LIVE-#3749628-v1-Agenda - Planning and Sustainability ......23 Agenda – Planning & Sustainability Committee 14 November 2012 - #3749628 1. Endorse Amendments to CairnsPlan – October

21

Agenda – Planning & Sustainability Committee 14 November 2012 - #3749628

PLANNING AND SUSTAINABILITY COMMITTEE

14 NOVEMBER 2012

3

DRAFT MOUNT PETER STRUCTURE PLAN Sandra Burke : 8/26/22: #3765306

RECOMMENDATION:

That Council notes the work completed to date on the draft Mount Peter Structure Plan and supporting information and acknowledges that it will be used to guide and inform the assessment of development in Mount Peter under CairnsPlan until the relevant provisions are incorporated into the new Cairns Region Planning Scheme.

EXECUTIVE SUMMARY: Council has been progressing with the completion of a major statutory land use and infrastructure plan (Mount Peter Structure Plan) that will see the development of the Mount Peter major urban growth area over the next 20-30 years. The planning reform to be introduced by the Queensland Government in 2012 will negate the requirement for a Mount Peter Structure Plan / statutory Master Planning requirements and instead require elements of the Structure Plan be incorporated under the new Cairns Region Planning Scheme. The report is seeking that Council notes the draft Mount Peter Structure Plan and supporting information with intention that it inform the assessment of development in Mount Peter under the current CairnsPlan planning provisions until the new Cairns Region Planning Scheme comes into effect.

INTRODUCTION:

The Mount Peter area has been identified as the major urban growth area in the Cairns region. Mount Peter is part of the Southern Growth Corridor and was declared as a Master Planned Area (MPA) under the Integrated Planning Act 1997 (IPA) in May 2008 which required the development of a Mount Peter Structure Plan under a statutory processes identified under the subsequent Sustainable Planning Act 2009. Council has been progressing with the completion of the Mount Peter Structure Plan – as an amendment to CairnsPlan and was advised in December 2011 that it could commence public notification, subject to satisfying Minister’s Conditions.

22


The Queensland Government’s proposed changes to the planning and development system, in particular, the removal of declared master planning areas and processes as outlined in the Sustainable Planning and Other Legislation Amendment Bill (2012) (the “Bill”) intends that integrated strategic land use and infrastructure planning for an area such as Mount Peter is to be carried out local government instead of being bound by statutory master planning processes defined by State government. This will mean that the broad principles, land use objectives and documentation developed for the Mount Peter Structure Plan will need to be carried forward and integrated with the preparation of the new Cairns Region Planning Scheme, rather than an amendment to the current CairnsPlan. Whilst Council awaits the assent of the Bill as an Act of Parliament, it is the intention of this report that that a complete suite of documentation for Mount Peter Structure Plan as prepared under the current Sustainable Planning Act 2009 requirements and Minister’s Conditions is noted by Council until the new Cairns Region Planning Scheme comes into effect. The purpose of this report is to provide a summary of the Mount Peter Structure Plan changes arising from the Minister’s Conditions and provide a planning overview for how development in Mount Peter may transition after the Bill is introduced.

BACKGROUND:

In November 2006 the then Cairns City Council resolved to undertake the master planning for the Cairns Southern Corridor (former name for the Mount Peter Master Planned Area), including the establishment of the Mount Peter Master Planning Taskforce. On 9 May 2008, the Deputy Premier and Minister for Planning formally declared Mount Peter a Master Planned Area in accordance with section 2.5B.3 of the Integrated Planning Act 1997 (IPA). This action required the Council to prepare a Structure Plan for the Mount Peter Master Planned Area in accordance with Schedule 1A of IPA. The Far North Queensland Regional Plan and CairnsPlan identified Mount Peter, as the priority urban growth corridor for Cairns. The Mount Peter Master Planned Area (MPA) was expected to accommodate a population of over 40,000 people by 2037. Mount Peter is a major ‘greenfield’ site and is an ideal setting for the implementation of best practice urban and infrastructure planning, place making concepts and good urban design. The development of Mount Peter Structure Plan and supporting information included land use integrated with infrastructure planning, environmental, economic and employment, community development, sport and recreation development for the Mount Peter Master Planned Area. Various reports have been presented and statutory resolutions made by Council in relation to the Mount Peter Structure Plan, the latest being in October 2010 whereby Council resolved (including but not limited) to:

23


1. Endorse Amendments to CairnsPlan – October 2010 that reflects agreed State government and Council changes in response to the First State Interest Review.

2. Requests approval from the Minister for Infrastructure and Planning to publicly

notify Amendments to CairnsPlan – October 2010 of the Mount Peter Structure Plan acknowledging that Council has adequately reflected State interests as per the Sustainable Planning Act

3. Approves public notification of Amendments to CairnsPlan – October 2010 of the

Mount Peter Structure Plan to occur following Ministerial notification (with or without conditions as determined by the Minister) to commence notification.

