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Gympie Regional Council
MINUTES
of the
PLANNING & DEVELOPMENT COMMITTEE MEETING
CHAIRMAN: Cr Ian Petersen
Held in the Boardroom Old Bank Building
Cnr Nash & Channon Streets, Gympie Qld 4570
On Wednesday 4th June 2008 at 9.00 a.m.
For Adoption at the General Meeting to be held on Wednesday 11th
June 2008
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Gympie Regional Council
PLANNING & DEVELOPMENT MINUTES Cr I.T. Petersen (Chairman),
Crs R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,
D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt
APPOINTMENTS etc. Nil. CONTENTS DECLARATION OF INTERESTS BY
COUNCILLORS
.................................................................................
3 CONFIRMATION OF PREVIOUS
MINUTES..................................................................................................
3 SECTION 1: STRATEGIC PLANNING MATTERS
........................................................................................
4
1/1 INTENTION TO PREPARE A STATE PLANNING POLICY FOR HIGH IMPACT
INDUSTRY .............................. 4 1/2 SPORT RECREATION AND
PARKS COORDINATING COMMITTEE REPORT - MAY
MEETING...................... 6
SECTION 2: PLANNING APPLICATIONS
......................................................................................................
9
2/1 DA15699 – MATERIAL CHANGE OF USE – TO CHANGE THE LAND USE
ENTITLEMENTS FROM THE RURAL ZONE TO THE RURAL RESIDENTIAL ZONE AND
RECONFIGURING A LOT – SUBDIVISION TO CREATE 11 LOTS – 99 DEANS
ROAD, THE PALMS –
WILFERT................................................................
9 2/2 DA16035 – REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL
CHANGE OF USE – SHOWROOM & SHOP AND OPERATIONAL WORKS
(LANDSCAPING) – EDWIN CAMPION DRIVE, MONKLAND – CALARDU GYMPIE
........................................................................................................
20 2/3 DA17151 – MATERIAL CHANGE OF USE – SHOP – 98-102 RIVER ROAD
& 29 EXCELSIOR ROAD, GYMPIE – JTJK INVESTMENTS PTY LTD
..............................................................................................
26 2/4 DA15538 & DA17343– MATERIAL CHANGE OF USE -
MULTI-RESIDENTIAL (4 DUAL OCCUPANCIES) – 3 – 7 JAMES KIDD DRIVE,
GYMPIE – GYMPIE GARDENS PTY LTD .............. 36 2/5 DA15325 –
MATERIAL CHANGE OF USE – MULTI-RESIDENTIAL (102 DWELLINGS) – BATH
TERRACE, GYMPIE – ECORION PROPERTY PTY LTD
...................................................................
49 2/6 DA15578 – MATERIAL CHANGE OF USE TO APPLY LAND USE
ENTITLEMENTS OF THE RURAL .............. RESIDENTIAL ZONE &
RECONFIGURING A LOT – SUBDIVISION TO CREATE TWO (2) ADDITIONAL LOTS
– 124 CORELLA ROAD AND 12 CORELLA COURT, GYMPIE – MAX
TOMPKINS...................................... 63 2/7 DA11746 –
MATERIAL CHANGE OF USE – COMMERCIAL PREMISES (PROFESSIONAL OFFICES)
– 29 O’CONNELL STREET, GYMPIE – ENTERPRISE PROPERTY GROUP PTY
LTD...................................... 78
SECTION 3: RECONFIGURING A LOT
APPLICATIONS..........................................................................
93
3/1 REQUEST FOR COUNCIL TO WAIVE FEES ASSOCIATED WITH A PROPOSAL
TO SUBDIVIDE ONE (1) ADDITIONAL LOT FROM LOT 3 RP 907508 – 146
TANDUR-TRAVESTON ROAD, TRAVESTON – H & J OSTHAUG
...................................................................................................................................
93 3/2 DA16077 – REPRESENTATIONS – RECONFIGURING A LOT –
SUBDIVISION TO CREATE ONE (1) ADDITIONAL LOT – 159 CORELLA ROAD,
ARALUEN – T
LEAKE..........................................................
98
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Gympie Regional Council
3/3 DA17818 – REPRESENTATIONS – RECONFIGURING A LOT –
SUBDIVISION TO CREATE 137 ADDITIONAL LOTS – SORENSEN ROAD,
SOUTHSIDE – STATELAND PTY LTD ..............................
103
SECTION 4: PLANNING APPLICATIONS PENDING
...............................................................................
123
4/1 PLANNING APPLICATIONS PENDING
...................................................................................................
123 4/2 DEVELOPMENT APPLICATIONS
APPROVED.........................................................................................
145
SECTION 5: GENERAL MATTERS
..............................................................................................................
147
5/1 APPLICATION FOR AN EXTENDED HOURS PERMIT UNDER THE LIQUOR
ACT 1992 – RAINBOW BEACH HOTEL-MOTEL – CNR WIDE BAY ESPLANADE AND
RAINBOW BEACH ROAD, RAINBOW BEACH – OPAGEM PTY
LTD...............................................................................................
147 5/2 REQUEST TO CANCEL AGREEMENT REQUIRING COMMON OWNERSHIP –
BLACKGATE ROAD, AMAMOOR – DAVID SABISTON
..........................................................................................................
149 5/3 ANNUAL SPONSORSHIP FOR MASTER BUILDERS QUEENSLAND
......................................................... 155
SECTION 6: MATTERS FOR COUNCIL’S
INFORMATION....................................................................
156
NIL
...................................................................................................................................................................
156 SECTION 7: “IN COMMITTEE”
ITEMS.....................................................................................................
157
7/1 PLANNING AND ENVIRONMENT COURT APPEAL 3 OF 1994 – REZONING
APPROVAL FOR D.J. AND E.E. DAVIE AT HERRON AND LONG ROADS, PIE
CREEK....................................................................
157
SECTION 8: GENERAL
BUSINESS..............................................................................................................
158 8/1 BOUNDARY
SETBACKS.......................................................................................................................
158
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Gympie Regional Council
The meeting opened at 9.00 a.m.
PRESENT: Crs I.T. Petersen (Chairman), G.L. Engeman, L.J.
Friske, R.A. Gâté,
D.R. Neilson, J.A. Walker & J. Watt. Also in attendance were
Mr M Hartley (Director of Planning &
Development), Mrs KA Rolfe (Interim Manager Strategic Planning),
Ms T.M. Stenholm (Interim Manager Development and Compliance) and
Ms K. Sullivan (Minutes Secretary).
Crs J Watt, J.A. Walker and Ms T.M. Stenholm were not present
when
the meeting commenced. LEAVE OF ABSENCE: That a leave of absence
be granted to Cr R.J. Dyne and Cr A.J.
Perrett for meetings to be held on 3 June and 4 June 2008 to
attend Civic Leaders Conference as per Minute G40/05/08.
P01/06/08 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson
That the leave of absence from Cr R.J. Dyne and Cr A.J. Perrett
be accepted.
APOLOGIES: Nil DECLARATION OF INTERESTS BY COUNCILLORS
P15/06/08 – Cr J. Watt and Cr G.L. Engeman Material Personal
Interest. CONFIRMATION OF PREVIOUS MINUTES
P02/06/08 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson That the
Minutes of the Planning & Development Committee Meeting held on
21st May 2008 be taken as read and confirmed.
Carried.
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Gympie Regional Council
SECTION 1: STRATEGIC PLANNING MATTERS
1/1 Intention to Prepare a State Planning Policy for High Impact
Industry
Re: Minute: P03/06/08 Intention to Prepare a State Planning
Policy for High Impact Industry
From: Acting Director-General, Department of Infrastructure and
Planning File: 6/6/06/0005 Date: 9 May 2008 “Following the Binary
fire at Narangba in 2005, there has been understandable community
concern about the proximity of high impact industries to
residential development and other potentially incompatible land
uses. In response, the State Government initiated the Accelerated
Planning Initiative – Improved Land Use Planning for Land Uses
project that is being delivered by the Department of Infrastructure
and Planning (DIP) in collaboration with a number of State
agencies. Arising from this work, an Options Paper was released
recommending, amongst other things, the drafting of a State
Planning Policy (SPP), and amendments to schedule 8 of the
Integrated Planning Act 1997 (IPA) to ensure that high impact
industries are appropriately planned and regulated throughout
Queensland. It is intended that the proposed SPP will also provide
a framework for appropriate planning and regulation of land uses
surrounding high impact industries in planning schemes, with the
aim of minimising the potential for land use conflicts and adverse
impacts. The proposed SPP is intended to relate to existing SPP’s,
and with relevant Environmental Protection Policies on Air, Noise
and Water. Whilst there are relationships with these policies, the
new SPP represents a clear and unambiguous Government policy
response to minimising the planning risks associated with high
impact industries throughout the State. As you may be aware, the
Government recently notified its intention to prepare a State
Planning Policy for High Impact Industry in the Queensland
Government Gazette on 11 April 2008, and subsequently in The
Courier-Mail on 12 April 2008. In this regard, you or your Council
have until 11 June 2008 to lodge a submission, which may include
information relating to those matters that might be considered
during the preparation of a SPP, or matters of support or
concern.
