LIVE-#2002546-v1-Agenda - Planning & Environment Committee ... · referral agencies: department of main roads number of submitters: four (3 letters of objection and 1 letter in support)

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Agenda – Planning & Environment Committee 8/4/09 - #2002546

PLANNING & ENVIRONMENT COMMITTEE

8 APRIL 2009

6 MATERIAL CHANGE OF USE (IMPACT) SHOPPING AND BUSINESS FACILITIES, DETACHED BOTTLE SHOP, SERVICE STATION AND RESTAURANT – 59-67 SWAN STREET, 60 - 68 RIVERSTONE ROAD, 66 GRIFFIN STREET, GORDONVALE – DIVISION 1 L Jackson : 8/8/1012 : #1781555 PROPOSAL: SHOPPING AND BUSINESS FACILITIES, DETACHED BOTTLE SHOP, SERVICE STATION & RESTAURANT APPLICANT: D J HARTLEY (TTE) PO BOX 5939 CAIRNS QLD 4870 LOCATION OF SITE: 59-67 SWAN STREET, 60-68 RIVERSTONE ROAD & 66 GRIFFIN STREET GORDONVALE

PROPERTY: LOT 1 & 2 RP 722755, LOT 79-82 & LOT 90 TYP G PLN 47811 PLANNING DISTRICT: GORDONVALE GOLDSBOROUGH PLANNING AREA: RESIDENTIAL 1 PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: FOUR (3 LETTERS OF OBJECTION AND 1 LETTER IN SUPPORT) STATUTORY ASSESSMENT DEADLINE: 9 APRIL 2009 DIVISION: 1 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. DEVELOPER CONTRIBUTIONS

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LOCALITY PLAN

RECOMMENDATION: That Council approve the development application for Shopping and Business Facilities, Detached Bottle Shop, Service Station & Restaurant over land described as Lots 1 & 2 RP 722755, Lots 79,80,81,82 & 90 Plan 47811, located at 59-67 Swan Street, 60 - 68 Riverstone Road, and 66 Griffin Street Gordonvale, subject to the following: APPROVED DRAWING(S) AND/OR DOCUMENT(S) The term ‘approved drawing(s) and/or document(s)’ or other similar expression means:

Drawing or Document Reference Date Site Plan 07.03.82 DA1 Rev A 02/04/2008 Elevations 07.03.82 DA2 02/04/2008 Service Station and Franchised Restaurant

07.03.82 DA3 02/04/2008

Shops – Floor Plan 07.03.82 DA4 02/04/2008 Swan Street Proposed Fence

07.03.82 DA1 27/02/2008

Subject Sites

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ASSESSMENT MANAGER CONDITIONS 1. The applicant/owner must at all times during development of the subject

land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

a. The plans, specifications, facts and circumstances as set out in the

application submitted to Council; b. To ensure that the development complies in all respects with the

following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual; and

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

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

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

following changes: a. The building proposed on the northern boundary is to be setback 6m

from Griffin Street. Details of the above amendments must be endorsed by the Chief Executive

Officer prior to issue of a Development Permit for Building Work. Water Supply Contributions 4. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of water supply infrastructure.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $7,321.35 (2.04 ERAs).

Payment is required prior issue of a Development Permit for Building Work. Wastewater Contributions 5. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of sewerage infrastructure.

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Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $14,374.23 (2.44 ERAs).

Payment is required prior issue of a Development Permit for Building Work. Public Art Contribution 6. Pay a monetary contribution to Council in accordance with Council’s

General Policy – Public Art towards the provision of Public Art within the community.

Contributions must be paid at the rates applicable at time of payment. On

the present method of calculation, the contributions are $2,500. Water Supply and Sewerage Works Internal 7. Undertake the following water supply and sewerage works internal to the

subject land:- a. The development must be serviced by a single internal water and

sewerage connection made clear of any buildings or structures; b. Relocate the existing sewer or site the proposed building such that the

sewer is a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure; or

Replace the existing sewer main under or within 1.5 metres of the building

and within the zone of influence of the footings and foundations with uPVC sewer pipe class SN8.

All the above works must be designed and constructed in accordance with

the FNQROC Development Manual. The plan of works must be approved by the Chief Executive Officer prior to

the issue of a Development Permit for Building Work. All works must be carried out in accordance with the approved plans, to the

requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

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Sewer Easement 8. Create an easement in favour of Council having a nominal width of 3 metres

over the existing / proposed sewer within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval by Council's solicitors at no cost to Council.

The approved easement documents must be submitted at the same time as

seeking approval and dating of the Building Format Plan and must be lodged and registered with the Department of Natural Resources and Water in conjunction with the Plan of Survey.

Inspection of Sewers 9. CCTV inspections of sewers must be undertaken both prior to

commencement of works on site and at works completion where works have been undertaken over or to sewers. Defects must be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Damage to Infrastructure 10. In the event that any part of Council’s existing sewer/water infrastructure is

damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Cairns Water immediately of the affected infrastructure and have it repaired or replaced by Cairns Water, at the developers cost, prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Water Saving 11. All toilet devices in the development must be fitted with dual flush cisterns

and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Refuse Storage 12. Refuse storage is required to service the site in accordance with Council

requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

13. The refuse bin enclosure must be roofed and bunded and fitted with a

bucket trap.

