Town Planning Repor t - Mackay Council · We have prepared this report for the sole purposes of VEDT Management Pty Ltd Trustee for Veuve Education Trust (“Client”) for the specific

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Town Planning Report

In support of an application for a Development Permit for a Material Change of Use to establish a Child Care Centre at: 2-4 Discovery Lane, Mount Pleasant, Queensland 4740

November 2015

Prepared by:

RPS AUSTRALIA PTY LTD

PO Box 5497 Gladstone QLD 4680 T: +61 4972 6211 F: +61 4972 3750 E: [email protected] Report Number: PR122915-7 Version / Date: November 2015

sarahwe

Received (Manual Date)

PR122915-7 RPS Planning Report Version 1.0 Page 1

IMPORTANT NOTE Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted under the Copyright Act, no part of this report, its attachments or appendices may be reproduced by any process without the written consent of RPS Australia East Pty Ltd. All enquiries should be directed to RPS Australia Pty Ltd.

We have prepared this report for the sole purposes of VEDT Management Pty Ltd Trustee for Veuve Education Trust (“Client”) for the specific purpose of only for which it is supplied - Development Application for a Material Change of Use to establish a Child Care Centre. This report is strictly limited to the purpose and the facts and matters stated in it and does not apply directly or indirectly and will not be used for any other application, purpose, use or matter.

In preparing this report we have made certain assumptions. We have assumed that all information and documents provided to us by the Client or as a result of a specific request or enquiry were complete, accurate and up-to-date. Where we have obtained information from a government register or database, we have assumed that the information is accurate. Where an assumption has been made, we have not made any independent investigations with respect to the matters the subject of that assumption. We are not aware of any reason why any of the assumptions are incorrect.

This report is presented without the assumption of a duty of care to any other person (other than the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a Third Party or for other uses. Without the prior written consent of RPS Australia Pty Ltd:

(a) this report may not be relied on by a Third Party; and

(b) RPS Australia East Pty Ltd will not be liable to a Third Party for any loss, damage, liability or claim arising out of or incidental to a Third Party publishing, using or relying on the facts, content, opinions or subject matter contained in this report.

If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report with or without the consent of RPS Australia Pty Ltd, RPS Australia Pty Ltd disclaims all risk and the Third Party assumes all risk and releases and indemnifies and agrees to keep indemnified RPS Australia East Pty Ltd from any loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.

In this note, a reference to loss and damage includes past and prospective economic loss, loss of profits, damage to property, injury to any person (including death) costs and expenses incurred in taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs, compensation, interest and any other direct, indirect, consequential or financial or other loss.


RPS DOCUMENT CONTROL

Originating Office: Gladstone Address: Level 1, 173 Goondoon Street PO Box 5497 Gladstone QLD 4680 Telephone: 07 4972 6211 Facsimile: 07 4972 3750 Web www.rpsgroup.com.au ACN: 44 140 292 762

Job Number: PR122915-7 Job Name: MCU for a Child Care Centre Client Manager: Stephen Enders Document Title: MCU for Child Care Centre Author: Stephen Enders Client: VEDT Management Pty Ltd Trustee

for Veuve Education Trust Client Contact: Client Reference: Synopsis:

REVISION / CHECKING HISTORY

No. Author Reviewer 1. Stephen Enders Stephen Enders

APPROVAL FOR ISSUE

Name Position Signature Date

Stephen Enders Planning Contractor

6/11/2015

FINAL DISTRIBUTION

VEDT Management Pty Ltd Trustee for Veuve Education Trust 1

PR124556-1 ( Electronic) 1

RPS Library - Gladstone 1 Mackay Regional Council 1 Electronic Copy (Smart eDA)

