AGENDA - Sunshine Coast Council
AGENDA - Sunshine Coast Council
AGENDA - Sunshine Coast Council
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<strong>AGENDA</strong><br />
STRATEGY AND PLANNING<br />
COMMITTEE MEETING<br />
Wednesday 16 February 2011<br />
Commencing at 9.00am<br />
<strong>Council</strong> Chambers, 9 Pelican Street, Tewantin<br />
COMMITTEE MEMBERS (Quorum – 3)<br />
<strong>Council</strong>lor R Green<br />
Division 12 (Chair)<br />
<strong>Council</strong>lor R Abbot<br />
Mayor<br />
<strong>Council</strong>lor A Grosskreutz Division 1<br />
<strong>Council</strong>lor K Jones Division 3<br />
<strong>Council</strong>lor E Hungerford Division 7<br />
<strong>Council</strong>lor V Griffin Division 9
Strategy and Planning Committee Agenda 16 February 2011<br />
TABLE OF CONTENTS<br />
ITEM SUBJECT PAGE NO<br />
1 DECLARATION OF OPENING 1<br />
2 RECORD OF ATTENDANCE AND LEAVE OF ABSENCE 1<br />
3 OBLIGATIONS OF COUNCILLORS 1<br />
3.1 DECLARATION OF MATERIAL PERSONAL INTEREST ON ANY ITEM<br />
OF BUSINESS 1<br />
3.2 DECLARATION OF CONFLICT OF INTEREST ON ANY ITEM OF<br />
BUSINESS 1<br />
4 REPORTS 3<br />
4.1 DEVELOPMENT APPLICATIONS 3<br />
4.1.1 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1<br />
LOT INTO 3 LOTS), 42 NOTHLING STREET MOFFAT BEACH 3<br />
4.1.2 DEVELOPMENT APPLICATION FOR PRELIMINARY APPROVAL (S3.1.6<br />
OF THE INTEGRATED PLANNING ACT 1997) OVERRIDING THE<br />
PLANNING SCHEME FOR A MATERIAL CHANGE OF USE FOR A<br />
MIXED USE MASTER PLANNED RESIDENTIAL COMMUNITY FOR<br />
PELICAN WATERS SOUTH 19<br />
4.1.3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE<br />
(MEDICAL CENTRE, MULTIPLE DWELLING UNITS), 11 BINDAREE<br />
CRESCENT, MOOLOOLABA 97<br />
4.1.4 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF<br />
PREMISES - PRELIMINARY APPROVAL TO OVERRIDE THE<br />
PLANNING SCHEME TO ESTABLISH A LOW IMPACT INDUSTRY<br />
(STRUCTURE PLANNING APPROVAL) OVER LOT 1 SP145632, 345<br />
PIERCE AVENUE, BELLS CREEK 123<br />
4.1.5 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE -<br />
SERVICE & UTILITY – TYPE 3 TOWER (TELECOMMUNICATION<br />
TOWER) AT 1 ILLOURA PLACE, COOROIBAH 139<br />
4.1.6 UPCOMING SIGNIFICANT DEVELOPMENT APPLICATIONS 147<br />
5 CONFIDENTIAL REPORTS 149<br />
6 NEXT MEETING 149<br />
7 MEETING CLOSURE 149<br />
Page i
Strategy and Planning Committee Agenda 16 February 2011<br />
1 DECLARATION OF OPENING<br />
On establishing there is a quorum, the Chair will declare the meeting open.<br />
2 RECORD OF ATTENDANCE AND LEAVE OF<br />
ABSENCE<br />
3 OBLIGATIONS OF COUNCILLORS<br />
3.1 DECLARATION OF MATERIAL PERSONAL INTEREST ON ANY<br />
ITEM OF BUSINESS<br />
Pursuant to Section 172 of the Local Government Act 2009, a councillor who has a<br />
material personal interest in an issue to be considered at a meeting of the local<br />
government, or any of its committees must –<br />
(a)<br />
inform the meeting of the councillor’s material personal interest in the matter;<br />
and<br />
(b)<br />
leave the meeting room (including any area set aside for the public), and stay<br />
out of the meeting room while the matter is being discussed and voted on.<br />
3.2 DECLARATION OF CONFLICT OF INTEREST ON ANY ITEM OF<br />
BUSINESS<br />
Pursuant to Section 173 of the Local Government Act 2009, a councillor who has a<br />
conflict of interest in an issue to be considered at a meeting of the local government,<br />
or any of its committees must inform the meeting about the councillor’s interest in the<br />
matter.<br />
<strong>Council</strong> must:<br />
(a)<br />
(b)<br />
decide whether the <strong>Council</strong>lor has a conflict of interest, or could reasonably be<br />
taken to have a conflict of interest, in the matter; and<br />
if the other persons decide that is the case – direct the councillor to leave the<br />
meeting room (including any area set aside for the public), and stay out of the<br />
meeting room while the mater is being discussed and voted on.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
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Page 2
Strategy and Planning Committee Agenda 16 February 2011<br />
4 REPORTS<br />
4.1 DEVELOPMENT APPLICATIONS<br />
4.1.1 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT<br />
INTO 3 LOTS), 42 NOTHLING STREET MOFFAT BEACH<br />
File No:<br />
REC10/2036<br />
Author/Presenter: Development Planner, Planning Assessment, Stefan Martin<br />
Principal Development Planner, Planning Assessment, John<br />
Borthwick<br />
Appendix: App A – Conditions of Approval (SPC Pg 13)<br />
Attachments: Att 1 - Locality Map (SPC Att Pg 3)<br />
Att 2 - Proposal Plans (SPC Att Pg 4)<br />
Att 3 - Lot Sizes, Moffat Beach Area (SPC Att Pg 5)<br />
Planning Instrument:<br />
Caloundra City Plan 2004 (5 November<br />
2009)<br />
Applicant:<br />
F Friedeberg, Ms B Friedeberg<br />
Consultant (if applicable):<br />
<strong>Sunshine</strong> <strong>Coast</strong> Survey & Planning Pty Ltd<br />
Application Number:<br />
REC10/2036<br />
Division: 2<br />
Properly Made Date: 05/10/2010<br />
Information Request Date:<br />
Not Applicable<br />
Information Response Received Date: Not Applicable<br />
Proposal: Development Permit to Reconfigure a Lot (1<br />
Lot into 3 Lots)<br />
Assessment Type:<br />
Impact<br />
No. of Submissions: 1<br />
Property Address: 42 Nothling Street Moffat Beach QLD 4551<br />
Property No: 198637<br />
RPD: Lot 293 RP 217619<br />
SEQRP:<br />
Urban Footprint<br />
Land Area: 1214.0m 2<br />
Strategic Plan Designation:<br />
<strong>Coast</strong>al Urban<br />
Planning Area:<br />
Caloundra Eastern Beaches<br />
Planning Precinct:<br />
Low Density Residential<br />
Precinct Class:<br />
Low Density Residential<br />
Existing Use of Land:<br />
Detached House<br />
PURPOSE<br />
The purpose of this report is to seek <strong>Council</strong>’s determination of an application for a<br />
Development Permit to Reconfigure a Lot (1 Lot into 3 Lots). The application is before<br />
<strong>Council</strong> at the request of the Divisional <strong>Council</strong>lor.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
EXECUTIVE SUMMARY<br />
The application is for a Development Permit to Reconfigure a Lot (1 Lot into 3 Lots) at 42<br />
Nothling Street, Moffat Beach. The proposal is to subdivide the existing 1,214m 2 lot into<br />
three lots, re-establishing the previous allotment layout over the site. The pertinent issues<br />
arising from the assessment of the application relate to lot size, density, residential amenity<br />
and character.<br />
Whilst the proposed lots are smaller than the minimum lot size for the precinct (650m 2 ), they<br />
are entirely consistent with prevailing lot layout in the vicinity, which originated when the area<br />
was subdivided into 16 perch (405m 2 ) allotments in accordance with the Undue Subdivision<br />
of Land Prevention Act 1885. The existing 1,214m 2 lot was formed in 1987 through<br />
amalgamation of the original three 405m 2 lots.<br />
As required for small lot subdivisions, a plan of development has been submitted showing<br />
proposed building envelopes, which have been assessed against the design criteria for small<br />
lot housing of the Detached House Code and the Queensland Development Code and have<br />
been found to comply, or can be conditioned to comply. The proposed building envelopes<br />
will ensure that the amenity of adjoining premises is protected and that future dwellings<br />
constructed on the site are consistent with the prevailing character of the area.<br />
Only 1 submission was received during the public notification period. It raised issues relating<br />
to impacts on the amenity of adjoining properties and the assessment process.<br />
Overall, the proposal offers the opportunity to achieve a modest and logical infill development<br />
within easy reach of existing services and facilities. The proposal will not result in an undue<br />
loss of amenity to adjacent premises and is consistent with the prevailing character of the<br />
area. Therefore, the application is recommended for approval subject to reasonable and<br />
relevant conditions.<br />
OFFICER RECOMMENDATION<br />
That <strong>Council</strong> APPROVE WITH CONDITIONS Application REC10/2036 by F and<br />
B Friedeberg and grant a Development Permit to Reconfigure a Lot (1 Lot into 3 Lots)<br />
at 42 Nothling Street, Moffatt Beach, described as Lot 293 RP 217619 subject to the<br />
conditions of approval as outlined in Appendix A<br />
FINANCE AND RESOURCING<br />
Should the application be approved, the applicant would be required to pay Infrastructure<br />
Contributions in accordance with <strong>Council</strong>’s Policies.<br />
A current estimate of the infrastructure contributions required by this development (excluding<br />
water supply and sewerage) is outlined as follows:<br />
Network<br />
Current Amount<br />
Paths $1,606.00<br />
Biting Insects $0.00<br />
Road Network $4,639.00<br />
Off-site Car Parking $0.00<br />
Open Space $15,572.00<br />
Open Space -Trails $569.00<br />
Public Transport $42.00<br />
Stormwater $4,323.00<br />
TOTAL $26,751.00<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The actual amount of the contributions must be calculated and paid in accordance with the<br />
Planning Scheme Policies current at the time of payment.<br />
INTRODUCTION<br />
Background/Site History<br />
The subject site forms part of the original Moffat Beach estate owned by James Moffat in the<br />
late 1800s. The area is an early example of development in accordance with the provisions<br />
of the Undue Subdivision of Land Prevention Act 1885. This Act established the minimum 16<br />
perch lot size (405m 2 ) in order to control the very small lot sizes that had emerged in the<br />
inner suburbs of Brisbane. This 16 perch lot size still prevails in the Moffat Beach area<br />
today. The subject site previously comprised three 405m 2 lots, but these were later<br />
amalgamated in 1987 to form the current site, which is substantially larger than the majority<br />
of lots in the locality.<br />
Site Description<br />
The subject site is located on the southern side of Nothling Street, Moffat Beach,<br />
approximately 70m east of Buccleugh Street. The site is relatively flat, with slopes in the<br />
order of 5%, sloping down towards Nothling Street. The site does not contain any significant<br />
environmental features. The site currently accommodates a large two storey brick and tile<br />
style dwelling with a swimming pool on the eastern side and small outbuilding to the rear.<br />
Surrounding Uses<br />
To the north the site is opposite two double storey dwellings and a single-storey dwelling,<br />
each located on 405m 2 lots on the northern side of Nothling Street. To the east the site<br />
adjoins an existing single-storey dwelling, constructed across two separate 405m 2 lots. To<br />
the west the site adjoins an existing single storey dwelling on a 405m 2 lot. To the south the<br />
site adjoins three two storey detached dwellings; each built on 405m 2 lots with frontage to<br />
Grigor Street. The subject site is adjoined on all sides by 405m 2 lots and these also form the<br />
prevailing character of the locality.<br />
Proposal<br />
The application is for a Development Permit to Reconfigure a Lot (1 Lot into 3 Lots).<br />
The proposal is to subdivide the subject site into three rectangular 405m 2 allotments. The<br />
proposed lots are long and narrow in shape. Each has a 10.058m frontage to Nothling Street<br />
and a depth of 40.234m. The proposal reinstates a previous allotment layout that existed on<br />
the subject site until 1987.<br />
The application is impact assessable because the proposed lots are below the minimum lot<br />
size and dimensions outlined in Table 9.7 of the Reconfiguring a Lot Code for Low Density<br />
Residential precincts.<br />
ASSESSMENT<br />
South East Queensland Regional Plan<br />
The subject site is located within the ‘Urban Footprint’ land use designation of the South East<br />
Queensland Regional Plan. The proposal is consistent with the planning intent for this land<br />
use designation and it does not conflict with the regulatory provisions of the South East<br />
Queensland Regional Plan.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
In accordance with the South East Queensland Regional Plan, between 2009 and 2031 the<br />
<strong>Sunshine</strong> <strong>Coast</strong> region is expected to accommodate a minimum 37,000 additional dwellings<br />
within existing urban areas (infill development). Specifically, policy 8.1.1 of the plan is to:<br />
“Accommodate a higher proportion of growth through infill and redevelopment of existing<br />
urban areas to meet the dwelling targets in Table 3 (the infill growth targets)” and policy 8.1.2<br />
is to: “Focus higher density and mixed-use development in and around regional activity<br />
centres and public transport nodes and corridors”. The proposal specifically supports the<br />
achievement of the intent of these policies. It represents a modest and logical infill<br />
development within an existing urban area and is located within 400m of the commercial<br />
centre of Moffat Beach and within 80m of existing public transport services.<br />
Planning Scheme<br />
The applicable planning scheme for the application is the Caloundra City Plan 2004<br />
(5 November 2009).<br />
The following sections relate to the provisions of the Planning Scheme.<br />
Desired Environmental Outcomes<br />
The proposal does not compromise the achievement of any of the citywide Desired<br />
Environmental Outcomes of the planning scheme.<br />
Local Area Provisions<br />
The subject site is located in the Caloundra Eastern Beaches planning area, in a Low<br />
Density Residential precinct.<br />
The planning area specific provisions of the Caloundra City Plan 2004 are contained within<br />
Caloundra Eastern Beaches Planning Area code, which is discussed below.<br />
Land Use and Works Provisions<br />
The following codes which regulate land use and design are applicable to this application:<br />
• Caloundra Eastern Beaches Planning Area Code<br />
• Reconfiguring a Lot Code<br />
• Stormwater Management Code<br />
• Parking and Access Code<br />
• Civil Works Code<br />
• Design for Safety Code<br />
• Landscaping Code<br />
• Nuisance Code<br />
• Detached House Code<br />
The application has been assessed against each of the above applicable codes and found to<br />
be compliant with, or can be conditioned to comply with, each.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The pertinent issues arising out of assessment against the codes are discussed below:<br />
Code<br />
Caloundra<br />
Beaches<br />
Area Code<br />
Eastern<br />
Planning<br />
Discussion<br />
The Planning Area Context and Setting provisions of the code state:<br />
“The planning area is largely developed as a low density residential<br />
area. Detached houses are the predominant housing form with<br />
duplex and unit accommodation established in a small number of<br />
locations. In older area, pockets of traditional seaside housing remain<br />
intact. These traditional housing areas have a distinctive character<br />
that adds significantly to the amenity and identify of Moffat and Dicky<br />
Beaches in particular.”<br />
Within the area bounded to the north by the Tooway Creek, to the<br />
east by Seaview Terrace, to the south by Grigor Street and to the<br />
west by Roderick Street, which was the original Moffat Beach estate<br />
owned by James Moffat in the late 1800s and subsequently<br />
subdivided into the 16 perch (405m 2 ) lots, 96% of all lots remain<br />
below 650m 2 (the majority are 405m 2 in size, see Attachment 3).<br />
The proposal is located in an area characterised by traditional<br />
seaside housing on small lots. The proposal involves the demolition<br />
of a large brick and tile home that is arguably out of character with the<br />
style of surrounding dwellings. The proposal provides the opportunity<br />
for the future establishment of three dwellings that are more in<br />
keeping with the established style and character of the area.<br />
Specific Outcome O2 – Reconfiguring a lot maintains the<br />
prevailing low density residential character of the Planning Area<br />
Probably Solution S2.1 – Land in the Low Density Residential<br />
Precinct is retained in lots with a minimum lot size of 650m 2 .<br />
Reconfiguring a Lot<br />
Code<br />
The subject site is located in a Low Density Residential Precinct and<br />
proposes lot sizes that are smaller than 650m 2 contrary to S21.<br />
However, the proposal complies with associated Specific Outcome,<br />
O2 as it maintains the prevailing density of the locality and does not<br />
compromise the residential character of the area.<br />
Specific Outcome O2<br />
Lot size and dimensions:<br />
(a) are consistent with the Planning Area Overall Outcomes and<br />
Specific Outcomes in the applicable Planning Area Code;<br />
(b) provide for suitable building envelopes and safe vehicular<br />
and pedestrian access without the necessity for major<br />
earthworks and major retaining walls;<br />
(c) are based on an efficient use of land and dimensioned to<br />
provide sufficient area for usable open space;<br />
(d) protect site attributes, such as significant vegetation and<br />
views;<br />
(e) take account of and respond sensitively to site constraints or<br />
risks such as steep slope, slope instability, bushfire and<br />
flooding; and<br />
(f) are in keeping with the character of surrounding development.<br />
S2.1<br />
Unless otherwise specified in the applicable Planning Area Code, the<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Code<br />
Discussion<br />
minimum lot size complies with Column II of Table 9.7 (Minimum Lot<br />
Size and Dimensions).<br />
S2.2<br />
Lots contain a minimum square or rectangular area and minimum<br />
frontage in accordance with Columns III and IV of Table 9.7 (Minimum<br />
Lot Size and Dimensions).<br />
Table 9.7 nominates a minimum lot size of 650m 2 , a minimum square<br />
of 20m x 20m and a minimum frontage of 20m.<br />
The proposal does not comply with S2.1 and S2.2 as the proposed<br />
lots are below the minimum lot size and do not incorporate sufficient<br />
space for a 20m x 20m square.<br />
However, the proposal complies with the associated Specific<br />
Outcome, O2 for the following reasons:<br />
• The proposed lots are in keeping with the character of surrounding<br />
development<br />
• There are no relevant site constraints or significant environmental<br />
features to be taken into account<br />
• The subject site is located within 400 metres of a local centre<br />
precinct and within 80 metres of regular public transport services<br />
• The proposed lots enable the provision of suitable building<br />
envelopes and safe vehicular and pedestrian access without the<br />
necessity for major earthworks and major retaining walls<br />
• The proposed lots are consistent with the Planning Area Overall<br />
Outcomes and Specific Outcomes in the applicable Planning Area<br />
Code.<br />
Stormwater<br />
Management Code<br />
Overall, the proposal complies with Specific Outcome O2 of the code.<br />
The proposed lots are clear of flooding from Grigor Creek. No new<br />
roads are proposed and the whole subject site drains freely to<br />
Nothling Street. Therefore, the only relevant requirement is for<br />
roofwater to be piped to the kerb and channel of Nothling Street using<br />
kerb adaptors. This requirement will be applied at the Building Works<br />
application stage for future dwellings on the proposed lots.<br />
It is noted that no inter-allotment drainage is provided for the<br />
upstream lots, contrary to the requirements of the code. Therefore,<br />
the proposed lots will need to cater for overland flows from the<br />
upstream lots fronting Grigor Street.<br />
No inter-allotment drainage is provided for existing lots of this size in<br />
the surrounding area. Hence, the current proposal will not result in a<br />
situation which is uncommon in the surrounding area. A condition<br />
and property record notation is recommended requiring that future<br />
owners of the proposed lots deal with stormwater from the upstream<br />
allotments as part of their building works when they construct a<br />
dwelling on the lots.<br />
Overall, the proposal complies with the Stormwater Management<br />
Code.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Code<br />
Detached House<br />
Code / Queensland<br />
Development Code<br />
Discussion<br />
The applicant has provided a proposed plan of development showing<br />
proposed building envelopes to regulate the future development of<br />
detached houses on the proposed lots. The siting and design of<br />
Detached Houses is regulated by the Detached House, as well as the<br />
Queensland Development Code. The following assessment of the<br />
proposed building envelopes is provided against the requirements of<br />
the Detached House Code and the Queensland Development Code.<br />
The building location envelopes shown on the submitted plan of<br />
development have a street setback of 4.5 metres, which is consistent<br />
with the Queensland Development Code and a garage street setback<br />
of 6 metres, which is consistent S73 of the Detached House Code.<br />
S7.1 of the Detached House Code states that for lots up to 12 metres<br />
in width, garages and carports do not comprise more than 50% of the<br />
width of the lot. This requirement has not been included on the plan<br />
of development and no alternative solution has been provided.<br />
Therefore, it is recommended that an amendment be included for the<br />
plan of development reflecting the requirements of S7.1.<br />
The applicant proposes staggered side setbacks, allowing for the<br />
minimum Queensland Development Code setback for both the<br />
ground and first storeys of future dwellings on the site. The plan of<br />
development allows 750mm ground floor side setbacks and 1.0m first<br />
floor side setbacks (consistent with Queensland Development Code<br />
Section MP 1.1 A2(b) for narrow lots).<br />
The proposed building envelopes incorporate ‘built to boundary’<br />
elements along the western sides of all three lots for a maximum<br />
length of 15 metres. Queensland Development Code Section MP1.1<br />
A2(d) allows built to boundary Class 10a structures provided the<br />
height of the structure (or part thereof) is not more than 4.5m in height<br />
and has a mean height of not more than 3.5m, has a maximum length<br />
of 9m and is not located within 1.5m of a required window to a<br />
habitable room in an adjoining dwelling. The proposed plan of<br />
development does not incorporate these limitations and no alternative<br />
solution has been provided. Therefore, it is recommended that the<br />
plan of development be amended to comply in this regard.<br />
Further, in relation to the proposed ‘built to boundary’ elements,<br />
Overall Outcome 2 of the Detached House Codes states: “detached<br />
houses and associated buildings are sited and designed to protect<br />