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Liquid Waste Disposal 14. Trade waste discharge to sewer must meet the requirements of CRC Water

and Waste’s Trade Waste Environmental Management Plan (TWEMP). A report demonstrating that the facility complies with the TWEMP must be

submitted to and be approved by Council prior to the issue of a Development Permit for Building Work.

The applicant must have all measures for pre-treatment installed prior to

commencement of use. Vehicle Parking 15. The amount of vehicle parking must be as specified in Council's Planning

Scheme which is a minimum of 89 spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities - off street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvering areas must be imperviously sealed, drained and line marked.

The parking area located adjacent to the northern boundary fronting Swan

Street is to be used by employees/staff only. Signage indicating this must be provided at the entrance to this car parking area. A sign is to be placed adjacent to the pedestrian crossing between the proposed restaurant and shops to the drive through stating that there is no exit to Swan Street and highlighting the access to the staff only car park.

Protection of Landscaped Areas from Parking 16. Landscaped areas adjoining the parking area must be protected by a 150mm

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

Construction Signage 17. Prior to the commencement of any construction works associated with the

development, a sign detailing the project team must be placed on the road frontage of the site and must be located in a prominent position. The sign must detail the relevant project coordinator for the works being undertaken on the site, and must list the following parties (where relevant):-

a. Developer; b Project Coordinator; c. Architect / Building Designer; d. Builder; e. Civil Engineer; f. Civil Contractor; g. Landscape Architect

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Bicycle Parking 18. Provide secured, on-site bicycle parking in accordance with Table 10-1 of

AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking spaces required for this development is 10 spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Lighting 19. All lighting installed upon the premises including car parking areas must

be certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

External Works 20. Undertake the following works external to the land at no cost to Council:

a. Construct a 2.0 metre wide concrete footpath to the Giffin Road, Riverstone Road and Swan Street frontage in accordance with FNQROC Development Manual Standard Drawing 1035;

b. Provision of a concrete crossover(s) and apron(s) in accordance with

FNQROC Development Manual Standard Drawing 1015; c. Make good the kerb(s) at redundant crossover(s); d. Upgrade the street lighting to comply with requirements of the FNQROC

Development Manual;

e. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

All works in the road reserve need to be properly separated from pedestrians and vehicles, with any diversions adequately signed and guarded. Particular attention must be given to providing safe passage for people with disabilities i.e. the provision of temporary kerb ramps if pedestrian diversions are necessary.

Traffic/Access 21. The applicant is to implement the recommended changes to the access

arrangements to the site and Riverstone Road in accordance with the Traffic Impact Study prepared by McPherson Maclean Wargon Chapman and dated October, 2008 (K7702).

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The plan of works must be approved by the Chief Executive Officer prior to

the issue of a Development Permit for Building Work. All works must be carried out in accordance with the approved plans, to the

requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first. Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Above Ground Transformer Cubicles/ Electrical Sub-Stations 22. Above ground transformer cubicles and/or electrical sub-stations are to be

positioned so that they do not detract from the appearance of the streetscape and must be clear of footpath areas. This will require cubicles/sub-stations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

Under Grounding of Electricity Supply 23. All electricity lines along the full frontages of the subject site are to be

placed underground. Such works are to be undertaken by Ergon Energy or an Ergon Energy approved contractor at the applicant’s expense.

Street lighting along the full frontages is to be upgraded to the applicable

Lighting Category and lighting columns are to be of steel construction. Ergon Energy must be notified of these requirements when making

application for power supply. All works must be completed prior to Commencement of Use or approval

and dating of the Building Format Plan, whichever occurs first. Drainage Study of Site 24. Undertake a local drainage study of the site to determine the drainage

impacts on upstream and downstream properties and the mitigation measures required to minimise such impacts. In particular, the study must address the following:

a. The contributing catchment boundaries; b. The extent of the 100 year ARI flood event in relation to the site both pre

and post development;

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c. Primary and secondary flow paths for the 5, 20, 50 and 100 year ARI flood events;

d. Identify any requirement for drainage easements; e. Identify the need and tenure for flood detention areas to ensure a no

worsening impact on downstream properties for the entire development;

f. Information on the proposed works and any impacts proposed at the drainage outlet from the proposed development;

g. Lawful point of discharge.

The study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work with the necessary works being undertaken prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Construction Access 25. Vehicular access to the site for construction and demolition purposes must

be provided from Riverstone Road only, unless authorised by the Chief Executive Officer.

Service Vehicle Exit – Swan Street 26. The service vehicle exit/egress to Swan Street is to be used by service

vehicles only. A gate preventing egress to normal vehicles is to be provided and must only be open during times where service vehicles are exiting. The gate is to be constructed of a suitable material that reduces noise emanating from the site and is to be designed such that it provides an aesthetic appearance to Swan Street.