http://www.rpsgroup.com.au/


Contents RPS DOCUMENT CONTROL 2

REVISION / CHECKING HISTORY 2 APPROVAL FOR ISSUE 2

FINAL DISTRIBUTION 2

SUMMARY 1

SUMMARY TABLE 1

1.0 SITE INFORMATION 3

1.1 Site Details 3 1.2 Planning Context 4

1.3 Site Characteristics 5

1.4 Surrounding Land Uses 7

2.0 APPLICATION DETAILS 8

2.1 General Description 8 3.0 BACKGROUND 9

3.1 Previous Approvals 9

3.2 Pre-lodgement Meetings 9

3.3 Community Consultation 10

4.0 PROPOSAL 11

4.1 Proposal 11

4.1.1 Land Use 11

4.1.2 Site Cover & Setbacks 11

4.1.3 Landscaping and Open Space 12

4.1.4 Car Parking and Vehicular Access 12

4.1.5 Infrastructure Services 12 5.0 LEGISLATIVE REQUIREMENTS 13

5.1 Sustainable Planning Act 2009 (SPA) 13

5.1.1 Confirmation that Development is not Prohibited 13

5.1.2 Assessable Development 13

5.1.3 Assessment Manager 13

5.1.4 Level of Assessment 13

5.1.5 Statutory Considerations for Assessable Development 13 5.1.6 Referral Agencies 13

5.1.7 Public Notification 14

5.1.8 State Resource 14 5.2 Environmental Protection and Biodiversity Conservation Act 14

6.0 STATUTORY PLANNING ASSESSMENT 15


6.1 Overview 15

6.2 State Planning Regulatory Provisions 15 6.3 Regional Plan 15

6.4 State Planning Policies 15

6.5 Structure Plan 16

6.6 Master Plan 16

6.7 Temporary Local Planning Instruments 16

6.8 Planning Scheme 16

6.8.1 Applicable Codes 18

6.8.2 Adopted Infrastructure Charges Plan 18

6.8.3 Planning Scheme Alternative Solutions 18 7.0 CONCLUSION 20

Figures Figure 1: Locality Plan Figure 2: Smart Map Figure 3 Zoning Plan Figure 4: Image of Site

Appendices Appendix A: Title & Planning Searches Appendix B: Code Compliance Assessment Appendix C: Conceptual Stormwater Management Plan Appendix D: Letter and response from Council Addressing Flooding Appendix E: Survey Plan Appendix F: Landscape Plan Appendix G: Proposal Plans


Summary

RPS has been engaged by VEDT Management Pty Ltd Trustee for Veuve Education Trust to seek development approval for a Material Change of Use to establish a 143 place Child Care Centre on land at 2-4 Discovery Lane, Mount Pleasant, Queensland 4740. The subject site comprises an existing lot and is more properly described as Lot 19 on SP123754 and currently has a total site area of 3607m². This development application seeks approval for the following aspects of development:

Development Permit for a Material Change of Use to establish a Child Care Centre. Under the Mackay City Planning Scheme 2006, the subject site is within the Mackay Frame Locality, Goosepond Creek (Frame) Precinct and Commercial Zone. A Child Care Centre is code assessable under these provisions. Councils latest flood mapping indicates the site is impacted by flooding and will be required to be filled to achieve the finished floor level of 8.756m AHD (300mm above DFE). The centre has a finished floor level of 8.8m AHD.

The proposed development is generally in compliance with the acceptable outcomes of the planning scheme codes and where not an alternative solution has been provided which demonstrates compliance with the specific outcome. This report provides greater detail on the nature of the proposal, and provides an assessment of the proposal against the intents and code requirements of relevant statutory planning documents.


Summary Table

Site Details

Site Address: 2-4 Discovery Lane, Mount Pleasant, Queensland 4740

Real Property Description: Lot 19 on SP123754

Total Site Area: 3607m2

Zone/Neighbourhood Plan: Mackay Frame Locality Goosepond Creek (Frame) Precinct Commercial Zone

Name of Owner: Northbank Medical Pty Ltd

Type of Application

Aspect of Development Preliminary Approval Development Permit

Making a Material Change of Use

Reconfiguring a Lot

Carrying out Building Work

Carrying out Operational Work

Prelodgement / Consultation

Entity Yes/No Date Contact Name

Council DA Team: 13/08/ 2013 Shane Cleve - Acting Manager Development Services

Council (Other):

Referral Agency/s

Community:

Local Councillor:

Other:

Proposal

Brief Description / Purpose of Proposal:

Development Permit for a Material Change of Use to establish a single storey 143 place Child Care Centre.