residential amenity and maintain streetscape character”. The<br />
adjoining dwelling to the east incorporates a built to boundary garage<br />
along its western boundary. Therefore, the proposed 750mm ground<br />
floor setback to this boundary will not result in a loss of amenity to the<br />
adjoining dwelling and the setback provides sufficient separation to<br />
maintain the prevailing streetscape character of the area. The<br />
adjoining dwelling to the west incorporates a 1m eastern side setback<br />
from the habitable rooms of the dwelling. The proposed plan of<br />
development allows built to boundary class 10a structures along the<br />
western boundary of the site. However, as discussed above,<br />
Queensland Development Code Section MP1.1 A2(d) precludes built<br />
to boundary elements from being located within 1.5m of required<br />
windows to habitable rooms in adjoining dwellings and it is<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Code<br />
Discussion<br />
recommended that the building envelope on the plan of development<br />
be amended to comply with this requirement. As a result, the<br />
minimum western side setback for a garage adjacent to the adjoining<br />
house will be 500mm. This setback, added to the existing 1m<br />
setback on the adjoining site, will provide sufficient separation to<br />
maintain the amenity and prevailing streetscape character of the area.<br />
Overall, the proposal complies with Overall Outcome 2 of the<br />
Detached House Code.<br />
Further, in relation to the proposed ‘built to boundary’ elements,<br />
Queensland Development Code Section MP1.1 A6(b) requires that<br />
where a wall is less than 750mm from a boundary, it must be<br />
maintenance free. There is no notation on the proposed plan of<br />
development for the built to boundary walls referencing the part of the<br />
Queensland Development Code that requires these walls to be<br />
maintenance free. It is recommended that a plan amendment be<br />
included on the Decision Notice for a notation to be added to the plan<br />
of development in relation to built to boundary walls, stating that they<br />
must comply with Queensland Development Code MP 1.1 A6(b).<br />
Overall, with the imposition of conditions and amendments discussed<br />
above, the proposed building envelopes comply with the requirements<br />
of the Detached House Code and the Queensland Development<br />
Code.<br />
Overlay Provisions<br />
The following Overlays are applicable to this application:<br />
• Acid Sulfate Soil Area 2; and<br />
• Aviation Affected Area<br />
The provisions relating to these Overlays are contained within the Aviation Affected Area<br />
Code and the Acid Sulfate Soils Code. The application has been assessed against each of<br />
these applicable Overlay codes and found to be compliant or can be conditioned to comply<br />
with, each.<br />
Traffic and Transport Considerations<br />
The closest bus stop is located 80 metres walk from the site on Buccleugh Street. This bus<br />
stop is serviced by the high frequency 600 service, which operates between Caloundra and<br />
Maroochydore. As the subject site is within walking distance of existing public transport<br />
services, no requirements are recommended in relation to public transport facilities.<br />
Kerb and channel is provided for the full frontage of the subject site. However, there is no<br />
footpath. No footpaths are provided along either side of Nothling Street for its entire length.<br />
Nothling Street is fully developed with established detached houses. Therefore, it is not<br />
recommended that a footpath be required as part of the frontage works for this application,<br />
as any path provided would be likely to remain a small isolated stretch in the long term and<br />
would not contribute to a useable network.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Nothling Street experiences low volumes of traffic and is relatively safe for on-road cycling.<br />
As such, separate on-road cycling infrastructure is not considered necessary.<br />
REFERRALS<br />
Internal Referrals<br />
The application was forwarded to the following internal specialists:<br />
• Engineering;<br />
• Maroochy Water Services;<br />
• Environment; and<br />
• Hydrology and Hydraulics.<br />
Their assessment forms part of this report.<br />
External Referrals<br />
Not Applicable<br />
SUBMISSIONS<br />
The application was publicly notified in accordance with requirements of the Integrated<br />
Planning Act 1997. 1 properly made submissions and 0 not properly made submissions<br />
were received.<br />
GROUNDS OF SUBMISSIONS<br />
The following table provides a summary of the grounds for submissions received.<br />
Issues<br />
Potential for a dwelling up<br />
to 8.5m high to be built<br />
within 2m of the<br />
submitter’s back fence,<br />
resulting in loss of privacy,<br />
quality of life, breezes and<br />
ambient light.<br />
Comments<br />
The height of future dwellings on the proposed lots will be<br />
regulated by the proposed plan of development, which limits the<br />
height of dwellings to 8.5 metres. It would be unreasonable to<br />
limit the height of any future dwellings on the created lots to less<br />
than 8.5m, given that this is the acceptable solution outcome in<br />
the Detached House code and is an established ‘deemed to<br />
comply’ solution to prevent dwellings from causing a loss of<br />
amenity to adjacent premises. In addition, it is noted that all<br />
three dwellings that adjoin the site to the south (where the<br />
submitter resides) are 2 storeys in height and are located above<br />
the site in elevation. Hence, any two-storey dwellings<br />
constructed on the subject site will be lower than the adjoining<br />
dwellings to the south and are unlikely to cause loss of light or<br />
overshadowing to these dwellings.<br />
Side and rear setbacks for future dwellings on the subject site<br />
are regulated by the proposed plan of development which<br />
reflects the requirements of the Queensland Development<br />
Code. The plan of development requires dwellings on the<br />
proposed lots to be setback from side or rear boundaries by<br />
750mm up to a height of 4.5m, then setback 1m up to a height<br />
of 7.5m and then setback 2m up to the maximum height limit of<br />
8.5m. The proposed plan of development will also allow ‘built to<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Issues<br />
Concern that the proposal<br />
is being pushed through<br />
prior to the new planning<br />
scheme taking effect<br />
which may incorporate<br />
stronger controls to keep<br />
development low rise.<br />
Comments<br />
boundary’ non-habitable structures, such as garages, car ports,<br />
sheds and the like, along the western sides of the proposed lots,<br />
provided they do not exceed 3.5m in height and are not ‘built to<br />
boundary’ for a length of more than 9m. As above, it would be<br />
unreasonable to impose more restrictive setback requirements<br />
on future dwellings on the site as these setbacks are acceptable<br />
measure setbacks in the Queensland Development Code and<br />
are established ‘deemed to comply’ solutions to prevent<br />
dwellings from causing a loss of amenity to adjacent premises.<br />
The application is a properly made application and in<br />
accordance with the Sustainable Planning Act 2009 must be<br />
assessed against the current applicable planning scheme, the<br />
Caloundra City Plan 2004 (5 November 2009). No regard can<br />
yet be given to the future new planning scheme, as the draft<br />
scheme is yet to be publically notified.<br />
CONCLUSION<br />
The application is for a Development Permit to Reconfigure a Lot (1 Lot into 3 Lots). The<br />
proposal is to subdivide the existing 1,214m 2 lot into three lots, re-establishing the previous<br />
allotment layout over the site.<br />
The proposed lots are entirely consistent with prevailing lot layout in the vicinity. The<br />
proposal offers the opportunity to achieve a modest and logical infill development within easy<br />
reach of existing services and facilities. The proposal has been assessed and found to<br />
comply, or can be conditioned to comply, with all applicable elements of the Caloundra City<br />
Plan 2004. The proposal will not result in an undue loss of amenity to adjacent premises and<br />
is consistent with the prevailing character of the area.<br />
The application is recommended for approval subject to reasonable and relevant conditions.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
APPENDIX A - CONDITIONS OF APPROVAL<br />
DEVELOPMENT APPROVAL DETAILS<br />
Extent of Approval: in full with conditions as specified in the Conditions Section<br />
contained herein.<br />
Type of Approval Issued<br />
• Development Permit to Reconfigure a Lot (1 Lot into 3 Lots)<br />
Relevant Period<br />
The relevant period of this development approval is 4 years from the date that this<br />
development approval takes effect.<br />
ASSESSMENT MANAGER CONDITIONS<br />
This development approval is subject to compliance with the following assessment manager<br />
conditions:<br />
DEVELOPMENT PERMIT TO RECONFIGURE A LOT (1 LOT INTO 3 LOTS)<br />
PLANNING<br />
1 The land shall be reconfigured generally in accordance with approved plans (except<br />
where varied by conditions of approval).<br />
2 Payment of a contribution for each lot in the subdivision at the rate at time of payment<br />
(Current fee is $28.80 Per Lot), to cover the cost imposed upon the <strong>Council</strong> by the<br />
Department of Environment and Resource Management for provision of “Split”<br />
valuations.<br />
3 Any outstanding rates or charges levied by <strong>Council</strong> or expenses that are a charge<br />
over the land under any Act are required to be paid in full prior to the endorsement of<br />
the relevant Plan of Subdivision.<br />
REMOVAL OF EXISTING BUILDINGS<br />
4 All existing buildings and structures must be removed from the site prior to the<br />
endorsement of the relevant Plan of Subdivision.<br />
INFRASTRUCTURE CONTRIBUTIONS<br />
5 The applicant must pay contributions towards trunk infrastructure in accordance with<br />
the following Planning Scheme Policies:<br />
(a)<br />
(b)<br />
(c)<br />
PSP No. 11.19 (Infrastructure Contributions for Path Network Infrastructure)<br />
2009;<br />
PSP No. 11.20 (Infrastructure Contributions for Biting Insect Control<br />
Infrastructure) 2005;<br />
PSP No. 11.22 (Infrastructure Contributions for Road Network Infrastructure)<br />
2009;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
(d) PSP No. 11.23 (Infrastructure Contributions for Off-site Car Parking<br />
Infrastructure) 2005;<br />
(e) PSP No. 11.24 (Infrastructure Contributions for Open Space Network<br />
Infrastructure) 2009;<br />
(f) PSP No. 11.25 (Infrastructure Contributions for Public Transport<br />
Infrastructure) 2005;<br />
(g) PSP No. 11.26 (Infrastructure Contributions for Stormwater Infrastructure)<br />
2009;<br />
for reconfiguring a lot approval contributions must be paid prior to <strong>Council</strong> approval of<br />
the plan of subdivision.<br />
The actual amount of the contribution must be calculated and paid in accordance with<br />
the Planning Scheme Policies and variations due to indexation current at the time of<br />
payment.<br />
ENGINEERING<br />
6 The operations and construction work associated with this development must be<br />
undertaken in accordance with the requirements of <strong>Council</strong>’s Development Design<br />
Planning Scheme Policy. In particular, no environmental nuisance is to be caused to<br />
adjoining properties or other persons by way of smoke, dust, stormwater discharge or<br />
siltation of drains, at any time, including non-working hours. Where material is spilled<br />
or carried onto existing roads, it is to be removed forthwith so as to restrict dust<br />
nuisance and ensure traffic safety. Adequate safety precautions are to be maintained<br />
where work is undertaken on existing roads. Any damage attributable to the progress<br />
of the works or vehicles travelling to or from the site must be remedied at no cost to<br />
<strong>Council</strong>.<br />
7 All necessary alterations to public utility mains and services arising from construction<br />
of external works associated with the development must be undertaken at no cost to<br />
the service provider.<br />
8 Services to the existing dwelling must be relocating if and as necessary such that<br />
they are wholly located within the lot which they serve. Prior to <strong>Council</strong> endorsing the<br />
plan of survey, a licensed surveyor must submit certification that the requirements of<br />
this condition have been satisfied.<br />
9 Stormwater must be collected and lawfully discharged from the development site and<br />
from works associated with the development in accordance with <strong>Council</strong>’s<br />
Development Design Planning Scheme Policy and QUDM.<br />
10 All driveways must be constructed, sealed and drained in accordance with<br />
Development Design Planning Scheme Policy and AS2890.1 - AS2890.6.<br />
11 All driveways across the verge must have a minimum sealed or concreted width of<br />
3.0 metres at the property line, and is to be constructed in accordance with the<br />
IPWEA Standard Drawing R-0050.<br />
12 A certificate from a relevant electricity supplier must be provided showing that a<br />
reticulated supply on tariff conditions is available to each lot.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
STORMWATER<br />
13 Future owners of the proposed lots must incorporate drainage measures into the<br />
design of future dwellings and associated landscaping and engineering works on the<br />
site to accommodate stormwater flows from upstream properties without causing a<br />
nuisance to adjoining properties.<br />
UNITYWATER<br />
14 Reticulated water must be provided to each lot in the development. This must include:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
ensuring that existing internal water pipes are wholly contained within the lot<br />
they will serve;<br />
an approved water meter for each lot in accordance with Unitywater Standard<br />
Drawings SCW 350,355 and 360;<br />
provision of a water service from the existing 100mm diameter water main<br />
located Nothling Street to service the proposed lots, in accordance with<br />
Unitywater Standard Drawings SCW 350, 355 and 360;<br />
water meters must be located on alternative boundaries to electrical pillars.<br />
15 Reticulated sewerage must be provided to each lot in the development. This must<br />
include:<br />
(a)<br />
Ensuring existing sewer house drains are wholly contained within the Lot they<br />
will serve.<br />
16 Stormwater retention systems and gross pollutant traps must maintain a minimum<br />
clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.<br />
17 Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from<br />
Unitywater water mains and 1.5 metres from Unitywater sewerage mains.<br />
Landscaping plants within these clearances must be low growing when mature and<br />
suitable Unitywater approved varieties.<br />
18 Construction works undertaken in the vicinity of Unitywater water supply or sewerage<br />
infrastructure must not adversely affect the integrity of the infrastructure. All costs<br />
associated with repair, replacement or alteration of infrastructure must be met by the<br />
applicant.<br />
GENERAL<br />
19 All conditions of this approval are to be complied with prior to the endorsement of<br />
approval of the relevant Plan of Subdivision unless otherwise stated.<br />
REFERRAL AGENCIES<br />
Not Applicable<br />
PLANS / DOCUMENTS<br />
The approved plans and / or documents for this development approval are listed in the<br />
following tables:<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
PLANS REQUIRING AMENDMENT<br />
Plan Rev. Plan Name Date<br />
3215-00/01 A Proposed Reconfiguration Lot 293 on 12/01/2010<br />
RP217619, drawn by SRPD of <strong>Sunshine</strong><br />
<strong>Coast</strong> Survey & Planning Pty. Ltd.<br />
Amendments 1 Amend to add a new notation stating that garages and<br />
carports must not comprise more than 50% of the width of<br />
the frontage of any allotment<br />
2 Amend note 2 to state that built to boundary walls must be<br />
limited to Class 10a structures only.<br />
3 Amend note 2 to state that all built to boundary walls must<br />
comply with QDC MP 1.1 A2(d) and A6(b).<br />
4 Amend the proposed building envelopes to demonstrate<br />
compliance with all notations on the plan<br />
ADVISORY NOTES<br />
These Advisory Notes do not form part of this approval or the conditions attached thereto.<br />
The following Advisory Notes are intended to provide guidance to the applicant where<br />
necessary and inform the applicant of actions that <strong>Council</strong> may take with respect to the<br />
development site or the approval:<br />
Infrastructure Contributions<br />
(a) An advice notice outlining the estimated infrastructure contributions payable and the<br />
basis for their calculation under the current Planning Scheme Policies is attached with<br />
this Development Permit.<br />
(b) For properties located in the catchment area for Unitywater’s “SEQ Infrastructure<br />
Charges Schedule (Water Supply & Wastewater)”, this development permit may trigger<br />
an Infrastructure Charge (if applicable) to be issued in accordance with the<br />
Infrastructure Charges Schedule and the “Sustainable Planning Act 2009".<br />
(c) Please contact <strong>Council</strong>'s Infrastructure Charges Officer (email:<br />
icinfo@sunshinecoast.qld.gov.au) a minimum of 5 business days prior to payment of<br />
the infrastructure contributions so a payment advice detailing the amounts applicable at<br />
the time of payment may be issued to accompany the payment.<br />
(d) Payment of infrastructure contributions & charges will not be accepted by credit card<br />
transaction.<br />
Unitywater<br />
(e) Connection to the Unitywater live water supply and live sewerage system must be<br />
undertaken by Unitywater at the applicant’s cost.<br />
Aboriginal Cultural Heritage Act 2003<br />
(f) There may be a requirement to establish a Cultural Heritage Management Plan and/or<br />
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.<br />
The ACH Act establishes a cultural heritage duty of care which provides that: “A<br />
person who carries out an activity must take all reasonable and practicable measures<br />
to ensure the activity does not harm Aboriginal cultural heritage.” It is an offence to fail<br />
to comply with the duty of care. Substantial monetary penalties may apply to<br />
individuals or corporations breaching this duty of care. Injunctions may also be issued<br />
by the Land and Resources Tribunal, and the Minister administering the Act can also<br />
issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural<br />
heritage or the cultural heritage value of Aboriginal cultural heritage.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to<br />
discuss any obligations under the ACH Act.<br />
PROPERTY RECORD NOTATIONS<br />
For all proposed lots:<br />
(i)<br />
(ii)<br />
“All building works on the lot must be carried out in accordance with the approved<br />
Plan of Development (as amended) held on <strong>Council</strong>’s file REC10/2036. The applicant<br />
must ensure that all contracts with individuals or corporations for the sale of lots<br />
contains a copy of the approved Plan of Development (as amended) and purchasers<br />
are informed that prior to a Development Permit for Building Work being issued,<br />
<strong>Council</strong> or the private certifier must satisfy itself that the proposed detached house<br />
complies with the Codes and the approved Plan of Development” (<strong>Council</strong> reference:<br />
REC10/2036)<br />
“Stormwater from the lot adjoining the rear boundary of this lot is discharged as<br />
overland flow through this lot to Nothling Street. When a dwelling and associated<br />
landscaping and drainage works are constructed on this lot drainage measures<br />
should be incorporated into the design to accommodate these stormwater flows<br />
without causing a nuisance to either this lot owner or adjoining lot owners (<strong>Council</strong><br />
reference: REC10/2036)”.<br />
PRELIMINARY APPROVAL OVERRIDING SCHEME<br />
Not Applicable<br />
FURTHER DEVELOPMENT PERMITS REQUIRED<br />
Development Permit for Operational Work (Engineering Works)<br />
APPLICABLE CODES<br />
The applicant must comply with the following codes for self-assessable development related<br />
to this development approval:<br />
For Detached Houses<br />
• Detached House Code<br />
REASONS FOR APPROVAL DESPITE CONFLICTS IN ACCORDANCE WITH S3.5.15(2)<br />
Not Applicable<br />
REASONS FOR REFUSAL<br />
Not Applicable<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
4.1.2 DEVELOPMENT APPLICATION FOR PRELIMINARY APPROVAL (S3.1.6 OF THE<br />
INTEGRATED PLANNING ACT 1997) OVERRIDING THE PLANNING SCHEME<br />
FOR A MATERIAL CHANGE OF USE FOR A MIXED USE MASTER PLANNED<br />
RESIDENTIAL COMMUNITY FOR PELICAN WATERS SOUTH<br />
File No: 2009/51-00022<br />
Author/Presenter: Senior Development Planner, Master Planned Communities, Sean<br />
Slevin<br />
Coordinator, Master Planned Communities, Paul Gleeson<br />
Appendices: Appendix A – Conditions of Approval (SPC Pg 73)<br />
Attachments: Att 1 - Locality Map and Aerial Map (SPC Att Pg 7)<br />
Att 2 - Precinct Plan (SPC Att Pg 8)<br />
Att 3 - Proposed Sub-Precinct Plan (SPC Att Pg 9)<br />
Att 4 - Salinity Exchange System (SPC Att Pg 10)<br />
Att 5 - Road Infrastructure (SPC Att Pg 11)<br />
Att 6 - Street Cross Sections (SPC Att Pg 12)<br />
Att 7 - Pedestrian and Cycle Network (SPC Att Pg 13)<br />
Att 8 - Open Space Network (SPC Att Pg 14)<br />
Att 9 - Fish Habitat Area (SPC Att Pg 15)<br />
Att 10 - Proposed Planning Area Code (SPC Att Pg 16)<br />
Att 11 - Westminster Avenue (SPC Att Pg 65)<br />
Att 12 - Complete Review of Submissions (SPC Att Pg 66)<br />
Att 13 - Rezoning Conditions (SPC Att Pg 78)<br />
Att 14 - Concurrence Agency DERM (SPC Att Pg 80)<br />
Att 15 - Concurrence Agency DEEDI (SPC Att Pg 94)<br />
Att 16 - Concurrence Agency DTMR (SPC Att Pg 107)<br />
Att 17 - Advice Agency DIP (SPC Att Pg 114)<br />
Instrument:<br />
Caloundra City Plan 2004 (23 December<br />
2009)<br />
Applicant:<br />
Pelican Waters Heart Pty Ltd<br />
Consultant (if applicable):<br />
ML Design<br />
Application Number: 2009/510022<br />
Division: 2<br />
Properly Made Date: 10 December 2009<br />
Information Request Date: 15 January 2010<br />
Information Response Received Date: 17 August 2010<br />
Proposal:<br />
Preliminary Approval (Section 3.1.6 of the<br />
Integrated Planning Act 1997) Overriding the<br />
Planning Scheme for a Material Change of<br />
Use for a mixed use master planned<br />
residential community including a range of<br />
Residential Uses, Business and Commercial<br />
Uses, Community Uses, Sport and<br />
Recreation Uses, Service Station, Car Wash,<br />
Industry - Local Services, marina and<br />
integrated open spaces incorporating a canal<br />
