ORDINARY MEETING 11 · 24/04/2019 · Provide a Commercial Standard crossover to Dockery Street ... parking bay dimensions, aisle widths, speed control and provision for vehicle

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Agenda – Ordinary Meeting 24 April 2019 - #6022603

ORDINARY MEETING

24 APRIL 201911

MATERIAL CHANGE OF USE - DWELLING UNIT AND SHOP – 1-3 DOCKERY STREET, GOLDSBOROUGH – DIVISION 1

Katherine Wilson | 8/8/1513 | #5866932

PROPOSAL:

LANDOWNER:

APPLICANT:

LOCATION OF SITE:

PROPERTY:

ZONE:

PLANNING SCHEME:

NUMBER OF SUBMITTERS:

STATUTORY ASSESSMENTDEADLINE:

APPLICATION DATE:

DIVISION:

DWELLING UNIT AND SHOP

GOLDSBOROUGH VALLEY PROPERTIES P/L

GOLDSBOROUGH VALLEY PROPERTIES P/L C/- THE PROJECT CONSULTANT NQ PTY LTD PO BOX 4738 CAIRNS QLD 4870

GOLDSBOROUGH ROAD, GOLDSBOROUGH (NOW KNOWN AS 1-3 DOCKERY STREET, GOLDSBOROUGH)

LOT 1 ON SP296763 (NOW KNOWN AS LOT 1ON SP245591)

RURAL RESIDENTIAL

CAIRNSPLAN 2016 V1.2

73 SUBMISSIONS (71 PROPERLY MADE - 1FOR, 70 AGAINST)

30 JANUARY 2019 (EXPIRED)

16 JULY 2018

1

APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S)2. MARKED UP LOCATION FOR

ADVERTISING DEVICES3. NOTICE OF INTENTION TO COMMENCE

USE4. INFRASTRUCTURE CHARGES NOTICE5. SUPPORTING INFORMATION

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LOCALITY PLAN

RECOMMENDATIONS:

A. That Council approves the development application for Dwelling Unit andShop over land described as Lot 1 on SP245591, located at 1-3 Dockery Street,Goldsborough subject to the following:

APPROVED DRAWING(S) AND / OR DOCUMENT(S)

The term ‘approved drawing(s) and / or document(s)’ or other similarexpressions means:

Drawing or Document Reference DateSite Plan SK0.01 – Issue P7 15.02.19Floor Plans SK1.01 – Issue P6 15.02.19Shop Elevations SK2.01 – Issue P4 11.07.18Shop Elevations SK2.02 – Issue P4 11.07.18Residence Elevation SK2.03 – Issue P4 11.07.18Residence Elevation SK2.04 – Issue P4 11.07.18Indicative Landscape Plan SK0.02 – Issue P2 15.02.19Earth Test Report Ref SI 232-18 (Council Ref

# 5815660)July 2018

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Assessment Manager Conditions

1. This approval, granted under the provisions of the Planning Act 2016,shall lapse six (6) years from the day the approval takes effect inaccordance with the provisions of select one Section 85 of the PlanningAct 2016.

2. Carry out the approved development generally in accordance with theapproved drawing(s) and/or document(s), and in accordance with:

a. The specifications, facts and circumstances as set out in theapplication submitted to Council; and

b. The following conditions of approval and the requirements ofCouncil’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval

Timing of Effect

3. The conditions of the Development Permit must be effected prior toCommencement of Use, except where specified otherwise in theseconditions of approval.

Notice of Intention to Commence Use

4. Prior to commencement of the approved uses on the site, written noticemust be given to Council that the development fully complies with thisDevelopment Permit. Please return the attached “Notice of Intention toCommence Use” form when the use has commenced (Attached atAppendix 2).

Limitations on Use

5. The days and hours of operation for the approved Shop are limited to thefollowing:

a. Monday to Friday - 7:00am to 7:00pm; andb. Saturday and Sunday – 7:00am to 5:00pm.

6. The approved Shop is limited to the internal tenancy as identified on theapproved plan with a total GFA of 150.24m2. No retail component ispermitted on the ‘deck’ area as identified on the approved plans.

7. The approved Dwelling Unit must not be occupied by more than one (1)household.

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Materials and Finishes

8. Prior to the issue of a Development Permit for Building Work, theapplicant/owner must submit to Council details of the final materials,finishes and colours for use within the development. The materials,finishes and colours must compliment the rural residential characterin which the development is located.