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Gympie Regional Council
All submissions should be sent to: High Impact State Planning
Policy Department of Infrastructure and Planning PO Box 15009 City
East Qld 4002 Or may be submitted online at:
[email protected]” After the close of submissions the
Deputy Premier and Minister for Infrastructure and Planning will
consider all submissions made, and determine the future process for
the development of an SPP. Although timeframes and processes are
subject to the Deputy Premier and Minister for Infrastructure and
Planning’s determination it is anticipated that a draft SPP would
be ready for public consultation by August 2008. I trust this
information is of assistance to you.” Report: (Manager Strategic
Planning – K.A. Rolfe) 1.0 Notification of Intent The State
Government notified its intention to prepare a State Planning
Policy (SPP) for High Impact Industry in the Government Gazette on
11 April 2008. The proposed SPP will provide a framework for
appropriate planning and regulation of land uses surrounding high
impact industries in planning schemes, with the aim of minimising
the potential for land use conflicts and adverse impacts 2.0
Submissions invited Council is invited to lodge a submission
including information on matters that should be considered, or
matters of support or concern. Closing date is 11 June 2008. 3.0
Draft SPP release date The draft SPP is anticipated to be ready for
public consultation by August 2008.
P03/06/08 Moved: Cr L.J. Friske Seconded: Cr G.L. Engeman
Recommend that Council receives the report on the proposed State
Planning Policy for High Impact Industry.
Carried.
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Gympie Regional Council
1/2 Sport Recreation and Parks Coordinating Committee Report -
May Meeting
Re: Minute: P04/06/08 Sport Recreation and Parks Coordinating
Committee Report - May Meeting
From: Manager Strategic Planning File: 6/6/07/0003 Date: 26th
May 2008 Report: (Manager Strategic Planning – K.A. Rolfe) 1.0
Appointment of Chairperson The first meeting was held on 8th May
2008. Cr Watt was appointed as Chairperson of the Committee. 2.0
Maidment Developments, Fairview Estate Discussions were held
regarding development of a local park in the Fairview Estate. It
was agreed to recommend to Council that a Local Park be established
using developer contribution funds in the 2008/2009 financial year.
There is an opportunity to create a shorter cycleway circuit by
detouring through the Fairview Estate parks to Old Maryborough Road
rather than continuing all the way along Corella Road. The Design
Department will be preparing a draft concept plan for the
Committee’s consideration. The Parks Manager will be liaising with
the local resident action group which is interested in beautifying
Fairview Estate. 3.0 Grants Grant opportunities were discussed.
Sport, Recreation and Racing (SRR) currently send information
through to clubs on their database. The Community Development
Officer is currently compiling a community group database and will
access the information available from SRR. Any grant information
emailed through to the Strategic Planning Manager will be forwarded
to Committee members for their information. 4.0 Open Space and
Recreation Plan Implementation Report Implementation actions for
the “Cooloola Shire Open Space and Recreation Plan” were
highlighted.
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Gympie Regional Council
4.1 All Abilities Playground Initial public consultation has
occurred and the advertising for a Playground Designer has
commenced. The carpark design is also progressing. 4.2 Jack Stokes
Expansion The opportunities for expansion of the Jack Stokes
grounds are being explored. 4.3 One Mile Expansion Funding for a
Master Plan for One Mile has been referred to the budget for
consideration. In the meantime the Parks Manager has received
offers to level an area for a future field however part of the area
is road reserve. It was agreed that initiating the closure of
Potter Street was an immediate action that could be taken. 5.0
Gympie Amateur Athletics Club Members of the Gympie Amateur
Athletics Club outlined their plans to relocate their facilities to
the AFL grounds at Six Mile. The AFL season is from 31st March to
31st August and Athletics would then have exclusive use of the
grounds for the next six months. The club was seeking advice from
Council regarding possible assistance with, and approval for, the
move. Initial concerns include the lack of suitable irrigation at
the grounds to keep it free from hazards. The running tracks are
potential trip hazards and extra usage would affect the hardness of
the grounds. Other safety issues include the lack of lighting for
the proposed location of the sandpits etc. Further details of the
proposal and the draft memorandum of understanding between the
clubs were considered essential prior to making a recommendation to
Council. An aerial photo and survey plan, together with a form for
describing the details of the proposal have been forwarded to the
club. 6.0 Funding Assistance Request Assessment Criteria A draft
form to guide Council’s decision making on requests for assistance
that are made outside of any current formal process was discussed.
The criteria from the Open Space and Recreation Plan were used.
Members considered that the form should be modified for use for
assessing all funding assistance requests. Further discussions with
the Finance Department were recommended.
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Gympie Regional Council
7.0 Park Inventory and Mapping As there is still a lot of work
to do to get an up-to-date inventory of park areas and
infrastructure and to map the various categories of Park across the
region, it was advised that assistance from all Departments would
be sought. The information will provide the information needed to
undertake a Parks Infrastructure Charges Schedule. 8.0 CoolPAT The
professional development opportunity for teachers, funded by
Council and Queensland Health, to include fun physical activities
into the class room was delivered by Kidssports on Tuesday 20th
May, 2008. Senior Executive Policy & Liaison Officer organised
a photographer and press release. Councillors Watt and Walker
attended on Council’s behalf. 9.0 Sport Recreation and Racing
Update A “Locker Room” has been organised for Gympie. It was
advised that Gympie Regional Council will now be serviced from
Maryborough with Rockhampton being head office. Maroochydore has
been incorporated into Brisbane Region. It was agreed Council
should take the opportunity to meet the new Manager on Tuesday 13th
May. Senior Executive Policy & Liaison Officer offered to
travel to Maryborough and report back to the Committee.
P04/06/08 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson
Recommend that Council establishes a Local Park on Lot 200 SP165739
to be funded from Parks Developer Contributions in the 2008/2009
financial year.
Carried. Mrs K.A. Rolfe (Interim Manager Strategic Planning)
left the meeting at 9.10 a.m. Ms T.M. Stenholm (Interim Manager
Development and Compliance and entered the meeting at 9.10 a.m.
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Gympie Regional Council
SECTION 2: PLANNING APPLICATIONS 2/1 DA15699 – Material Change
of Use – To Change the Land Use Entitlements
from the Rural Zone to the Rural Residential Zone and
Reconfiguring a Lot – Subdivision to Create 11 Lots – 99 Deans
Road, The Palms – Wilfert FILE NO: Minute: P05/06/08 DA15699
APPLICANT: Wendy Wilfert LANDOWNER: Horst & Wendy Wilfert RPD:
Lot 1 RP 839331 SITE ADDRESS: 99 Deans Road, The Palms PROPOSAL:
Material Change of Use – Rural to Rural
Residential Land Use Entitlements and Reconfiguring a Lot –
Subdivision to Create 11 Lots
EXISTING ZONE: Rural (1997 Scheme) STRATEGIC DESIGNATION: Rural
Residential LEVEL OF ASSESSMENT Impact APPLICATION ADVERTISED:
26/01/08 ADVERTISING CLOSED: 22/02/08 SUBMISSIONS: One (1)
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Gympie Regional Council
KEY POINT SUMMARY
• Application to create 11 Rural Residential lots within a Rural
Zone. • Application lodged for assessment against Council’s
Transitional
Planning Scheme 1997. • Property is Zoned Rural, however is
designated for Rural Residential
under Council’s Strategic Plan. • Site represents logical
extension of existing Rural Residential area. • Proposed lot sizes
are under the nominated minimum size of 1.5ha for
rural residential allotments in The Palms area, however are all
above 6,000m2.
• Part of the site is subject to localised flooding. •
Supporting Flood Study submitted has been based on 111ha
catchment calculation. • Council’s Design Department have
estimated the catchment to be
146ha and consider the flood study to be inaccurate. • Concern
exists regarding the ability of a number of lots to
accommodate acceptable building envelopes above the Q100 flood
level.
• MCU to change land use entitlements from Rural Zone to Rural
Residential Zone recommended for approval.
• Reconfiguring a Lot application recommended for Preliminary
Approval for subdivision layout clearly demonstrating that all lots
are able to accommodate building envelopes above Q100 level.