On 23 December 2011, the then Minister for Infrastructure and Planning advised Council that it could proceed to public notification subject to changes to the documentation that would satisfy his Conditions. Delays in satisfying the Ministerial conditions were experienced as some conditions were not considered suitable and required amendment. Amendment of the Ministerial conditions was not able to be achieved prior to the State government election and further delays were experienced since then in the exchange of information required to clarify technical matters relating to the Conditions. Council officers and master planning consultants have now undertaken the review of the Minister’s Conditions and completed the required changes to the Mount Peter Structure Plan. These are presented as a proposed Amendment to CairnsPlan – November 2012 and in extrinsic (supporting) material. A copy of the Minister’s correspondence to Council and Conditions is provided in Attachment 1. The full suite of documentation relating to Mount Peter Structure Plan and changes (as tracked changes that reflect Minister’s Conditions) are available on Council’s website as follows:

Part 1 – Amendment to CairnsPlan – Nov 2012 inclusive of Maps, Summary Report Part 2 – Planning Scheme Policy Part 3 – Implementation Plan Part 4 – Trunk Infrastructure Report Part 5 – Technical Reports

COMMENT:

Project Progress and Transitioning to the new Cairns Region Planning Scheme Various reports to Council and stakeholders of over time have detailed the processes and time lags for the development of the Mount Peter Structure Plan. The time lags have largely been as a result of delays instituted by the State Government through changes in legislation, evolving policy formation for declared master planned areas, master planning and the desire to present a State government position on State infrastructure provision (Bruce Highways upgrade, Cairns Transit Network) and early release areas within a Master Planned area.

24


The Queensland Government’s proposal to remove provisions relating to declared master planning areas and processes as proposed under the Bill will see the above mentioned matters play less statutory prominence (as either being reduced, resolved or removed) when the Mount Peter Structure Plan’s objectives are integrated within the preparation of the new Cairns Region Planning Scheme. Timing for the delivery of the first draft of the new Cairns Region Planning Scheme is late 2012 with adoption in 2014. Whilst the notation by Council of the Mount Peter Structure Plan as a proposed amendment to CairnsPlan with Minister’s Conditions addressed (as per this report) will not be of significant nature, it will be used to inform and assist with assessment of development in Mount Peter under the current CairnsPlan planning provisions for development in a Rural 2 area until the new Cairns Region Planning Scheme comes into effect. In addition to the above measures, it is also important to note that the repeal of the State Planning Regulatory Provisions (SPRP) for the Far North Queensland Regional Plan (FNQ Regional Plan) on 26 October 2012 also means that applications for reconfiguring of a lot within Mount Peter will no longer require impact assessment. A report to Council’s Planning & Sustainability Committee Meeting on 10 October 2012 on State Government Planning Reform and the Sustainable Planning and Other Legislation Amendment Bill (2012) provided some detail about changes that related to Mount Peter Structure Plan. As the Bill has not yet passed through Parliament no further details can be provided at this point in time. Advice will be provided to Council when the legislative amendments take effect. The removal for the requirement to prepare a Structure Plan and statutory Master Planning as proposed under the Bill is seen as a positive move that will allow local government to balance the planning aspirations of its community, Council and higher tiers of Government. It will also allow Council to review the growth and density targets that will enable realistic and more affordable deliverables (development and trunk infrastructure) in an urban form that is more reflective of the regional character. Ministers’ Conditions On 23 December 2011 Council was provided with details of 137 conditions (changes to the Mount Peter Structure Plan) that the Minister required to be undertaken prior to commencement of public notification of the Mount Peter Structure Plan. Whilst the number of conditions appear to be onerous, a significant portion relate to minor changes in regard to code drafting, grammatical errors and mapping. A number of changes related solely to Master Planning requirements. A summary of the key Minister’s Conditions are as follows; ● Stronger code provisions for enhanced protection of natural environment – riparian

areas, waterway envelopes and open space; ● Changes to the designation of Master Planned Units (MPU) in particular the ability

to modify MPU boundaries;

25


● Clarification of participating agency status (State agencies) in the Master Planning process;

● Changes with regard to State infrastructure/ facility requirements and their sequencing, in particular incorporating the findings of Department of Transport and Main Roads’ Cairns Bruce Highway Upgrade Study and Cairns Transit Network Study;

● Provision of residential land for early release within Master Planning framework requirements;

● Strengthening code provisions in relation to urban design and potential conflict with cane rail impacts;

● Review of scope of studies required for master planning; ● Review of role and function of the Planning Scheme Policy; ● Minor changes to the levels of assessment in industrial areas. With the assent of the proposed Bill as an Act of Parliament it is anticipated that all changes relating Master Planning requirements for Mount Peter will be redundant and the balance of proposed changes being addressed(if they accord with the changes proposed under the Bill) in the new Cairns Region planning scheme. The valuable and detailed work undertaken as part of the development of the Mount Peter Structure Plan incorporating the vision and objectives for land use integrated with infrastructure planning, environmental, economic and employment, community development, sport and recreation development will be heavily utilised for the development of the new planning scheme for the Cairns region.