NOTE: Materials, finishes and colours should not include lightcolours/finishes that would heavily contrast with the receivingenvironment (reflective, bright etc.).

Signage

9. Signage associated with the shop must be limited to two (2) under-awning signs per façade in the areas identified in red on the markedsketch attached as Appendix 2, with maximum dimensions of 3 metres x1 metre.

Details of the proposed signage must be accepted by Council prior to thecommencement of use.

All, and any other proposed signage must be approved by Council inaccordance with the applicable planning scheme and local laws.

External Works

10. Undertake the following works external to the land at no cost to Council:

a. Provide a Commercial Standard crossover to Dockery Streetfrontage generally in accordance with FNQROC DevelopmentManual Drawing S1015C, and the location and arrangement shownon the approved Plans of Development; and

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

Car Parking

11. A minimum of ten (10) on-site car parking spaces are to be provided asper the proposal plans.

12. The off-street car parking area associated with the ‘Shop’ must bedesigned in accordance with AS2890.1 Off-Street Car Parking includingparking bay dimensions, aisle widths, speed control and provision forvehicle turn around etc.

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13. All parking, driveway and vehicular maneuvering areas must beimperviously sealed, drained and line marked and maintained to thesatisfaction of the Chief Executive Officer.

14. Provision of space must be provided on site for vehicles to turn aroundso that all vehicles, including service vehicles, can enter and exit in aforward direction.

15. All loading and unloading associated with the approved Shop must occurwholly within the subject site.

16. Provide one (1) accessible off-street car park, such car parking spacemust be designed in accordance with AS2890.6 Off-Street Car Parking forPeople with Disabilities, including parking bay dimensions and sharedarea.

Drainage

17. The proposed development must not create ponding nuisances and/or aconcentration of stormwater flows to adjoining properties.

18. All stormwater from the property must be directed to a lawful point ofdischarge such that it does not adversely affect surrounding propertiesor properties downstream from the development, to the requirements andsatisfaction of the Chief Executive Officer.

Water Supply Works Internal

19. Undertake the following water supply works internal to the subject land:

a. The development must be serviced by a single internal waterconnection made clear of any buildings or structures.

The above works must be designed and constructed in accordance with the FNQROC Development Manual.

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.

On-site Effluent Disposal

20. The method of on-site effluent disposal must be in accordance with thePlumbing and Drainage Act 2002. Details of the wastewater treatmentsystem to be installed must be in accordance with report submitted byEarth Test report ref SI 232-18 dated July 2018.

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Damage to Infrastructure

21. In the event that any part of Council’s existing infrastructure is damagedas a result of construction activities occurring on the site, including butnot limited to, mobilisation of heavy earthmoving equipment, strippingand grubbing, the applicant/owner must notify Council immediately ofthe affected infrastructure and have it repaired or replaced by Council atthe developer’s cost, prior to the Commencement of Use.

Refuse Storage

22. The approved Shop must be serviced by a private waste collectioncontractor and is not entitled to Council’s kerbside collection service.

23. The refuse storage area for the approved Shop must be designed to bescreened from public view, imperviously sealed and located inaccordance with the approved plans.

Note: The approved Dwelling Unit is entitled to Council’s kerbsidecollection service

Air-Conditioning, Plant and Machinery Screens

24. Air-conditioning, plant and machinery units located above ground leveland visible from external properties and the street must be screened withappropriate materials to improve the appearance of the building. Suchscreening must be completed prior to the Commencement of Use.

Fencing

25. Install a 1.8 metre high timber paling screen along the common boundarywith Lot 2 on SP245591.Such fencing must be installed prior to theCommencement of Use and maintained for the duration of the use.

Street Lighting and Electrical

26. Where Ergon Energy requires the installation of a substation to augmenttheir network, a padmount type is to be incorporated within thedevelopment and positioned so that it does not detract from theappearance of the streetscape and must be clear of footpath areas.

27. Details of the transformer/ generator positioning must be endorsed bythe Chief Executive Officer prior to the issue of Development Permit forBuilding Work.

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Lighting

28. All lighting installed upon the premises including car parking areas mustbe certified by Ergon Energy (or such other suitably qualified person).The vertical illumination at a distance of 1.5 metres outside the boundaryof the subject land must not exceed eight (8) lux measured at any levelupwards from ground level.