extension and artificial waterway<br />
Assessment Type:<br />
Impact<br />
No. of Submissions: Properly Made – 162<br />
Not Properly Made - 6<br />
Property Address:<br />
Bledisloe Boulevard and Harbourlights Way<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Pelican Waters<br />
Property No: 223704 215299<br />
RPD: Lot 812 and 813 SP212859 (formerly Lot 811<br />
SP212859 & Lot 807 SP162718)<br />
SEQRP:<br />
Urban Footprint<br />
Land Area:<br />
104.4 hectares<br />
Planning Area:<br />
Caloundra South Planning Area<br />
Planning Precinct:<br />
Emerging Community Precinct and<br />
District Business Centre Precinct.<br />
Precinct Class:<br />
Emerging Community Precinct Class and<br />
District Business Centre Precinct Class<br />
Existing Use of Land:<br />
Vacant<br />
PURPOSE<br />
The purpose of this report is to seek <strong>Council</strong>’s delegation for the determination of an<br />
application for Preliminary Approval (Section 3.1.6 of the Integrated Planning Act 1997)<br />
Overriding the Planning Scheme for a Material Change of Use for a mixed use master<br />
planned residential community on land situated south of the existing Pelican Waters<br />
community, west of the existing Diamond Head community and extending south to Bells<br />
Creek. The subject land is referred to as ‘Pelican Waters Southern Lake’.<br />
The delegation to the Chief Executive Officer is sought as the decision will be subject to the<br />
applicant signing an infrastructure agreement with the <strong>Council</strong>.<br />
EXECUTIVE SUMMARY<br />
At the Ordinary Meeting of <strong>Council</strong> on 17 November 2010, <strong>Council</strong> was briefed by officers on<br />
the proposed development. The focus of that meeting was to inform <strong>Council</strong> of the need for<br />
an Infrastructure Agreement with the applicant in order to progress the determination of the<br />
application. At that meeting, a number of key infrastructure items were discussed and<br />
council resolved:<br />
That <strong>Council</strong> note the Chief Executive Officer will continue to negotiate an Infrastructure<br />
Agreement for the proposed Pelican Waters Southern Lake Material Change of Use<br />
Preliminary Approval (section 3.1.6 Integrated Planning Act 1997), as outlined at the<br />
confidential meeting.<br />
Through negotiations, the parties have agreed to all matters as generally outlined to <strong>Council</strong><br />
on 17 November 2010. All the outcomes relevant to the Infrastructure Agreement have been<br />
summarised below.<br />
The application is generally consistent with the Caloundra City Plan’s intent for development<br />
of the subject land which started with a rezoning of the land 15 years ago. This Preliminary<br />
Approval represents the next logical stage in the development of a compact and sustainable<br />
activity centre to service the southern most coastal community of the <strong>Sunshine</strong> <strong>Coast</strong>.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
OFFICER RECOMMENDATION<br />
That <strong>Council</strong>:<br />
(a) approve Development Application for Preliminary Approval (Section 3.1.6 of the<br />
Integrated Planning Act 1997) Overriding the Planning Scheme for a Material<br />
Change of Use for a mixed use master planned residential community at<br />
Bledisloe Boulevard and Harbourlights Way, Pelican Waters, described as Lots<br />
812 and 813 SP212859 subject to:<br />
(i)<br />
the signing of the Infrastructure Agreement in accordance with the report;<br />
and<br />
(ii) Conditions as contained within Appendix A;<br />
(b)<br />
delegate authority to the Chief Executive Officer to determine all requests for<br />
2009/510022 for Negotiated Decision, Change to Development Approval, Change<br />
or Cancel Conditions and Extension of Relevant Period; and<br />
(c) authorise the Chief Executive Officer to communicate to the relevant State<br />
(Environment and Natural Resource Management) and Federal (Environment)<br />
Ministers, that this application be referred to the Commonwealth for an<br />
assessment under the Environmental Protection and Biodiversity Act.<br />
FINANCE AND RESOURCING<br />
Should approval be granted, most standard development contributions in accordance with<br />
<strong>Council</strong>’s Planning Scheme Policies will be applicable to this application and subsequent<br />
development applications. The exceptions to these requirements, where off-sets will apply<br />
because of the provision of infrastructure with the development, will be established within the<br />
Infrastructure Agreement.<br />
Infrastructure Agreement<br />
Because a number of the desired outcomes require deviation from <strong>Council</strong>’s established<br />
Policy, it will be necessary to establish an Infrastructure Agreement with the applicant prior to<br />
the determination of the application.<br />
At the 17 November 2010 Ordinary Meeting, <strong>Council</strong> established a position in terms of the<br />
expected minimum infrastructure requirements that are to be agreed and contained within an<br />
Infrastructure Agreement, prior to the application being decided.<br />
The infrastructure items tabled at the Ordinary <strong>Council</strong> Meeting included:<br />
• Open Space and Playing Fields;<br />
• Community Facilities;<br />
• Waterways Maintenance and Operational Contribution;<br />
• Pedestrian and Cycle Network; and<br />
• Walkable Waterfront.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Negotiations with the developer have established agreement on all of the items, including:<br />
• the open space allocation as shown on Attachment 8 – Open Space Network;<br />
• sporting fields contribution of $4,367,864 in lieu of land;<br />
• walkable waterfront as shown on Attachment 7 – Pedestrian and Cycle Network;<br />
• the lake and marina financial contribution for maintenance and end of life<br />
replacement costs; and<br />
• the pedestrian/cycle bridges over the lake.<br />
Negotiations relating to the provision of combined land and building facilities for a District<br />
Community Facility ended in the applicant agreeing to supply the full 6,000m² of land as<br />
required by the Policy.<br />
Prior to the consideration of this application, the Divisional <strong>Council</strong>lor was approached by a<br />
resident who represented 6 landowners owing property adjacent to a former stage of the<br />
Pelican Waters Estate on Westminster Avenue (refer to Attachment 11). The landowners<br />
requested that <strong>Council</strong> acquire 3 parcels of land that would otherwise be available for<br />
residential use, because they were concerned that these lots significantly impacted on the<br />
streetscape and amenity of the area. The allotments in question are 300m 2 in area and are<br />
scattered amongst standard 700m 2 allotments. These allotments were validly approved in<br />
2004.<br />
The owners of Pelican Waters, being aware of the situation, voluntarily offered to withhold<br />
these allotments from the market until negotiations over the Southern Lake Preliminary<br />
Approval were determined. These parcels did not form part of the Preliminary Approval<br />
document and, if negotiated, could only be secured through the provision of an infrastructure<br />
agreement. The applicant has proposed an option for <strong>Council</strong> to secure the 3 allotments,<br />
which involves <strong>Council</strong> discounting the financial contribution for the sporting fields, by the<br />
estimated market value of the 3 allotments. Without detailed valuations, this amount is<br />
estimated to be in the order of $250,000 per allotment, with a total reduction in the financial<br />
contribution of approximately $750,000.<br />
<strong>Council</strong>’s Manager, Social Policy Branch, was consulted on whether the applicant's offer was<br />
reasonable and concluded that the land adjacent to the residents’ parcels in Westminster<br />
Avenue was of minimal benefit when compared to the need to acquire land for<br />
sportsgrounds, as the allotments were too small to provide for the identified sports demand.<br />
It was advised that the loss of financial contribution for the purchase of additional sporting<br />
facilities would impact on a considerably higher number of current and future residents. It<br />
has, therefore, been recommended that the financial contribution not be amended and that<br />
the subject allotments located on Westminster Avenue not be included in an infrastructure<br />
agreement related to this Preliminary Approval.<br />
An infrastructure agreement is currently being drafted in accordance with the verbal<br />
agreements. The recommendation has been worded to require the infrastructure agreement<br />
to be signed prior to any decision, as occurred with the Palmview Infrastructure Agreement.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
INTRODUCTION<br />
Background/Site History<br />
In 1987, the <strong>Council</strong> decided to prepare a Development Control Plan to cover the whole of<br />
the Pelican Waters land area.<br />
In 1991, the first Development Control Plan (Development Control Plan 2) for the Golden<br />
Beach area, which was inclusive of the most of the Pelican Waters Estate, was gazetted.<br />
Most notably, Development Control Plan 2 identified a District Centre and an area for<br />
community facilities generally in the location of this development.<br />
In 1993, the Planning and Environment Court approved a Rezoning application over<br />
approximately one third of the area identified under Development Control Plan 2. The<br />
rezoned land was inclusive of the future District Centre, a large area of conventional<br />
residential subdivision and the northern lake development.<br />
The developer commenced the subdivision of the residential land component in 1994, with a<br />
number of the initial stages approved as part of the Rezoning Approval. The Pelican Waters<br />
Shopping Centre was opened in 2002 and incorporates a supermarket, mini-major, specialty<br />
stores and a tavern. The total existing gross floor area is approximately 7,000m².<br />
In 2004, the developer received subdivision approval for the northern lake subdivision (334<br />
residential lots, parkland and lake). Today, there are 3 stages (approximately 120 lots)<br />
remaining within the northern lake subdivision, which are likely to be registered within the<br />
next 12 months.<br />
The lake associated with this subdivision is brackish and circulation is provided via a<br />
pumping installation located on the Pumicestone Passage at Golden Beach. The lake<br />
outlets into Lamerough Canal via a weir with a mechanical loch system for boat movement<br />
between the waterways. An Infrastructure Agreement is established that obligates the<br />
developer to provide a contribution of $2.5 million towards the maintenance and operation of<br />
the lake infrastructure.<br />
In 1996, <strong>Council</strong> approved a Rezoning application over the balance of the estate (southern<br />
lakes), which included most of the land subject to this application, the golf course land and<br />
subdivision, and an environmental reserve and noise buffer in the north-west corner of the<br />
developer’s remaining land holdings. The golf course and related subdivisions commenced<br />
construction in 1999. The most recent subdivision, approved in June 2010, was over an area<br />
of land immediately to the west of the Southern Lake proposal. The conditions of the 1996<br />
Rezoning approval continue to run with the land, and have implications on the development<br />
of this area. Attachment 13 provides a review of the proposal against the conditions of the<br />
rezoning and identifies those conditions that are outstanding and yet to be completed.<br />
<strong>Council</strong> amended Development Control Plan 2, which then formed part of the 1996 Planning<br />
Scheme, to reflect the outcomes sought by the 1996 Rezoning approval. At this stage the<br />
Development Control Plan identified a District Shopping Centre, Community Facilities, 2<br />
Neighbourhood Parks - one of which was to contain Playing Fields, an extension to Jensen<br />
Park and a Village Park, over the land subject to this application.<br />
In 2001, the developer obtained approval from <strong>Council</strong> to extract a part of the Environmental<br />
Noise Buffer in the north-west corner of the site for the purpose of a school (The Caloundra<br />
City School). Development Control Plan 2 was amended to reflect this approval and the<br />
Caloundra City School commenced use in 2004.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
In 2004, <strong>Council</strong> adopted the Caloundra City Plan. The Caloundra City Plan included the<br />
subject land within the Emerging Community Precinct and District Business Centre Precinct.<br />
The Caloundra City Plan is the relevant Planning Document to consider this application<br />
against and an assessment is provided below.<br />
It is noteworthy that the expectations of the Planning Documents related to the area subject<br />
to this application have not changed considerably since <strong>Council</strong> approved the amendment to<br />
Development Control Plan 2 in 1996. In that time, the developer has chosen to continue<br />
subdividing the balance of the estate, leaving the District Centre and associated<br />
infrastructure (including a community facility and major open space components) until last.<br />
During this time, the developer has not objected to Development Control Plan 2 nor the<br />
specific infrastructure obligations identified within the Caloundra City Plan 2004.<br />
Site Description<br />
The subject site contains one parcel of land consisting of 104.4 hectares. The majority of the<br />
site has been cleared and the topography is essentially flat. The site ranges from<br />
approximately Reduced Level 3 metres along the north western side of the site to Reduced<br />
Level 1.5 metres along the southern boundary. The site forms the last remaining areas of<br />
developable land within the Pelican Waters estate (refer Attachment 1).<br />
Surrounding Uses<br />
Land adjoining the northern and north-eastern boundary includes the existing Pelican Waters<br />
Village Shopping Centre and canal development located at the western end of Golden<br />
Beach.<br />
Existing development located along the eastern boundary of the site includes traditional low<br />
density residential development.<br />
The majority of the southern boundary is bounded by road reserve and a vegetated buffer to<br />
Bells Creek. This area also includes a 30 metre wide esplanade that was required for<br />
coastal protection purposes as a result of the 1996 combined rezoning approval. Located<br />
midway along the southern boundary is a triangular shaped allotment that is privately owned<br />
and currently included in the Rural Precinct (within the Urban Footprint). The rural allotment<br />
is currently vacant and directly fronts the esplanade adjacent to Bells Creek.<br />
Existing development located along the western boundary of the site includes traditional low<br />
density residential development.<br />
Proposal<br />
This application seeks approval for a Preliminary Approval to override the Planning Scheme<br />
pursuant to Section 3.1.6 of the Integrated Planning Act 1997 for a range of land uses<br />
primarily consisting of Residential, Business and Commercial Use Class activities.<br />
The applicant has prepared and submitted a planning area code that would override the<br />
Caloundra City Plan 2004. The code is referred to as “The Southern Lakes Pelican Waters<br />
Planning Area Code” and includes Definitions, Development Assessment Tables, Overall<br />
Outcomes, Planning Area Code, Precinct Maps, Development Intent Plans and Network<br />
Maps.<br />
Should the proposal be approved, the Southern Lakes Pelican Waters Planning Area Code<br />
will form the statutory framework for the assessment of all subsequent development<br />
applications over the subject land.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The development area is proposed to be included within the following precincts:<br />
• District Business Centre;<br />
• Multi Unit Residential; and<br />
• Low Density Residential (refer Attachment 2).<br />
The proposal is based around a waterway setting that includes a 5.8 hectare extension to the<br />
tidal canal off the Lamerough Canal for a marina and a 14.8 hectare non tidal lake that forms<br />
a loop and effectively creates a central island.<br />
It is proposed that the central island will accommodate a mixed use town centre incorporating<br />
a main street, to be the focal point of the development. It is also proposed that, within the<br />
District Business Centre, a 13 storey tower be established, with the balance of the central<br />
island being developed for residential uses accommodating a range of housing including<br />
detached dwellings, terrace housing, duplex dwellings and mid rise multi-unit dwellings. The<br />
proposal includes a centrally located Village Park, waterfront parks and walkable waterfront<br />
(refer Attachment 3).<br />
The balance of the developable area is proposed to be largely developed for traditional<br />
residential allotments with the eastern portion of the Low Density Residential Precinct<br />
identified as a Transition Area that would effectively support the development of 3 storey<br />
terrace dwellings in this area (refer Attachment 3).<br />
It is acknowledged that the exact development intensity of both the residential and<br />
non-residential uses is not able to be determined at this preliminary stage, but the applicant<br />
has indicated the following development intensity ranges:<br />
RESIDENTIAL<br />
NON-RESIDENTIAL<br />
Dwelling Type Range (No) Building Type Range GFA (m 2 )<br />
Dwelling House 905-1159 Office/Commercial 6,350-7,000m 2<br />
Shop Retail 3,800-4,200m 2<br />
Service Station 300m 2<br />
Multiple<br />
663-940 Restaurant 1,800-2000m 2<br />
Dwellings<br />
marina (200 Dry 4,900m 2<br />
Berth)<br />
marina (Wet 80 Berths<br />
Berth)<br />
Total Dwellings 1568-2099 Total GFA 17,150-18,400m 2<br />
With regard to the dwelling ranges identified above, a total net residential density of between<br />
15 and 20 dwellings per hectare is able to be achieved across the subject site, satisfying the<br />
residential density objectives expressed in the Caloundra City Plan 2004 for this site. To<br />
achieve a residential density of 15 dwellings per hectare across the site, it is proposed that<br />
the following residential density ranges be provided within each precinct:<br />
PRECINCT<br />
District Business Centre Precinct<br />
Multi Unit Precinct<br />
Low Density Residential Precinct<br />
DWELLINGS PER HECTARE<br />
25-36 d/ha<br />
20-32 d/ha<br />
12-22 d/ha<br />
The proposal includes network planning for open space, pedestrian and cycle linkages, road<br />
hierarchy, public transport and water and sewerage.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
ASSESSMENT<br />
Commonwealth Legislation<br />
Environment Protection and Biodiversity Conservation Act<br />
Local Government does not have the power to compel the developer to refer the application<br />
to the Commonwealth Department of the Environment, Water, Heritage and the Arts for<br />
matters of National Environmental Significance. Referrals may be made by or on behalf of a<br />
person proposing to take an action, the Commonwealth or a Commonwealth agency, a state<br />
or territory government, or agency, provided that the relevant government or agency has<br />
administrative responsibilities relating to the action.<br />
The Pelican Waters Southern Lakes and Northern Lakes Residential Precincts were formally<br />
referred to the Commonwealth Department of the Environment, Water, Heritage and the Arts<br />
on 10 April 2002 for matters of National Environmental Significance that included potential<br />
impacts to Ramsar wetlands, threatened and migratory bird species. The Commonwealth<br />
made a formal decision on 2 May 2002 that the proposed action did not constitute a<br />
“controlled action” pursuant to the Environment Protection and Biodiversity Conservation Act<br />
and, as such, formal assessment and approval of the action was not required.<br />
Despite this, the applicant was advised by <strong>Council</strong> that it was prudent to refer this application<br />
to the Commonwealth for reconsideration, given more specific details are now known with<br />
regard to the ultimate development of the subject site.<br />
In response, the applicant advised that, there is no “substantial new information” or “a<br />
substantial change in circumstances” that were identified that could form the basis for an<br />
alternative decision to be made concerning the impacts that the Southern Lake development<br />
is likely to have on any matters of National Environmental Significance.<br />
To this point in time the proposed development has not been referred to the Commonwealth<br />
for reconsideration of its original decision of 2 May 2002. Should <strong>Council</strong> wish to pursue this<br />
matter further it is recommended that <strong>Council</strong> approach both the relevant State (Environment<br />
and Natural Resource Management) and Federal (Environment) Ministers, to request the<br />
referral to the Commonwealth be undertaken.<br />
State Government Management Plans<br />
South East Queensland Regional Plan<br />
The subject site is identified within the ‘Urban Footprint’ of the South East Queensland<br />
Regional Plan. The land subject to this application is intended to contribute approximately<br />
2,200 dwellings toward the Regional Plan’s 2031 growth targets for additional development<br />
in existing areas of the <strong>Sunshine</strong> <strong>Coast</strong>. The proposed development is consistent with the<br />
Desired Regional Outcomes for the ‘Urban Footprint’.<br />
With regard to the dwelling ranges identified, a total net residential density of between 15 and<br />
20 dwellings per hectare is able to be achieved across the subject site, satisfying the<br />
residential density objectives expressed in the South East Queensland Regional Plan<br />
2009-2031 for Greenfield Development.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
State Planning Policies<br />
The following State Planning Policies are applicable to this application:<br />
• SPP 1-02 – Development in the Vicinity of Certain Airports and Aviation Facilities;<br />
• SPP 2-02 - Planning & Managing Development Involving Acid Sulfate Soils; and<br />
• SPP 1-03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide.<br />
Of these, SPP 1-02, SPP 2-02 and SPP 1-03 have been deemed by the Minister for Local<br />
Government and Planning as being appropriately reflected in <strong>Council</strong>’s Planning Scheme<br />
and therefore do not warrant separate independent assessment.<br />
South East Queensland Regional <strong>Coast</strong>al Management Plan<br />
The subject site is located within the Maroochy River Catchment which extends from<br />