Development Staging: Not Applicable

Referral Agencies

Agency Concurrence Agency

Advice Agency

Pre-lodgement Referral Agency Response

DILGP (DTMR) Yes No

Other

Level of Assessment: Code Code Notifiable Impact


Public Notification No Yes (15 b.d.) Yes (30 b.d.)

Superseded Planning Scheme Application: Yes No

Assessment Manager/Council Officer/s Previously Involved:

Shane Cleve - Acting Manager Development Assessment

Applicant Contact Person: Stephen Enders


1.0 Site Information

1.1 Site Details

Key details of the subject site include:

Address 2-4 Discovery Lane, Queensland 4740 Refer Figure 1 – Locality Plan

Real Property Description Lot 19 on SP123754 Refer Figure 2 – Smart Map

Total Site Area 3607 m2

Land Owners Northbank Medical Pty Ltd Refer Appendix A – Certificate of Title

2-4 Discovery Lane, Mount Pleasant, Queensland 4740

Figure 1 – Locality Plan

Source: Google Earth – Queensland Globe

Subject Site


Lot 19 on SP123754, Parish of Bassett

Figure 2 – Smart Map

1.2 Planning Context

The planning context of the site includes: Regional Plan designation Mackay Isaac and Whitsunday Regional Plan – Urban Footprint

locality Mackay Frame Locality

Precinct Goosepond Creek (Frame) Precinct

Zoning Commercial

Relevant Overlays Airport Obstacle Limitation Surface levels overlay 40 - 50mAHD Airport Development Distances 3-6Km Flood Affected Land Overlay

Subject Site


Figure 3 – Zoning Map

1.3 Site Characteristics

The key site characteristics include: Topography The site is currently vacant and best described as flat. Levels of the site

range between approximately 7.75m to 8.0m across the site with the lowest area being in the north east corner.

Vegetation The subject site contains no vegetation. The site is not mapped as containing regulated vegetation.

Services The subject site has access to all essential service infrastructure to allow

Subject Site


the development to proceed:

- Reticulated Sewerage; - Reticulated Water; - Stormwater - Reticulated Electricity; - Sealed access roads; and - Telecommunications

Refer to attached survey plan for further information on services.

Waterways No waterways exist on the subject site.

Road Frontages Subject site has three road frontages being: • Sams Road – Approximate 40m ( State Controlled Road) • Willetts Road – Approximately 75m ( Council Road) • Discovery Lane – Approximately 46m ( Council Road)

Existing use of site The subject site is vacant.

Contaminated Land A search of the Contaminated Land Register and Environmental Management Register was undertaken and Lot 19 on SP1123754 is not included on either register.

Insert Other The subject site is not located within a coastal management district. No works as part of this application are proposed in coastal hazard areas or erosion prone areas.

Figure 4 below shows the site looking north from Discovery Lane.

Figure 4 – Photograph of Site Source : Google Maps


1.4 Surrounding Land Uses

Immediately surrounding land uses comprise: North Directly to the north of the subject site is Sams Road which is a State

Controlled Road. On the other side of Sams Road on the northwest corner of Willetts Road is a commercial building containing a number of tenancies. Further to the north the land falls away to open space in the Goose ponds creek area.

East Immediately adjoining to the east is Willetts Road and then a vacant block of land which has an approval on it for a Hospital use. Further east and north east is lower density residential development.

South To the immediate south is Discovery Lane with a vacant commercial block of land on the southern side of Discovery land. Further south is Mackay Day Surgery and other commercial uses including medical facilities.

West To the immediate west is a commercial building including a mix of tenancies including Eagles Boys. Further west along Discovery lane exists further commercial businesses and uses including Maritime Safety.