Details of the design, materials and colour of the gate are to be provided to Council and must be endorsed by Council prior to the issue of a Development Permit for Building Work. Landscaping Plan 27. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show: a. Deep planting of setback areas; b. Planting of the footpath with trees, using appropriate species with

regard to any site constraints; c. Planting of the indented areas on the proposed fencing to Swan Street; d. Inclusion of any other relevant conditions included in this Development

Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

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Landscaping is to be maintained at all times and provided with an automatic

watering system. In the event that plants are substantially damaged or destroyed, the plants are to be replaced promptly with the same species, particularly to the Swan Street frontage.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be

endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Lawful Point of Discharge 28. All stormwater from the property must be directed to a lawful point of

discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Sediment and Erosion Control 29. Soil and water management measures must be installed/implemented prior

to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

30. Dust emissions or other air pollutants must not extend beyond the boundary

of the site and cause a nuisance to surrounding properties. Details of Development Signage 31. The development must provide clear and legible signage incorporating the

street number for the benefit of the public. Advertising Signage 32. Signs on the subject land must conform with Council's Local Law No. 28

(Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer. Please be aware that elevated flashing illuminated signs will not be permitted to the Swan Street side of the development.

Crime Prevention Through Environmental Design 33. The applicant/owner must ensure that all lighting and landscaping

requirements complies with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

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Acoustic Report 34. The proposed development is to comply with the conclusions, requirements,

treatments and recommendations in full (including all of sections 6, 7, 8 and 9) contained within the report titled “Commercial Development, Riverstone Road, Swan Street and Griffin Street, Gordonvale, Noise Impact Study”, Report no 08-7029, prepared by Ron Rumble Pty Ltd and dated December 2008. In accordance with this, an acoustic fence is to be designed and constructed along the northern boundary for the length as indicated on the approved plans and must have a height of a minimum of 2.1m and be constructed of materials as specified in the report.

35. Certification of the acoustic works recommended in the Acoustic Report is

to be provided from a qualified Acoustic consultant upon completion of works and is to be provided to Council prior to commencement of use.

Illumination Report 36. The proposed development is to comply with the conclusions, requirements,

treatments and recommendations in full contained within the report titled “Illumination Impact Assessment” and containing a “Lighting Upgrade Report”. The lighting must comply with the report titled “9807 Gordonvale Service Station”, prepared by Christopher Tame of MGF Consultants and dated 30/09/2008. In accordance with this, all lighting is to comply with the relevant Australian Standards and must not at any time result in adverse amenity issues to adjacent and surrounding residents. Certification of lighting works by a qualified lighting/illumination consultant upon completion of works is to be provided to Council prior to commencement of use.

Fencing 37. The fencing proposed to Swan Street as provided on plan titled “Swan

Street Proposed Fence” is to contain a variety of colours and materials to provide an aesthetic appearance to Swan Street. Graffiti resistant paint must be applied to the fencing.

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

Officer prior to issue of a Development Permit for Building Work. Health Requirements 38. Premises intended to be used for the storage, preparation, handling,

packing and/or service of food must comply with the requirements of the Food Act 2006 and the Food Standards Code.

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39. Prior to construction or alteration of any premises used for storage,

preparation, handling, packing and/or service of food, application for such must be made with Council’s Public Health Unit.

40. An application for the construction or alteration of any food premises must

be accompanied by two copies of plans drawn to a scale not smaller than 1:100. Such plans are to include details of ventilation (including mechanical exhaust ventilation systems), finishes to walls, floors and ceilings, details of the proposed layout and materials to be used in the construction of all fixtures, fittings and equipment. The plans should include detailed cross sections of all areas to be included in the construction or alteration. All works must be carried out in accordance with the requirements of the Food Act 2006, Food Safety Standards and AS 4674 – 2004 – Design, construction and fit-out of food premises.

41. Prior to operation of the food business, the operator must hold a current

Food Licence issued by Councils Public Health Unit under the Food Act 2006. Every licensed food business is required to have a Food Safety Supervisor who has met specified competencies and is reasonably available at all times the business is operating. Contact the Council’s Public Health Unit for further information.

42. Noise from air conditioning units, service equipment or other mechanical

equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

Amalgamation Required 43. The applicant/owner is responsible for the reconfiguration (amalgamation)

of Lots 1 & 2 RP 722755, LOTS 79, 80, 81, 82 & 90 TYP G PLN 47811 into one lot. The Plan of Survey must be registered with the Department of Natural Resources and Water at the applicant's/owner's cost prior to Commencement of Use.

Fuel Storage 44. All fuels must be stored in an undercover and secure location at all times. Hours of Operation 45. The hours of operation of the Detached Bottleshop are limited to between 10.00am and 10.00pm, seven days per week.

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Use of Shops 46. Further development consent is not required for use of the tenancies within

the building located along the northern boundary provided the uses are for Shopping/Business Facilities in accordance with the definition in CairnsPlan and one Detached Bottleshop.

Loading/Unloading/Fuel Deliveries 47. Loading and unloading of heavy vehicles for deliveries, fuel, etc is not to

occur between 10.00pm and 6.00am without the prior consent of Council. Relocation of Bus Stop on Riverstone Road 48. The bus stop currently located on Riverstone Road is to be relocated in

accordance with the requirements of Queensland Transport. The relocation of the bust stop is to be to the developers cost. The timing, relocation and provision of a temporary bus shelter is to be carried out prior to commencement of use to the satisfaction of Queensland Transport.