Crime Prevention through Environmental Design

29. All lighting and landscaping is to be designed in accordance withCouncil’s Planning Policy SC6.4 – Crime Prevention throughEnvironmental Design.

Landscaping Plan

30. The site must be landscaped and irrigated in accordance with details included on a Landscaping Plan prepared by a suitably qualified Landscape Architect/Designer. The Landscaping Plan must show:

a. A landscaping buffer along the eastern boundary of the site as shown on the approved plan. The buffer must be a tiered planting, minimum of two (2) rows utilising a mixture of native trees and large shrubs. The nominated trees must present a minimum height of 5 metres at maturity;

b. A landscaping buffer along the southern front boundary of the site (excluding vehicle access points) as shown on the approved plan. The buffer must be a tiered planting, minimum of two (2) rows utilising native and tropical trees, palms, shrubs, grasses and groundcovers;

c. Fencing as required by Condition 25;

d. Details of refuse storage area;

e. Plantings to reflect CPTED requirements;

f. Details of suitable species are to be provided;

g. Details of any proposed on-street landscaping works must be provided and be in accordance with the FNQROC requirements; and

h. 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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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 first. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

B. That the following unique rates notations will be placed on Council’s future

rates record:

On-site Effluent Disposal The method of on-site effluent disposal must be in accordance with the Plumbing and Drainage Act 2002. A report previously approved prior to compliance certification of the survey plan is available from Council ref #5815660. Should the reserve area for the on-site sewerage Land Application Area be required, the level of treatment will need to be upgraded.

FURTHER ADVICE 1. 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.

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

relevant Local Laws and other statutory requirements. 3. Any advertising signs on the development site shall conform to the relevant

laws, polices and codes applied by Cairns Regional Council, to the requirements of satisfaction of the Chief Executive Officer.

4. Provision must be made for equitable access for persons with disabilities to

and within the site in accordance with Australian Standard AS1428. 5. The Applicant is advised that any future proposals to subdivide the land would

not be supported by Council. 6. Any further development on the subject site will require a Development

Application to be lodged with Council.

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Infrastructure Charges Notice 7. A charge levied for the supply of trunk infrastructure is payable to Council

towards the provision of trunk infrastructure in accordance with the Infrastructure Charges Notice. The original Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Infrastructure Charges Notice has been calculated according to Council’s Infrastructure Charges Resolution.

Please note that this Decision Notice and the Infrastructure Charges Notice are stand-alone documents. The Planning Act 2016 confers rights to make representations and appeal in relation to a Decision Notice and an Infrastructure Charges Notice separately.

The amount in the Infrastructure Charges Notice is subject to index adjustments and may be different at the time of payment. Please contact the Planning Approvals Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Infrastructure Charges

Notice. 8. Council will be implementing “smart” meters during the currency of this

development. The Plumbing contractor must confirm with Council, at the time of making a Development Application for Plumbing Works, what they type of water meter/should be installed.

9. For information relating to the Planning Act 2016 log on to

www.dilgp.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

LAND USE DEFINITIONS* In accordance with CairnsPlan 2016 v1.2 the approved land uses of Shop and Dwelling Unit are defined as: Shop – Premises used for the display, sale or hire of goods or the provision of

personal services or betting to the public. Dwelling Unit- A single dwelling within a premise containing a non-residential use. *This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