Peregian to the Moreton Bay Regional <strong>Council</strong> area. Bells Creek and Pumicestone Passage<br />
are identified as significant coastal wetlands.<br />
Section 2.1.3 - <strong>Coast</strong>al Development Land Use, addresses matters relating to the potential<br />
for environmental impacts that are associated with the establishment of Marine Industry<br />
Precincts. The definition of Marine Industry Precinct states:<br />
A waterfront based area containing a cluster of marine industry activities and facilities, which<br />
may include the following: boat builders, maintenance, repair and refurbishing of vessels,<br />
launching and retrieval of vessels, marine industry professionals e.g., naval architects,<br />
marine engineers and surveyors, vessel crews, and associated office accommodation, wet<br />
and dry vessel storage, fuel storage and delivery infrastructure, the sale and display of<br />
marine products, marine industry training facilities, and services, and small scale supporting<br />
commercial services and facilities.<br />
It is noted that, in terms of the Preliminary Approval and the associated Southern Lakes<br />
Pelican Waters Planning Area Code, the definition of “marina” has been amended to limit the<br />
extent and type of marine based industries permitted to occur within the proposed marina<br />
and Boats Landing Sub-Precinct. High impact uses such as boat building, boat<br />
maintenance, abrasive blasting, etc., have been removed from the definition of a “marina”.<br />
The proposed definition of marina states:<br />
A use of premises for the launching, landing, berthing and storage of boats on or adjacent to<br />
the water. The term includes any associated facilities for the fuelling, sewer pumpout and<br />
washdown of boats and marine accessories, the parking of motor vehicles and trailers,<br />
facilities for recreation and amenity, offices, chandlery, provision shop and caretaker’s<br />
residence on the same site.<br />
Notwithstanding, the proposed marina is located on land designated for urban purposes and<br />
satisfies the criteria with regard to ‘Development Assessment’ in that:<br />
a) the proposed marina is not located in an area of State significance;<br />
b) the development is designed to cater for current and 2100 peak 100 year Average<br />
Return Interval storm tide level and is designed to be immune from fresh water<br />
flooding under current climatic conditions and including projected sea level rise due to<br />
climate change at 2100;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
c) the effects on the Pumicestone Passage due to the increase in tidal prism resulting<br />
from the construction of the additional waterways would be almost negligible and<br />
would be masked by naturally occurring variations in the tidal dynamics of the<br />
Pumicestone Passage;<br />
d) the proposed marina is not proposed in undeveloped tidal waterways; rather, the<br />
marina is proposed to be located in an extension to the highly developed Lamerough<br />
Canal; and<br />
e) the proposed marina is not located within a Declared Fish Habitat Area (refer<br />
Attachment 9).<br />
Section 2.1.4 - Canals and Dry Land marinas, addresses matters relating to key coastal<br />
management issues associated with canals and dry land marinas. The proposed canal<br />
extension and marina is located on land designated for urban purposes and satisfies the<br />
criteria with regard to ‘Development Assessment’ in that:<br />
a) the proposed canal extension and marina are not located in an area of State<br />
significance;<br />
b) the lake is modeled to have a turn over time of 22 days, and the tidal range within<br />
Lamerough Canal is greater than 0.3 metres;<br />
c) the development is designed to cater for current and 2100 peak 100 year Average<br />
Return Interval storm tide level and is designed to be immune from fresh water<br />
flooding under current climatic conditions and including projected sea level rise due to<br />
climate change at 2100;<br />
d) the effects on the Pumicestone Passage due to the increase in tidal prism resulting<br />
from the construction of the additional waterways would be almost negligible and<br />
would be masked by naturally occurring variations in the tidal dynamics of the<br />
Pumicestone Passage;<br />
e) the proposed canal extension and marina are not proposed in undeveloped tidal<br />
waterways, rather, the waterway that will have a connection to the development site<br />
is highly developed with concrete revetment walls lining the canal;<br />
f) the proposed canal extension and marina are not located within a Declared Fish<br />
Habitat Area (refer Attachment 9); and<br />
g) the proposed canal extension and marina are not located with the Regional<br />
landscape and Rural Production Area of the South East Queensland Regional Plan.<br />
Section 2.1.10 - Tourism and Recreational Activities, seeks to manage tourism and<br />
recreational pressures. <strong>Council</strong>’s Waterways and <strong>Coast</strong>al Management Strategy 2010–2020<br />
recommends the development of a catchment and estuary management plan for the<br />
Pumicestone Passage to manage recreational, economic and environmental conditions on<br />
the Passage. Further advice is provided in the review of the proposal against the Waterways<br />
and <strong>Coast</strong>al Management Strategy.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Section 2.1.15 - Non-Tidal Artificial Waterways, seeks to ensure non-tidal artificial waterways<br />
are only developed in appropriate locations. The proposed non-tidal artificial waterway is<br />
located on land designated for urban purposes and satisfies the criteria with regard to<br />
‘Development Assessment’ in that:<br />
a) the lake is modeled to have a turn over time of 22 days, and the tidal range within<br />
Lamerough Canal is greater than 0.3 metres;<br />
b) the effects on the Pumicestone Passage due to the increase in tidal prism resulting<br />
from the construction of the additional waterways would be almost negligible and<br />
would be masked by naturally occurring variations in the tidal dynamics of the<br />
Pumicestone Passage;<br />
c) the proposed non-tidal artificial waterway is not proposed in undeveloped tidal<br />
waterways, rather the waterway that will have a connection to the development site is<br />
highly developed with concrete revetment walls lining the canal;<br />
d) the proposed non-tidal artificial waterway is not proposed in a freshwater<br />
environment; and<br />
e) the proposed non-tidal artificial waterway is not located within a Declared Fish Habitat<br />
Area (refer Attachment 9);<br />
With regard to direct or indirect adverse impacts from the construction and operation of<br />
non-tidal artificial waterways, the following assessment is provided:<br />
a) Areas of State significance (natural resources)<br />
The proposed non-tidal waterway is not located in an area of State significance, but it<br />
is noted the subject land is located adjacent to Bells Creek and outlets into the<br />
Pumicestone Passage, which are both identified as areas of State significance. The<br />
proposed non-tidal waterway is designed as a tidal exchange system that receives<br />
inflows at high tides from Lamerough Canal. The design of the system does not<br />
involve any pumping or outflow from or into Bells Creek. With regard to the<br />
Pumicestone Passage the proposed development is not expected to impact on the<br />
environmental conditions within the Pumicestone Passage. This assessment has<br />
been further detailed in the Environmental Assessment section of this report.<br />
b) <strong>Coast</strong>al wetlands, including the opportunity to rehabilitate, restore or enhance<br />
degrades coastal wetland areas and values<br />
The subject land has been extensively modified through cutting, filling and other<br />
excavations. This included the excavation of a substantial open stormwater drainage<br />
channel that conveys stormwater run-off from the site and the adjacent Golden<br />
Beach. This constructed drainage channel is subject to tidal influences and has<br />
facilitated the establishment of marine plant communities within and adjacent to the<br />
drainage channel.<br />
The Department of Environment and Resource Management has assessed the<br />
proposal against the <strong>Coast</strong>al Protection and Management Act 1995 and the<br />
Department of Employment, Economic Development and Innovation (Fisheries<br />
Queensland) has assessed the proposal against the Fisheries Act 1994. Both<br />
referral agencies have supported the proposed development subject to conditions.<br />
Conditions include the requirement for offsets to be provided at a ratio of 2:1 for the<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
loss of marine plants and fish habitats, therefore providing an opportunity to enhance,<br />
rehabilitate and restore the identified coastal wetlands.<br />
c) Areas of coastal biodiversity significance<br />
The proposal has been determined to not cause any significant adverse impacts to<br />
the coastal biodiversity. The wetlands adjacent to Bells Creek are required to be<br />
rehabilitated and largely left in a natural state. Marine plant offsets are required to<br />
compensate for the removal of some plants. Water quality is to be managed to<br />
current best practice prior to discharge to the lake with the waters in the lake<br />
achieving a 22 day turnover, and recreational boating activity is limited mostly to the<br />
waters north of Bells Creek as water depths to the south are very shallow and as<br />
such precludes any deep drafted boasts. Marine zones may be implemented during<br />
2012 to manage recreation activities on Pumicestone Passage as part of <strong>Council</strong>’s<br />
Waterways and <strong>Coast</strong>al Management Strategy 2010 – 2020.<br />
d) Areas of value to Indigenous Traditional Owner<br />
There are no known areas of value to Indigenous Traditional Owners located on the<br />
subject land. It is noted that some areas of cultural significance are located with the<br />
adjacent esplanade (shell scatters and scar trees). These areas have been identified<br />
and are to be maintained in their current state.<br />
e) Areas of State significance (cultural heritage)<br />
Refer to item above.<br />
f) Public access to and along the foreshore and public useability of coastal waters due<br />
to the construction of a lock and weir or infrastructure associated with supplying water<br />
to a non-tidal artificial waterway<br />
The proposed infrastructure associated with the lake and marina will not preclude<br />
public access to the foreshore of the proposed lake, marina or adjacent natural<br />
waterways (Bells Creek, Pumicestone Passage).<br />
g) Identified environmental values and water quality objectives under the Environmental<br />
Protection (Water) Policy 2009<br />
Should this proposal be supported, detailed water quality objectives are included as<br />
conditions. These objectives are consistent with those of the Environmental<br />
Protection (Water) Policy 2009.<br />
h) Vulnerable areas for precursors to algal bloom<br />
Land based activities and development that alter the natural hydrological regime,<br />
including groundwater levels and composition and surface water run-off, often result<br />
in increased loads of nutrients to coastal waters, that cause algal blooms.<br />
The scale and type of development being proposed has the potential to supply<br />
nutrients of concern to the immediate coastal areas if best practice water quality<br />
management is not implemented.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
This means:<br />
• no lowering of the water table where acid sulphate soils are present;<br />
• avoidance or minimisation of the export of nutrients from the site through either<br />
surface or groundwater;<br />
• no disturbance of coastal wetlands;<br />
• the maintenance and enhancement of riparian vegetation; and<br />
• incorporating best practice stormwater quality management, including best<br />
practice water sensitive urban design and sediment controls.<br />
The applicant has provided water quality modelling for the proposed development that<br />
demonstrates compliance with these minimum expectations. In circumstances, although<br />
limited, where water quality in either system deteriorates as a result of urban conditions,<br />
there is a three tiered risk minimisation approach to the waterways associated with this<br />
development.<br />
The first tier involves flushing systems to be installed to achieve turnover in the lake water<br />
over a period less than 30 days and best practice stormwater management. The second tier<br />
involves the preparation of a detailed water quality management plan as part of the first<br />
stage of subdivision. This management plan will include modelling that demonstrates the<br />
minimum water quality objectives stated in the Environmental Planning (Water) Policy 2009.<br />
The third tier of risk minimisation is the Lake and Tidal Canal management plans. These<br />
management plans will include a rigorous testing regime, which will identify when and if there<br />
is any deterioration in water quality conditions and a mitigation plan which identifies actions<br />
to be undertaken to remedy conditions if necessary.<br />
With respect to water quality standards and monitoring of water quality, conditions have been<br />
included that require the developer to comply with detailed water quality targets and prepare<br />
a water quality monitoring program. The water quality monitoring program is to commence<br />
after the first stage of the lake/canal/marina system has been constructed and is to continue<br />
until the developer is no longer responsible for the maintenance of the Southern Lake<br />
system.<br />
The exact location of monitoring sites is yet to be determined, but conditions are included<br />
that require:<br />
a) a minimum of 2 monitoring sites for each stage of the lake/canal and marina;<br />
b) one site located in Lamerough Canal near the entrance to the marina; and<br />
c) one site located at the entrance of Lamerough Canal.<br />
Testing is to be carried out at each of the above mentioned sites on a monthly basis and<br />
submitted to <strong>Council</strong>.<br />
The above assessment has established that the proposed development satisfies the relevant<br />
criteria of the South East Queensland Regional <strong>Coast</strong>al Management Plan 2006. Further,<br />
the Department of Environment and Resource Management as a Concurrence Agency has<br />
also given due regard to the Plan in its approval of the proposal.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Local Government Planning Scheme, Management Plans & Strategies<br />
Growth Management Position Paper<br />
The Growth Management Position Paper 2008, identified Pelican Waters as a “Greenfield<br />
Area” intended to be developed as a master planned community providing a range of<br />
housing types and densities. The undeveloped parts of Pelican Waters are intended to<br />
incorporate further residential intensification in areas proximate to the District Activity Centre.<br />
Statement of Proposals for the New Planning Scheme<br />
The Statement of Proposals is the first step towards preparing a new planning scheme and<br />
identifies key principles that will primarily inform the strategic planning component of the new<br />
planning scheme.<br />
The Statement of Proposals includes key principles for managing growth where a more<br />
compact urban form is established around activity centres at densities that will support high<br />
levels of self-containment in housing choice, transport services, employment, education,<br />
sport and recreation opportunities and access to high quality public spaces and community<br />
facilities.<br />
The proposed development is generally consistent with the key principles identified in the<br />
Planning for a Sustainable <strong>Sunshine</strong> <strong>Coast</strong> – A Statement of Proposals for the new planning<br />
scheme.<br />
Affordable Living Strategy 2010-2020<br />
AFFORDABLE LIVING FRAMEWORK (PRINCIPLES)<br />
Diverse housing choices for a diverse community<br />
The proposed development provides a variety of housing choice ranging from conventional<br />
residential allotments to terrace allotments and residential units in low and high rise formats,<br />
which provide opportunity and choice to a diverse community.<br />
Housing to suit all income levels<br />
There are no legislated provisions that would permit <strong>Council</strong> to pursue affordable or social<br />
housing product throughout this development. The provision of small lots and support for<br />
residential unit development may produce some product to the market at a lower rate than<br />
the established residential areas. However, due to the amenity of the area and established<br />
market conditions, the majority of the dwellings would not be considered affordable options.<br />
Local opportunities<br />
The expansion of the District Business Centre enhances the opportunity for Pelican Waters<br />
to become a self-contained community with increased access to employment, retail,<br />
entertainment and recreation opportunities.<br />
A range of transport choices<br />
The Activity Centre provides an opportunity for a public transport hub. The provision and<br />
structure of this proposed development provides greater opportunities for through routes and<br />
higher frequency services to benefit the Pelican Waters and Golden Beach communities.<br />
The provision of higher densities in and around the Town Centre supports the viability of the<br />
public transport network.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The public transport network is supported by an extensive pedestrian and cycle network<br />
linking into established communities and to key sites such as the Caloundra City School and<br />
Golf Club.<br />
Great places and spaces<br />
The developer has referred to this stage of the proposed development as “The Heart”. The<br />
provision of major central open space, walkable waterfronts, a marina, an active town centre,<br />
a district community facility, the extension of Jensen Park, adjacent Bells Creek and the<br />
extensive pedestrian and cycle networks that link all these spaces, will provide opportunities<br />
for social and cultural interaction, participation and improved wellbeing.<br />
A minimal environmental footprint<br />
The Climate and Energy Efficiency Code and Stormwater Management Code of the<br />
Caloundra City Plan 2004 are applicable codes for the development of individual lots. The<br />
codes address energy efficiency measures for both commercial and residential<br />
developments and water re-use measures to reduce dependency on potable water.<br />
The Preliminary Approval process affords <strong>Council</strong> the opportunity to implementation built<br />
form design parameters that aim to achieve sustainable outcomes to reduce reliance on<br />
energy consumptive appliances. In response, provisions within the Pelican Waters Southern<br />
Lake Planning Area Code require development to be responsive to localised climatic<br />
conditions.<br />
With specific regard to water conservation measures, all development, including dwelling<br />
houses, multiple dwellings and commercial development are required to have on-site water<br />
harvesting, for internal and external non-potable use, which will significantly decrease<br />
reliance on potable water supply. In addition, a condition has been included that requires the<br />
developer of the subdivision to prepare a water harvesting plan for public areas (parks and<br />
roads), with the aim of reducing potable water usage in parks for non potable purposes (ie;<br />
irrigation). The installation of this system will have a long term cost implication for <strong>Council</strong><br />
related to the operation, maintenance and ‘end of life’ replacement cost of the infrastructure.<br />
These measures are expected to reduce potable water use in the order of 30%-40% over<br />
established standards, which will reduce household expense.<br />
Resource efficiency is further promoted through the delivery of sustainable neighbourhoods,<br />
that reduce the reliance on the motor vehicle as a preferred mode of transport. Mixed use<br />
developments involving medical, shops, offices and residential when integrated with an<br />
efficient public transport and pedestrian and cycle network, mean that residents of Pelican<br />
Waters don’t have to travel to Caloundra as often for their day to day and week to week<br />
needs. The introduction of water based industry, retail, restaurant and offices provides<br />
opportunities for residents to work in the immediate area.<br />
Sustainable Transport Strategy 2011-2031<br />
TRANSPORT STRATEGY (GOALS)<br />
A shift to public and active transport modes is achieved<br />
Pelican Waters has an established bus route. The low density of the existing community and<br />
the “end of line” nature of the development make it difficult to provide a high frequency<br />
service.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The introduction of new road connections, the increase in the residential densities and the<br />
potential creation of a destination for employment and entertainment, being the Business<br />
Centre, will all improve the viability of services through Pelican Waters. This will, in turn,<br />
support a shift to public transport.<br />
The development of the Pelican Waters District Business Centre and the surrounding<br />
residential development is required to incorporate the necessary infrastructure to support the<br />
expansion of the bus network including an interchange within the Main Street of the Business<br />
Centre.<br />
As evidenced by the proposed pedestrian and cycle network plan, there is a strong push<br />
toward the implementation of a high quality, interconnected network aimed at reducing the<br />
use of the private motor vehicle.<br />
Transport planning is collaborative, cost effective and progressive<br />
Bus priority has not been contemplated along either Pelican Waters Boulevard nor<br />
Landsborough Parade. Both roads will have reached or neared capacity, once this<br />
development is established and the widening of the reserves is too expensive, because of<br />
land resumptions and multiple waterway crossings. Opportunities may exist for bus priority<br />
lighting along Pelican Waters Boulevard at a number of the established intersections.<br />
The established road network within Pelican Waters is confusing. Large sections of the<br />
community are a giant cul-de-sac. The development of the proposed road network will<br />
considerably improve permeability and connectivity to surrounding neighbourhoods.<br />
Improved pedestrian and cycle networks have been proposed that link the key destinations<br />
and will encourage modal change.<br />
The Preliminary Approval Code has been conditioned to require end of trip facilities in all<br />
commercial developments, bicycle storage in all developments and reduced carparking<br />