Report: (Planning Officer – K.M. Toomey) 1.0 INTRODUCTION This
application seeks Council’s approval for a Material Change of Use
for land use entitlements (rezoning in pre-IPA terms) to allow an
eleven (11) Lot Rural Residential subdivision on Deans Road, The
Palms. 1.1 The Site
The development site is located on Deans Road, The Palms,
approximately 950 metres from its intersection with Jimbour Road.
The site has an area of 13.65 hectares and is an ‘L’ shaped
allotment. The land has approximately 202 metres of frontage to
Deans Road, which is constructed to a single lane bitumen standard.
It is positioned on the fringe of the existing rural residential
area at The Palms and is currently improved by a single dwelling
and two small dams.
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Gympie Regional Council
The majority of the site has been cleared previously to
facilitate grazing and general rural uses and is classified as
being Class B Good Quality Agricultural Land. The site contains a
defined natural drainage line and as a result a portion of the site
along the eastern boundary is subject to localised flooding. The
topography is undulating with varying slopes generally between 9
and 15%. 1.2 The Proposal The proposal comprises the following two
components: Component 1 – A material change of use of the land to
allow land use entitlements of the Rural Residential Zone under the
Superseded Planning Scheme. Component 2 – Reconfiguring the land to
create a total of eleven (11) rural residential lots ranging in
size from 1.0ha to 1.64 hectares. The proposed layout is reproduced
below.
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Gympie Regional Council
1.3 Surrounding Land Use The surrounding land to the east of the
site is characterised by larger rural allotments, predominately
used for grazing purposes.
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Gympie Regional Council
Directly across Deans Road (to the South) consists mainly of
rural residential allotments as does the land along the northern
boundary of the site. A single parcel of land to the west of the
subject site is similar in size and is also zoned Rural. Zoning
Map
2.0 STATUTORY REQUIREMENTS 2.1 Intent of the Zone The intent of
the rural zone is primarily for rural uses, but it also allocates
land for future urban, rural residential or other purposes
designated in the Strategic Plan or a Development Control Plan. 2.2
Strategic Plan The subject site is wholly located within the ‘Rural
Residential’ preferred dominant land use designation in Council’s
Planning Scheme and is consistent with this strategy.
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Gympie Regional Council
The strategy indicates that favourable consideration will be
given to development which consolidates existing Rural Residential
areas. Evidence of the need to establish additional rural
residential development, outside the areas zoned for such purpose,
is also recognised as part of the strategy. 2.3 Compliance with the
Planning Scheme 2.3.1 Scheme Definition Under the arrangements of
the transitional planning scheme the Material Change of Use
component of the application requires ‘Impact Assessment’ and the
Reconfiguring a Lot component is ‘Code Assessable’. 2.3.2 Planning
Scheme Provisions The application is to be considered under the
superseded Planning Scheme and the following assessment is in line
with the 1997 Cooloola Planning Scheme. The Subdivision Design
Policy is applicable to the application, which prescribes minimum
development standards for subdivisions in the applicable zones. In
the rural zone, the provisions are as follows: Minimum Area 100 Ha
Minimum Frontage (F) 100m Minimum Rectangle n/a Maximum Frontage to
Depth Ratio 1:3 Lead-in Roads 2 lane gravel Frontage Roads 2 lane
gravel Services Nil As the applicant has applied for land use
entitlements of the rural residential zone the following standards
should apply to any approval: Minimum Area 1.5 hectares (for new
lots within the
Palms) Minimum Frontage (F) 50 m Minimum Rectangle 40m x 50m
Maximum Frontage to Depth Ratio 1:3 Lead-in Roads 2 lane bitumen
Frontage Roads 2 lane bitumen New Roads 2 lane bitumen Services Nil
The application does not comply with the subdivision of land
provisions in the scheme as it proposes lots less than the minimum
lot size and dimensions for both the Rural and Rural Residential
Zones within The Palms area.
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Gympie Regional Council
However, all proposed lots exceed the generally accepted
standard of 6,000m2 within Rural Residential areas throughout the
remainder of the region. It is considered that a reduced lot size
is therefore able to be supported, provided sufficient evidence
exists that the lots are able to accommodate suitable unconstrained
building envelopes and effluent disposal areas. 2.4 Local and/or
State Planning Policies Current Council mapping suggests the
majority of the site contains Class B Good Quality Agricultural
Land, however as the land has been designated for rural residential
purposes by Council’s Transitional Strategic Plan, it is considered
that State Planning Policy 1/92 has already been addressed. Further
the site’s size and positioning adjacent to rural residential
development limit its viability for agricultural purposes. No other
State Planning Policies are considered applicable.
3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal
and Need The site is considered a logical extension of the rural
residential area, however there are significant issues in relation
to the management and impact of localised flooding on the site.
These issues will need to be addressed through appropriate
subdivision design and lot layout prior to any approval being
issued. 3.2 Impact on Amenity No amenity concerns are raised by the
proposal given the adjoining rural residential development and
likely community expectation for development of this general area.
3.3 Site Access and Traffic A new road opening is proposed in order
to facilitate access to the new lots. Consideration of road
connections to adjoining lots is not required as adjoining sites
all have access to suitable roads and there is limited potential
for future subdivision within the immediate area. Road
contributions should apply to any approval, given that the site
would then be included within the rural residential development
area. Refer to Design Department report for further details
regarding traffic and access.
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Gympie Regional Council
3.4 Flooding The development site contains a natural drainage
line and part of the lot is known to be subject to flooding. As
such, a flood study was submitted in support of the proposal.
However, the study was based upon a catchment of 111 hectares,
which is significantly less than the catchment of 146 hectares
calculated by Council’s Design Department. A change in projected
flood height due to inaccurate calculations could jeopardise the
ability of a number of lots to adequately provide building
envelopes above the Q100 flood level. An amended flood study will
require submission, clearly demonstrating the ability of all lots
to accommodate an acceptable flood free building area prior to any
subdivision layout approval being issued. Note that an amended lot
layout may well be required as a result of varied parameters within
the flood study and therefore the current layout is unable to be
approved at this time. 3.5 Vegetation No significant vegetation is
mapped as occurring on the site and a subsequent site inspection
has also confirmed this to be the case. 3.6 Site Contamination This
site is not listed on the Environmental Management Register. 4.0
PUBLIC NOTIFICATION The application was publicly advertised in
accordance with the Integrated Planning Act 1997 and one (1)
submission was received. 4.1 Grounds for Submission Submitters
Issues Staff Response Deans Road is not constructed to a two-lane
standard.
All but one proposed lot are to have access via the new road
opening. The new road will be required to be constructed to
Council’s published standards (refer Design report).
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Gympie Regional Council
Proposed Lots 1,2,4,5 and 6 are situated in a flood inundation
area.
Valid comment which is to be addressed with an accurate flood
study. The final lot layout will need to reflect the findings of
the study.
Poor sight visibility for motorists entering Deans Road and
increased traffic numbers impacting on the safety of the Deans Road
/ Matthew Road intersection.
All lots will require accesses which meet the site distance
requirements of the Intersections at Grade code for 70km/h. This
appears to be achievable and should ensure that any safety concerns
are addressed. See Engineering Report for further details.
5.0 CONSULTATION
5.1 Internal
a) Design Department
Report: (General Manager Design Services Division - R.
Chapman)
This engineering report is based on the information submitted by
Martoo Consulting and accompanying flood study and geotechnical
report by GHD. TRAFFIC The site adjoins the area included in the
Rural Residential Sealed Roads Contribution Policy and if approved
to be included in the rural residential area it should be on the
basis of contributing the same as required under the policy
currently $9,983 per lot. FRONTAGE ROAD AND NEW ROAD Deans Road is
the single lane frontage road but all lots except lot 1 will have
access of the new cul de sac road proposed. The new road will be
required to meet the sight distance requirements of the
Intersections at Grade code for 70 kmh which should be achievable.
The new road will be required to be opened and constructed to
Council's published standards. Proposed lot 1 will require an
access to meet 70 kmh speed environment to Council's standard.
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Gympie Regional Council
FLOODING AND STORMWATER The site is inclusive of some low lying
land that becomes a flat water course during heavy rains
discharging from a catchment of approximately 146 ha. As such, the
applicant was required to submit a flood study showing the impacts
of a 1 in 100 year event in the catchment. This resulted in a
revised road and lot layout being submitted. However, a review of
this study shows that the catchment area considered was only 111 ha
with nominated flows of 25 cumecs which is 6.8 cumecs less than
Council's estimated flows. The applicant should be required to
resubmit the flood study to justify the results that were put
forward. EFFLUENT DISPOSAL The Geotechnical Report shows that
sufficient irrigation areas are available on each site for up to 5
persons / household above the 1 in 100 year flood line. However, as
this flood line is still subject to review, there is still some
doubt as to the ability of each lot to dispose of the effluent
satisfactorily. LOT LAYOUT The results of the flood study (and
effect on the effluent disposal area) will dictate the lot layout
as the revised layout shows relatively restricted areas for
proposed lots 1 to 6. Lot 2 may need a wider truncation to meet
intersection design. MISCELLANEOUS Electricity and telecom
facilities should be available with upgrades to the developers
cost. SUBMISSIONS The one submission received expressed concerns
regarding flooding which are being addressed. There is no intention
to upgrade the culvert under Deans Road so flows onto the site will
not be affected.