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EXECUTIVE SUMMARY Council is in receipt of a Development Application for a Development Permit for a Material Change of Use for a Shop and Dwelling Unit over land at 1-3 Dockery Street, Goldsborough, more particularly described as Lot 1 on SP245591. At the time of lodgement, the lot description of Lot 1 on SP296763 was current, since that time the lot number has changed as a result of plan sealing registration, the lot is now formally described as Lot 1 on SP245591. The site and surrounding locality is zoned Rural Residential under CairnsPlan 2016 v1.2. The development site is affected by the Flood and Inundation Hazard Overlay (Flood Plain), Landscape Values Overlay (Medium Landscape Value) and the Transport Network Overlay. The proposed uses of Shop and Dwelling Unit are Impact Assessable within the Rural Residential Zone. The application was publicly advertised between 20 August 2018 and 10 September 2018 and received 71 properly made submissions (1 submission for the development and 70 against the development). The key concerns raised in the submissions related to inconsistencies with the planning scheme, traffic, impacts on character and amenity and future development on the subject site. The proposal represents a ‘centre activity’ being located in within the Rural Residential Zone. Sufficient information has been provided to demonstrate that there is a need for the proposed development and that it will not compromise the role and function of other activity centres. The proposal is of a form that does not compromise the rural residential character of Goldsborough. The development is considered to comply with the Overall Outcomes and Performance Outcomes of the applicable codes and is therefore recommended for approval, subject to reasonable and relevant conditions. TOWN PLANNING CONSIDERATIONS Background The development site is located on recently created Lot 1 on SP245591 which has a site area of 4,067m2 with three (3) street frontages to Dockery Street, Downing Road and Goldsborough Road. Lot 1 on SP245591 was not created at the time of the Development Application being lodged and the application was originally lodged over part of Lot 1 on SP296763. The new lot was created as part of a recent Reconfiguring a Lot approval at Goldsborough Road, Goldsborough. The approval sought lots that varied in lot size from 4,000sqm to 1.492ha and the retention of a large lot having a site area 6.455ha to be accessed via Downing Road. Proposal The development application seeks a Development Permit for a Material Change of Use for a Shop and a Dwelling Unit.

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The Shop and Dwelling Unit are proposed to be located in two single storey detached structures. The Shop will have a gross floor area of approximately 192m2 with an unenclosed verandah on three sides. The Dwelling Unit is proposed to have four bedrooms, a double garage and a total floor area of 280m2. The shop is to be located on the western side of the lot (adjacent to Goldsborough Road) and the Dwelling Unit is located on the eastern side of the lot, both fronting Dockery Street. Access to the proposed development would be via a shared crossover (approximately 6 metres wide) off Dockery Street. Ten onsite car parking spaces are proposed for the Shop. A landscaping buffer is proposed between the common boundary and the adjoining lot to the east of the subject site. Further landscaping is proposed to the frontage to Goldsborough Road and Dockery Street to enhance the visual amenity of the development. ASSESSMENT BENCHMARKS Under CairnsPlan 2016 v1.2, the Table of Assessment for the Rural Residential Zone identifies that a Material Change of Use for a ‘Shop’ and a ‘Dwelling Unit’ triggers Impact Assessment. Accordingly, Section 45 of the Planning Act 2016 provides the relevant matters that Council as Assessment Manager must consider in the assessment of the application. The following sections of this report provide Council’s assessment against the relevant matters for both the Shop and Dwelling Unit. CairnsPlan 2016v1.2 Assessment Strategic Framework The table below comprises Officers assessment against the relevant aspects of the Strategic Framework of the CairnsPlan 2016 v1.2. Strategic Framework Officer Comment Settlement Pattern Theme 3.3.1 Strategic Outcomes The application promotes the provision of services to the

Goldsborough community. As the Development Application states “the rural residential area of Goldsborough has been consistently showing development growth….at present there are no convenience facilities or services provided in the area to serve the existing or expected population”.

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3.3.2 Element – Centres and Centre Activities

The outcomes of the element identifies expansion of centres only occurs where a community need can be demonstrated and the expansion does not compromise the amenity of surrounding areas or the role and successful function of other centres within the hierarchy of centres identified in section 3.3.2.1(2). The application seeks approval for a ‘centre activity’ within the Rural Residential Zone. The Applicant has submitted an Economic Assessment of the proposed use which identifies that there is a ‘community need’ for the Shop. A peer review of the submitted Economic Assessment Report concludes that “the inclusion of a local store fulfils a universal social need”. The proposed development is intended to service the shopping needs of the Goldsborough community, it is not considered of a scale that would compromise the hierarchy of centres or the health and viability of any existing and established centres. Conditions have been included within the recommendation, which ensure that the amenity of the surrounding area is not compromised.

3.3.6 Element – Rural Area The development site is currently zoned Rural Residential and therefore has limited agricultural potential; however agricultural uses would be supported within the Rural Residential Zone. It is not considered that the proposed land uses will conflict with agricultural uses as the site is subject to a recent rural residential subdivision approval; creating 4,000m2 residential allotments.