Customer Plan of Management 49. The applicant is to prepare a Customer Plan of Management in conjunction

with the local Police outlining methods to control or prevent poor behaviour by customers (e.g. hooning, hanging out, loutish behaviour). The Plan of Management must indicate methods proposed to prevent disturbances and poor behaviour. The Plan of Management is to be provided to all businesses on the site and the Police and is to be enacted by designated/selected representatives who are to be present at the site during the approved hours of operation. A copy of the Plan of Management is to be provided to Council prior to commencement of use and must be complied with at all times.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrence Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department of Main Roads

214/10P/102(1027.03) 18 August 2008 1803979

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

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ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act

1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

2. All building site managers must take all action necessary to ensure building

materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements. 4. For information relating to the Integrated Planning Act 1997 log on to

www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

EXECUTIVE SUMMARY: An application has been received for the construction of a new Service Station, Restaurant and Shopping/Business Facilities (including Detached Bottleshop) at 59-67 Swan Street, 60 - 68 Riverstone Road, and 66 Griffin Street, Gordonvale. The site is currently occupied by an existing Service Station and 5 residential dwellings. The site is located in a Residential 1 Planning Area and is covered by a Special Facilities Approval over the land where the Service Station is. The application was referred to the Department of Main Roads as a referral agency who have responded and provided conditions of consent. The application was publicly notified and received four submissions including three against the proposal and one for the proposal. The objections to the proposal included issues such as the use is in conflict with the Residential 1 Planning Area, the proposal will create amenity, noise, lighting, drainage and traffic issues, and the hours of operation are unreasonable. It is considered that these matters can be addressed through appropriate conditions which ensure that proposal is in accordance with the recommendations of the Traffic Impact Study, Noise Impact Study and Illumination Impact Study submitted by the applicant. The proposed development is partly in conflict with the intent of the Residential 1 Planning Area but at the same time provides a service to the community. Assessment of the application reveals that the size of the Shopping/Business Facilities component of the development is not excessive and will not undermine commercial activities in the centre of Gordonvale. Aside from the conflict with the Planning Area, the proposal generally satisfies the Acceptable Measures and Performance Criteria in CairnsPlan. The proposal is recommended for approval subject to conditions.

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TOWN PLANNING CONSIDERATIONS: Background An application (DA 8/8/177) was submitted on 2 February 2000 for a new Service Station and Shops. On 21 June 2000 Council advised that the application had lapsed as referral co-ordination had not been carried out by the applicant in accordance with timeframes specified under the Integrated Planning Act. An application (DA 8/8/550) for a Service Station and Shops over 66 Griffin Street and 60 - 68 Riverstone Road, Gordonvale was received by Council on 17 December 2003. The proposal had a Service Station totalling 560 sqm and Shops totalling 260 sqm. The proposal was approved at a Council meeting on 28 October 2004 but was never activated. It is noted that the Zone applying to the site under the Previous Planning Scheme for the Balance of the City of Cairns was Special Facilities and Residential 1. Site and Surrounds The proposal is over 7 existing lots located at Griffin Street, Riverstone Road and Swan Street in Gordonvale and the lots have a total combined area of 6,260 sqm. It is noted that Griffin Street lies adjacent to the Bruce Highway so the site appears to have frontage to the Bruce Highway but the frontage is to a service road stub adjacent to the highway. The sites presently contain an existing Service Station (at the corner of Riverstone Road and Griffin Street) and residential dwellings. The Service Station presently operates from 4am to 11pm seven days per week. Surrounding development consists primarily of residential buildings. Cane farming land is located to the southwest across the Bruce Highway. The site is located approximately 1km from the Gordonvale CBD/Centre. Proposal The proposal consists of the following: ● A new Service Station containing 8 sets of fuel pumps, a convenience store and a

franchised restaurant (including drive through) with a net lettable area of 588sq.m; ● A single storey Shopping/Business Facility containing a variety of tenancies

(including Detached Bottleshop) located along the northern boundary and having a net lettable area of 1,138sq.m; Car parking for 102 vehicles;

● Access to the site is proposed via an ingress from Griffin Street/Bruce Highway and ingress/egress off Riverstone Road. A service vehicle access is proposed off Swan Street;

● Landscaping is proposed adjacent to the road frontages of the property. The landscaped area totals 17.1% of the site;

● The buildings have a height of 3m while the canopy of the Service Station is 6.5m; ● The building is setback 5m to Griffin Street, 6m to Swan Street and 4m to

Riverstone Road; ● The site has an ERA permit for 165,000 litres of fuel. It is not proposed to alter

this.

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CairnsPlan Assessment

CairnsPlan Gordonvale Goldsborough Planning District

Code Applicability Compliance

Planning Area Residential 1 See discussion below

Land Use MATERIAL CHANGE OF USE (IMPACT) Shopping and Business Facilities, Detached Bottle Shop, Service Station & Restaurant

See discussion below

Hillslopes r NA Vegetation Conservation & Waterway Significance r NA Cultural Heritage r NA Potential or Actual Acid Sulphate Soil Material Complies Bushfire Management r NA Flood Management r NA Height and Impact of Buildings r NA Operational Aspects of the Cairns International Airport r NA

Overlays

Demolition r NA Excavation and Filling Code Complies Infrastructure Works Code Complies Landscaping Code Complies Parking & Access Code Complies Reconfiguring a Lot Code r NA

