4
ORDINARY MEETING
1
25 MAY 2016
REQUEST FOR CONSIDERATION UNDER SUPERSEDED PLANNING
SCHEME
FOR
PROPOSED
RECONFIGURING
A
LOT
(CODE
ASSESSABLE) DEVELOPMENT APPLICATION AT 116 – 124 COTTESLOE
DRIVE, KEWARRA BEACH
I Elliott-Smith | 8/35/110 | #5090640
PROPOSAL:
REQUEST FOR CONSIDERATION UNDER
SUPERSEDED PLANNING SCHEME FOR
PROPOSED RECONFIGURING A LOT (CODE
ASSESSABLE) DEVELOPMENT APPLICATION
APPLICANT:
KENFROST (1987) PTY LTD
C/- PLANNING PLUS
PO BOX 8046
CAIRNS QLD 4870
LOCATION OF SITE:
116 – 124 COTTESLOE DRIVE,
KEWARRA BEACH
PROPERTY:
LOT 300 ON SP274755
PLANNING SCHEME:
CAIRNSPLAN 2009
PLANNING DISTRICT:
CAIRNS BEACHES
PLANNING AREA:
RESIDENTIAL 2
REFERRAL AGENCIES:
NOT APPLICABLE AT THIS STAGE
NUMBER OF SUBMITTERS:
NOT APPLICABLE AT THIS STAGE
STATUTORY ASSESSMENT
DEADLINE:
30/05/2016
APPLICATION DATE:
16/04/2016
DIVISION:
9
APPENDIX:
1.
PRELIMINARY CONCEPT PLAN
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LOCALITY PLAN:
RECOMMENDATIONS:
A.
That Council approves the request for the proposed Development
Application for Reconfiguring a Lot (Code Assessable) over land described
as Lot 300 on SP274755, 116 – 124 Cottesloe Drive, Kewarra Beach to be
assessed under the Superseded Planning Scheme being CairnsPlan 2009.
B.
That as per Section 99 of the Sustainable Planning Act 2009, Council notifies
the Applicant that a Development Application for the proposed development
must be received by Council within six (6) months of the date of Council’s
decision to approve the request to accept the proposed Development
Application under the Superseded Planning Scheme being CairnsPlan 2009.
C.
That Council notifies the Applicant that the proposed development as
outlined in the request may, if it were to be approved by Council, result in
changes being required to existing Development Approval(s) in effect over
the subject land to ensure that any conditions are not inconsistent with
existing development approval(s) (s347, Sustainable Planning Act 2009).
D.
That Council notifies the Applicant, that in addition to the Codes identified
as Applicable Codes within section 4.2.3 of the written request and without
limiting other relevant matters, the following additional matters would also
need to be addressed as part of any future Reconfiguring a Lot Development
Application (Superseded Planning Scheme):
i.
Flood Management Code of CairnsPlan 2009;
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ii.
Interim Development Assessment Requirements contained within Part
E of the Single State Planning Policy; and
iii.
Relevant provisions of the FNQ Regional Plan 2009–2031.
EXECUTIVE SUMMARY:
Council is in receipt of a request for a proposed Development Application to be
assessed under the Superseded Planning Scheme being CairnsPlan 2009. The
proposed development is for Reconfiguring a Lot over land situated at 116–124
Cottesloe Drive, Kewarra Beach.
Representations made by the Applicant in the request state that the primary reason for
the request is that changes to the zoning of the property under CairnsPlan 2016 have
the effect of increasing the level of assessment for the proposed development from
Code Assessment to Impact Assessment i.e. the application would be assessed against
the entire Planning Scheme and would also require Public Notification. The Applicant
considers that this change, in addition to the introduction of certain overlays, has the
effect of “disadvantaging the proposed development”.
There is a risk for Council if it were to refuse the request for Superseded Planning
Scheme assessment in that an Impact Assessable application would permit third parties
the opportunity to make properly submissions and consequently be granted appeal
rights. In a scenario where Council refuses the request for Superseded Planning
Scheme assessment and grants approval of a future application, third parties may
commence appeal proceedings against such an approval or the conditions attached to
such an approval. If successful, this could lead to Council being exposed to the
compensation provisions of the Sustainable Planning Act (2009) relating to reduced
value of interest in land.
Given the proposed development illustrated on the submitted Concept Plan and detailed
in the written representations does not extend to within the Conservation Zone of
CairnsPlan 2016 and that an application under the Superseded Planning Scheme would
still require a comprehensive assessment against the applicable planning scheme
codes and Interim Development Assessment Requirements of the Single State Planning
Policy, Officers recommend that in this instance, Council approve the Applicant’s
request for Superseded Planning Scheme assessment.