3.3.9 Element – Built Form, Design and City Image

The development proposes two (2) detached single storey structures. The proposed structures are considered to be in keeping with the dominant Rural Residential character of the area. Conditions have been included which require fencing and significant landscaping to site boundaries to allow the development to contribute to an attractive streetscape and to ensure that the proposed on-site car parking does not dominate the streetscape.

3.3.11 Element – Community Health and Wellbeing

The Goldsborough region is growing and therefore this application is able to cater to the changing community characteristics, trends and needs.

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Natural Areas and Features Theme 3.4.1 Strategic Outcomes

Due to the past agricultural activities over the site, the site is not vegetated. The Development Application does not impact any areas of environmental significance.

3.4.2 Element – Biodiversity

The proposed development site until recently has primarily been used for agriculture (cropping of sugar cane) and is therefore devoid of a high level of biodiversity such as endangered or vulnerable flora and fauna species. The site is subject to a current Reconfiguration of a Lot application to create rural residential allotments.

3.4.4 Element – Landscapes

The development site has been created with the intent of it being a rural residential allotment. The proposed development has been designed to be two (2) single detached structures that Officer’s consider in keeping with the expected character of the area and therefore the development will not detract from the region’s landscape values.

Economy Theme 3.5.1 Strategic Outcomes The intent of the Strategic Framework theme is achieved

through providing economic benefits and opportunities are maximised through the promotion of appropriate land uses, minimisation of land use conflicts and protection of significant infrastructure. It is acknowledged that the proposed ‘centre activity’ is an inconsistent land use within the Rural Residential Zone; however, the Economic Needs Assessment provided by the Applicant demonstrates that there is a ‘need’ for a small convenience store.

3.5.2 Element – Strong and Diverse Economy

The Strategic Framework supports development that contributes to diversifying the economy in locations where development is complimentary to scale, is highly accessible, avoids areas vulnerable to natural hazards and is supported by necessary infrastructure. It is considered that the application satisfies these requirements.

3.5.4 Element – Agriculture The land that the proposed development is located on has previously been subject to subdivision approval in which the viability of agricultural land would have been assessed.

Infrastructure Theme 3.6.1 Strategic Outcomes The Development Application does not compromise the

strategic outcomes. 3.6.3 Element – Transport Any potential traffic/transport issues have been assessed

as part of this application and conditions have been recommended to mitigate these.

3.6.4 Element – Water and Waste

The development would ultimately be connected to the reticulated water and an on-site waste water disposal system is proposed to be installed in accordance with the Waste Water Management Report provided as a part of the Development Application.

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ASSESSMENT BENCHMARKS The proposed development was also assessed against the following assessment benchmarks of CairnsPlan 2016 v1.2:

Assessment Benchmarks

Zone Rural residential

Local Plans

None applicable

Overlays Flood and inundation hazards Landscape values Transport network

Development codes

Centre design Environmental performance Excavation and filling Infrastructure works Landscaping Parking and access Vegetation management

Rural Residential Zone and Centre Design Code The purpose of the Rural Residential Zone is “to provide for residential development on large lots where local government infrastructure and services may not be provided on the basis that the intensity of development is generally dispersed”. The purpose of the Centre Design Code is “to ensure centre activities are developed to support community need and reinforce the hierarchy of activity centres and are of a high quality design and appropriately respond to local character, environment and amenity considerations”. Performance Outcome PO3 of the Centre Design Code requires development is located within an existing Centre Zone, Mixed Use Zone (precinct 1 or 2), within a building containing an existing centre activity or an identified precinct within a Local Plan. The proposed development is not located within any of the identified areas of PO3 and is therefore not able to achieve compliance with this Performance Outcome. The Development Application seeks to locate the ‘centre activity’ of a Shop within the Rural Residential Zone. Performance Outcome PO4 of the Centre Design Code states that centre activities are only to be established outside an appropriately identified area where: a community need is demonstrated for the activity centre; the centre activity does not compromise the establishment of consolidated activity

centres with distinct roles and functions across the Region;

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the centre activity does not compromise the role and function of activity centres in the established hierarchy of activity centres for the Region;

the centre activity is located in a highly accessible place within the community it serves, not on the periphery;

the centre activity does not compromise the character and integrity of surrounding areas.