General

Development Near Major Transport Corridors & Facilities Complies

Compliance Issues Residential 1 Planning Area/Special Facilities All of the lots associated with the proposed development are located in a Residential 1 Planning Area. As mentioned in the background, part of the site contains a Special Facilities approval. It is stated in section 3.14.2 Schedule of Special Facilities that lots 80 and 81 in G47811 are approved for a Service Station, Shop, Café and Tourist Information. This applies to the existing Service Station and Buildings. A recent approval in 2004 (prior to the inception of CairnsPlan) allowed for 560 sq.m of service station and 260 sq.m of shops. The purpose of the Residential 1 Planning Area Code is to achieve desired environmental outcomes, including the predominant form of development being single detached dwellings, maintaining and enhancing the residential character of the area, providing a scale of development compatible with established residential neighbourhoods and providing ancillary services to the local community. The applicant submits the following in relation to this issue: 1. The predominant form of development within the neighbourhood remains detached

houses on single house allotments. Note that the code uses the term “predominant”, not “exclusive” or similar terms, thus implying that other uses that compliment the Residential 1 intent are permitted after due consideration.

2. The residential character and amenity is maintained and enhanced by • the residential scale and form of the proposed buildings along the Griffin

St/Bruce Hwy and Swan St frontages,

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• minimising the height of the buildings so that at their main ridge/verge lines,

their height is comparable to that of the adjacent residential properties (the ridge height of the retail building at the west boundary is about 4.7 metres above ground level which is less than height limits noted in the Residential 1 Planning Area Code),

• sensitive landscape design to shield residences from headlight glare, • isolating noise generating activities to the Riverstone Road and Bruce

Highway frontages, • minimising traffic movements to and from the site on the Swan St frontage. Although the site is in a Residential 1 Planning Area, the site’s existing frontages

to Bruce Highway and Riverstone Road at Lots 79, 80 and 81 have no residential character and do not compliment the balance of the neighbourhood’s existing residential character. The traffic management, landscape and illumination design in the applicant’s proposal will help to improve the character and amenity of the site’s frontage at these allotments.

3. The scale and density of this development is consistent with that of other similar

developments in the Cairns Region that are generally within or surrounded by Residential 1 Planning Areas.

4. The establishment of facilities which provide ancillary services to the local

community is facilitated by the proposed development. As noted in the economic assessment, there are numerous local retail services gaps in the Gordonvale area. This proposal will help facilitate the supply of those services. The facility will compliment the FNQ Regional and Cairns Regional Council sustainability initiatives by allowing Gordonvale residents to obtain a greater range of services locally rather than having to travel into inner Cairns to obtain these services.

The reasons provided by the applicant give some justification for the expansion of the proposed use into the adjacent residential lots. It is noted that other approvals have been given by Council in other areas where the expansion of the Service Station/Shops is considered justified and the amenity issues are resolved. The loss of 5 residential blocks to allow for the expansion proposed does not undermine the intent of the Residential 1 Planning Area as the predominant land use in the area will continue to be detached single dwellings. The single storey nature of the buildings ensures that they will not overpower surrounding single storey buildings. The residential character and amenity of the area can be primarily retained. By absorbing lots to the west, the proposal will now have a boundary with only two residential properties (as opposed to three currently) and has been specifically designed to shield those buildings from the proposal. The proposal will therefore directly affect a lesser number of properties on its boundaries than it currently does. A wall with indentations for landscaping that is to contain a variety of colours and materials for aesthetics is proposed to minimise the visual impact of the drive through to the street as well as acting as an additional noise and light barrier to Swan Street.

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It is important to note that the corner of Griffin Street and Riverstone Road has been occupied as a local petrol/service station for decades. The Service Station provides for both passing motorists but also local residents of Gordonvale and the Goldsborough Valley. The description and intent of the Gordonvale – Goldsborough District states that “the existing commercial centre should act as a District Centre…” and it is then stated that “There are opportunities for the establishment of Local Centres, to service the developing residential and rural area”. Despite the site not being located in a Local Centre Planning Area, it is not unreasonable to expect that businesses will expand over time in instances where there are existing shops already providing a local service. Gordonvale and the Goldsborough Valley have undergone significant growth in the past decade and hence continued expansion of the site can be justified at an appropriate scale without undermining the Gordonvale Town Centre. This is supported in the economic impact statement presented by the applicant. The site is located adjacent to the Bruce Highway and its intersection with the Gillies Highway. This intersection is busy 24 hours per day and is used by heavy vehicles supplying the Far North as well as general local traffic and passing tourists. The intersection of Riverstone Road and the Bruce Highway is signalised and therefore is already well lit. There is an impact from this intersection and the highway to the adjacent residential areas in terms of noise and light. The expansion of the Service Station will not create impacts over and above those generated by the existing intersection and Service Station, provided appropriate conditions are imposed with respect to traffic, lighting and noise. These issues are canvassed in later sections in this report. With respect to the Performance Criteria and Acceptable Measures of the Residential 1 Planning Area, the proposal satisfies the relevant requirements. In particular, the height of the proposal will not exceed 7.5m in height as the buildings are single storey, the buildings can be setback to maintain the character of the area and the site will be landscaped to improve its appearance to the street. There is no avoiding the fact that the use is different to adjacent residential uses and because of this the design must be different. In particular the proposal will have a high canopy over the fuel bowsers, typically associated with modern service stations. The overall impact of these to the streetscape of a highway is minor and is not considered to be unreasonable or inappropriate. The setback to Griffin Street for the retail building is 5m and given the adjacent house is setback 6m and the general setback requirement from roads is 6m, a condition will be imposed to reduce this setback. Therefore, it is considered overall that despite the conflict that the proposed use has with the Planning Area, given its locational circumstances, existing use and proposed design, the proposal is appropriate within the Planning Area.