TOWN PLANNING CONSIDERATIONS:
Background
The land included as part of this request has been subject to a number of previous
Development Applications for Reconfiguring a Lot, Material Change of Use and
Operational Works.
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Prior to the commencement of the now Superseded CairnsPlan 2009, a Code
Assessable Material Change of Use Development Application for a Retirement Village
comprising 120 bed nursing facility, 293 dwelling units and associated facilities was
received by Council in December 2008 (Council Reference 8/7/1509). The application
was originally approved by Council in February 2011 after comprehensive negotiations
with the Applicant. Subsequent to this approval, the Applicant submitted a request for a
Negotiated Decision Notice. This request was ultimately approved at Council’s
Planning & Environment Committee Meeting of 14 September 2011.
Council granted an extension to the Relevant Period for this Development Approval in
October 2015. The approval is currently due to lapse on 15 September 2019.
More recently, the parent parcel (Lot 203 on SP165258) was subdivided into 2 lots
under an existing Development Approval (Council reference 8/13/1741).
The
subdivision was registered with the Department of Natural Resources and Mines in
February 2016.
After the registration of the new titles above, an Operational Works application was
approved by Council in early April 2016 (Council Reference 8/10/385). This approval is
to facilitate the construction of the first stage of the approved Retirement Village
(Nursing Facility). Construction works are currently underway in accordance with this
approval.
Proposal
The request for Superseded Planning Scheme assessment has been made under
Section 95(1)(b) of the Sustainable Planning Act (2009). The Applicant has requested
that Council agree to assess and decide a Development Application for Reconfiguring a
Lot under the Superseded Planning Scheme being CairnsPlan 2009. The Form 2
description of the proposed development included by the Applicant is “Residential
Subdivision”.
As part of the information supporting the request, the Applicant has submitted a
Preliminary Concept Plan detailing 62 lots varying in size from 375m2 up to 627m2. The
northern portion of the site is shown as a Balance Lot of 2.04ha; however written
representations submitted as part of the request indicate that a future application
submitted to Council would include additional allotments within this area.
Under the Superseded Planning Scheme, the entire site is located within Residential 2
Planning Area of the Cairns Northern Beaches District. Within this Planning Area, the
proposed development is identified as Code Assessable under the District Table of
Assessment.
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Under CairnsPlan 2016, the site is designated partly within the Low-Medium Density
Residential Zone and partly within the Conservation Zone. Reconfiguring a Lot is
designated as Code Assessable within the Low-Medium Density Residential Zone.
However, given the proposed development necessarily includes the whole of the site, a
future application would trigger Impact Assessment given the Table of Assessment for
the Conservation Zone identifies Reconfiguring a Lot as Impact Assessable
development.
Officers sought clarification from the Applicant in relation to the final layout of the
development proposal to ensure that Council is informed of the scope of the future
application given that part of the site has been designated within the Conservation Zone
of CairnsPlan 2016. On 18 May, the Applicant confirmed that the current intent is to
lodge a development application solely within the lot subject of the request to Council.
Planning Considerations
In assessing the request, Officers have considered a number of relevant planning
matters including the zoning for the portion of the property proposed to be developed
i.e. the actual footprint of the proposal and the effect of relevant planning scheme
mapping, overlays and codes from both CairnsPlan 2009 and CairnsPlan 2016.
With regards to the ‘zoning’ of the site, under CairnsPlan 2009, the site is wholly within
the Residential 2 Planning Area. The Planning Area Code provides the following
purpose statements with regards to development:
-
The development of a wider choice of housing in terms of form and size to meet
the needs of a diverse population is facilitated;
-
More innovative housing solutions are facilitated;
-
Higher densities are located within reasonable walking distance to public transport,
centres, community facilities and open space;
-
Travel distances from residential uses and tourist and short term accommodation
uses to public transport, centres, community facilities and open space should be
minimised and walking and cycling encouraged;
-
Efficiencies in the use of land and in the provision of physical and social
infrastructure in developing residential neighbourhoods are facilitated through the
orderly and sequential development of land;
-
Consolidation and the more efficient use of existing infrastructure within the
established residential areas included within this Planning Area are facilitated;
-
The scale and density of development contributes to a high standard of residential
amenity;
-
The establishment of facilities which provide ancillary services to the local
community is facilitated.