rates, particularly within the Business Centre on the major public transport route.<br />
A conserving, clean and green system<br />
The majority of this goal is aimed at reducing transportation energy consumption and<br />
delivering a transport system and related infrastructure in an environmentally responsible<br />
manner. There are a couple of initiatives that can be implemented to assist in encouraging<br />
the mode shift that this goal seeks to achieve. These include the provision of purpose<br />
designed spaces for motorcycles and scooters in highly visible and accessible locations and<br />
utilising road corridor capacity rather than adding capacity, which in turn supports the<br />
improvement of sustainable transport networks which relieve the corridor’s concentrated<br />
load.<br />
Transport and land use integration serves the local and regional economy and promotes self<br />
containment<br />
There are no dedicated public transport corridors, other than Caloundra and Maroochydore<br />
Corridor Options Study (CAMCOS), identified to service Pelican Waters. Should at anytime<br />
the Caloundra and Maroochydore Corridor Options Study corridor be constructed along this<br />
alignment, opportunity exists for bus priority within the respective road reserves leading to<br />
the Business Centre. Limited options, including bus priority lighting along Pelican Water<br />
Boulevard, may be a long term option if the Caloundra and Maroochydore Corridor Options<br />
Study corridor remains undeveloped and congestion on Pelican Waters Boulevard increases.<br />
Limited options are available for bus priority along Lamerough Parade at Golden Beach.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
A safe travel environment is delivered<br />
The pedestrian and cycle network and road network has been implemented to minimise the<br />
conflict with motor vehicles. At each stage of the development detailed design will address<br />
traffic management and road safety issues.<br />
<strong>Sunshine</strong> <strong>Coast</strong> Waterways and <strong>Coast</strong>al Management Strategy 2011-2021<br />
The <strong>Sunshine</strong> <strong>Coast</strong> Waterways and <strong>Coast</strong>al Management Strategy 2011-2021 (The<br />
Strategy), recently adopted by <strong>Council</strong>, outlines key values, challenges and strategic<br />
directions to guide future planning and implementation. The Strategy provides strategic<br />
directions for natural waterways, such as the Pumicestone Passage, constructed<br />
waterbodies, such as the Pelican Waters lake system and coastal foreshores, like Bells<br />
Creek. The subject land and proposal are influenced by all three of these systems a<br />
summary of which follows:<br />
SECTION 5.0 – STRATEGIC DIRECTIONS<br />
NATURAL WATERWAYS (PRINCIPLES)<br />
Management seeks to balance the recreation/social, environmental, economic and cultural<br />
values in a considered way<br />
The proposed development is of a scale to provide recreational and economic opportunities<br />
associated with the marine environment, and at the same time expose the environmental<br />
values of that same marine environment to the adverse impacts of land, lake and canal<br />
development.<br />
If all three values are to be considered, then the development and implementation of the<br />
management plans discussed in this report, are critical to the achievement of the outcomes<br />
sought by the Waterways and <strong>Coast</strong>al Management Strategy.<br />
Aquatic and riparian ecosystems are protected and enhanced<br />
Marine plants are intended to be removed from part of the site. The marine plants are<br />
located along an existing drainage line within the eastern boundary of the site. Queensland<br />
Fisheries have supported the removal of these marine plants. The conditions of this report<br />
recommend a replanting program to compensate at a ratio of 2:1. The area of coastal buffer<br />
originally proposed along the boundary of the site to Bells Creek was 40 metres. Through<br />
negotiations, Jensen Park has been extended providing Bells Creek with a buffer width in<br />
excess of 100 metres.<br />
No urban run-off from this development is to be discharged into Bells Creek. A system of<br />
parkland areas, esplanades and the coastal pathway network will provide improved<br />
surveillance along the buffer to Bells Creek.<br />
These measures will result in medium to long term improvements in the local riparian<br />
systems along Bells Creek.<br />
Catchment pressures are managed through regional initiatives and catchment specific<br />
management plans<br />
The development of a catchment and estuary management plan for the Pumicestone<br />
Passage has been identified for 2012.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The catchment and estuary management plan will be used to manage challenges and<br />
achieve a balance for social (recreational use and access), cultural significance, residential<br />
waterfront communities), environmental (waterway health), and economic (tourism and water<br />
based industries) values.<br />
The catchment and estuary management plan is expected to review both established and<br />
proposed land and water based activities making recommendations on measures to achieve<br />
the desired social, environmental and economic values. The catchment and estuary<br />
management plans may lead to the implementation of marine zones and related compliance<br />
arrangements as identified in Strategic Outcome NW 5.<br />
The estimated additional recreational boating generated by the proposed development when<br />
viewed against established use and predicted background increase is in the order of 5%.<br />
While this figure in itself is minor, the whole picture of recreational use on the Pumicestone<br />
Passage is a continuing concern, if not appropriately managed through an implemented<br />
catchment and estuary management strategy.<br />
Improvements to waterway health are made through the identification and management of<br />
diffuse and point sources or waterway pollution<br />
All point sources associated with the proposed development must be treated prior to<br />
discharge into the lake system. Although not part of the treatment train, the lake will perform<br />
a tertiary treatment role, which will be continuously monitored. It is not expected that the<br />
urban development associated with this Preliminary Approval will result in waterway<br />
pollution. Water quality within the lake will be required to meet the minimum desired<br />
standards for water quality in the Pumicestone Passage as prescribed by the Environmental<br />
Protection (Water) Policy 2009.<br />
CONSTRUCTED WATERWAYS (PRINCIPLES)<br />
For newly constructed water bodies to be considered as an appropriate design solution, an<br />
overriding need in the public interest must be identified which identifies the integrity of the<br />
claimed functions, the risks and net benefit attributable to the <strong>Sunshine</strong> <strong>Coast</strong> Region, the<br />
general public and other parties<br />
Since the subject land was rezoned back in 1996, water bodies have been an integral part of<br />
the planning for this site as evidenced by subsequent Planning Schemes which have<br />
identified waterway extensions, a marina and a Town Centre with aspect over water.<br />
Despite this, council officers have been working to ensure that any constructed water body<br />
associated with the development demonstrates an overriding need in terms of the public<br />
interest, minimises the risks and justifies the net benefits to the <strong>Sunshine</strong> <strong>Coast</strong> Region.<br />
• First, the Town Centre has been located and designed to service a community in<br />
excess of 11,000 people. The Town Centre is based on the principles of sustainable<br />
transport by providing opportunities for employment and high density residential in<br />
close proximity to be serviced by high frequency bus routes supported by Translink.<br />
In order for the Town Centre to be built in this central location and to provide for the<br />
appropriate immunity levels, including catering for climate change, fill needs to be<br />
sourced. Without the waterbodies, the fill would be sourced externally, which is<br />
neither preferred from an environmental, amenity, maintenance, or economic<br />
perspective.<br />
• Second, the proposed development includes the opportunity for low scale marine<br />
based industry and a boutique town centre, which may assist in diversifying the<br />
industry base on the <strong>Sunshine</strong> <strong>Coast</strong>;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
• Third, the walkable waterfront, marina and proposed marine structures provide a<br />
significant recreation opportunity for the region’s residents to access the waterways<br />
and waterfront; and<br />
• Fourth, the applicant has agreed to provide a financial contribution towards the<br />
maintenance, operation and end of life replacement cost of all marine structures and<br />
infrastructure associated with the lake and canal extension for a 40 year period.<br />
The integrity of the claimed functions has been substantiated through detailed assessment<br />
and management conditions, the risks to <strong>Council</strong> have been minimised and the net benefit of<br />
opportunities for the immediate and general community are significant.<br />
Other Principles include:<br />
Constructed water bodies are designed and managed to maximise resource use efficiency<br />
and minimise life cycle costs and risks -<br />
Apart from the financial contribution, the tidal exchange system being proposed is the most<br />
efficient method of tidal exchange currently utilised as it relies primarily on the fluctuating tide<br />
and actuated valves rather than sophisticated and energy reliant pump systems, such as the<br />
one servicing the northern lake system in Pelican Waters.<br />
Constructed water body management is regionally consistent and considers the integrity of<br />
functions and the integrated competing nature of social, economic and environmental<br />
functions -<br />
Both lake and canal management plans are required to be prepared and submitted for<br />
<strong>Council</strong> assessment. As evidenced by the relevant conditions, these management plans will<br />
involve detailed aspects of the social, economic and environmental functions of each water<br />
body. These management plans are a consistent standard for constructed water body<br />
management that has been derived from established management plans, maintenance<br />
programs and best practice water quality management initiatives.<br />
Constructed lakes are not considered part of the urban water treatment train –<br />
The majority of the site drains to the proposed lake system. The lake has not been designed<br />
to be part of the urban water treatment train. All treatment of urban run-off is to occur on the<br />
land. The water quality standards established by the conditions require this to be continually<br />
demonstrated through testing. The maintenance of the lake system is not to be transferred<br />
to <strong>Council</strong> until it is demonstrated over a continuous period that the water quality objectives<br />
within the lake are being achieved.<br />
Climate change considerations are incorporated into constructed water body design and<br />
management –<br />
All coastal infrastructure will be designed to cater for estimated climate change at 2100.<br />
COASTAL FORESHORES (PRINCIPLES)<br />
The management and the development of the coastal zone occurs in an ecologically<br />
sensitive manner for the good of the entire <strong>Sunshine</strong> <strong>Coast</strong> community wherever possible<br />
Whilst the risk to the environment cannot be eliminated, management plans and measures<br />
required and proposed to be put in place will significantly decrease the risk to and associated<br />
with this coastal development.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Preliminary modelling has indicated that water quality objectives can be achieved, minimum<br />
development and infrastructure levels are being designed to cater for coastal conditions,<br />
climate change and sea level rises and proposed catchment and estuarine management<br />
plans are to be implemented to manage the balance between recreation use and the<br />
environment. Lake and Tidal Management Plans are to be prepared and implemented to<br />
manage recreation uses, monitor water quality and maintenance programs and to set in<br />
place emergency procedures should problems occur. The provision of a financial<br />
contribution is designed to minimise the financial risk to the <strong>Sunshine</strong> <strong>Coast</strong> Community of<br />
maintaining, operating and replacing this infrastructure.<br />
These strategies combine to minimise the community and environment’s exposure to the<br />
risks associated with coastal development.<br />
The coast is managed to allow for natural fluctuations to occur, as well as systematic<br />
changes as a result of climate change and sea level rise, and provide protection for life and<br />
property wherever possible<br />
All development and infrastructure has been designed to cater for climate change as<br />
prescribed by the State <strong>Coast</strong>al Management Plan.<br />
<strong>Coast</strong>al social and recreational land uses are maintained and enhanced, consistent with the<br />
conservation of coastal resources and the provision of public safety<br />
The proposed development provides the opportunity for increased recreational opportunities<br />
associated with the coastal environment. Catchment and Estuarine Management Plans will<br />
be an essential tool to manage the potential impact of increased access to the Pumicestone<br />
Passage.<br />
Water quality in the coastal zone is maintained at a standard that protects and maintains<br />
coastal ecosystems and their ability to support human use.<br />
The water quality objectives of the respective management plans are designed to achieve<br />
the minimum water quality objectives for the Pumicestone Passage under the State<br />
Government’s Environmental Protection (Water) Policy 2009. Measures and actions are<br />
required by the development to achieve these minimum water quality standards for the<br />
development.<br />
Cultural heritage and social history associated with coastal foreshores are protected,<br />
promoted and well managed<br />
The esplanade area directly adjacent the subject land contains middens established by<br />
former indigenous communities. No works are proposed in this area. Opportunity for<br />
education may exist in conjunction with the development of the coastal path network.<br />
<strong>Sunshine</strong> <strong>Coast</strong> Biodiversity Strategy 21010-2020<br />
GENERAL<br />
The Strategy identifies Pumicestone Passage as an area of interest and reinforces the<br />
importance of preserving and maintaining the environmental values of the waterway.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
POPULATION GROWTH AND DEVELOPMENT<br />
Vegetation Clearing – Habitat Loss and Fragmentation<br />
The subject site was predominately cleared of vegetation between 1990 and 1994, with the<br />
exception of some scattered patches of vegetation located along the southern and eastern<br />
boundaries. Since 1994, regular clearing/slashing has maintained the property such that at<br />
present the subject land supports only a limited amount of native and exotic regrowth<br />
vegetation.<br />
According to the Regional Ecosystem Mapping produced by Department of Environment and<br />
Resource Management, the subject land supports a small extent of remnant vegetation (least<br />
concern) along the southern-western boundary. This area of the site while part of the overall<br />
application for the southern lake, is subject to a previous development approval for<br />
Reconfiguration a Lot (64 Lots) whereby minimal clearing of the remnant vegetation (least<br />
concern) was approved by the Department of Environment and Resource Management.<br />
With respect to the proposed development, it has been established that the site is largely<br />
devoid of any significant vegetation. Areas of ecological importance include the buffer to<br />
Bells Creek and the tidal inlet adjacent to Jensen Park. Negotiations with the developer have<br />
secured additional open space adjacent to Bells Creek increasing the buffer width to the<br />
wetland from approximately 40m to over 100m. This additional open space increases the<br />
area of Jensen Park to 5 hectares. This increased area provides opportunities to:<br />
• rehabilitate and revegetate the tidal inlet adjacent to Jensen Park;<br />
• rehabilitate and revegetate the riparian buffer to Bells Creek;<br />
• enhance riparian stability;<br />
• improve the quality of fauna corridors along Bells Creek;<br />
• reduce nutrient/sediment loss to Bells Creek; and<br />
• improve marine plant ecosystems along Bells Creek, given the requirement for offsets<br />
at a ratio of 2:1.<br />
The proposed development will result in some habitat loss, particularly the flora and fauna<br />
communities that have established in the constructed drainage channel extending from the<br />
tidal inlet and north of Michael Street. This area contains a high level of exotic weed<br />
infestation. It is recommended there be no net loss of wetland habitat, therefore conditions<br />
are included that require marine plant offsets at a ration of 2:1 for the loss of the marine<br />
plants that have established in the constructed drainage channel.<br />
With regard to fauna, it is proposed that fauna translocation conditions will be included on<br />
future applications for operational works. It is considered in this instance the extent of<br />
clearing will not represent habitat that is critical to the survival of fauna populations found in<br />
the area. Consideration of the rehabilitation and revegetating works required to the riparian<br />
buffer adjacent to Bells Creek, removal of exotic weed species and rehabilitation of the tidal<br />
inlet area will significantly improve the local ecosystem and movement corridors along Bells<br />
Creek.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Introduction of Pest Species<br />
The developer is required to prepare and submit to council an Open Space Strategy for the<br />
whole of the preliminary approval area that addresses a range of matters. Specific to pest<br />
and weed control, the Open Space Strategy is to include provisions for:<br />
• rehabilitation and revegetation plans; and<br />
• weed management strategy<br />
The Open Space Strategy (inclusive of a rehabilitation and revegetation plan and weed<br />
management strategy) is required to be provided with the application for the first stage of<br />
subdivision. Any required amendments to those plans and strategies will be conditioned as<br />
part of the first stage of subdivision.<br />
Pollution and Stormwater Run-off<br />
All stormwater from the development will be treated to current best practice. The water<br />
quality within the lake and marina is predicted to meet Environmental Protection Policy<br />
(Water) 2009 – Pumicestone Passage Environmental Values and Water Quality Objectives.<br />
The developer is required to prepare and submit a Stormwater Quantity Management<br />
Strategy for the whole of the preliminary approval area. With each subsequent application<br />
for subdivision the developer is required to prepare and submit a detailed Stormwater<br />
Quantity and Quality Management Plan that demonstrates how Water Sensitive Urban<br />
Design devices will be integrated into the development to treat stormwater to current best<br />
practice prior to discharge into the lake/canal.<br />
In addition the developer is required to prepare and submit a Lake Management Plan and<br />
Tidal Waterway Management Plan. Specific to pollution and stormwater run-off, these<br />
management plans are required to include provisions for:<br />
• water quality objectives;<br />
• water quality monitoring program, including sampling site locations, frequency etc;<br />
• incident response and reporting;<br />
• summary of design pollutant loadings and modelling assumptions; and<br />
• summary of predicted water quality<br />
Waste Minimisation Strategy 2009-2014<br />
GENERAL<br />
<strong>Council</strong> views the Waste Management Strategy as a partnership with the community and<br />
business. This has been the approach to importing some of the actions from the Waste<br />
Management Strategy into the Pelican Waters Development.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
OUTCOMES<br />
Domestic Waste<br />
The Strategy identifies that significant waste reduction can be achieved if domestic waste is<br />
managed appropriately. The management of domestic waste is heavily reliant on the<br />
resident and therefore education and incentive programs are important to achieving waste<br />
reduction. Some of the actions sought by the Strategy that could be relevant to the<br />
development include the provision of neighbourhood gardens within parks, education<br />
programs provided to new residents and green waste bins for a 12 month trail period.<br />
A condition has been drafted which requires the applicant to prepare a waste minimisation<br />
strategy to be developed in conjunction with the relevant <strong>Council</strong> Departments that attempts<br />
to educate future residents and provide them with opportunities to minimise waste in their<br />
neighbourhoods.<br />
Recycling in Commercial and Multi Residential Developments<br />
All commercial and multi unit residential developments are required to install recycling bins<br />
as part of their operation. <strong>Council</strong> will work with developers to determine the most mutually<br />
beneficial recycling collection arrangement.<br />
Education and incentive programs can be implemented with each subsequent commercial<br />
and multi-unit development. A provision within the Code requires each commercial and multi<br />
unit developer to prepare a waste minimisation strategy to be submitted with their Material<br />
Change of Use applications.<br />
Construction Waste<br />
The Strategy supports education and incentive programs to encourage developers to<br />
minimise the extent of construction waste going into landfills. The waste minimisation<br />
strategy to be prepared by the applicant in conjunction with <strong>Council</strong>, will be required to<br />
address education and incentive programs to reflect the outcomes sought by the strategy.<br />
The waste minimisation strategy affords <strong>Council</strong> the opportunity to work with a major<br />
developer to educate, provide initiatives and record data at the initial stage of a major<br />
development to achieve waste minimisation.<br />
Climate Change and Peak Oil Strategy 2010-2020<br />
GENERAL<br />
The Climate Change and Peak Oil Strategy takes a risk avoidance and management<br />
approach to:<br />
• reducing greenhouse gas emissions;<br />
• cut oil dependency;<br />