2.0 Application Details

2.1 General Description

Aspects of Development Sought

Development Permit for a Material Change of Use to establish a 143 place Child Care Centre.

Applicant

VEDT Management Pty Ltd Trustee for Veuve Education Trust C/- RPS Australia East Pty Ltd PO BOX 5497 GLADSTONE QLD 4740 T: 07 4972 6211

Contact Persons Stephen Enders (contract Town Planner)


3.0 Background

3.1 Previous Approvals

A search of Mackay City Councils PD online data base indicated that there are no recent previous approvals on the existing parcel. Although it seems that limited data is available on PD online relating to existing DA’s over a site.

3.2 Pre-lodgement Meetings

A pre-lodgement meeting was held with regard to the proposed development on 13 August 2015 with the Mackay Development Assessment Acting Manager, Shane Cleves. Key issues and outcomes from the meeting are discussed below: 1. Flooding It was confirmed at the prelodgement meeting that the site is impacted by flooding and would require filling to the Defined Flood Level which is 8.456mAHD. Previous information and report from Pinnacle Engineers had been submitted to Council which Council confirmed satisfactorily addressed this issue. Finished Floor levels are at 8.8m AHD which is greater than 300mm above the DFE. 2. Setbacks/Landscaping Council requested that additional landscape buffer be provided to the car park fronting Discovery lane. It was suggested a 2m setback /landscape buffer would be adequate. The plans now incorporate a 2m setback and landscaped area. Setback to Sam’s Road is in excess of 6m as requested by Council. 3. Car parking/ Access The Child Care Code requires a dual driveways and drop off area. It was confirmed in the meeting this would not be required by Council. Council did request that staff parking be located near the driveway entry so as to ensure drop off spaces for children were maximised near the centre entry and minimise conflicts at the entry exit point to the site. It was also confirmed at the meeting a total of 36 car parking spaces was adequate. 4. Reports It was confirmed at the meeting that the following reports would need to be submitted in support of application:

• Town Planning; • Stormwater Management Plan; • Flooding Report ( Report submitted prior to prelodgment was satisfactory); • Architectural including perspectives from Sams Road; and • Landscape Concept Plan.

This application contains all the above information.


3.3 Community Consultation

The level of assessment for this application is code assessable and is therefore not subject to public notification.


4.0 Proposal

4.1 Proposal

RPS has been engaged by VEDT Management Pty Ltd Trustee for Veuve Education Trust to seek development approval for a Material Change of Use to establish a 143 place Child Care Centre on land at 2-4 Discovery Lane, Mount Pleasant, Queensland 4740. The subject site is more properly described as Lot 19 on SP123754 and has a total site area of 3607m². This development application seeks approval for the following aspects of development:

Development Permit for a Material Change of Use to establish a Child Care Centre

The centre will be accessed from the lower order street being Discovery Lane. The subject site also has frontage to Willetts Road and Sams Road however access from these frontages is not desirable. Sams Road is a state controlled road. Pedestrian access will be available to the centre from Discovery Lane via pedestrian footpath along Willets Road frontage. A signalised intersection exists at the intersection of Willets Road and Sams Road. This signalised intersection provides pedestrian access from the north of the subject site. The proposal will employ 26 staff with hours of operation being between 6.00am to 6.00pm Monday to Friday. The proposal provides for 36 onsite car parking spaces consistent with the parking rates prescribed by the Mackay City Plan 2006. Staff parking spaces have been nominated adjacent the entry driveway to minimise traffic movements at the entrance and provide maximum visitor spaces near the centre entry.

This report provides greater detail on the nature of the proposal, and provides an assessment of the proposal against the intents and code requirements of relevant statutory planning documents.

4.1.1 Land Use

This development application is applying for the land use of “Child Care Centre” This is defined in the Mackay City Plan 2006 as: “Child Care Centre” means any premises used for the minding and care of children under school age. The term includes a kindergarten or a creche. The term excludes any residential use.” A Child Care Centre Use in the Commercial zone of Mackay Frame Locality is a code assessable use.