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Service Station Code The Service Station component of the proposal generally complies with the Acceptable Measures and Performance Criteria of the Code. Setback requirements under the code include 6m for buildings or structures from a road. The Proposed Service Station building and canopies are setback generally more than 6m however the minor intrusions into this setback occur as a result of the angled position of the buildings. At its most extreme this intrusion reaches up to 2m however because it is only for a small length, it does not result in a building that appears set forward too close to the road nor will it appear inconsistent with other buildings in the area. Detached Bottle Shop Code It is proposed to provide a Detached Bottleshop within one of the retail tenancies. The location of this is yet to be determined. Notwithstanding this, the proposal complies with the requirements of the Detached Bottleshop code and is not located within 400m of a School or Place of Assembly. Economic Impact The applicant has submitted an Economic Impact Report prepared by Urban Economics with the application. The report made the following conclusions: There is a strong level of need and demand for the proposed redevelopment of the existing service station facilities at the corner of the Bruce Highway and Riverstone Road, Gordonvale, in order to cater for the strong demand that is being experienced by the existing operator within a more safe and workable environment, as well as meeting the future convenience expectations and requirements of this fast-growing community. The subject site represents a strategic site, from which the fuelling and lower-order retail needs of the Gordonvale community and passing motorists can be met in a highly convenient and accessible location. The range of uses proposed for the subject site are not expected to significantly impact upon the Gordonvale town centre, rather complementing this centre by offering residents improved access to a range of goods and services to cater for their basic motoring and convenience needs in order to ‘fill the gap’ within the existing provision of facilities within Gordonvale. Whilst it is recognised that there would be some adverse impacts upon the existing shopping facilities at Gordonvale, it is Urban Economics’ view that the proposed redevelopment of the subject site would ‘make good’ these impacts by providing a positive effect to the overall extent and provision of facilities and services available to the community, and is therefore not a relevant ground for planning refusal. The proposed redevelopment would also offer a range of social and economic benefits for the surrounding community, including: * employment opportunities for some 45 to 60 full, part time and casual workers;

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* provide a one-stop-shop of convenience orientated goods for motorists, reducing

the need for multiple trips; * reduce escape expenditure from Gordonvale; * a modern service station and convenience retailing development within

Gordonvale, providing a greater selection of convenience retailing options that would complement the existing provision of activities located within Gordonvale; and

* relieving an often congested (and unsafe) apron area, reducing queuing and time

constraints being experienced from accessing established facilities under pressure from rapid growth in population within the region, as well as significant vehicular traffic traversing along this major transportation corridor.

The applicant submits that there is a need for the expanded development in the community and that the expansion proposed will not undermine the commercial activities of the Gordonvale Town Centre. This view is supported by the local Chamber of Commerce. The Economic Impact Report was peer reviewed by Economic Associates Pty Limited. The peer review made several conclusions, including those summarised following:

● There is a high level need for service station facilities at the site; ● The overall scale of the building containing the retail component is likely to be

premature for retail uses only. It is unlikely that there will be a high level of need for the convenience retail component of the development in its own right. Because other tenants for office uses (e.g. real estate agents) and the like may occupy the site, the floor area of the buildings is appropriate. It is highly likely that all tenancies would be fully tenanted within the first 12 months of opening.

● It is not anticipated that the proposal will have anything more than moderate impacts to the existing retail network. The existing Gordonvale Centre has a very low tenancy rate currently (i.e. is close to full capacity).

On an economic needs basis, the peer review indicated that overall the proposal will not undermine the role, function, business activity and services provided by the Gordonvale Town Centre. Traffic/Access It is proposed to access the site via a left ingress for south bound vehicles travelling along Griffin Street/the Bruce Highway as is the current situation. An ingress and egress is proposed off Riverstone Road. A loading access is proposed off Swan Street. The applicant has submitted a Traffic Impact Study with the application. The study highlights that the proposal will generate 2060 vehicles per day (VPD) with the maximum peak hour estimated to be 200 vehicles per hour (VPH) for the total site.

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The two entry points to the site are from the Bruce Highway/Griffin Street and Riverstone Road with a single exit to Riverstone Road. The exit is angled such that the vehicles leaving the site will be able to merge into the existing road heading into Gordonvale. Essentially this is the same as the current situation. However, it is shifted slightly further to the east. Because of the orientation of the road, this design is preferred as it minimises light impacts to properties on the southern side of Riverstone Road. The Traffic Study suggested several minor changes that could be enabled via conditions to improve traffic conditions and minimise impacts to surrounding residents. The suggestions and comments are provided following: There is a potential conflict point between fuel traffic and restaurant drive through traffic adjacent to the left hand out egress point at Riverstone Road. We require the installation of internal give-way signs for the drive way traffic to ensure they give way to fuel traffic. The existing driveway is wide enough to assist in avoiding conflict. The ingress driveway, for right turn movements from Riverstone Road into the property, needs to have the entry apron flared to accommodate this movement. The garden bed at the Swan Street exit requires slight modification to accommodate vehicle movements. We recommend that the footpath on the northern side of Swan Street, opposite the exit, be planted with a screen of suitable shrubs (2m high maximum) to prevent headlights of queuing or exiting traffic from creating a nuisance to residents on the northern side of Swan Street. The traffic impact study indicates that the proposal will not adversely impact upon traffic flows in the area subject to conditions. Noise Impact A Noise Impact Study was submitted with application. The report was prepared by Ron Rumble Pty Ltd and noted that several noise impacts have been identified – these being: ● Noise emissions from vehicle movements at the site including car parking, drive