• help the <strong>Sunshine</strong> <strong>Coast</strong> transition to alternative energy sources;<br />
• adapt to the prospect of climate change; and<br />
• build business capacity for the <strong>Council</strong> and the region<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The Strategy provides a roadmap for the next decade through a set of eight objectives and<br />
an Action Plan.<br />
Although the Climate Change and Peak Oil Strategy has limited actions that relate to<br />
development assessment, the assessment has identified the following objectives and related<br />
actions that could and are being implemented within the proposed development.<br />
OBJECTIVES<br />
Reducing greenshouse gas emissions<br />
The Climate Change and Peak Oil Strategy aims at support and strengthening settlement<br />
patterns that incorporate compact urban forms with an emphasis on mixed use and transit<br />
orientated development principles. To this point in time the Pelican Waters community has<br />
been a general low scale subdivision at odds with this objective.<br />
The proposed development represents a considerable change in development philosophy,<br />
which will increase the localisation of the community through the provision of a greater<br />
diversity of employment and residential options and increased recreation, community and<br />
retail services. These land uses will be supported by a high quality pedestrian and cycle<br />
network and bus network which is significantly improved by the density of population, the<br />
destination and permeability of service.<br />
Increased localisation, land use and infrastructure outcomes that support a transport mode<br />
shift, whether through walking, bicycles or bus, will significantly improve the green-house gas<br />
emissions of the established community and set new benchmarks for the proposed<br />
extensions to this community.<br />
The development and implementation of ecologically sustainable building principles should<br />
be broken into two parts:<br />
• built form design parameters; and<br />
• energy and water conservation measures.<br />
The Preliminary Approval process affords <strong>Council</strong> the opportunity to implementation built<br />
form design parameters that aim to achieve sustainable outcomes to reduce reliance on<br />
energy consumptive appliances. In response, provisions within the code require<br />
development to be responsive to localised climatic conditions. Provisions have been drafted<br />
into the code related to terrace style housing that requires all rooms to be serviced with<br />
natural light and ventilation, a matter that in the past the industry has been unwilling to<br />
address. Other provisions exist and measures to be demonstrated at subsequent<br />
assessment stages.<br />
The second component, energy and water conservation measures are required to be<br />
provided by the Climate and Energy Code and Stormwater Management Code of the<br />
Caloundra City Plan 2004, which establishes minimum standards for both commercial and<br />
residential development. Further detail will be required with subsequent applications over<br />
individual sites.<br />
In regard to water conservation measures, all development, including dwelling houses,<br />
multiple dwellings and commercial development are required to have on-site water<br />
harvesting, for internal and external non-potable use, which will significantly decrease<br />
reliance on potable water supply.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
In addition, a condition has been included that requires the developer of the subdivision to<br />
prepare a water harvesting plan for public areas (parks and roads), with the aim of reducing<br />
potable water usage in parks for non potable purposes (ie; irrigation). The installation of this<br />
system will have a long term cost implication for <strong>Council</strong> related to the operation,<br />
maintenance and ‘end of life’ replacement cost of the infrastructure.<br />
These measures are expected to reduce potable water use in the order of 30%-40% over<br />
established standards, which will reduce household expense.<br />
Cut oil dependency<br />
The further development of the District Business Centre at Pelican Waters, including the high<br />
residential densities, emphasises the principle of localisation, support local business and<br />
encourage local economic growth.<br />
Localisation of economic opportunities when combined with improved opportunities for a<br />
sustainable and higher frequency public transport service for intra-community and regional<br />
travel and a well connected pedestrian and cycle network, substantially improve support for<br />
transport mode shifts.<br />
Help the <strong>Sunshine</strong> <strong>Coast</strong> transition to alternative energy sources<br />
The Energy Transition Plan 2010 – 2010 attempts to assist build a low carbon, low oil,<br />
resilient future for the <strong>Sunshine</strong> <strong>Coast</strong>. The Plan proposes six objectives for <strong>Council</strong> and the<br />
community. Not all of the objectives are of relevance to the assessment of this application.<br />
Those that are include:<br />
• to support economic diversification and maximise clean energy investment;<br />
• to reduce consumption of crude oil based fuels; and<br />
• to reduce household energy costs.<br />
The latter two objectives have been addressed in the sections of this report above. In regard<br />
to supporting economic diversification and maximising clean energy investment, the<br />
proposed development attempts to create a hub for marine orientated light industry and<br />
support services. The proposal is attempting to attract new tertiary industries to the<br />
<strong>Sunshine</strong> <strong>Coast</strong> by placing them in a highly desirable location by:<br />
• giving them direct access to the water; and<br />
• providing residential, retail and commercial uses in close proximity.<br />
In regard to encouraging clean energy investment, the requirements of the Climate and<br />
Energy Code of the Caloundra City Plan require the developers of individual sites to identify<br />
measures to mitigate energy consumption within their development, which can include clean<br />
energy investment.<br />
To reduce consumption of crude oil based fuels<br />
Refer to ‘Cut oil dependency’ section above.<br />
To reduce household energy costs<br />
Refer to ‘Reducing greenshouse gas emissions’ section above.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Adapt to the prospect of climate change<br />
Incorporating climate change projections up to 2100 into planning and decision making is<br />
seen as a critical action of this Strategy. While agreement has been reached that the<br />
development will need to cater for sea level rise due to climate change at 2100, debate<br />
continues over the extent of the predicted rise. Through this Strategy the <strong>Council</strong> endorsed<br />
the recommendations of the Intergovernmental Panel on Climate Change which established<br />
a predicted sea level rise of 1.1 metres. This level was supported by <strong>Sunshine</strong> <strong>Coast</strong><br />
specific projections identified by the University of the <strong>Sunshine</strong> <strong>Coast</strong>.<br />
The relevant Queensland statutory Planning documents (South-East Queensland Regional<br />
Plan and Draft Queensland <strong>Coast</strong>al Plan) adopt a sea level rise figure of 0.8m by 2100. The<br />
sea level rise predictions adopted by the State Government are based on projections by<br />
Hunter J. (2008) Ways of Estimating Changes in Sea-Level Extremes Under Conditions of<br />
Rising Sea Level, Antarctic Climate & Ecosystems Cooperative Research Centre and upper<br />
limits of the range identified in the Intergovernmental Panel for Climate Change (IPCC)<br />
(2007) Climate Change 2007: The Physical Science Basis, Contribution of Working Group 1<br />
to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change.<br />
The sea level rise value of 1.1m is adopted from the Australian Government Department of<br />
Climate Change (2009) Climate change risks to Australia’s <strong>Coast</strong>, A First Pass National<br />
Assessment Department of Climate Change. The sea level rise value of 1.1 metres by 2100<br />
was selected in the Department of Climate Change assessment as it represented a plausible<br />
range of sea level rise values from post IPCC research.<br />
Table 1 shows the 100 year ARI storm tide level, Highest Astronomical Tide (HAT) and<br />
Lowest Astronomical Tide (LAT) both under current climate conditions and with 0.8m and<br />
1.1m sea level rise. Note that only the increase in sea level has been taken into account with<br />
the storm tide figure. Storm tide events are predicted to become more frequent and more<br />
intense but without any further storm tide studies being undertaken the increase in frequency<br />
and intensity of storm tide events is not known.<br />
Table 1: Levels at Golden Beach Under Current Climate and Year 2100 (All Values<br />
in m AHD)<br />
Current<br />
Year 2100<br />
0.8m Seal Level 1.1m Sea Level Rise<br />
Rise<br />
100 year ARI Storm 1.95 2.75 3.05<br />
Tide at Golden Beach<br />
Highest Astronomical 0.85 1.65 1.95<br />
Tide<br />
Lowest Astronomical<br />
Tide<br />
-0.66 0.14 0.44<br />
Table 2 shows the freeboard from the 100 year ARI storm tide level at proposed floor, fill<br />
platform and road levels under both current climate conditions and with 0.8m and 1.1m sea<br />
level rise. Note that the 100 year ARI storm tide level is higher than the peak 100 year ARI<br />
floor level from both regional and local flooding. Table 2 shows that under current climate<br />
conditions proposed floor, fill platform and road levels significantly exceed the requirements<br />
of Caloundra City Plan and QUDM. Including 0.8m sea level rise the proposed floor, fill<br />
platform and road levels have less than the required freeboard. Proposed floor levels and fill<br />
levels are still above peak flood levels and would be in accordance with the requirements of<br />
Maroochy Plan.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Roads have an inundation depth slightly above that required by QUDM. With a sea level rise<br />
of 1.1m only the floor levels remain above the 100 year storm tide level and the freeboard is<br />
reduced to 0.15m. The inundation depth over roads meets the requirements for access to<br />
rural residential and rural building sites only.<br />
Table 2: Freeboard from 100 year ARI Storm Tide Level at Golden Beach to<br />
Proposed Floor, Fill and Road Levels (All Values in m AHD)<br />
Current<br />
Year 2100<br />
0.8m Seal Level 1.1m Sea Level Rise<br />
Rise<br />
Freeboard to 1.25 0.45 0.15<br />
Proposed Floor Level<br />
Freeboard to 0.5 - -<br />
proposed Floor<br />
Levels required by<br />
current Flood<br />
Management Code<br />
Freeboard to 0.95 0.15 Inundated by 0.15<br />
Proposed Fill<br />
Platform Level<br />
Freeboard to 0.5 - -<br />
proposed Floor<br />
Levels required by<br />
current Flood<br />
Management Code<br />
Freeboard to 0.45 Inundated by 0.35 Inundated by 0.65<br />
Proposed Road Level<br />
QUDM Table 7.04.1 Inundated by<br />
0.25<br />
In summary all dwellings constructed under the preliminary approval are predicted to be free<br />
from inundation during a peak 100 year ARI event including a sea level rise of 1.1m.<br />
Freeboard requirements to floor levels and lots will however not be achieved.<br />
Objective No. 5 of the (CCPOS) is to Identify and Plan for Climate Change Risks including<br />
reducing climate change risks through land use planning. The implementation of using land<br />
use planning to limit climate change risks is due for completion in 2013 and is linked to the<br />
New Planning Scheme. The application has been recommended for approval and fill levels<br />
set which are not in accordance with the CCPOS because the requirements of the CCPOS<br />
are not reflected in either the current planning scheme applicable to the development or in<br />
any applicable State Government planning instruments.<br />
Adapting to the impacts of climate change are features of the Strategy that have been<br />
adopted during the assessment of this application.<br />
• both development and infrastructure are required to be constructed to cater for<br />
climate change;<br />
• the impacts of mosquito’s have been addressed and in places setbacks to marine<br />
environments increased;<br />
• open space areas have been increased in size to ensure they continue to be fit for<br />
purpose even if inundation of lower areas occurs; and<br />
• buffers to Bells Creek have been increased and rehabilitation and revegetation works<br />
required to enhance the riparian corridor along Bells Creek.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Build business capacity for the <strong>Council</strong> and the region<br />
This objective relates primarily to building partnerships with business to support initiatives<br />
that increase the adaptive capacity of the <strong>Sunshine</strong> <strong>Coast</strong> region. For example, maximising<br />
and attracting investment in low emission and renewable technologies and economies.<br />
There were no specific actions relevant to the assessment of this application.<br />
Economic Development Strategy 2010-2014<br />
GENERAL<br />
The overall purpose of the Economic Strategy is to enable the creation of wealth, prosperity<br />
and jobs in line with the council’s vision of being Australia’s most sustainable region.<br />
ACTION PLAN<br />
A Broad Economic Base.<br />
The proposed development incorporates provisions to establish low impact marine orientated<br />
industries to support the proposed marina and 14,000m 2 Gross Floor Area that is intended to<br />
be developed as a mixed use town centre. The town centre is intended to incorporate a<br />
range of uses from medical, commercial, office, shop and restaurant type uses.<br />
The extent and scale of the town centre is consistent with Caloundra City’s Business Centres<br />
Hierarchy and provides opportunities to attract new capital investment to the development of<br />
the Pelican Waters district business centre.<br />
Support for Local Business.<br />
The proposal incorporates the development of the final stages of the Pelican Water district<br />
business centre. The development of the district business centre will contribute to the local<br />
community’s wellbeing by providing basic convenience retailing within walking distance of<br />
most town centre residents, workers and visitors, providing a destination dining precinct<br />
serving as a social focus for the community, and creating local employment opportunities.<br />
It is established that Pelican Waters and Golden Beach areas have limited supply of<br />
commercial space. It is forecast that 3,200m 2 of commercial floor space will be warranted in<br />
the town centre by build out. It will provide common professional services in a convenient<br />
location, thereby generating new economic and employment benefits to the Caloundra South<br />
community. The majority of commercial space will be occupied by local businesses and<br />
medical and health services servicing the growing Pelican Waters community and therefore it<br />
is expected to have minimal impacts on existing commercial uses in the Pelican Waters –<br />
Golden Beach area or the Caloundra CBD.<br />
A Sustainable Tourism Industry.<br />
It is intended the district business centre be the focal point providing a vibrant place for<br />
residents and visitors to shop, work and socialise. Precincts adjacent to the water are<br />
proposed to capitalise on the amenity offered by the marina and predominantly comprise of<br />
restaurants, cafes and bars that provide for outdoor dining opportunities. In addition, the<br />
proposed planning area code provides for the opportunity for short term accommodation to<br />
be established within the district business centre.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The combination of short-term accommodation and dining and shopping opportunities in a<br />
waterfront setting provides the ability for a boutique tourism precinct to be established. It is<br />
also possible that Pelican waters town centre will evolve into a leisure destination that will<br />
attract a substantial number of visitors in addition to local residents.<br />
Planning Scheme<br />
Strategic Plan/Desired Environmental Outcomes<br />
The subject land is located within the Caloundra South Locality under the Caloundra City<br />
Plan 2004 (Planning Scheme) and is designated as Emerging Community. This designation<br />
was intended to recognise the extensive amount of planning already undertaken over these<br />
areas and preserve the integrity of existing approvals and planning intents established<br />
through various Development Control Plans, particularly for Pelican Waters.<br />
Precinct Intent<br />
The subject site is located in the Emerging Community Precinct. The overall outcomes for<br />
the Emerging Community Precinct include:<br />
• development in the precinct is designed and co-ordinated to achieve safe, healthy<br />
and pleasant new communities which are well integrated with existing communities;<br />
and<br />
• development in the precinct is consistent with the structure planning elements<br />
identified on the relevant Planning Area Code Map; and<br />
• development in the precinct provides for urban services.<br />
The proposed development generally achieves the overall outcomes, but it is noted that the<br />
applicant seeks to provide alternative outcomes in relation to the building height, open space<br />
network and community facilities. The matters are discussed in greater detail below.<br />
Planning Area Overall Outcomes<br />
Within the Caloundra South Planning Area Code there are a number of overall planning area<br />
outcomes specific to the subject land including:<br />
• development in the emerging community of Pelican Waters (accommodating an<br />
ultimate population of 11,000 residents) is progressive and in accordance with<br />
existing approvals and commitments;<br />
• the District Business Centre at Pelican Waters supports the convenience needs of<br />
residents and visitors at Golden Beach and Pelican Waters. Commercial and<br />
business functions within this centre are expanded and improved, but residents of the<br />
Planning Area continue to rely on the Caloundra Regional Business Centre for higher<br />
goods and services;<br />
• pedestrian and cyclists are provided with safe and convenient access to centres,<br />
waterfront activities and open space networks;<br />
• the road network is progressively upgraded to service the emerging community of<br />
Pelican Waters and to reduce the pressure on Landsborough Parade and Baldwin<br />
Street. A new north-south road is provided to the west of Golden Beach (Pelican<br />
Waters Boulevard) to the Nicklin Way roundabout and a new trunk collector road is<br />
provided serving the southern part of Pelican Waters and Diamond Head (adjacent<br />
Bells Creek);<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
• the natural and environmental qualities of Pumicestone Passage, Bells Creek and<br />
Lamerough Creek are maintained through the protection of significant vegetation<br />
adjacent to these waterways. In addition, significant vegetation to the west of Pelican<br />
Waters and surrounding the Caloundra Aerodrome is protected; and<br />
• development in the Planning Area implements best practice environmental<br />
management to achieve a high standard of water quality entering the Moreton Bay<br />
Marine Park and Pumicestone Passage catchment;<br />
The proposed development incorporates the completion of development as envisaged under<br />
the Planning Scheme for the Pelican Waters community for a final estimated population of<br />
less than 11,000 residents.<br />
The proposed development incorporates the completion of the District Business Centre with<br />
an increase in business and commercial functions. The quantity of floor area and use types<br />
have been managed to ensure the District Business Centre does not compete with the higher<br />
order uses in Caloundra.<br />
Improved pedestrian and cyclist networks are required to overcome the considerable<br />
impediment the lake creates to pedestrian and cyclist movements. The provision of two<br />
pedestrian/cycle bridges across the lake and the proposed walkable waterfront will<br />
significantly improve access to the District Business Centre, Open Spaces, Schools,<br />
Community Facilities and the waterfront.<br />
The link to Nicklin Way (Pelican Waters Boulevard) has been provided and the link to<br />
Diamond Head is incorporated within this proposal. External works will be required to<br />
Michael Street (Diamond Head) and Anning Boulevard to minimise traffic impacts on<br />
established residential areas.<br />
The Environment section of this report addresses the concerns over the potential impacts<br />
associated with the proposed development, on the Pumicestone Passage and Bells Creek.<br />
Water quality issues associated with the proposed Canal extension and the lake have been<br />
considered and adequately addressed.<br />
The approval of this application does not permit development to occur. The applicant will be<br />
required to submit a canal and lake management plan for assessment as part of the first<br />
stage of development related to any approval of this Preliminary Approval.<br />
DISTRICT BUSINESS CENTRE PRECINCT<br />
The initial components of the Pelican Waters District Business Centre were the Tavern and<br />
Shopping Centre which opened in 2002. Whilst appropriate at the time, the design of the<br />
Shopping Centre did little toward integrating with the surrounding undeveloped lands, which<br />
are the subject of this application. The applicant began an urban design exercise involving<br />
the shaping of waterways to create a north-east facing Town Centre component which<br />
extends from Pelican Waters Boulevard adjacent the existing Shopping Centre.<br />
The Town Centre component of the District Business Centre is based on a Main Street<br />
format and incorporates three main areas:<br />
1. Marine - Based Business;<br />
2. Mixed Use; and<br />
3. Medium Density Residential<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The Marine-Based Business area is located adjacent to and south-west of the existing<br />
shopping centre. The location and proposed activities are designed to sleeve the servicing<br />
areas of the shopping centre and provide a gateway into the mixed use area. The types of<br />
activities that are supported in this area include a boat stacking facility, marine based<br />
businesses (i.e. chandlery, boat sales, etc.), residential development and commercial office<br />
space up to 4,600m². These commercial premises are expected to appeal primarily to<br />
companies drawn by amenities such as marine environment and those that seek a highly<br />
distinctive image and working environment, including businesses in creative industries<br />