4.1.2 Site Cover & Setbacks

The proposal has a total covered area of 1309m2 which equates to a site cover of 36.33%. The Gross Floor area is 1063m2 and outdoor play area of 1144m2 in accordance with the State and Federal licensing requirements for child care centres. A setback of 7.357m to the building wall has been provided to the Sams Road boundary, 6.959m to Willets Road and 5.025m to the western side boundary. The car parking area is setback 2m from Discovery Lane.


4.1.3 Landscaping and Open Space

Appropriate landscaping and landscape buffers have been provided to assist in softening the impact of the development. Refer to attached landscape plan.

4.1.4 Car Parking and Vehicular Access

Under the Mackay City Plan 2006, Child Care Centre – Vehicle Parking Rates, it is necessary to provide:

Proposed Land Use Minimum Car Parking Requirements

Child Care Centre 1 space per 4 children

Based on the Planning Scheme rates a total of 35.75 (36) spaces are required. A total of 36 spaces are provided on site. A number have been nominated for staff.

4.1.5 Infrastructure Services

The existing development has access to the following essential service infrastructure:

- Reticulated Water; - Reticulated Electricity; - Reticulated Sewer; - Sealed access roads; and - Telecommunications


5.0 Legislative Requirements

5.1 Sustainable Planning Act 2009 (SPA)

This section provides an overview of the legislative context of the application under the provisions of the Sustainable Planning Act 2009.

5.1.1 Confirmation that Development is not Prohibited

The proposed development is not prohibited. This has been established by considering all relevant instruments which can provide prohibitions under SPA including:

Schedule 1 of the Sustainable Planning Act 2009; State Planning Regulatory Provisions (Section 21); SPA Local Government Planning Scheme (Section 88(2)(d) if allowed by QPP); Amended IPA Local Government Planning Scheme (Section 777(4) if allowed by QPP); Temporary Local Planning Instrument ((Section 106(1)(c) if allowed by QPP); and Structure Plan ((Section 142) if allowed by QPP).

5.1.2 Assessable Development

The development proposed by this application includes development that is made assessable under the Mackay City Planning Scheme 2006 and Schedule 3 of the of the Sustainable Planning Regulations 2009.

5.1.3 Assessment Manager

The Assessment Manager for this development application is Mackay Regional Council as determined by Schedule 6 of the Sustainable Planning Regulations 2009.

5.1.4 Level of Assessment

The table below summarises the assessable development subject to this application and the relevant level of assessment for the development.

Aspect of Development Planning Instrument that determines Level of Assessment Level of Assessment

Material Change of Use to establish a Child Care Centre

Mackay City Plan 2006– Mackay Frame Locality - Commercial Zone

Table of Development

Code

5.1.5 Statutory Considerations for Assessable Development

As the development is subject to code assessment the relevant considerations of the Assessment Manager in making the decision pursuant to Sections 324, 326 and 313 of the Sustainable Planning Act 2009 have been assessed at Section 6 of this Town Planning Report. Inconsistencies and resolution of these inconsistencies has also been addressed within Section 6.

5.1.6 Referral Agencies

The subject site and proposal does trigger DLIGP as a concurrence agency. The subject trigger under


schedule 7 of the regulations is:

“Table 3 Item 1 which states:

“Making a material change of use of premises if any part of the land—

(a) is within 25m of a State-controlled road; or (b) is future State-controlled road; or (c) abuts a road that intersects controlled road within 100m of the land”

No other referral agencies are triggered.

5.1.7 Public Notification

This application does not require public notification as it is subject to Code Assessment.

5.1.8 State Resource

The proposal does not involve any State Resources.

5.2 Environmental Protection and Biodiversity Conservation Act

The proposal does not require any approval under the Environmental Protection and Biodiversity Conservation Act 1999 because it does not affect any matters of “national environmental significance”.


6.0 Statutory Planning Assessment

6.1 Overview

This section assesses the application against relevant statutory planning provisions for the application.