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Under CairnsPlan 2016, the site is designated within the Low-Medium Density
Residential Zone. The Zone Code states that the purpose of the code will be achieved
through the following overall outcomes:
-
a range of accommodation activities are provided on a range of lot sizes;
-
a high level of residential amenity is maintained, having regard to traffic, noise,
dust, odour, lighting and other locally specific impacts;
-
a mixed residential density and character is achieved;
-
a low rise character is achieved;
-
development reflects and responds to the natural features and constraints of the
land;
-
community facilities, open space and recreational areas and appropriate
infrastructure to support the needs of the local community are provided, enhanced
or maintained;
-
non-residential uses are established where they serve the local community and do
not detract from the residential amenity of the area.
Officers consider that both the Residential 2 Planning Area Code of CairnsPlan 2009
and the Low-Medium Density Residential Zone Code of CairnsPlan 2016 seek to
achieve very similar development outcomes in relation to built form, range and variety of
housing product, scale and density of development and the promotion of a high level of
residential amenity.
A review of the relevant Overlays and associated mapping affecting the site indicates
that for both Planning Schemes, the site contains designated vegetation, a waterway,
potential bushfire hazard areas and is subject to potential or actual acid sulphate soils.
Officers do not consider that there is a significant difference between the effect of the
Overlay Mapping in the Superseded Planning Scheme to that of CairnsPlan 2016.
As part of Officers’ assessment, the request was referred to Council’s Strategic
Planning branch for review and comment. The following comments were received from
Strategic Planning:
-
It is likely that the assessment of the development against CairnsPlan 2009 will
result in a similar outcome for development on the site. Specifically, the
application will need to be assessed against the Interim Development Assessment
Requirements contained within Part E of the Single State Planning Policy and the
Far North Queensland Regional Plan 2009 – 2031; both of which were not
appropriately reflected in the now Superseded Planning Scheme.
-
The Applicant included with the request a list of applicable codes contained within
CairnsPlan 2009. A review of this list indicated that the Applicant had not
identified that the Flood Management Code would be an applicable code given the
site contains a waterway.
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Public Notification / Submissions
Under the Superseded Planning Scheme, the proposed Development Application for
Reconfiguring a Lot would not require Public Notification. If the application were lodged
under the current Planning Scheme, Public Notification would be required and any
person or entity that made a properly made submission would be entitled to certain
appeal rights.
In a scenario where Council were to refuse the request for Superseded Planning
Scheme assessment and a subsequent Impact Assessable application was submitted,
third parties who make a properly made submission would have the option of
commencing appeal proceedings. Such appeal proceedings, if successful, could lead
to a situation where Council may be exposed to the compensation provisions of the
Sustainable Planning Act (2009) relating to reduced value of interest in land.
State Referrals
The subject site contains a small portion of Endangered Regional Ecosystem in the
northern corner of the property and referral of the application to the Department of
Infrastructure, Local Government and Planning may be required for Vegetation Clearing
matters.
Infrastructure Charges
The proposed development, if approved, would trigger the levying of Infrastructure
Charges. These charges would be calculated at the time of determining any future
Development Application.
Summary
The primary issue of concern to the Applicant is the fact that under CairnsPlan 2016,
the proposed development triggers a higher level of assessment than under the
Superseded Planning Scheme i.e. Impact Assessment rather than Code Assessment.
The risk for Council if it were to refuse the request for Superseded Planning Scheme
assessment is that an Impact Assessment application would permit third parties the
opportunity to make properly submissions and consequently be granted appeal rights.
In a scenario where Council refuses the request for Superseded Planning Scheme
assessment and grants approval of a future application, third parties may commence
appeal proceedings against such approval. If successful, this could lead to Council
being exposed to the compensation provisions of the Sustainable Planning Act (2009)
for reduced value of interest in land.
Given the proposed development illustrated on the submitted Concept Plan and detailed
in the written representations does not extend to within the Conservation Zone of
CairnsPlan 2016 and that an application under the Superseded Planning Scheme would
still require a comprehensive assessment against the applicable planning scheme
codes and Interim Development Assessment Requirements of the Single State Planning
Policy, Officers recommend that in this instance, Council approve the request for
Superseded Planning Scheme assessment.
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Ian Elliott-Smith
Planning Officer
Action Officer
Peter Boyd
Manager Strategic Planning & Approvals
Kelly Reaston
General Manager Planning & Environment
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APPENDIX 1: PRELIMINARY CONCEPT PLAN
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