ranging from architecture to software design. The proposed Planning Area Code does not<br />
support the establishment of marine businesses such as boat building and the servicing and<br />
maintenance of boats within this Precinct.<br />
The applicant has proposed showrooms in this area, which is inconsistent with the<br />
commercial hierarchy and is not supported.<br />
The Mixed Use area is intended to become the main feature of the District Business Centre,<br />
intentionally located with a north-east aspect over the future marina. The majority of the<br />
additional retail floor area (up to a total of 6,200m²) will be located in this area, predominantly<br />
comprising shops and restaurants with the potential for one convenience supermarket.<br />
Commercial office space of up to 2,400m² is proposed, as is land for community facilities and<br />
public waterfront areas. The proposed density and mix of uses within this area are<br />
consistent with the intent of the Planning Scheme.<br />
The Mixed Use area will include significant densities of residential and tourism<br />
accommodation in a Main Street format generally with a 2-3 storey façade interspersed with<br />
higher building elements to 6 storeys. One focal tower is proposed by the applicant up to 13<br />
storeys (approximately 40-45 metres) high. The Planning Scheme does support the<br />
inclusion of two focal towers at Pelican Waters. The first and only developed site is the<br />
Crown Plaza, located adjacent the Golf Course in the western part of Pelican Waters, the<br />
second site is located by the Planning Scheme in the District Business Centre. These towers<br />
are permitted to a height of 30 metres (approximately 8-9 storeys), although the Crown Plaza<br />
is approved at 12 storeys and approximately 40 metres. There is no apparent justification for<br />
this increase in height in the Planning Report.<br />
Justification for an increase in building height to 13 storeys is based around building<br />
economics. Once a building exceeds 8 storeys in height, then additional safety and design<br />
requirements make it unviable to do over only 1 or 2 storeys, therefore, encouraging more<br />
storeys to spread costs. The maximum building height in the Caloundra CBD is 30-35<br />
metres and there are concerns over the impact of overshadowing on adjacent sites from the<br />
proposed tower. The recommendation is that the maximum height of the focal tower be<br />
limited to 30 metres in accordance with the Planning Scheme.<br />
The third additional area that forms part of the District Business Centre is the Medium<br />
Density Residential Area. This area comprises land opposite the Marine-Based Business<br />
Area and forms part of the gateway into the District Business Centre and the land<br />
immediately adjacent to the Mixed Use Area. These areas are intended to incorporate<br />
residential development generally in the form of Multiple Dwellings.<br />
MULTI-UNIT RESIDENTIAL PRECINCT<br />
The Multi Unit Residential Precinct is intended to form a transition between the mixed-use<br />
District Business Centre and the Low Density Residential allotments proposed for the fringe<br />
of the central island. The precinct is characterised by a central Village Park forming the<br />
primary open space in the precinct and is to be a central focus which the urban form,<br />
streetscape and built character will respond to.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The precinct is intended to primarily support residential uses that form the central core<br />
residential accommodation on the island. It is intended that the type of accommodation will<br />
be designed to promote housing diversity and contemporary urban living arrangements<br />
including Terrace Housing, Small Lot Housing and Multiple Dwellings set within a walkable<br />
public realm.<br />
To ensure an overall net residential density of 15 dwellings/ hectare can be achieved, the<br />
precinct is required to be developed at a gross residential density of between 20 and 32<br />
dwellings/ hectare.<br />
The precinct contains two sub-precincts being:<br />
• The Avenue; and<br />
• Transition Residential.<br />
The Avenue sub-precinct is aligned along the central east-west movement spine and central<br />
Village Park and is intended to accommodate mid to higher density forms of residential<br />
development providing an urban edge to the central Village Park and critical mass to support<br />
the District Business Centre. The building heights within The Avenue sub-precinct are<br />
proposed to range from 2 to 4 storeys.<br />
The Transition Residential sub-precinct comprise residential areas surround ‘The Avenue’<br />
sub-precinct and will be developed for more traditional lower density residential development.<br />
LOW DENSITY RESIDENTIAL PRECINCT<br />
The Low Density Residential Precinct is characterised by residential development of a more<br />
traditional suburban form and represents the most significant land area of the site.<br />
The majority of the Low Density Residential Precinct is intended to be developed at a density<br />
of 12 dwellings/ hectare with a maximum height of two storeys. Specific areas have been<br />
identified within this Precinct for a higher density housing form of development up to 22<br />
dwellings/ hectare with a maximum height of three storeys. The typical housing product in<br />
these areas will be Terrace Housing and Multiple Dwellings. These areas are generally<br />
located north of the District Business Centre and east of the District Business Centre<br />
adjacent established residential areas of Golden Beach (Diamond Head) and Pelican Waters<br />
(Harbourlights Way).<br />
The Planning Scheme requires new communities to be well integrated with existing<br />
communities. The proposed density of development adjacent to the established residential<br />
area of Golden Beach (Diamond Head) and Pelican Waters (Harbourlights Way) does not<br />
integrate with the built form character of the existing community in that it provides lot sizes<br />
down to one quarter (¼) of the size of the adjoining established residential area.<br />
Other matters of concern relate to the provision of overland flow paths to cater for flood<br />
events, which are more difficult to provide as the density of development increases. <strong>Council</strong><br />
has also received numerous submissions from land owners in the established area<br />
concerned about the density of development adjacent to their property boundary.<br />
In light of the above discussion, it is recommended that the identified “Transition Residential”<br />
sub-precinct located between Maryann Street, Golden Beach and Harbourlights Way,<br />
Pelican Waters be removed and the area identified as “Low Density Residential Precinct” to<br />
more appropriately reflect the existing residential densities and built form that surround this<br />
particular part of the development site.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The applicant’s proposed density and form of development is still warranted within the<br />
development, but there are alternative locations for these residential densities which would<br />
avoid conflicts with established residential areas.<br />
Proposed Southern Lakes Pelican Waters Planning Area Code<br />
The proposed Southern Lakes Pelican Waters Planning Area Code is based on the same<br />
structure and format as the Caloundra City Plan 2004. The purpose of the Code is to provide<br />
an increased level of land use and built form guidance that is currently not provided for<br />
development in the Emerging Community Precinct.<br />
The Code is based upon the establishment of three Precincts being:<br />
• District Business Centre Precinct;<br />
• Multi Unit residential Precinct; and<br />
• Low Density Residential Precinct<br />
The establishment of these precincts varies the effect of the Caloundra City Plan by<br />
overriding the Emerging Community precinct. The above precincts and their supported land<br />
uses which are detailed within Caloundra City Plan have been similarly reflected within the<br />
proposed Planning Area Code. This maintains a level of consistency between these<br />
documents. The introduction of the above precincts appropriately facilitates the development<br />
of a wider range of uses and their respective levels of assessment, compared to the<br />
Emerging Community Precinct.<br />
The Code addresses matters such as height, density, built form, climate responsive design,<br />
parking and access, subdivision provisions, overall outcomes for each Precinct and<br />
infrastructure networks.<br />
The area where this Code differs from the current Planning Scheme is primarily the inclusion<br />
of detailed provisions relating to new housing typologies such as terrace housing and small<br />
lot housing.<br />
The section of the Code that relates to terrace housing and small lot housing includes<br />
detailed Acceptable Solutions that will provide a built form responsive to the specific climatic<br />
conditions of the <strong>Sunshine</strong> <strong>Coast</strong>.<br />
Conditions are included that requires amendments to the Code to resolve minor workability<br />
issues associated with the Code.<br />
Environmental Assessment<br />
Pumicestone Passage<br />
The Pumicestone Passage forms part of the Moreton Bay Marine Park and is listed as a<br />
Ramsar Wetland. Pumicestone Passage was recently downgraded to a “D” rating as part of<br />
the 2010 Healthy Waterways Ecosystem Health Monitoring Program Report Card. The<br />
preservation of the marine environment is the most significant issue associated with the<br />
assessment of this development, particularly as the proposed development incorporates an<br />
extension to the Lamerough Canal system, to create a marina basin and the development of<br />
a partial tidal lake system.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
CANAL AND LAKE SYSTEMS<br />
The proposed layout includes an extension of the tidal canal off the Lamerough Canal and<br />
the construction of an additional partial tidal lake which will in effect create an island within<br />
the centre of the site. The extension of the tidal canal is proposed to include a marina basin<br />
with a base level of -5m Australian Height Datum. The proposed lake has a surface area of<br />
14.8 hectare and a depth of approximately 5m below the mean lake surface level under<br />
current climatic conditions (-4.5 m Australian Height Datum).<br />
The two water bodies will be linked by a navigation lock and weir located on the southern<br />
arm of the loop. The northern arm of the loop will be blocked to the passage of watercraft<br />
with the construction of a bunded causeway to allow the crossing of a road into the District<br />
Business Centre. Lake flushing is proposed via a tidal exchange system which will be<br />
controlled by actuated penstocks at the lock and under the bunded causeway. This system<br />
will force one-way flow around the lake in a clockwise direction (refer Attachment 4).<br />
The primary purpose of the lake, and reason why the lake is proposed to be approximately<br />
5m deep, is to source fill so that the proposed development has adequate freeboard to<br />
flooding both now and under future climate change conditions.<br />
The proposed tidal exchange system does not involve any pumping of water from Bells<br />
Creek or Pumicestone Passage and does not include any outlets to Bells Creek.<br />
WATER QUALITY<br />
Lake Water Quality<br />
A new lake is proposed with a surface area of 14.8 ha in size and a depth of approximately<br />
5m below the mean lake surface level under current climatic conditions (-4.5 m Australian<br />
Height Datum). The primary purpose of the lake and reason why the lake is proposed to be<br />
approximately 5m deep is to source fill so that the proposed development has adequate<br />
freeboard to flooding both now and under future climate change conditions.<br />
It is important to note that Acceptable Solution S35.1 states that an acceptable solution for a<br />
canal, channel and small boat mooring facility is that it has a maximum depth of 6 m. The<br />
proposal is therefore in accordance with this Acceptable Solution. The proposal is also in<br />
accordance with the requirements of Section 11.6.3 of <strong>Council</strong>’s Development Design<br />
Planning Scheme Policy which deals with design requirements for Canals.<br />
The lake itself sits outside of any of the precincts so the conditions need to include a level of<br />
detail appropriate to enable the applicant to go straight to lodging an application for<br />
operational works for the lake, marina and lock and weir infrastructure.<br />
There are two key strategies proposed for maintaining the quality of stormwater within the<br />
proposed lake. Firstly a system is proposed to achieve turnover of the lake water with that of<br />
Lamerough Canal. A lake turn over time of 22 days is proposed which is proposed to result in<br />
an effective lake turnover time of 30 days. The 22 day lake turnover is required to achieve an<br />
effective 30 day lake turnover because the modelling shows that there will be some short<br />
circuiting around the marina basin. This means that rather than lake turnover occurring with<br />
the entire Lamerough Canal a portion of the lake water is recirculated through the system.<br />
Modelling has been performed showing that Lamerough Canal has a 4.5 day turnover with<br />
the Pumicestone Passage.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The second strategy proposed is that all the stormwater from proposed new residential areas<br />
is treated to current best practice prior to discharge to the lake. This strategy treats the lake<br />
as the receiving waters. However, it is unavoidable that the urban stormwater discharges the<br />
remaining pollutants into the lake and the lake provides tertiary treatment of urban<br />
stormwater flows. It is important to note that untreated stormwater from existing urban areas<br />
will enter the lake without receiving any treatment.<br />
A lake water quality investigation has been undertaken by Cardno. This includes a detailed<br />
modelling of the lake system for a number of water quality parameters. In summary, the<br />
median water quality within the lake generally meets the water quality objectives. However,<br />
there are times when some water quality parameters will not meet the water quality<br />
objectives, mainly due to the inflow water quality from the existing Lamerough Canal. The<br />
modelling predicts the following:<br />
• median nutrient concentrations (TP, TN, NO3, NH4) are predicted to meet the water<br />
quality criteria specified in Environmental Protection (Water) Policy 2009<br />
Pumicestone Passage environmental values and water quality objectives;<br />
• salinity concentrations at the lake surface on average are predicted to be fresher than<br />
bed concentrations due to stormwater inflows and the saline turnover system<br />
proposed to discharge beneath the surface layer. Predicted average salinity<br />
concentrations indicate that the lake will be a strongly brackish system the majority of<br />
the site. However following storm events in the local catchment the surface waters<br />
will be quite fresh and the entire lake will be quite fresh following a large storm event<br />
in the local catchment;<br />
• chlorophyll ‘a’ is recognised as a reliable indicator of algal activity. Concentrations of<br />
Chlorophyll ‘a’ are predicted to meet the water quality criteria specified in<br />
Environmental Protection (Water) Policy 2009 Pumicestone Passage environmental<br />
values and water quality objectives at all times;<br />
• average top and bottom water temperatures are predicted to be very similar indicating<br />
that there is not much thermal stratification expected in the system;<br />
• pH levels are predicted to be relatively neutral and slightly more acidic in the bottom<br />
waters than the top waters; and<br />
• dissolved oxygen concentrations, particularly in the bottom waters, are predicted to<br />
be depleted below the water quality criteria following large inflow events however<br />
anoxic conditions are not predicted to occur.<br />
Marina Water Quality<br />
The development involves an extension of the existing Lamerough Canal to include a<br />
proposed marina Basin with a floor level of -5m Australian Height Datum. The marina Basin<br />
is close to the entrance of Lamerough Canal and is well flushed as a result. As long as good<br />
water quality is maintained in the Pumicestone Passage and existing Lamerough Canal then<br />
the marina basin will have good water quality.<br />
Stormwater Quality Treatment<br />
MUSIC modelling has been completed to size the stormwater quality improvement devices<br />
however the location of these devices within the urban footprint has not been undertaken at<br />
this stage. The key component of the stormwater quality treatment system is bioretention<br />
devices with some limited pollutant removal through the use of rainwater tanks and Gross<br />
Pollutant Traps.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
A fundamental problem with the proposed stormwater quality treatment strategy proposed is<br />
that all stormwater which bypasses a rainwater tank is required to pass through a Gross<br />
Pollutant Trap before it enters a bioretention device. For this strategy to be implemented it<br />
means that stormwater needs to be treated in “at source” Gross Pollutant Trap or in “inline”<br />
Gross Pollutant Trap. Either way stormwater needs to enter the piped drainage system<br />
before being treated in a bioretention device. This approach works for sites with some grade<br />
but does not work for sites which are essentially flat and discharge underwater to a lake<br />
system. On flat sites it is not possible to treat stormwater in bioretention devices once the<br />
stormwater is in the piped system. On flat sites stormwater must be treated in “at source”<br />
bioretention devices.<br />
There are a number of errors which have been made when modelling the proposed<br />
stormwater quality treatment train in MUSIC.<br />
The saturated hydraulic conductivity of the filter media has been modelled at 90mm/hr. The<br />
saturated hydraulic conductivity of the filter media which meets the FAWB specification as<br />
required by <strong>Council</strong> is 200mm/hr. The result of using the lower hydraulic conductivity is that<br />
the device treats less stormwater but the stormwater it does treat is treated to a higher<br />
standard. Using the correct filter media saturated hydraulic conductivity the performance of<br />
the bioretention systems is improved and compliance with best practice load based reduction<br />
targets is still achieved.<br />
The second error is that the width of the overflow weir has not been increased to reflect the<br />
lumped approach taken in the modelling. The overflow weir width for a basin with a surface<br />
area of 8000m2 has been modelled with a weir width of 2m. Following the Water by Design<br />
MUSIC Modelling Guidelines the weir width for a basin with a filter media surface area of<br />
8,000m 2 should be 800m.<br />
The third error is that Gross Pollutant Traps are included in the treatment train in locations<br />
where, due to the flat nature of the site, they cannot be incorporated.<br />
The fourth error is that the bioretention devices have been modelled with an extended<br />
detention depth of 0.3 metres. This extended detention depth is suitable for “end of line”<br />
bioretention devices, but is unsuitable for at source devices. Because “at source” devices are<br />
located within the road reserve, the level difference between the top of the filter media and<br />
the top of extended detention needs to be minimised. Previously an extended depth of<br />
150mm has been accepted for at source bioretention devices.<br />
The fifth error is that rainwater reuse has been calculated at 700L per dwelling per day. In<br />
accordance with the Water by Design MUSIC Modelling Guidelines the daily reuse should be<br />
calculated at 205 litres per dwelling per day.<br />
A sixth error which makes the design conservative is that the storage surface area has been<br />
set as the same as the filter media surface area. This is the case where there are vertical<br />
walls associated with the bioretention devices. Generally, at source bioretention devices<br />
have 1:2 batters which means for a typical device that the storage area is 1.4 times greater in<br />
area than the filter media surface area.<br />
With all of these changes the proposed treatment train does not meet current best practice<br />
load based reduction targets for total suspended solids or nitrogen. This is expected as the<br />
bioretention filter media surface are represents only 1.1% of the total catchment area which it<br />
is treating and generally around 1.4% of the catchment area is required as bioretention filter<br />
media. Increasing the bioretention filter media surface area to the equivalent of 1.4% of the<br />
catchment area is required to meet best practice load based reduction targets.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The stormwater quality treatment system for the site will be conditioned to consist of 5KL<br />
rainwater harvesting tanks collecting the roofwater from proposed dwellings with re-use for<br />
internal and external non-potable use. Overflow from the rainwater harvesting tanks and all<br />
other stormwater will then be treated in at source bioretention devices. The at source<br />
bioretention devices shall be sized at 1.4% of the contributing catchment area, have an<br />
extended detention depth of 0.15m, a filter media depth of 0.8m and maximum batter slopes<br />
of 1:2. This stormwater treatment train will result in current best practice load based<br />
reduction targets being met prior to discharge to the proposed lake.<br />
For development types such as medium and high density residential and commercial the<br />
required bioretention devices will be located within the development prior to discharging to<br />
<strong>Council</strong>’s system. For treating stormwater from individual house allotments and road reserve<br />
areas the stormwater quality treatment devices will be <strong>Council</strong> owned assets located in either<br />
the road reserve or areas of drainage reserve.<br />
At this stage of the development assessment process the strategy for stormwater quality<br />
treatment is of most importance. The exact size of required stormwater quality treatment<br />
devices needs to be determined prior to reconfiguration of lot and material change of use<br />
approvals.<br />
The development land use plan and calculated developable areas have been calculated<br />
without consideration of where these stormwater treatment devices will be located or where<br />
overland flowpaths are required in the case of Catchment R.<br />
Overland Flow<br />
The filling of the site, in order to comply with flood immunity requirements, has the potential<br />