5.2 External No Concurrence or Advice Agencies were applicable
to the proposal. 6.0 CONCLUSION The application proposes a logical
extension of the rural residential area and should therefore be
supported. However, as the current flood study for the site is
considered to be based on inaccurate catchment calculations, any
future subdivision of this land should be restricted to those
sections of the property able to accommodate adequate building
envelopes above Q100 and a lot layout should not be approved prior
to the following work being undertaken:
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Gympie Regional Council
(i) an amended flood study showing revised catchment area. (ii)
if determined necessary, an amended lot layout to reflect the
recommendations of the revised flood study. (iii) if determined
necessary, amended geotechnical reports which reflect any
changes outlined in the revised flood study.
P05/06/08 Moved: Cr L.J. Friske Seconded: Cr R.A. Gâté
(A) Recommend that Council, as Assessment Manager, APPROVE
development application DA15699 for Material Change of Use – to
apply the land use entitlements of the Rural Residential zone over
Lot 1 RP8839331 located at 99 Deans Road, The Palms.
(B) Recommend that Council as Assessment Manager grant a
Preliminary Approval over Lot 1 RP839331 located at 99 Deans
Road, The Palms for Reconfiguring a Lot with an application for a
Development Permit incorporating the following design details: • a
subdivision layout with a supporting flood study, clearly
demonstrating adequate building envelopes within each proposed
new lot, unconstrained by the Q100 flood level and able to
accommodate acceptable effluent disposal areas.
Carried.
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Gympie Regional Council
2/2 DA16035 – Request to Change an Existing Approval for
Material Change of
Use – Showroom & Shop and Operational Works (Landscaping) –
Edwin Campion Drive, Monkland – Calardu Gympie Re: Minute:
P06/06/08 Request to Change Conditions of
an Existing Approval From: David Bannister and Company Pty Ltd
c/- Martoo
Consulting Approval Details: Development Permit for Material
Change of Use for
Showroom and Shop and Operational Work (Landscaping)
File: DA16035 Date: 20 February, 2008
Report: (Interim Manager Development & Compliance – T.M.
Stenholm) 1.0 Introduction Council approved a development
application for Material Change of Use – Showroom and Shop and
Operational Work (Landscaping) over this site at its General
Meeting held on 2 October 2007. Copies of the approved plans are
inserted following.
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Gympie Regional Council
2.0 Request to Change The applicant requests a reduction in the
water headworks contribution and deletion of condition 17. The
relevant conditions read:
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’12. Contribution is to be made towards Water Supply Headworks
in
accordance with Council’s Planning Scheme Policy 7: Water Supply
and Sewerage Headworks Contributions, Works External and Works
Internal. The contribution is currently assessed at $45 344,
however, the actual amount payable will be based on Council's
policy and the rate applicable, at the time of payment.
17. In accordance with Planning Scheme Policy 11: Roadworks
Contributions a contribution is to be paid toward road
improvements as a result of the increased traffic generated by this
development. The amount is currently assessed at $36 757, however
will be in accordance with Council’s Policy and the amount
applicable at the time of payment.’
3.0 Applicant’s Submission The applicant submits the following
to justify the request: Condition 12 - Reduction in Water Headworks
Contribution ‘The landowner has been required to construction(sic)
water mains between the second stage of the development (n.b.
currently under construction) into the surrounding water supply
network. The mains have a diameter of 150mm and should be
considered to be headworks items noting other 150mm water mains
have been identified as headworks items on Maps in Council’s
Planning Scheme Policy Number 7. The requirement to undertake these
works as well as pay full headworks contribution is in conflict
with the intent of relevant provisions in the Integrated Planning
Act 1997 and our understanding of relevant case law. Council’s
Planning Scheme Policy Number 7 also makes mention of the ability
to undertake certain water supply works in lieu of paying headworks
contribution. The landowner company is currently constructing such
works which are being undertaken at no cost to Council and are
costed at: • 150mm water main from Edwin Campion Drive along Eddie
James Road
to Langton Road (cost of $8500) • 150mm water Main from Edwin
Campion Drive to Eldorado Road (cost
$8000) Given the above the landowner company requests that the
amount of headworks contribution payable be reduced by $16500.00
(or equivalent tenements) and that this condition be amended
accordingly.’
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Condition 17 – Deletion of Roadworks Contribution ‘This
condition requires the payment of a contribution under Council’s
Policy 11: Roadwork’s Contributions. This policy, as currently
adopted by Council, provides no direction as to a range of matters
that is required to determine the basis on which such a
contribution has been calculated. Such a direction is provided to
some degree in Planning Scheme Policy 12 in relation to making
contributions towards the upgrading certain rural residential roads
only. This condition requires the payment of a contribution of
$36,757.00 to unspecified road upgrading works. The argument
presented by Council staff that this is an industry standard is of
no legal or town planning relevance whatsoever. Notwithstanding
this, Council’s above policy introduces the concept of undertaking
works in place of making a contribution as well as a combination of
certain works and a contribution. The landowner applicant company
wishes to highlight that it is currently undertaking the following
works at no cost to Council: • Upgrading to Brisbane Road (Tin Can
Bay Road) and Langton Road
intersection at no cost to Council. The landowner is undertaking
such works at a cost of at least $220,000.00. These works clearly
benefit other landowners and development in the locality and the
catchment of Langton Road. Council has obtained contributions from
other surrounding developments for intersection upgrading yet in
this instance the landowner is to upgrade the intersection as a
result of condition 2 issued by the Department of Main Roads as a
concurrence agency. It is reasonable to assume that the
contribution to be paid in this condition go towards these works in
the absence of a definitive planning scheme policy.
• Constructing the new road opening (Eddie James Road)
through
Council land and providing all necessary serves(sic) for the
development of Council’s land at not(sic) cost to cost(sic).
Obviously these works benefit Council’s land and in turn the
general community. The cost of these roadworks is in excess of
$206,000.00. Likewise it is possible to suggest that the
contribution to be paid in this condition could go towards these
works in the absence of a definitive planning scheme policy.
Given the above that landowner request that this condition
requiring the payment of a contribution of $36757.00 be deleted
noting that the landowner is undertaking roadworks on the
surrounding public road network costing at least $446,000.00.’
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4.0 Assessment Water Headworks Construction of an external water
main to service the industrial subdivision development is not a
headworks item and should not be deducted from headworks charges
for this proposal. As previously reported, headworks charges were
not charged on the original subdivision approval to create the lot.
Under the current Headworks Policy if no previous headworks
contribution have been paid nor any previous use rights exist
headworks may be levied with no credits applicable. Road
Contribution Advice received from engineering indicates the
contribution was calculated on 75% of the GFA industry standard
traffic generated rates for this development. There is merit in
reducing or waiving the road contribution given the development
site’s proximity to a declared main road (Brisbane Road),
significant external works required to be done by the Department of
Main Roads and roads within the industrial estate being fully
constructed to Council’s requirements. This being the case it is
difficult to justify where a road contribution could be spent that
is relevant to the development. Road contributions for other large
developments have previously been waived where there were
significant external works being undertaken by the developer that
have benefit to additional landowners (ie Centro). 5.0 Conclusion
It is recommended that Council not amend the condition requiring
payment of water supply headworks but delete the requirement for
payment of a road contribution.
P06/06/08 Moved: Cr L.J. Friske Seconded: Cr G.L. Engeman
Recommend that in relation to DA16035 for Material Change of Use –
Showroom & Shop and Operational Works (Landscaping) over Lot 38
SP185896 located at Edwin Campion Drive, Monkland, Council resolve
to issue an amended decision notice: (i) deleting condition 17.
Carried.
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2/3 DA17151 – Material Change of Use – Shop – 98-102 River Road
& 29 Excelsior Road, Gympie – JTJK Investments Pty Ltd FILE NO:
Minute: P07/06/08 DA17151 APPLICANT: JTJK Investments Pty Ltd
LANDOWNER: JTJK Investments Pty Ltd RPD: Lot 1 MPH171162, Lot 1
MPH7162,
Lot 1 MPH23371, Lot 1 MPH6535 SITE ADDRESS: 98-102 River Road
& 29 Excelsior
Road, Gympie CURRENT USE OF LAND: Vacant PROPOSAL: Material
Change of Use – Shop PLANNING SCHEME: 1997 Cooloola ZONE:
Commercial (Highway Services) PLANNING AREA: Gympie LEVEL OF
ASSESSMENT: Code (Inconsistent Use)
Report: (Interim Manager Development & Compliance – T. M.