through, loading area and refuse collection; ● Noise emissions from patrons in the outdoor dining area at the franchised

restaurant; ● Noise emissions from mechanical plant associated with the development. As a result of these impacts, the study recommends and concludes a variety measures to be undertaken to ensure that these noise impacts are reduced to an extent that they comply with noise regulations. Alterations required include a 2.1m high acoustic wall on the northern boundary, an enclosure to be constructed over the loading bay and loading must only occur during certain times, fuel deliveries should only occur during the day, treatments to the ceiling of the restaurant and an amplified ordering system that minimises noise emissions. These recommendations are included as a condition.

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In addition to the recommendations of this report, the applicant has included a wall to the Swan Street frontage to minimise noise from the proposed 24 hour drive through to the Swan Street. The wall is indented with landscaping to provide an appealing appearance to the streetscape. Lighting Impact An illumination Impact Assessment was submitted with the application. The assessment was prepared by MGF Consultants. The report highlights the concern over potential vertical light spill to the adjacent properties to the north, particularly 69 Swan Street. No objection to the proposal was received from this property. The proposal has been designed to comply with lighting standards and hence have a minimal impact on adjacent properties. A condition will be imposed to ensure this is achieved. Hours of Operation It has been indicated in the various information submitted with the application that the proposed hours of operation for the Shops/Offices/Bottleshop are 7.00am – 9.00pm, for the Restaurant is 7.00am – 10.00pm and for the Service Station is 24 hours seven days per week. It is noted that the current Service Station operates 4am – 11pm seven days per week. The proposed hours of operation are considered reasonable and are unlikely to adversely impact upon the two adjacent dwellings to the north and other dwellings in the vicinity of the site (dwellings located across Swan Street and Riverstone Road are a minimum of 45m from the site). The design of the buildings, orientations of lighting and provision of solid walls on boundaries will prevent unreasonable and adverse amenity impacts generated from the site by way of noise, lighting, etc. A condition restricting the hours of operation of the Bottleshop to suitable times consistent with other Bottleshops will be imposed. Shopping and Business Facilities Code The proposal satisfies the Acceptable Measures and Performance Criteria of this code. Public Notification / Submissions The proposal was publicly notified in accordance with the requirements of the Integrated Planning Act. 4 submissions were received during the notification period of which one was a submission in support from the Mulgrave District Chamber of Commerce and there were three submissions objecting to the proposal. The submissions against the proposal are assessed following: Apart from the Special Facilities Approval already in place for the existing Caltex Service Station, the other properties listed in the proposal are in the Residential 1 Planning Area. These properties fall within the proposed streetscape boundaries nominated in the Cairns Regional Council Neighbourhood Character Study and would not be in character with the surrounding streets.

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Officer Comment The proposal is not located in the Character Precinct under the current CairnsPlan or the CairnsPlan amendments. The proposed Service Station and associated buildings are non-residential uses and hence will not be consistent with the character of surrounding buildings. Any increase in traffic using Riverstone Road would put existing road conditions, at peak periods, in an untenable situation. (eg at 3pm when schools in the area are dismissed, the traffic comes to a standstill. It’s repeated when workers are leaving to return home). Officer Comment This matter is addressed previously. The traffic impact study does not indicate there will be significant traffic issues subject to appropriate alterations and treatments to the surrounding roads. There is an existing Bottleshop (liquor outlet) on the next block, on the same side of the road — not to mention that Gordonvale already has four licensed Hotels and two already have attached drive- through Bottleshops. Officer Comment CairnsPlan does not restrict the number of Bottleshops that are located within the city. Amenity issues are covered by relevant and reasonable conditions of consent relating to noise, traffic, lighting, etc. The noise, chemical and dust pollution factors which will occur, no matter what the developers say, will have a direct effect on our current lifestyle. The fact that the Service Station and Drive through part of the Restaurant, are intending to trade 24hrs, 7 days per week, is totally unacceptable to us and other residents. Officer Comment This matter is addressed previously. Restrictions can be imposed on the hours of operation where necessary. The developers state that the dust problem will be controlled during construction. I fail to see that this is possible and, as we already have a huge dust problem from the existing Service Station, would appreciate information on how they intend to achieve this miracle. Officer Comment Conditions can be imposed in relation to dust suppression during construction.