CONSIDERATIONS:

Corporate and Operational Plans: The preparation of the Structure Plan for the Mount Peter Master Planned Area contributes to the advancement of all the objectives of the Corporate Plan. Statutory: Statutory matters have been covered off in the body of this report and previous reports to Council. Policy: In 2008 Council entered into a Memorandum of Understanding (MOU) with significant landowners/developers to finance the development of the Mount Peter Structure Plan for an agreed amount, where landowners/developers paid financial contributions to Council. The MOU requires that these contributions are to be held by Council against the designated landholdings as credits for future infrastructure charges and indexed accordingly. The payment of the nominated financial contributions as agreed to under the MOU, were completed by landowners/developers in 2010.

26


The removal of declared master planning areas and processes and therefore the need to complete a Structure Plan as proposed under the Sustainable Planning and Other Legislation Amendment Bill (2012) will not impact or alter the value or use of credits against future trunk infrastructure charges established under the MOU. In effect the credits are quarantined for each of the relevant landholdings for use against future trunk infrastructure charges. Financial and Risk: Remaining budget allocation within the Planning Strategies Budget earmarked for the completion Mount Peter Structure Plan (under the Sustainable Planning Act 2009) is adequate to incorporate the Structure Plan (as per the Sustainable Planning and Other Legislation Amendment Bill 2012) into new Cairns Region Planning Scheme. As indicated in the report to Council on 10 October 2012, Council has negotiated a contractual agreement with Council’s master planning consultants at no penalty to Council, for any additional work (outside of Council’s expertise) that may be required to integrate the Structure Plan into the new Cairns Region Planning Scheme. Sustainability: Integration, self-sufficiency, transit oriented development, preservation of environmental values, sustainability and efficient infrastructure provision are major themes that have been addressed in the Mount Peter Structure Plan that will remain a focus in all future planning stages. An assessment of the sustainability of the intended results of the Mount Peter Structure Plan is identified in the scorecard assessment below. It is important to note that the ongoing development of Mount Peter will be delivered by a third party which results in strong community and governance focussed outcomes.

CONSULTATION: Council has conducted significant consultation with stakeholders, landowners, State government and the wider community during the development of the Mount Peter Structure Plan.

27


The significant changes proposed outlined in the Sustainable Planning and Other Legislation Amendment Bill (2012) that will see the removal of declared master planning areas and processes will require Council to now provide this new information and advice to stakeholders, landowners and the wider community when the legislative amendments take place over the next few months. It should be noted that the exemplary and professionalism of Council’s master planning consultants and the working relationship established with Council, stakeholders and the Mount Peter community enabled the most comprehensive and informative level of documentation be developed – which will be a strong factor in ensuring that the Mount Peter Structure Plan, in whichever form it takes, will still deliver the outcomes for the Mount Peter and wider communities.

CONCLUSION:

It is recommended that Council notes draft Mount Peter Structure Plan and supporting information. The Queensland Government’s planning reforms in 2012 will negate the need for a Mount Peter Structure Plan and statutory Master Planning for the Mount Peter area. It is intended therefore that the valuable and comprehensive information contained within the Mount Peter Structure Plan (and supporting documentation) be used to guide the assessment of development under the CairnsPlan until the relevant provisions be incorporated in the new Cairns Region Planning Scheme. ATTACHMENTS: 1. Letter from DLGP 23 December 2011 - Proposed Mount Peter Structure Plan –

approval to proceed to public notification and Minister’s Conditions #3441909 2. Part 1 – Amendment to CairnsPlan – November 2012 and includes Maps,

Summary Report 3. Part 2 – Planning Scheme Policy 4. Part 3 – Implementation Plan 5. Part 4 – Trunk Infrastructure Report 6. Part 5 – Technical Reports Sandra Burke Mount Peter Project Manager Peter Boyd Manager Planning Strategies

28


ATTACHMENT 1 – Ministerial Conditions received 23 December 2011

29


30


31


32


33


34


35


36


37


38


39


40


41


42


43


44


45


46


47


48


49


50


Documents

LIVE-#3749628-v1-Agenda - Planning and Sustainability ......23 Agenda – Planning & Sustainability Committee 14 November 2012 - #3749628 1. Endorse Amendments to CairnsPlan – October