6.2 State Planning Regulatory Provisions

The applicability of current State Planning Regulatory Provisions to the proposed development is addressed in the table below. This table also demonstrates compliance with relevant provisions.

Mackay Isaac and Whitsunday Regional Plan

The site is located in Mackay and therefore the Mackay Isaac and Whitsunday regional Plan Regulatory Provisions are applicable to this proposal. The site is within the urban footprint and not inconsistent with these regulatory provisions

Guragunbah State Planning Regulatory Provision The site is not located within the Guragunbah Local Area Plan and therefore these Regulatory Provisions are not applicable to this proposal.

State Planning Regulatory Provision (adopted charges)

Not Applicable – Council has an adopted Infrastructure Charges Resolution

Yeerongpilly Transit Orientated Development State Planning Regulatory Provision

The site is not located in Yeerongpilly and therefore these Regulatory Provisions are not applicable to this proposal.

Off-road motorcycling facility on State-owned land at Wyaralong

The site is not located on land at Wyaralong and therefore these Regulatory Provisions are not applicable to this proposal.

State Planning Regulatory Provisions (Adult Stores)

These state planning regulatory provisions provide a standard to manage the location of new adult stores and to avoid close proximity to existing sensitive uses. The application is not for an adult store.

South East Queensland Koala Conservation State Planning Regulatory Provisions

The site is not impacted by these Regulatory Provisions.

6.3 Regional Plan

The Mackay Isaac and Whitsunday Regional Plan is applicable to the site. The site is within the urban footprint and the development of the site for the purpose of a childcare centre is an urban activity consistent with the plan and accompanying provisions.

6.4 State Planning Policies

The single State Planning Policy (SPP), which commenced on the 2 December 2013, defines the Queensland Government’s policies about matters of state interest in land use planning and development. The SPP identifies the state's interests, of which there are 16, in planning and development and how they must be dealt with in planning schemes, council development assessment processes and in designating land for community infrastructure.


The main one applicable to this application is water quality. A stormwater management plan has been prepared by Pinnacle Engineering addressing the requirements of this element of the policy. A copy of this report is contained in the appendix to this report.

6.5 Structure Plan

The site is not subject to a Structure Plan.

6.6 Master Plan

The site is not located in a Master Planned area under the act

6.7 Temporary Local Planning Instruments

No temporary local planning instruments are relevant to this development application.

6.8 Planning Scheme

The provisions of the Mackay City Plan 2006 are relevant to this application. These requirements are identified and compliance with these are addressed in the sub-sections below. The subject site is in the Mackay Frame Locality, Gooseponds Creek Precinct and Commercial zone. The suitability of the use in this zone must be considered against the overall outcomes of the Goosepond Creek precinct and Commercial zone: The specific outcomes applicable to Goosepond Creek Precinct are: a) commercial activity occurs within the boundaries of the commercial zone and accords with the

network of centres described in the Desired Environmental Outcomes and as shown on the Information Map – Network of Centres.

(b) development in the Mt. Pleasant sub-regional centre supports and complements the role of the City Centre by servicing: (i) primarily the needs of residents in the northern parts of the City; and (ii) some needs of those residing in other parts of the City as well as in adjoining local government

areas to the north of the City. (c) as the second major focus for shopping and entertainment in the City, new development in the Mt

Pleasant sub-regional centre is in line with changing commercial trends and practices and: (i) incorporates a range of uses which recognise the role of a sub-regional centre; (ii) maintains the amenity of adjoining land uses; (iii) is contained within its current zoned areas; (iv) provides access to a range of transport infrastructure (public bus services, taxi services, private

passenger vehicles, pedestrian movements and bicycles) in convenient and safe accessible locations; and

(v) maintains the efficiency of the Bruce Highway corridor. (d) the Mt Pleasant local centre, located at the corner of Phillip Street and the Mackay-Bucasia Road,

provides local convenience services to a small trade area and is contained within its current zone area.

(e) the North Mackay mixed use centre provides both local convenience services and other small scale services of a maritime nature and does not extend beyond the current zone boundary.