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They also state that landscaping will nullify the effect of low-lying security lighting and headlights. As our property is directly facing the intended service station driveway, and as they will be providing fuel for trucks as well as normal vehicular traffic, the only barrier that would be effective is a solid construction. Officer Comment This matter is addressed previously. Existing residents living in the older part of Gordonvale like the fact that we have an historic Town Centre. I refer you to page 10/31 of the proposal, (specifically paragraph 3 in item P3) in which the developer states: “Extensive residential development on the south side of the Bruce Hwy will force the relocation of local commercial facilities away from the old Gordonvale town centre to the Riverstone Rd — Bruce Hwy junction. Although the site is located in a Residential 1 Planning Area, the surrounding detached houses are compromised by their proximity to the Bruce Highway and so are candidates for redevelopment as commercial facilities.” I strongly object to the assumption that Gordonvale exists purely for the commercial benefit of the developer. I have owned this property at 63 Riverstone Rd. for nearly 11 yrs and do NOT find that we are in the least compromised by the Bruce Highway, nor do other residents. I for one have no intention of giving up my home for development. It is deplorable enough that the proposed development will devalue property in this particular area. Officer Comment This matter is addressed previously. The proposed development is just 23kms from the Cairns CBD. I fail to see why vehicles and shoppers would make a special point of shopping here when all the facilities of Cairns are available in approx. 30mins drive. The majority of residents from the southern side of Bruce Highway (Pyramid Estate etc.) either shop at Mt. Sheridan or in other centres in Cairns, because these facilities are more conveniently located on their journey home. Officer Comment This matter is addressed previously. There is an existing bus stop between the present Service Station and the residence at 64 Riverstone Road. Is there an intention of relocating the Bus Stop? I am a Senior Citizen and use the public transport system on a regular basis, as do many others in this area.

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Officer Comment The bus stop will be required to be relocated to a suitable location in accordance with the requirements of Queensland Transport. The existing Police Station in Gordonvale is small and more police or private security would need to be employed to ensure the safety of the area. Weekends, holidays and some week-nights are already a problem in the area of the existing Service Station. We are regularly subjected to ‘wheel spinning’, foul language and other unsavoury behaviour. Officer Comment Matters relating to poor behaviour in the community are a matter for Police. However, conditions will be imposed to minimise potential crime created by the development. The provision for bicycle parking is totally inadequate for a neighbourhood where most children ride bikes. Bike security is already a recognised problem in Gordonvale. Officer Comment The applicant will be required to provide bike parking in accordance with Council requirements. Increase in noise related to deliver trucks etc, making delivers to the premises, driveway located near border of property. Officer Comment This matter is addressed previously. Increase in noise related to the air-conditioning units needed on the new development. Officer Comment Conditions will be imposed with respect to noise from both the development (e.g. air con units) and from vehicles, trucks, etc servicing the site. Increase in noise from hooning cars in the property, hanging out at the new fast food outlet. Officer Comment Matters relating to noise from hooning cars, etc are a matter for Police. It is considered however that a management plan should be implemented and enacted by the applicant to ensure that the proposal creates minimal disturbance to adjacent residents.

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Increase in rubbish in and surrounding our property. Large amounts already clog drains. Officer Comment Conditions have been imposed ensuring appropriate waste services are provided. Increased problem with drainage, we regularly have drainage problems here when it rains. Officer Comment Drainage matters are addressed in the conditions. We as a family are worried what this development will do to our lifestyle, and our community. We feel that this development is unneeded at this time and location. There are many other land opportunities for this development to take place. We bought in the old part of Gordonvale thinking that the council/government laws that were passed to protect Gordonvale from being over developed would cover such an event as this development. Officer Comment This matter is addressed previously. It is highlighted that the proposed development is purposely designed to result in a significant separation between adjacent houses and the proposed uses. The building located along most of the northern boundary combined with the acoustic wall is designed to protect the amenity of adjacent neighbours. The acoustic report highlights that the alterations made to the development as recommended in the report will result in acceptable levels of background noise to surrounding residents. We bought this property hoping to have a long happy family life here and not to be forced to live next to fast food outlets (McDonald's was mentioned at a sit down meeting we had with the developer) and other take away shops and other stores. Officer Comment The proposed development includes a franchise restaurant as part of this proposal. The franchise restaurant may be a McDonalds or other fast food chain. It is noted that Gordonvale currently has very few of these chains. Despite this, the type of franchise using the proposed restaurant area will be determined by the market and not Council.

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We have enough trouble here with the one servo on the developers block as it is. Such as damage to work vehicles keep on our premises, enough litter to clog drains, dogs barking, hooning, general noise which been buffered by a residential house but this will be lost in the development allowing all noise to effect our property. We have a problem with drainage too, enough to cause flooding into our house, part of the reason being no drainage has been done on the developers side of the fence causing water to back up and flood our property. Officer Comment This matter is addressed previously. We are also concerned if this establishment does go ahead with it being run 24 hours a day, who knows how much these problems would increase. Officer Comment This matter is addressed previously. Referral Agencies The proposal was referred to the Department of Main Roads who have provided conditions and comments which are attached as an appendix. HEADWORKS / CONTRIBUTIONS: The proposed development triggers Developer’s Headwork’s Contributions which are provided as an appendix. L Jackson Planning Officer Action Officer Simon Clarke Manager Development Assessment

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APPENDIX 1 APPROVED PLAN(S) & DOCUMENT(S)

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APPENDIX 2: CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 3: HEADWORKS CONTRIBUTIONS

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Documents

LIVE-#2002546-v1-Agenda - Planning & Environment Committee ... · referral agencies: department of main roads number of submitters: four (3 letters of objection and 1 letter in support)