Demonstrated Need Foresight Partners on behalf of the Applicant have prepared an Economic Assessment for the Development Application (see Appendix 4). The Economic Assessment concludes that “there is a significant and growing need for the subject proposal to address the lack of a local retail shop”. Council Officers engaged a third party to review specific aspects of the Economic Assessment, in particular the accuracy and appropriateness of the methodology and inputs used to generate the forecasted annual turnover for the proposed development and a determination as to whether there was an identified need for the proposal. The peer review did not support the optimistic economic forecast of the submitted Economic Impact Report but it did conclude that “the inclusion of a local store fulfils a universal social need”. It is considered that the community need for the proposed Shop has been demonstrated within the Economic Assessment. The proposed development is considered a small scale convenience ‘shop’ with the intention of servicing the convenience shopping needs of the existing and future Goldsborough community. The scale of the shop will not compromise the hierarchy of existing centres. Location For a ‘centre activity’ to be located outside of an appropriately identified area it should located on a site that is highly accessible to the local community. Officers consider the chosen location to be highly accessible and convenient to the community of Goldsborough. Currently the nearest ‘shopping facility’ for Goldsborough residents is located 8km away in Gordonvale. Therefore, positioning a ‘Shop’ at the entrance to Goldsborough will significantly reduce travel times for residents to purchase basic supplies. The establishment of the land use should be located where it will have the least impact on the surrounding area and existing/future residents. The site is considered appropriate in that there is only one adjoining land owner, with the other three boundaries having street frontages.

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Character/Integrity The development is intended to be established on a lot which has been created for a rural residential living. It is considered that the design of the structure is of a scale which is generally consistent with the residential dwellings of Goldsborough. The Application appropriately describes the proposal as “small scale, consistent with the needs of a Rural Residential community and would not generate traffic, noise, dust or odour that would adversely affect the overall amenity of the area”. A number of conditions relating to visual amenity were recommended to ensure that the rural residential character of the area is maintained. The conditions include requirements for building colours, landscaping buffers, fencing, location of bin storage and the onsite car parking layout. Car parking The development proposes to provide ten (10) on site car parking spaces for the proposed Shop which has a total gross floor area of 150.25m2. The Parking and Access Code requires the development to provide onsite car parking at a rate of 1 space per 25m2 for the shop, therefore a minimum of eight (8) car parking spaces. The development is considered to provide a sufficient number of onsite car parking spaces to meet the demand generated by the ‘Shop’. The provision of extra spaces will reduce the likelihood of reliance on on-street car parking. RELEVANT MATTERS FOR IMPACT ASSESSMENT: The following matters were given regard to or assessment carried out against, in undertaking the assessment of this development application under Section 45 of the Planning Act 2016. Relevant matters Assessed against or if had regard to State Planning Policy The Minister has identified that the planning scheme appropriately

advances the SPP except for the Erosion Prone Area. Accordingly compliance with the applicable state interests is reflected in compliance with the Planning Scheme.

Regional Plan The Minister has identified that the planning scheme, specifically the strategic framework, appropriately advances the Far North Queensland Regional Plan 2009-2031, as it applies in the planning scheme area. Compliance with the Far North Queensland Regional Plan 2009-2031 is demonstrated through the compliance with the CairnsPlan 2016 v1.2.

Planning Need Planning need was given regard to in undertaking the assessment of this development application. See more detailed discussion relating to demonstrated need within the report.

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MATTERS RAISED IN SUBMISSIONS FOR IMPACT ASSESSABLE DEVELOPMENT The proposal was publicly notified for a minimum of 15 business days in accordance with Impact Assessable procedures outlined in Part 4 of the Development Assessment Rules (DA Rules). A Notice of Compliance was received on 12 September 2018. A summary of the submissions received is provided in the table below: No. of submissions received: 71 Properly Made 2 Not Properly Made Nature of properly made submission 1 Support 70 Object

The following matters were raised in properly made submissions. Point of Submission Applicant’s Comments Officer Comment Inconsistent with Planning Scheme The proposed use is not consistent with the Rural Residential Zone Code

It is considered that many of these submissions are addressed in the planning report.

An assessment of the development proposal against the applicable provisions of the CairnsPlan 2016 v1.2 has been undertaken. The development is considered to be consistent with the relevant aspects of the Planning Scheme.

Overdevelopment of the site The scale, bulk and design of the proposed development is not compatible with the surrounding development.