Stenholm) 1.0 Introduction This application was previously reported
to Gympie Regional Council’s Planning and Development Committee
Meeting held on 16 April 2008.
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At this meeting the Committee recommended refusal of the
application based on non-compliance with car parking requirements
for a Shop. This recommendation was deleted at the subsequent
General Meeting to enable a further submission to be made by the
applicants. A full copy of the report and previous staff
recommendation is reproduced below.
‘Report: (Planning Officer – M.A. Kucera)
1.0 Introduction This application seeks to obtain Council’s
approval for the use of an approved building as a shop. Council
approved the use of the site for two (2) showrooms under previous
DA12242. The approved plans are reproduced below.
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1.1 The Proposal It is proposed to use one of the tenancies as a
shop. The application indicates that a Rivers Clothing Clearance
Store intends to trade from the premises. Such a use is normally
self-assessable in the Commercial Zone in an existing building if
car parking requirements comply with the requirements of the
Vehicle Parking and Access Code of the Cooloola Planning
Scheme.
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As the original approval related to the use of the site as a
showroom the parking requirement is lower plus 1 space per 40m2 as
opposed to 6 spaces per 100m2 of GFA, as required for a shop. 1.2
Site Description The site is presently vacant with previous
buildings having been removed or demolished. 2.0 STATUTORY
REQUIREMENTS 2.1 Compliance with the Planning Scheme The proposal
has been fully assessed in relation to all planning issues and the
only aspect of the proposal that requires further assessment is car
parking. Showroom means the use of premises with a gross floor area
of 200m2 or more for the display and retail sale of bulky goods, or
goods in bulk, including hardware electrical goods, furniture, bulk
stationary supplies, computer goods, sporting equipment or
industrial plant and equipment, motor vehicles, agricultural
machinery, vessels, caravans, trailers and the like but not
including food items. Shop means the use of premises, exceeding 5m2
for the display and sale of retail goods. Sale of clothing is
considered to constitute a shop under the above definitions. The
approved use of the two tenancies as a showroom attracts a total of
44 spaces. Based on the floor area for the tenancy to be used as a
shop (644.5m2) a requirement of 36 spaces is generated. This is
opposed to the 17 spaces required for a showroom of the same floor
area. There is a shortfall in 19 spaces between the showroom and
proposal shop uses. The applicant has provided justification for
Council to consider accepting fewer car parks than would normally
be required for a shop based on the use of the site as a Rivers
Clothing Store. The following comparisons are provided for
alternate sites operated by Rivers: “On-site car parking The
proposal plans provides 45 spaces which include2 disabled persons
parking bays
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The following grounds support the 45 carparking spaces provided
on the proposal plan:- a) it is common for other local governments
to consider a large retail outlets to
be defined as a showroom as previously suggested to Council.
Outlets like Officeworks, Rebel Sport, Amart Sports, Mitre 10,
Bunnings and larger fashion stores are commonly defined as a
showroom. The application proposes one space in addition to that
required if the promises was defined as a showroom. There is also a
new Rivers Clearance Outlet in the showroom precinct of the new
Noosa Civic complex. The showroom definition in the 2005 Cooloola
Planning Scheme allows for both the sale of ‘bulky goods’ and
‘goods in bulk’.
b) The final design of the highway upgrading has caused some
design
modifications to the entrance driveway into the site and
modification include Council’s preference for the Department of
Main Roads to provide a bus stop ear the frontage of the site. The
design modification resulted in the loss of car parking
opportunities near the entrance and the building certifiers
requirement to provide disabled access from the Bruce Highway
frontage into the building.
c) It is understood that although Council did not require road
opening along
the Excelsior Road frontage of the site at the land use approval
stage, Council is requiring such a road opening at no cost at the
operational works stage. This has created certain design issues
which are yet tot be resolved and it is unfortunate that the
applicant has been advised of such a requirement after all working
drawings have been completed. This requirement is one matter
currently delaying the project and may impact on the number of
parking spaces that can be provided on the site.
d) As stated above the proposal relates to the us of 644.5
square metres of floor
space for an outlet selling clothing and ancillary items to the
public in clearance warehouse setting. Such a specific proposal
involves:-
• Considerable public display areas within the store using
manikins,
posters and other means of display the clothing, etc as commonly
experienced in such outlets,
• There are relatively large qualities displayed and stored
within the premises due to the outlets practice of providing a
large range of sizes, colours, patterns, materials and styles to
offer customers more choice as opposed to large shops that provide
a lot of different types of items and thereby attract a large
number of customers; and
• Essentially the proposed Rivers store is a Clearance Outlet
accordingly does not operate in a similar manner to a standard
retail shop.
e) The following comparisons of parking data from similar Rivers
Clearance
Stores is detailed below and has been previously provided to
Council for its consideration and remain relevant. It is noted that
all the stores referenced are ‘stand alone stores’ with internal
dimensions of 500m2 or greater:
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Maroochydore: Approximately 600m2 – 16 car spaces (rarely fills
except for sale periods & Christmas)
Maryborough: Approximately 500m2 – 16 Car spaces (fills during
Christmas)
Dubbo: Approximately 1000m2 – No carpark (road side parking
only)
Nowra: Approximately 700m2 – 20 car spaces (rarely fills, except
for sale periods & Christmas)
Penrith: Approximately 900m2 – No carpark (road side parking for
3 cars)
Tweed Heads: Approximately 550m2 – 7 car spaces (will fill at
busy periods)
Young: Approximately 600m2 – No Carpark (road side parking for 4
cars)
Pakenham: Approximately 650m2 – 5 car spaces (will fill during
busy periods)
Traralgon: Approximately 680m2 – No carpark (road side parking
for 5 cars)
As can be seen above, even the stores provided with the largest
number of carparking spaces (i.e. Maroochydore, Maryborough and
Nowra), do as at a parking rate similar to that of the Cooloola
Planning Scheme Showroom rate (i.e. 1/40m2). f) Accordingly, it is
submitted that given the provision of this further
operational information regarding the proposed Rivers Clearance
Store, the business is defined as a Showroom under the 2005
Cooloola Planning Scheme.
Although a Rivers store may generate a lower requirement for car
parking than other higher order retail outlets, Council needs to
consider the long term ramifications of such a decision. With
approval for use of one of the tenancies as a shop, Council has
very limited control over future use of the site and would be
potentially in a position where they would need to enforce specific
conditions of the approval. For example, a shop that generates a
much higher traffic requirement such as a supermarket could locate
on the site with a substantially inadequate number of parking
spaces. Further, there is no ability to provide for overflow
parking as the site has frontage to the Bruce Highway &
Excelsior Road. Even if the Council policy allowed the provision
for a contribution in lieu of on-site parking, there is no Council
owned land in the vicinity that could be used to construct car
parking in lieu of on-site provision of it. 3.0 PLANNING
CONSIDERATIONS The use of the site as a shop is acceptable only
with adequate car parking. The number of spaces proposed is
substantially inadequate at roughly half of the required spaces
provided.
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Normally, a requirement to reduce the size of the building to
accommodate the required car parking could be considered, however,
as the required reduction in floor area would substantially alter
the proposal the application would be fundamentally different to
what has been applied for. 4.0 CONSULTATION Design Department
Report: (General Manager Design Services Division - R. Chapman)
This site was subject to a previous Material Change of Use approval
and recent Operational Works approval. As such all existing
conditions still apply with an issue arising as to the number of
car parking spaces required as the Operational Works approval is
for 45 car parks. As Cooloola Shire Council's Town Plan requires
parking at the rate of 6 per 100 m2 GFA for shops and only 2.5 per
100 m2 GFA for showrooms, there will be a parking shortfall unless
the floor areas are reduced. Cooloola Shire Council's Parking
Contribution Policy in lieu of car parks does not apply over this
area of Gympie. Alternatively, it may be necessary for additional
parking to be provided on an adjoining site. Headworks
contributions for Water, Sewer and Traffic as per Perseverance
Street Traffic Study will require adjustment to suit the new use.