(f) the North Mackay local centre provides convenience shopping and extends beyond the physical boundaries only where the amenity of adjoining land use will be maintained.

(g) industrial and employment-based activities, other than centres activities, are: (i) situated on land included in the Industry (Low Impact) Zone or Industry (High Impact) Zone and

located at Glenella and North Mackay beside Vines Creek; and


(ii) small-scale and low impact in nature. (h) new land uses and development fronting the Bruce Highway does not detract from the effective and

safe operation of the highway. Mackay City Planning Scheme (24 March 2006) PAGE 5-27 Consolidated Planning Scheme (24 April 2009)

(i) industrial and employment-based activities, other than centres activities, are small-scale and low impact in nature, situated on land included in the Industry (Low Impact) Zone or Industry (High Impact) Zone and located at Glenella and North Mackay beside Vines Creek. Mackay

The proposed child care centre will support the Mount Pleasant sub regional commercial area which is characterised by a significant number of medical uses and other commercial employment generating uses where employees of will be able to easily access childcare. The centre is also well located to support workers who are travelling to the city centre from the north. The proposal is considered consistent with these overall outcomes. The overall outcomes for the Commercial zone within the Goosepond Creek precinct are: (a) as the secondary major focus for shopping and entertainment in the City, the Mt Pleasant Sub

Regional Centre supports the dominant role of the City Centre. (b) new development in the Sub-Regional Centre occurs within the boundaries defined within the

Goosepond Creek Precinct. (c) the Sub-Regional Centre accommodates:

(i) except in Sams Road/Heath Road area, highly developed shopping; (ii) limited entertainment and leisure facilities; (iii) health care services; (iv) smaller-scale business and commercial services; (v) small scale service industries; (vi) local convenience shopping facilities; and (vii) higher density residential development and visitor accommodation adjacent to but not accessible

from the Bruce Highway. (d) highly developed shopping, entertainment and leisure, and cultural facilities are inconsistent with the

overall outcomes for the zone.8 (e) the Sams Road / Heaths Road area within the Sub-Regional Centre accommodates:

(i) a range of mostly small to medium scale non-retail commercial and highway-related facilities and services;

(ii) the relocated Mater hospital complex; and (iii) medical service functions to support the hospital.

(f) highly developed medical services in other centres in the precinct is inconsistent with the overall outcomes for the zone as they are appropriately located within the City Centre.

(g) the Mt Pleasant local centre, located at the corner of Phillip Street and the Mackay Bucasia Road, continues to accommodate small scale convenience shopping facilities and services and a small range of local, non-retail commercial services in a manner which complements the role of the sub-regional centre.

(h) the North Mackay Mixed Use Centre, at Malcolmson Street North Mackay, accommodates a wide range of small scale services, some of which relate to marine activities, while functioning as a local centre within the network of centres in the City.

(i) the North Mackay Local Centre, at Harbour Road, provides a range of small scale convenience shopping and commercial services, which because of its location, is accessed by a wider population base than the immediate local area.

(j) development of the centres incorporates design and siting measures and on-site environmental management measures to protect adjoining land from adverse impact.


It is considered the proposed childcare centre use is consistent with the above specific outcomes and in particular will complement the health service sector encouraged by the planning scheme for this area.

It is considered that the use and design meets the outcomes of the Gooseponds Creek Precinct and commercial zone and is consistent with the scheme warranting support.

6.8.1 Applicable Codes

The table below identifies the Planning Scheme Codes applicable to the development, the location of the response and critical issues. Applicable Code Trigger Location of Response Critical Issues

(as relevant)

Mackay Frame Locality Zone Code

Mackay Frame locality Code Appendix B Proposal Complies

Flood & Inundation Management Overlay Code

Overlay Codes

Appendix B Proposal complies

Development in the Vicinity of Mackay Airport Overlay Code

Overlay Codes Appendix B Proposal complies

Child Care Centre Code Child Care Code

Appendix B

Proposal Complies

6.8.2 Adopted Infrastructure Charges Plan

The subject development will be subject to infrastructure charges as per Councils Adopted Infrastructure charges Resolution.