The assessment demonstrates that the site coverage is calculated at less than 15%, which is consistent with the Acceptable Outcomes contained within the Planning Scheme. Furthermore, as demonstrated in the planning application material, the bulk, form, height and scale of the development complies with that encourage by the planning scheme and is consistent with the existing and intended built form in the locality.

A number of conditions of approval have been included within the recommendation to ensure that the development preserves and maintains a high level of rural residential amenity.

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Developer has failed to carry out a ‘Needs Analysis’. Lack of demonstrated need

Foresight Partners Pty Ltd have prepared an Economic Impact and Needs Assessment of the proposed shop…. The assessment concludes that need is demonstrated for the proposed shop; that the is able to be supported by the local community; the proposed shop will not threaten the existing retail network and that the proposed development offers the benefit of enhanced competition and an increased sense of community in Goldsborough.

In response to the submissions received Council requested that the Applicant demonstrate the ‘need’ for the proposed development by undertaking an Economic Needs Assessment. Foresight Partners Pty Ltd have prepared an Economic Impact and Needs Assessment on behalf of the Applicant and the assessment concluded that “assessment concludes that need is demonstrated for the proposed shop; that the use is able to be supported by the local community; the proposed shop will not threaten the existing retail network and that the proposed development offers the benefit of enhanced competition and an increased sense of community in Goldsborough”. Adequate information has been provided to demonstrate that there is a need for the proposed use.

Rural ambience will be destroyed by the construction of a retail centre.

With respect to the ‘rural ambience’ it is important to note that the site and surrounding land is identified in the Rural Residential Zone and not the Rural Zone. There is a large parcel of land that is zoned rural residential and is yet to be developed located to the west of the subject land. Once the area is fully developed it would be consistent with the planning scheme intent for the area to reflect a rural residential area with the predominant form of development being dwelling houses on large allotments. It is forecasted that the area would accommodated in order of 700 rural residential allotments when fully developed in accordance with the Planning Scheme provisions.

A number of conditions of approval have been included within the recommendation to ensure that the development preserves and maintains a high level of rural residential amenity.

Increased traffic and traffic safety concerns

The principle planning matter that is identified in these submissions is the impact that the proposed development would have on the traffic in the locality through increased traffic generation.

Traffic and traffic safety concerns have been assessed and addressed previously in this report.

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Flooding concerns It is important to note that the previous reconfiguring a lot approval requires the development site to be developed to provide an acceptable level of flood immunity. It is understood that it has been accepted by Council that the necessary flood immunity has been achieved.

Officer’s agree with the response provided by the Applicant with respect to flood immunity.

Number of car parking spaces proposed on the site.

With regard to on-site car parking this is propped to be provided to meet the Acceptable Outcomes of the planning scheme.

The development proposes ten (10) onsite car parking spaces. The Planning Scheme requires a minimum of 8 spaces for the proposed ‘Shop’. Officers consider that the provision of extra spaces (two more than required by the Planning Scheme) will reduce the likelihood of reliance on on-street car parking.

No consideration /provision of disabled parking on site.

No response was provided. A condition has been included requiring a minimum of one (1) accessible parking space to be provided on site, in accordance with the Planning Scheme.

Hours of Operation The opening hours of the proposed convenience shop are proposed to be 7am to 7pm, 7 days per week. These hours are consistent with standard hours for convenience shops that operate with standard hours for convenience shops that operate within residential areas and have been identified in order to provide the convenience top up shopping needs to be met during a normal working week.

Conditions have been included within the recommendation for the hours of operation to be limited to 7am to 7pm, Monday to Friday and 7am to 5pm, Saturday and Sunday.

Possible change of use in the future.

The consideration of what could happen in the future is not considered to be a relevant planning ground and is not considered relevant to the assessment of the current application. As Council is no doubt aware they are only able to assess and decide the application that has been submitted.

Any future uses of/on the site will more than likely require a further Development Application.

Location of shop within new rural residential subdivision

No response was provided by the applicant.

It is acknowledged that the proposed Shop/Dwelling Unit are located within a new rural residential subdivision with the new lots only being titled recently. With this in mind, it should be noted that any/every land owner has the right to lodge a development application on their land.

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Concern for the introduction of a bottle shop to Goldsborough

No response was provided. In Queensland, liquor licences are regulated by the Office of Liquor and Gaming Regulation (OLGR). The development application being assessed by Council is for a Shop as defined by CairnsPlan 2016 v1.2: “Premises used for the display, sale or hire of goods or the provision of personal services or betting to the public”. A bottle shop is included within the definition of a shop.