Health Department Conditions included on the original showroom
approval remain relevant. 6.0 CONCLUSION Given the substantial lack
of car parking proposed, the inability for such an issue to be
resolved through appropriate conditions and the location of the
site on the Bruce Highway and Excelsior Road the application is
recommended for refusal. Recommendation: (Director of Planning
& Development – M. Hartley) That Council, as Assessment
Manager, REFUSE development application DA17151 for Material Change
of Use (Shop) over Lot 1 MPH171162, Lot 1 MPH7162, Lot 1 MPH23371,
Lot 1 MPH6535 located at 98-102 River Rd & 29 Excelsior Road,
Gympie based on the following grounds: 1. The car parking proposed
is well below the minimum specified in the
Planning Scheme, is inadequate for the proposal and cannot be
resolved through the imposition of conditions without substantially
altering the proposal;
2. There are no alternative locations for car parking to be
provided given the site’s location on the Bruce Highway and
Excelsior Road.’
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2.0 Applicant’s Submission The following letter was received
from Martoo Consulting on 14 May 2008. ‘I refer to our recent
letter to Council dated 21 April, 2008 in relation to the above
development application. The applicant maintains that the proposed
factory outlet is a “showroom” rather than a “shop” as defined by
Council under the 2005 planning scheme of the former Cooloola Shire
Council. The photograph below shows one of the two Rivers Factory
Outlets approved in the Noosaville area. This photograph shows the
factory outlet beside a furniture showroom and a picture framing
business and nearby are showrooms for camping supplies, paint and
decorating supplies, boating supplies, fishing supplies, lighting,
floor coverings, etc. Key elements of the manner that these factory
clothing outlets operate include:- - a range of similar goods are
offered for sale such a(sic) clothing and
clothing accessories; - goods are displayed in bulk so as to
offer a range of sizes, styles and
colours that can be possible through direct factory outlets; and
- the presentation and display of goods is such that the goods are
displayed
in bulk in a similar manner to factory outlets that sell
clothing rather than the way fashion boutiques or department stores
often present and display clothing.
However in order to progress Council’s assessment of the
development application and to provide Council with greater comfort
with the proposed factory outlet operating in a manner similar to
that of a showroom it is proposed to specifically define the
proposed use in a tiered arrangement as commonly found in
manner(sic) contemporary IPA planning schemes. This proposal
involves the following for the purpose of this development approval
only:- • The development permit approves a material change of use
for a “shop
(clothing factory outlet)”; and • The following condition is
listed in the resulting decision notice:- For the purpose of this
decision notice only the use of the premises for a
“shop (clothing factory outlet)” means a premises exceeding
250m2 gross floor area for the display and sale of clothing and
clothing accessories that are similar types of goods and displayed
in a bulky manner that offers a range of similar goods for sale to
members of the public as a factory type outlet.
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The applicant request(sic) that the development permit ensure
that the already approved use of a showroom be also allowed in case
the current possible tenant decides not to lease the premises for
whatever reason.’ 3.0 Assessment Given the applicant’s offer to
accept a condition restricting the nature of the shop proposed, the
car parking shortfall is considered acceptable. The previous
approval for a showroom will remain over the land and able to be
utilised as long as the development permit remains current. 4.0
Conclusion It is recommended the application be approved subject to
imposition of the condition suggested restricting the nature of the
use and all conditions of the previous material change of use
approval for showrooms.
P07/06/08 Moved: Cr D.R. Neilson Seconded: Cr R.A. Gâté
Recommend that Council, as Assessment Manager, APPROVE
development application (DA17151) for Material Change of Use – Shop
(Clothing Factory Outlet) over Lot 1 MPH171162, Lot 1 MPH7162, Lot
1 MPH23371, Lot 1 MPH6535 located at 98-102 River Rd & 29
Excelsior Road, Gympie subject to the following conditions:
Assessment Manager’s Conditions Conditions to be Satisfied Prior to
Commencement of the Approved Use 1. The development shall be
generally in accordance with the plan/s
submitted with the application (Plan No/s. 2006/074 drawn by MRA
and dated 01/12/06).
2. All conditions of sections 1 and 2 of development
approval
(DA12242) for Material Change of Use – Showrooms are to be
completed.
General Conditions of Approval 3. Hours of operation are
approved for Monday to Friday 9am-5pm Sat-Sun (including public
holidays) 9am-3pm Delivery vehicles are not permitted outside the
hours of 7am-6pm
Monday to Friday or 7am-4pm Saturdays, Sundays and public
holidays.
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4. Loading/unloading operations shall be conducted within the
site and vehicles waiting to be loaded/unloaded shall stand
entirely within the site.
5. Access to the site is limited to medium rigid vehicles
entering via
River Road and exiting via Excelsior Road only. Approval is not
granted for the site to be accessed by vehicles larger than a
medium rigid vehicle at any time.
6. In the event that a valid complaint of unreasonable noise
emissions
from the development is received, Council may require the
submission of an environmental noise level study and report which
complies with Australian Standard 1055 and The Environmental
Protection Agency Noise Measurement Manual and require works and/or
management practices to be carried out to ensure noise emissions
comply with the requirements of the Environmental Protection
(Noise) Policy 1997.
7. A Development Permit for Operational Work (Advertising
Devices)
is required for any proposed signage on the site. 8. All
appliances and equipment including air conditioner units shall
be
installed and/or housed so as to prevent the emission of
unreasonable noise.
9. Any lighting on the site is to be angled or shaded in a
manner so that
light does not directly illuminate any nearby sensitive premises
(eg private residence) causing environmental nuisance.
10. The approved use is restricted to a Shop (in Building 1 on
the
approved plan) exceeding 250m2 gross floor area for the display
and sale of clothing and clothing accessories that are similar
types of goods and displayed in a bulky manner for sale to members
of the public as a factory type outlet. Any change to this use will
require a further material change of use approval.
Carried.
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2/4 DA15538 & DA17343– Material Change of Use -
Multi-Residential (4 Dual
Occupancies) – 3 – 7 James Kidd Drive, Gympie – Gympie Gardens
Pty Ltd FILE NO: Minute: P08/06/08 DA15538
& DA17343 APPLICANT: Gympie Gardens Pty Ltd LANDOWNER Gympie
Gardens Pty Ltd RPD: Lot 6 MCH 5165 SITE ADDRESS: 3 – 7 James Kidd
Drive, Gympie CURRENT USE OF LAND: Vacant PROPOSAL: Material Change
of Use – Multi-
Residential (4 Dual Occupancies) & Request to Change an
Existing Approval
PLANNING AREA Gympie EXISTING ZONE: Housing LEVEL OF ASSESSMENT:
Code SUBMISSIONS: Nil
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Report: (Contract Planning Officer – S.J. Taylor) 1.0
INTRODUCTION 1.1 The Proposal This application proposes a
multi-residential (dual occupancy) development and changes to the
existing development approval over the site (DA15538) which granted
approval for the subdivision of four (4) additional lots. The
request to change comprises layout plans incorporating a “Y” shaped
cul-de-sac road design and four larger, more regular shaped lots
than the configuration originally approval in DA15538. The above
request to change was approved, under delegated authority on
26/10/07 and the proposed new layout is provided below.
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The proposal to which this report refers is to consist of (2)
single storey detached dwellings on each lot with each dwelling
unit including four (4) bedrooms and a double garage.
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1.2 Site Description Natural surface levels over the site
generally vary in height from approximately 60m AHD to about 70m
AHD. The height of the 1:100 ARI flood level is 62.65m AHD in the
locality and the southern portion of the site will require filling
to ensure proposed building areas are above this height.
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1.3 Surrounding Land Uses The existing surrounding land use is
predominately single detached residential housing. 2.0 STATUTORY
REQUIREMENTS 2.1 Compliance with the Planning Scheme The proposed
development is a consistent use within the 2005 Cooloola Planning
Scheme and is code assessable. The following codes apply:
• Gympie Planning Area Code • Multi-Residential Code • Erosion
and Sediment Code • Infrastructure Works Code • Landscaping Code •
Vehicle Parking and Access Code
Gympie Planning Area Code The development site is not within the
mixed housing preferred use area and thus, multi-residential
development at this location is not supported by the planning
scheme. The applicant justifies the proposal on the basis of the
approved subdivision being finalised and the resulting units being
equivalent to four (4) duplexes which are not inconsistent
development outside the preferred unit area. Regardless, the
appropriateness of this development intensity needs to be explored
to ensure the amenity of existing residences in the area is
maintained. In addressing this issue the following points are
considered relevant: - existing adjoining residences are well set
back from all boundaries of the
development site; - lots just over 600m2 in area adjoin the site
on McAuliffe Road and
therefore represent a residential density not dissimilar to that
proposed by this application;
- the overall site coverage of the development is well under the
probable solution nominated in the multi-residential code;
- the proposed dwelling units are all single storey and will
therefore not result in creating overlooking or privacy issues with
neighbouring residences;
- the development layout allows for adequate buffering between
the proposed dwelling units and existing residential properties
through fencing and landscaping;
- the development is proposed to be contained within a new
subdivision; and
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- traffic from the development is not expected to adversely
affect residents in the immediate area.
