes are addressed in the next section of this report.

(a) Reconfiguration of a Lot Code – This code has been assessed in full and is included at

Attachment 15 to this report. The proposal has been assessed to comply with either the

specific outcomes or probable solutions proposed by the code.

(b) Environment and Infrastructure Code – This code has been assessed in full and is included

at Attachment 16 to this report. The proposal has been assessed to comply with either the




(c) Mackay Frame Locality Code – This code has been assessed in full and is included at

Attachment 17 to this report. The proposal has been assessed to comply with either the


Overlay Mapping and Codes – The Current Scheme

35. The subject site is mapped as being affected by several Planning Scheme Overlays (the relevant

Overlay Maps are included at Attachment 5). These mapped overlays are addressed in turn as follows:

(a) Acid sulphate soils – Part of the subject land is mapped as containing potential acid sulphate

soils (see Overlay Map at Attachment 5). When this overlay mapping is compared to the

proposed development layout it is evident that the part of the land mapped as potentially

containing acid sulphate soils is to be wholly retained in an ecological open space area. As

such no excavation or disturbance of acid sulphate soils in this area is proposed and this

overlay does not constrain the development proposed by this application.

(b) Bushfire management – the subject land is mapped as being within a medium bushfire hazard

area (see Overlay Map at Attachment 5). The development layout has been designed to

respond to this overlay in the following ways:

(i) Provide a road as a fire break along the full length of the ecological open space

area which is to be retained;

(ii) Provide roads as fire break along both sides of the park in the north-west of the

site to provide separation from retained vegetation on the adjoining land;

(iii) Provide opportunities for alternative emergency vehicle access (e.g. end of

Florence Street); and

(iv) All created lots will be serviced by reticulated water supply

These measures comply with the acceptable solutions set out in the Planning Schemes

Bushfire Management Overlay Code and as such this overlay does not constrain the

development proposed by this application.

(c) Wetland and biodiversity – A small part of the subject land is mapped as being within a

coastal wetland community and 100m buffer area (see Overlay Map at Attachment 5). When

this overlay mapping is compared to the proposed development layout it is evident that the

part of the land mapped as being within a wetland and buffer area is to be retained in

ecological open space.



This outcome is reaffirmed by the Ecological Assessment included at Attachment 13. This

assessment contains further detail about the ecological values found on the land and how

they are protected as part of the proposed development. Importantly this report also provides

an assessment of the proposal against the Coastal Management and Biodiversity Code. This

overlay is supported by the development proposed by this application.

(d) Landscape character – The subject land is mapped as containing landscape character values

(see Overlay Map at Attachment 5). This overlay is concerned with preserving scenic values of

the area through the retention of ecologically significant areas and vegetation (where

possible).

Overall the proposed development is consistent with this intent as the areas of the site that

contain ecologically significant values are to be retained as open space (comprising some 36%

of the site area). This open space area will be a key feature of the development and will

ensure the scenic amenity of the area is protected, maintained and enhanced. Connectivity (as

indicatively shown on the overlay code map) is provided between ecologically significant areas

occurring to the north-west and south-east of the site by the co-location of drainage and open

space areas running centrally through the site. These measures comply with the acceptable

solutions set out in the Landscape Character Overlay Code and as such this overlay does not

constrain the development proposed by this application.



SECTION 5 - CONCLUSIONS

36. This planning report is to support application is for a Development Permit for the Reconfiguration of a

Lot (1 lot into 365 lots) on land at 21 Florence Street, Eimeo.

37. The development is a proposed as a logical next stage of the existing Blacks Beach Cove estate. The

land is able to be serviced by all requisite urban infrastructure and is ideally located with respect to

both existing and future services and facilities including public transport, shopping facilities and open

space.

38. The proposal is to develop the land for residential purposes (365 residential housing lots) ranging in

size from 220m2 to 600m2 and associated roads, open space, park and drainage reserve.

39. The proposed development is consistent with the intent of the Mackay, Isaac and Whitsunday

Regional Plan and its designation as ‘Urban Footprint’ pursuant to this plan.

40. The proposed development is consistent with the land’s primary designation of ‘Urban Expansion’

pursuant to the Mackay Planning Scheme. The development is also consistent with the land’s partial

designation of open space.

41. The proposed development is consistent with the intent of the Northern Beaches Smart Growth Plan

and in turn the Draft and currently advertised Mackay Region Planning Scheme. The development

proposed by this application incorporates the design principles for new development contained within

the Northern Beaches Smart Growth Plan.

42. The proposed development complies (or can be conditioned to comply) with all the relevant Mackay

Planning Scheme Codes.

43. Several overlays are relevant to the assessment of the application. Where true site constraints exist,

the development layout has been designed to appropriately respond to these constraints and they do

not prevent development of the land for the purposes proposed by this application.

44. In summary, the proposed residential development is a suitable and appropriate outcome for the land.

The proposal has demonstrated compliance with all the relevant statutory planning documents and

should therefore be approved subject to the imposition of reasonable and relevant conditions.