Non-compliance with CairnsPlan 2016 v1.2 requirements for a Secondary Dwelling

The Applicant did not provide a response to this item.

The proposed development seeks approval for a ‘Shop’ and a ‘Dwelling Unit’ rather than a ‘Secondary Dwelling’. The Planning Scheme defines a ‘Dwelling Unit’ as “a single dwelling within a premise containing non-residential use(s)” and defines a ‘Secondary Dwelling’ as “a dwelling used in conjunction with, and subordinate to, a dwelling house on the same lot”. No further discussion required as a Secondary Dwelling was not included as a component of the Development Application.

Concerns relating to how the development addresses the street and interfaces with the adjoining properties.

The bulk, form, height and scale of the development complies with that encouraged by the planning scheme and is consistent with the existing and intended build form in the locality.

A number of conditions of approval have been included within the recommendation to ensure that the development preserves and maintains a high level of rural residential amenity. Specifically conditions limiting future advertising devices associated with the proposed uses.

There has been no community consultation.

There is no requirement to undertake public consultation outside of the statutory public notification and the Public Notification undertaken satisfied the statutory requirements.

The Applicant has conducted Public Notification in accordance with the requirements of the Planning Act 2016.

Concern regarding Aboriginal cultural heritage

There was no consultation with the traditional owners.

The site has no exclusive native title rights. Cultural heritage Duty of Care compliance ultimately lies with the person or entity conducting the activity and penalty provisions apply for failing to fulfil this Duty of Care.

REASONS FOR DECISION The site is located within the Rural Residential Zone of the CairnsPlan 2016v1.2. The land uses of Shop and Dwelling Unit require an ‘Impact Assessable’ development application and has been assessed against the relevant provisions as outlined in the Planning Act 2016. The application has been recommended for approval; the reasons for this decision are:

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1. The proposed development is consistent with the State Planning Policy and Far North Queensland Regional Plan.

2. The proposed development does not conflict with the Strategic Framework under

CairnsPlan 2016 v1.2, when read as a whole. Specifically, the proposal does not conflict with Element 3.3.2 Centres and Centre Activities of the Settlement Pattern Theme.

3. The application material has sufficiently demonstrated that there is a ‘need’ for the

proposed uses of Shop and Dwelling Unit in the subject location in accordance with the Centre Design Code of CairnsPlan 2016 v1.2.

4. The proposed development has been appropriately designed and sited to

minimise/mitigate any potential impacts (traffic, amenity etc.) of the rural residential landscape. Where appropriate, relevant and reasonable conditions have been recommended.

5. The proposed development generally complies with the applicable Assessment

Benchmarks contained within CairnsPlan 2016 v1.2. Where strict compliance has not been demonstrated with the Acceptable Outcomes, the Applicant has demonstrated the development can achieve a suitable Performance Outcome. Where appropriate, relevant and reasonable conditions have been recommended for inclusion to ensure compliance is achieved.

Katherine Wilson Planning Officer Action Officer

Peter Boyd Manager Strategic Planning & Approvals

Kelly Reaston General Manager Planning & Environment

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APPENDIX 1: Approved plan(s) & document(s)

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APPENDIX 2 - MARKED UP LOCATION FOR ADVERTISING DEVICES

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APPENDIX 3: Notice of Intention to Commence Use Notice of Intention to Commence Use DEVELOPMENT PERMIT Planning Act 2016

Development Permit 8/8/1513 Date of Approval 23 January 2019 Approved Use Dwelling Unit and Shop Location 1-3 Dockery Street, GOLDSBOROUGH

Property Description Lot 1 on SP296763 I/we are hereby notifying Cairns Regional Council of my/our intention to commence the approved use outlined above on ___________________________________________ (insert date).

I have read the conditions of the Decision Notice issued and believe that all the applicable conditions have been complied with. Applicant:

Address:

Contact Phone:

Signature of Applicant/Owner:

Date:

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APPENDIX 5 – SUPPORTING INFORMATION

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Documents

ORDINARY MEETING 11 · 24/04/2019 · Provide a Commercial Standard crossover to Dockery Street ... parking bay dimensions, aisle widths, speed control and provision for vehicle