The proposed development generally complies with other
provisions of the Code with the exception of the front building
setback for the proposed dwellings on Lots 1 and 4. The proposed
setbacks are 4.9m and 5.6m instead of the 6m requirement set out
within Council’s Planning Scheme. It is considered that a
relaxation of this standard is an acceptable outcome, as the design
scale and bulk of the buildings will not overly dominate the future
streetscape. Multi-Residential Code The proposed development
complies with the Code. Erosion and Sediment Code Adequate
conditions can be imposed in any approval granted to manage control
or mitigate any issues. Infrastructure Works Code All services to
this site have been adequately addressed as part of the previous
reconfiguration approval and sufficient capacity is available to
cater for this development. Additional headworks charges apply.
Landscaping Code The proposal complies with the requirements of
Council’s Landscaping Code for this form of development. Vehicle
Parking and Access Code On site carparking meets the code
requirements, however concerns are raised from a traffic planning
perspective. The number of access points at the cul-de-sac in close
proximity is considered undesirable and may lead to unsafe traffic
movement. In addition this concentration has the potential to
impact on kerb side parking and may result in access problems for
emergency and waste collection vehicles. 2.2 Local and/or State
Planning Policies There are no state or local planning policies
applicable to this application.
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3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal
The proposed development is considered to be an appropriate use of
the land, subject to satisfactory vehicular access provisions being
achieved. 3.2 Impact on Amenity Proposed access configuration will
impact on traffic movement, availability of kerb side parking and
access for emergency and waste collection vehicles. 3.3 Site Access
and Traffic The engineering report below raises concerns with
inadequate manoeuvring of vehicles. A suggestion to address this
issue is for the development to be done as a group title style
arrangement with the proposed road opening being converted to a
private access driveway. This suggestion was conveyed to the
applicant who advised a community titling arrangement was not
desired. Dependent on compliance with relevant provisions of the
applicable codes the titling arrangement cannot be reasonably
imposed. 3.4 Car Parking On site car parking meets Planning Scheme
requirements however kerb side parking will be compromised by the
proposed access arrangements to the lots. 3.5 Flooding The southern
section of the property is impacted by flooding, however adequate
building areas can be provided above the Q100 flood level. 3.6 Site
Contamination The site is not listed in the Environmental
Management Register. 3.7 Utilities and Services Water Supply and
Sewerage Headworks charges are applicable for this development with
credit being given for that charged against the subdivision
approval.
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Water Supply Headworks 8 units x 2.0 x $1055 = $16 880.00 Less
Credit Subdivision Approval 3 lots (1000m2+) x 3.5 x $1 055 = $11
077.50 Contribution Required = $ 5 803.00 Sewerage Headworks 8
units x 2.4 x $1648 = $26 368.00 Less Credit Subdivision Approval 3
lots (1000m2+) x 3.0 x $1 648 = $14 832.00 Contribution Required =
$11 536.00 Note: Calculation amounts are applicable until 30 June
2008, however final amounts are to be determined at the time of
payment in accordance with Council’s Fees and Charges Schedule. 4.0
CONSULTATION 4.1 Internal (a) Engineering
Report: (Design Services Technical Officer – A.C. Walsh) This
engineering report is based on the report (dated October 2007)
and
additional information submitted by Martoo Consulting to develop
4 x 4 bedroom duplexes on the four lots and new road opening as
approved by Council as part of DA15538.
TRAFFIC Four bedroom units could be considered to generate
traffic equivalent to a
three bedroom single dwelling. Therefore, a contribution towards
intersection improvements of $1,988 is applicable.
FRONTAGE ROAD Council approved the new road opening required for
the four lot subdivision as
part of DA15538 to incorporate a ‘Y’ shaped cul-de-sac head. The
proposal plan for this development shows seven of the proposed
duplexes gaining access from the branches of the cul-de-sac head
and does not address the Planning Scheme requirements for vehicles
to enter/exit in a forward direction. The concentration of this
number of access points at the cul-de-sac is far from desirable as
there is the potential for the overflow of visitors parking to be
on the road reserve and this could impede the access of emergency
vehicles and waste collection vehicles.
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A far better solution for the development is considered to be a
Building Unit Plan format with the proposed new road being common
area. This would allow for a far greater flexibility in relation to
access and parking area and a significant reduction in cost to the
developer for the lesser construction standards for a driveway
compared to that of a road.
OTHER SERVICES All other services were addressed as part of the
reconfiguration approval and
sufficient capacity is available to cater for this development.
However additional headworks charges will apply.
Recommendation: (General Manager Design Services - R. Chapman)
Council not approve this proposed development in its present form
as the
concentration of the vehicle access point at the cul-de-sac has
the potential to create access problems for emergency and waste
collection vehicles. A better option would be a Building Unit
Format plan with the proposed road opening being common area to
allow for greater flexibility in relation to access and parking
area. 4.2 External (a) Public Consultation Due to the level of
assessment for the application, formal notification of the proposal
was not required under the Integrated Planning Act 1997. However
adjoining property owners were notified of the proposal giving them
opportunity to make submissions. No submissions were received. 5.0
CONCLUSION The proposed development is considered to be an
appropriate use of the land from a planning perspective, subject to
the concerns regarding vehicle access being satisfactorily
addressed. Further, it is suggested that the access issues could be
resolved by providing a single vehicle access point per duplex
arrangement with reciprocal access arrangements for each
landowner.
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P08/06/08 Moved: Cr G.L. Engeman Seconded: Cr L.J. Friske
Recommend that Council as Assessment Manager withhold a decision
on development application (DA17343) for a Material Change of Use –
Multi-Residential (4 Dual Occupancies) over proposed lots 1-4 on
current Lot 6 MCH5165 located at 3-7 James Kidd Drive, Monkland
pending submission of an amended layout that demonstrates on-site
manoeuvring of vehicles can occur to enable ingress and egress from
each lot in a forward direction. Further, that following submission
of a satisfactory amended plan, approval of the application be
delegated to the Director of Planning and Development.
Carried.
Cr J. Watt entered the meeting at 9.21 a.m. Cr J.A. Walker
entered the meeting at 9.22 a.m.
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2/5 DA15325 – Material Change of Use – Multi-Residential (102
Dwellings) –
Bath Terrace, Gympie – Ecorion Property Pty Ltd FILE NO: Minute:
P09/06/08 DA15325 APPLICANT: Ecorion Property Pty Ltd LANDOWNER:
Ecorion Property Pty Ltd RPD: Lot 67 CP858098 SITE ADDRESS: Bath
Terrace, Gympie CURRENT USE OF LAND: Vacant PROPOSAL: Material
Change of Use – Multi-
Residential (102 Dwellings) ZONE: Rural PLANNING AREA: Gympie
LEVEL OF ASSESSMENT: Code (Inconsistent Use)
Report: (Interim Manager Development & Compliance – T. M.
Stenholm)
1.0 Introduction This application was previously reported to
Cooloola Shire Council’s General Meeting held on 11 December 2007.
At this meeting Council resolved to hold over determination of the
proposal pending the submission of additional information.
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A full copy of the report and resolution is reproduced
below.
‘Report: (Planning Officer – M.A. Kucera) 2.0 INTRODUCTION This
application seeks Council’s approval for the creation of a large
multi-residential development in a community style complex on Bath
Terrace, Gympie. 1.1 The Proposal The proposal seeks to provide
three residential precincts within the complex, containing a total
of 102 new dwellings. Communal facilities such as BBQ areas,
swimming pool, tennis courts as well as storage and maintenance
facilities are also incorporated. A variety of dwellings is
proposed – small, medium and large – aiming to cater for a range of
potential resident requirements. The respective sizes of the
dwellings are 93m2, 113m2 and 171m2. Each of the units are to have
an undercover car parking space. A reception and manager’s
residence is also proposed.
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1.3 Site Description The site is presently undeveloped, with
significant amounts of vegetation located through the site. A dam
exists near the front of the site and the undulating topography
results in several gullies dissecting the property east to
west.
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Total site area is 7.665Ha. 1.4 Surrounding Land Uses The site
is adjoined by the North Coast Rail Line, two (2) dwellings,
McClintock’s Fuel Depot and Council land to the east. Other
surrounding land uses include residential development to the west
and south and rural uses including the Pig and Cattle Saleyards to
the north. 1.5 Site History An application for reconfiguring a lot
– access easement was approved over the adjoining site to the north
in 2000 (DA02499). This provides a 4 metre wide access to the
allotment from Banks Pocket Road through Lot 580 on MCH5080. The
access is four (4) metres wide but not proposed to be used as part
of this application. 2.0 STATUTORY REQUIREMENTS 2.1 Intent of the
Zone The overall outcomes sought for the Rural Zone are: - for
sustainable rural uses to predominate; - valuable economic
resources, including extractive resources, good
quality agricultural land and timber, are sustainably managed;
and - industrial uses are sensitively located in accordance with
community
expectations. The proposal does not comply with this intent.