6.8.3 Planning Scheme Alternative Solutions

Two (2) alternative solutions are proposed relating to access drop off requirements and filling of the site under the Childcare Centre Code and Flood Inundation Management Code provisions. Child Care Code Acceptable /Probable Solution S 3.1 to 3.3 of the Childcare Centre Code states as follows: “S3.1 Access to and egress from the premises is provided separately. S3.2 A passenger set down and pick-up area is:

i. located between the front of the building and the primary road frontage; and ii. designed so that a child can be lifted out of either side of the car without danger from

moving vehicles. S3.3 The set down area is designed:

(i) to permit the nose to tail standing of the required number of vehicles while permitting the free-flow of any vehicles from the set down area; and

(ii) to operate in a oneway direction.”


The subject proposal does not satisfy S3.1 to S3.2 as the car park layout does not include separate entry and exit driveways, does not include a set down area and does not operate in a oneway direction. Specific outcome P3 states:

The car parking and manoeuvring areas: (a) allow the safe drop-off and collection of children and the safe movement and parking of staff,

parent, visitor and service vehicles; and (b) the internal vehicle circulation system, minimises on site conflicts between vehicles and

children. It is considered that the proposal satisfies this specific outcome. The acceptable outcomes are largely outdated as the state and federal childcare regulations require that all children must be escorted into the centre and signed in and therefore the idea of a drop and go arrangement is not practical and therefore the need of a set down area is obsolete. To sign in children parents have to park and go into the centre. The car parking area has also been designed with low turnover staff car parking being located near the entry so as to minimise conflicts at the entry and also minimise distance parents need to take children through the car park. This alternative solution was discussed at the prelodgement meeting and considered acceptable by Council. Flood Inundation Management Code Acceptable /Probable Solution S 1.5 of the Flood Inundation Management Code states as follows: “S1 .5 Where filling of more than 400mm above natural ground level is required to achieve the minimum floor levels, forms of construction other than "slab on ground" are provided.” The building pad for the child care centre will need to be filled approximately 1m to comply with minimum floor levels to comply with flood immunity requirements under the code. Specific Outcome P1 states: P1 Development maintains the safety of people on premises from all floods up to and including the

DFE, or the defined "Minimum Level", whichever is the greater. The filling of the site 1m will not impact on any adjoining sites and will result in the centre being above DFE ensuring the safety of people on the premises from floods up to and including the DFE. It is therefore the proposal will satisfy P1 above. The proposal to fill the site above 400mm was submitted to Council by letter dated 30 June 2015 and Council confirmed by email dated 13 July 2015 that the proposal was acceptable and no further flood studies were required. Copy of letter and Council email response is attached in appendix D.


7.0 Conclusion

This application seeks approval for a Development Permit for a Material Change of Use for a Child Care Centre on land at 2-4 Discovery Lane, Mount Pleasant, Queensland 4740. The subject site comprises a single lot and is more properly described as Lots 19 on SP123754 and has a total site area of 3607m².

This application addresses the requirements under Mackay City Plan 2006. The subject site, zoned Commercial is an appropriate location for the proposed development and supported by the overall outcomes of the Mackay Frame Locality code. The proposed development is well serviced with adequate on-site parking spaces to meet the needs of the use and is in close proximity to other community and health facilities in the area. This application has also demonstrated that the proposal will not have an unacceptable impact on adjoining properties. The site is impacted by flooding and is cable of being filled to DFE with floor levels constructed 300mm above DFE to comply with Councils Planning Scheme. Overall, it is considered that the proposed development is a positive outcome for the subject site and the surrounding area. Accordingly we recommend that Council approve this application subject to reasonable and relevant conditions.

Documents

Town Planning Repor t - Mackay Council · We have prepared this report for the sole purposes of VEDT Management Pty Ltd Trustee for Veuve Education Trust (“Client”) for the specific