However, it is considered relevant to view this allotment in a more
urban context given its proximity to the Gympie CBD and the
surrounding urban uses and therefore intended use of the site as a
holding zone for urban expansion as opposed to traditional rural
uses. 2.2 Compliance with the Planning Scheme 2.2.1 Scheme
Definition As the proposal involves a number of individual units
the proposal is defined as ‘multi-residential’ under the
definitions in Council’s Planning Scheme. 2.2.2 Development
Provisions Multi-Residential uses in the Rural Zone are code
assessable development. The following codes are applicable: Gympie
Planning Area Code Although the use is inconsistent within the
zone, it is considered the proposal can still be supported on the
following planning grounds:
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- the site is in close proximity to the Gympie urban area and is
a logical extension of Council infrastructure;
- there is a demonstrated need for low cost housing in Gympie
area; - the site assists in providing a range of housing options
which is one of the
outcomes sought for the Gympie Planning Area; - long term use of
the site for rural purposes is unlikely to be sustainable
given the surrounding land uses and inability to amalgamate with
other sites; and
- subject to the submission of a satisfactory water analysis as
discussed further in the report the development can be provided
with all expected standards of urban development.
No concerns are raised in relation to light or air emissions
from this site given the lack of residences in the immediate
vicinity. Given the proximity of the site to the North Coast Rail
Line, Cattle Saleyards, Main Road, fuel depot and Shooting Range, a
noise assessment was requested to be submitted to support the
application. The report does not take into account any future
intensification of the use of the railway line and only accounts
for noise from cattle loading and shunting. Further, the report
assesses impact from a potential change in hours of the adjoining
fuel depot which indicates there is potential for the fuel depot to
exceed accepted noise levels at night, however, the report
concludes that as no operations currently take place during evening
period no measures are required. Any changes that vary the
operating hours of the fuel depot could see an exceedance occur for
the manager’s residence. It should be noted that any future
intensification of dwellings on this site will require further
approval giving Council the ability to re-assess this issue and
potentially require noise control measures, if required. Queensland
Transport, as a concurrence agency to the application, has included
conditions in relation to fencing of the boundary for the part of
the site which borders the railline. It is assumed that some
consideration into future potential intensification would have been
made by this agency in the assessment of the proposal. The report
concludes that the proposal is able to proceed from a noise control
perspective without any noise control measures being required. No
consideration has been made in the report towards the traffic
impact on the existing dwelling next to the proposed internal road.
Some consideration of this from a noise perspective is required.
Specific outcome 5 of the code states that uses are designed and
located to avoid significant adverse changes in traffic conditions
experienced by occupants of adjoining and surrounding premises. In
this regard, the proposal has the potential to significantly impact
on the adjoining lot to the east (Lot 3 MPH6980) in relation to
access, privacy and amenity.
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The proposed road location has potential to severely impact on
the existing amenity experienced by this resident. In order to
achieve a suitable intersection to Bath Terrace to meet visibility
requirements the road alignment is to be located abutting the
property boundary for the existing dwelling, which is located 1.5
metres from the property boundary. The proposed road is to be
located 2.3 metres from this property boundary. Significant amounts
of filling works will be required to achieve a suitable entrance to
Bath Terrace. This is likely to result in a steep embankment
(nearly 3 metres) between the road and the adjoining property
boundary. Issues in relation to privacy and amenity are
significant. While landscaping works on the embankment can be
undertaken, it will also be necessary for fencing to be provided.
However, it should be noted that a fence in excess of a standard
1.8 metres would be required to block out the potential overlooking
by vehicles into the living areas of the residence. An indicative
design of buildings and structures proposed on the site is
reproduced below:
As can be seen, single storey buildings are proposed which is
consistent with the limited number of buildings surrounding the
site. It should be noted that this area has no distinct building
style or design that warrant any special design features to be
incorporated into the building design. A plan of the final design
of the buildings should be submitted prior to lodgement of building
works to ensure that no significant changes to the above style of
building is proposed. The proposal nominates boundary setbacks
consistent with the housing zone as opposed to those of the rural
zone (ie. 1.5 metres to side and read boundaries).
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This is considered acceptable given the urban use proposed, the
density of the development and the reduced need to provide adequate
buffers to adjoining residences due to the site location.
Multi-Residential Code Given the large site the proposal has no
problem complying with the site coverage and plot ratio nominated
in the scheme of 40% and 0.6 respectively. The site coverage is
18.4% and plot ratio 0.18. Unit density is nominated in the code as
1 dwelling per 250m2 of site area. The proposal complies as it
provides 1 dwelling per 750m2. The site is partially contained
within a bushfire prone area according to Council’s mapping. The
primary threat from bushfire would be from Council’s land to the
east. An evacuation management plan needs to be implemented in the
event of bushfire on this site. The intentions of Council in
relation to the future use of this land may see it developed and
potentially will reduce a bushfire threat through the reduction in
vegetation on the allotment. Private open space areas are proposed
for each allotment with individual clothes drying facilities. A
condition relating to the size and dimensions of the open space
consistent with the code objectives is included in the
recommendation. All units have direct ground level access to open
space. Communal open space is provided for in each precinct, with a
swimming pool, tennis courts and BBQ facilities proposed. The plans
indicate that the communal areas will substantially exceed the
minimum nominated in the code of 0.2m2 per square metre of GFA. A
communal storage area is provided near the frontage of the site to
Bath Terrace, however, it is likely and logical that occupants will
store goods in close proximity to their dwellings. The distance
between the residential precincts and this storage area makes the
use of it for small items unlikely. Each residential precinct will
be required to have a refuse storage area. This will allow a
communal pick up facility for garbage on collection day. Although a
wheelie bin storage area is proposed, it is considered unlikely
that people will not locate their bin in close proximity to their
dwelling given the proposed layout. An imperviously paved area at
each dwelling should therefore be required. Visitor parking areas
are considered adequately integrated into the development and do
not dominate the streetscape. Infrastructure Works Code The site is
included within the Water Service Area, but not the Sewerage
Service Area under Council’s Planning Scheme Policy 4. A concrete
footpath is required for the full frontage of the site.
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The applicant proposes to construct all internal roads to
Council’s urban design standard, which will allow for access by
Garbage Truck. Given this, internal street lighting should be
provided to a suitable standard. Details of such can be assessed as
part of the subsequent operational works application. Landscaping
Code A landscaping strip along the frontage of the site is
considered warranted in accordance with scheme requirements – 2
metres averaging three metres. Given the large site and lack of
surrounding development landscaping for this site needs to be
tailored to suit its characteristics. The style of the development
(with individual non-attached dwellings) lends itself to the
inclusion of street trees for the internal roads. This is
recommended. Fencing has been required by Queensland Transport
abutting the railline. No conditioned landscaping is considered
warranted along this boundary. Boundaries to the other adjoining
lots (two residential lots beside the property on Bath Terrace and
the rural lot to the north) should be fenced with a 1.8 metre high
timber paling fence or similar material and landscaping provided to
adequately preserve the amenity of the existing residences. Erosion
and Sediment Control Code The main issue is the treatment of the
embankment between the internal road intersection with Bath Terrace
along the adjoining property boundary with the neighbouring
dwelling. Several treatments are required to reduce adverse
impacts. A retaining wall on the corner of the site will be
required. On top of this a fence to 1.8 metres will be required.
The embankment should also be stabilised through landscaping works.
This will be assessed in detail as part of the operational works
application, with an appropriate condition included on this
approval. Erosion and sediment control measures will be required
for all internal roads during construction. 2.4 Local and/or State
Planning Policies State Planning Policy 1/92 is applicable as the
site is mapped as containing good quality agricultural land. The
site is isolated in terms of future agricultural viability and has
limited opportunities for amalgamation with other sites. Given the
proximity of the site to the Gympie Urban area future use of the
site for rural purposes is considered unlikely.
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3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal
This development proposes a something different in terms of housing
choice in the Gympie area. Given the demand for low cost rental
accommodation this proposal is considered to fill a demonstrated
need in the city. Although the location of the development is
currently towards the fringe of the urban area, it is anticipated
that additional urban settlement will occur surrounding this site
which will lead to increased services in the immediate locality.
The site is still relatively close to the Gympie CBD and is
serviced by public transport. Transport services on this route are
likely to be boosted as a result of increased demand created by the
transport disadvantaged. 3.2 Impact on Amenity Given the limited
settlement in this area and the surrounding land uses no
significant concerns are raised in relation to amenity by this
proposal. Preservation of existing amenity for adjoining residences
is howe