to block overland flowpaths from existing residential development of Golden Beach and<br />
Pelican Waters.<br />
The areas designated as Overland Flow on the Development Land Use Plan are assumed to<br />
be drainage reserve and as such suitable for locating bioretention devices. These areas<br />
alone do not appear to be in the correct locations and sizes to provide all of the required<br />
stormwater quality treatment. However, this is detail which is not subject to this application<br />
and adequate room for stormwater treatment and overland flow paths can be been<br />
conditioned.<br />
It will be conditioned that the development does not result in the ponding of stormwater within<br />
existing residential areas surrounding the proposed development. In addition existing<br />
overland flow paths will be conditioned to be maintained with 100 year Average Return<br />
Interval flow capacity provided as overland flow. Piping the overland flow without any relief<br />
overland flow path will not be acceptable. Existing overland flowpaths can be modified as<br />
long as 100 year Average Return Interval capacity is maintained. In complying with these<br />
requirements the development layout proposed on the Development Land Use Plan will need<br />
to be amended. However, it is possible for the development to proceed while meeting these<br />
requirements, but it will lessen the developable area.<br />
Stormwater Quantity<br />
Stormwater quantity is dealt with through construction of the lake system and requiring sizing<br />
the major and minor system such that the system is designed for ultimate flows without<br />
detention. As such, stormwater detention will not need to be incorporated into future<br />
development applications.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
TIDAL PRISM<br />
Cardno have completed a Tidal Prism Review which is primarily based on existing studies<br />
which were undertaken at the time the original Pelican Waters canal system was proposed.<br />
The northern end of the Pumicestone Passage is a dynamic system with the location of sand<br />
banks within the passage and the location of the Caloundra Bar itself moving over time. This<br />
natural variation in the Pumicestone Passage has historically resulted in changes within the<br />
tidal prism within the Pumicestone Passage of 25%. In comparison the increase in tidal prim<br />
associated with both the existing and proposed waterways of Pelican Waters range from<br />
3.6% to 5.6%.<br />
The combined effect of the existing and proposed waterways on tidal velocities at the<br />
Caloundra Bar would be 0.7% for the ebb tide and 0.55% for the flood tide. In reality the<br />
increase in tidal velocity will result in a slight increase in the cross sectional area of the<br />
channel and the increase in tidal velocity at Caloundra Bar would be negligible.<br />
The increase in tidal prism and tidal velocity at the entrance of Lamerough Canal will be of<br />
greater significance than at the Caloundra Bar. In addition, within the existing Lamerough<br />
Canal the channel is enforced so there can be no increase in cross sectional area and<br />
increased velocities will be realised. The increase in tidal prism will however not result in any<br />
scour impacts within the existing Lamerough Canal.<br />
In summary the effects on the Pumicestone Passage due to the increase in tidal prism<br />
resulting from the construction of the additional waterways would be almost negligible and<br />
would be masked by naturally occurring variations in the tidal dynamics of the Pumice<br />
Passage.<br />
CARRYING CAPACITY FOR WATER CRAFT<br />
Given the application seeks to include an 80 Wet Berth marina and a 200 Berth Boat<br />
Stacker, it is reasonable to suggest that as a result of the proposed land uses, the number of<br />
private boats utilising and recreating in the waters of Pumicestone Passage will increase.<br />
Vessel registration data obtained from Maritime Safety Queensland shows that at 30 April<br />
2010, 8,132 vessels were registered in areas with convenient boating access to Pumicestone<br />
Passage. The natural increase of vessel registration is approximately 4.2% per annum. It is<br />
submitted by the applicant that it is estimated that the proposed development may increase<br />
the amount of vessel registrations with convenient access to Pumicestone Passage by<br />
between 5.5% and 7%. It is difficult to measure the actual increase of motor boat usage on<br />
the Pumicestone Passage.<br />
<strong>Council</strong> adopted the Waterways and <strong>Coast</strong>al Management Strategy that details major<br />
deliverables for natural waterways, of which the Pumicestone Passage Catchment is<br />
identified, include the development of Catchment and Estuary Management Plans and the<br />
establishment of marine zones.<br />
It is proposed to commence the development of a catchment and estuary management plan<br />
for the Pumicestone Passage in early 2011. This plan is intended to be a tool that will allow<br />
catchment and passage management issues to be identified and prioritised and suitable<br />
management actions (including costs and timelines) developed for priority issues. The plans<br />
will consider:<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
• Social: The sustainable use of our waterway for both active and passive recreational<br />
and leisure activities and the protection of the cultural and creative significance of<br />
waterways;<br />
• Environment: Protection and improvement of waterway health by addressing diffuse<br />
and point sources of pollution, extent and condition of riparian vegetation, bank<br />
stability and aquatic fauna; and<br />
• Economic: Support for the maintenance and growth of waterway dependent tourism<br />
and commercial industries, including both on-river operations and businesses<br />
adjacent to waterways, which contribute to the <strong>Sunshine</strong> <strong>Coast</strong> economy.<br />
The draft Waterways and <strong>Coast</strong>al Management Strategy 2010 – 2020 recognises that<br />
population growth, and the associated increasing demand for recreational space on our<br />
estuaries, is a key challenge for waterways management. It identifies marine zones as the<br />
most appropriate tool for improving the management and regulation of the activities of<br />
recreational vessels on our estuaries because they complement existing marine regulations.<br />
At <strong>Council</strong>’s Ordinary Meeting held on 6 October 2010, a resolution was passed to<br />
commence the process for establishing marine zones for the Maroochy and Mooloolah River<br />
estuaries, and Pumicestone Passage, in parallel with the development of holistic<br />
management plans for these waterways.<br />
Marine zones restrict certain types of vessels or certain types of activities within specific<br />
areas of a waterway, and if required between certain times. Marine zones can be<br />
established by Queensland Transport, at the request of other government entities, to<br />
regulate on-river activity in order to minimise nuisance, noise and other amenity issues,<br />
address environmental impacts, improve safety and reduce conflict between users.<br />
It is estimated that the establishment of marine zones for these estuaries will take at least 2<br />
years. Currently, there appears to be no justification for restricting or refusing the<br />
development of the marina and boat stacking facility.<br />
ACID SULPHATE SOILS<br />
Investigations have determined that acid sulfate soils are present on the site, and there are<br />
significant environmental risks associated with disturbing acid sulfate soils at this site. It is<br />
acknowledged that future applications will be required to prepare acid sulfate soil<br />
management plans prior to development occurring. For the purpose of this preliminary<br />
approval application the presence of acid sulfate soil on the site is considered to be<br />
manageable and does not represent a constraint to the overall development.<br />
Should this proposal be approved, it is recommended that a condition be included requiring<br />
the preparation of a detailed Acid Sulfate Soils investigation in accordance with the State<br />
Planning Policy SP2/02 and Queensland Acid Sulfate Soils Investigation Team Guidelines,<br />
which achieves the outcomes of SP2/02. A subsequent Acid Sulfate Soils Management Plan<br />
will be required to be submitted which outlines specific management in accordance with<br />
SPP2/02 and the Queensland Acid Sulfate Soil Technical Manual: Soil Management<br />
Guidelines.<br />
Further, the proposed Southern Lakes Pelican Waters Planning Area Code includes a note<br />
under section 2.1 that states:<br />
“All Assessment Tables, Other Development Assessment Tables and Overlay<br />
Assessment Tables identified in the Caloundra City Plan 2004 that are not changed<br />
by this preliminary approval, continue to have an effect over the land”.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
In light of this provision all subsequent development applications will be subject to any<br />
applicable Overlay Code including the Acid Sulfate Soils Overlay Code as provided under the<br />
Caloundra City Plan 2004.<br />
MAINTENANCE PERIOD<br />
An extended on-maintenance period will be required generally, as established for the<br />
Northern Lake development. This period is required to ensure that the proposed systems<br />
complying with minimum expectations of the Water Quality Management Plan. During this<br />
period the applicant will be required to undertake extensive monitoring and any issues that<br />
arise will need to be mitigated by the applicant prior to transfer of the maintenance and<br />
operation of the lake to <strong>Council</strong>.<br />
MANAGEMENT PLANS<br />
The applicant will be require to provide a detailed management plan for both the lake and<br />
canal extension that addresses minimum water quality standards, monitoring and reporting<br />
programs, lake tenure and usage, infrastructure, maintenance, and operational maters,<br />
environmental matters including water quality, water quality monitoring and minimum<br />
standards, incident response and reporting and public education programs.<br />
Bells Creek<br />
BUFFER DISTANCE BETWEEN CONSERVATION ESTATE AND PROPOSED WORKS<br />
Negotiations with the applicant has secured additional buffer to Bells Creek in the form of<br />
parkland. The parkland forms an extension to the existing Jensen Park and increases the<br />
original buffer width along Bells Creek and the associated wetlands from 40 metres to<br />
approximately 100 metres (refer Attachment 8 – Open Space Network).<br />
The Acceptable Solution under <strong>Council</strong>’s Planning Scheme identifies a minimum buffer area<br />
of 100 metres where the waterway supports significant vegetation; otherwise the setback<br />
may be reduced to 40 metres. The buffer area at this location is currently degraded and<br />
conditions have been included that requires revegetation works to improve the riparian<br />
corridor along the banks of Bells Creek.<br />
This increased setback provides an area that could be utilised as a potential offset area as<br />
required by Fisheries Queensland for the loss of marine plants and fish habitat.<br />
REMOVAL OF MARINE PLANTS AND FISH HABITAT<br />
The proposed development will result in the removal of marine plants and fish habitat<br />
comprising of seagrass, mangrove, salt marsh species and salt couch. As such, the<br />
application was referred to Fisheries Queensland as a Concurrence Agency. The<br />
Department require offsets for the loss of marine plants and fish habitats and a Fisheries<br />
Habitat Enhancement Plan to be submitted for comment prior to submission to <strong>Council</strong>.<br />
It is considered that the assessment of the application by the Fisheries Queensland and the<br />
approval to clear marine plants below the Highest Astronomical Tide provides compliance<br />
with regard to the requirement of the relevant rezoning condition.<br />
In a recent discussion, the Fisheries Queensland indicated support for <strong>Council</strong>’s proposal to<br />
increase the vegetated buffer along Bells Creek as proposed above.<br />
As part of any subsequent development application, the applicant will be required to<br />
translocate suitable marine plants and relocate to appropriate substrates within the site.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
CLEARANCE OF TERRESTRIAL VEGETATION ASSOCIATED WITH DEVELOPMENT<br />
The Department of Environment and Resource Management has identified the site as<br />
supporting non remnant vegetation with regard to the Vegetation Management Act 1999, and<br />
not supporting “Regrowth Vegetation”.<br />
However, clearance of some regrowth vegetation will occur with the proposed extension of<br />
Michael Street. This area, adjacent to the existing Jensen Park does support a terrestrial<br />
vegetation community consisting mainly of Acacia, Melaleuca and Casuarina dominated<br />
regrowth with a high level of exotic weed species infestation. This vegetation community<br />
provides both temporary and permanent habitat for a range of birds, mammals and reptiles.<br />
Standard conditions regarding pre clearance and fauna management will apply prior to<br />
clearance of vegetation associated with the development of the site. As part of the<br />
subsequent development applications, the applicant will be required to undertake weed<br />
control, revegetation/rehabilitation of all disturbed areas and undertake extensive amenity<br />
landscaping.<br />
In addition to common amphibian species, the site provides habitat for the Wallum Froglet<br />
(Crinia tinnula) which is listed as Vulnerable under the Nature Conservation Act. However, it<br />
is considered that due to the extensive nature of adjacent suitable Crinia habitat within and in<br />
close proximity to the site that the clearance of vegetation will not represent habitat critical to<br />
the survival of the population.<br />
In an effort to minimise the impact on the species, the applicant will be required to install frog<br />
guidance/exclusion fences, undertake trapping and translocate frog habitat (containing<br />
individuals) and relocate to appropriate areas within the site.<br />
Storm Surge and Flooding<br />
MINIMUM FILL LEVELS<br />
Filling of land below the current and 2100 peak 100 year Average Return Interval storm tide<br />
level is proposed. Filling of land subject to storm tide inundation is treated differently to filling<br />
of land associated with freshwater flooding. When dealing with freshwater flooding any filling<br />
of land in the floodplain results in displacement of floodwaters which has associated impacts.<br />
With storm tide flooding the inundation is caused by raised sea levels due to the low<br />
pressure and wind action over the ocean. Filling of land on the coast does not cause an<br />
increase in storm tide levels elsewhere. Therefore, it is recommended that filling of land<br />
subject to storm tide flooding but not regional freshwater flooding be accepted.<br />
To achieve 0.5 metre freeboard to 100 year Average Return Interval storm tide inundation at<br />
2100 floor levels within the development should be a minimum of 3.25 metres. For detached<br />
house lots building requirements dictate that the slab will generally be 0.3 metre above the<br />
ground surface resulting in the minimum floor level of 3.25 metres Australian Height Datum<br />
being achieved with no filling by the lot owner required if the developer fills the lot to 2.95<br />
metres Australian Height Datum. For medium density, commercial and industrial<br />
development the buildings frequently extend below the ground surface for basement parking<br />
etc and the finished fill level is not as critical as it is for detached house lots. For the medium<br />
density, commercial and industrial uses subsequent Material Change of Use applications will<br />
be required at which time compliance with the minimum floor level can be checked and<br />
enforced. Hence it is recommended that a minimum fill level of 2.95 metres Australian Height<br />
Datum be required for all proposed lots. This applicant proposes to fill the lots to 2.90 metres<br />
Australian Height Datum which falls slightly short of the required fill level.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The revetment wall height is proposed at 1.75 metres Australian Height Datum which is<br />
marginally higher than the Highest Astronomical Tide including climate change at 2100. The<br />
revetment walls are designed to be inundated by local, regional and storm tide flooding. To<br />
achieve the required minimum fill level for building platforms of 2.95 metres Australian Height<br />
Datum, a 1:4 batter extending approximately 5 metres back from the revetment wall is<br />
required. Building platforms at 2.95 metres Australian Height Datum (including allowance of<br />
0.8 metre for Climate Change in accordance with the South East Queensland Climate<br />
Change Management Plan) will be 0.2 metre above the peak 100 year Average Return<br />
Interval storm tide level at 2100, which is the flood event which results in the highest flood<br />
level at the site.<br />
LOCAL FLOODING<br />
In this report local flooding is referred to as the flooding which results from a peak flood event<br />
over the catchment area draining to the new lake. The source of this flooding is local<br />
stormwater discharging into the lake system. The assessment of local flooding does not<br />
consider the potential for increased tailwater levels due to coincident local flooding and a<br />
storm tide event.<br />
The revetment wall height is proposed at 1.75 metres Australian Height Datum. which is<br />
marginally higher than the Highest Astronomical Tide including climate change at 2100. The<br />
weir level is proposed to be 1.65 metres Australian Height Datum. With regard to local<br />
flooding at 2100 and including the drainage capacity of the penstocks the revetment walls will<br />
have a 3 year Average Return Interval immunity to flooding. The local 100 year Average<br />
Return Interval flood level in the lake at 2100 is estimated to be 2.0 metres Australian Height<br />
Datum which is substantially less than the 100 year Average Return Interval storm tide level<br />
at 2100.<br />
REGIONAL FLOODING<br />
In this report regional flooding is referred to as the flooding which results from a peak flood<br />
event over the Bells Creek catchment area. The assessment of regional flooding does not<br />
consider the potential for increased tailwater levels due to coincident regional flooding and a<br />
storm tide event. For the regional flood analysis a tailwater level equal to the Mean High<br />
Water Springs has been used which is equal to 0.58 metre Australian Height Datum which is<br />
substantially less than the 100 year Average Return Interval storm tide level at 2100 of 2.75<br />
metres Australian Height Datum. The peak regional freshwater flood level predicted adjacent<br />
o the site is 1.19 metres Australian Height Datum.<br />
The regional flood analysis considers fresh water flooding only and shows that the proposed<br />
development does not result in any filling of the Bells Creek floodplain during a 100 year<br />
Average Return Interval freshwater flood event. If a coincident storm tide event at 2100 was<br />
considered at the same time as regional freshwater flooding then most of the subject site<br />
would inundated.<br />
STORM TIDE FLOODING<br />
Under current climate conditions the 100 year Average Return Interval storm tide level<br />
(including wave setup) at Golden Beach is 1.95 metres Australian Height Datum. The South<br />
East Queensland Regional Plan (2009-2031), Part D, Section 1.4 states that for land not<br />
already subject to development commitment a sea level rise of 0.8 metre Australian Height<br />
Datum by 2100 needs to be taken into account. The result is that the 100 year Average<br />
Return Interval storm tide level at Golden Beach at 2100 is 2.75 metres Australian Height<br />
Datum based purely on sea level rise. If the frequency and intensity of severe weather<br />
events such as east coast lows and tropical cyclones increases then this storm tide level will<br />
increase further.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The 100 year Average Return Interval storm tide level at 2100 is, therefore, higher than both<br />
local and regional flood levels and is the critical event at the site.<br />
BRIBIE ISLAND BREAKTHROUGH<br />
Based on the results of the tidal prism review the proposed development will not result in an<br />
increase in the likelihood of a breakthrough in Bribie Island.<br />
<strong>Council</strong> has previously commissioned Aurecon to undertake a Risk Assessment Bribe Island<br />
Breakthrough Analysis. A number of risks have been identified for Golden Beach as a result<br />
of a breakthrough with the main one being increased tidal range and potentially increased<br />
shoreline erosion. Sea level rise and storm surge impacts at the proposed development are<br />
largely independent of a breakthrough on Bribie Island. The proposed development does not<br />
directly front the Pumicestone Passage and is proposed to be set back from Bells Creek so<br />
shoreline erosion is not critical in terms of its impact on the proposed development. In<br />
summary a breakthrough in Bribie Island will have little impact on the proposed development.<br />
Open Space and Community Facility considerations<br />
The Social Policy Branch has considered the open space and social infrastructure needs for<br />
Pelican Waters.<br />
Open Space Network<br />
The Open Space Strategy has identified a shortfall of sports grounds in the Pelican Waters<br />
locality and requires the provision of a district sportsground. The current Planning Scheme<br />
Policy requires an open space contribution of 10 hectares (approximately 5 ha for playing<br />
fields). In addition to this, the Caloundra South Planning Area Code requires 2 Village Parks,<br />
1 Neighbourhood Park with playing fields, and 1 Neighbourhood Park for the subject land.<br />
Negotiations with the developer have established agreement on open space provisions, as<br />
shown Attachment 8 – Open Space Network and a sporting fields contribution of $4,367,864<br />
in lieu of land.<br />
Community Facilities<br />
The Draft Social Infrastructure Strategy has confirmed the need for a community facility in<br />
the town centre of Pelican Waters. The community facility located within the town centre<br />
would encourage and strengthen the community hub within Pelican Waters.<br />
The Desired Standards of Service for social infrastructure recommends the provision of a<br />
local community centre (size approximately 6,000m 2 ) and a district community centre (size<br />
approximately 10,000m 2 ). Planning Scheme Policy No.11.24 requires 6,000m 2 of land or a<br />
community facility, which would be of an acceptable size. The applicant has agreed to the<br />
provision of 6,000m 2 land for community facilities to be provided within the Business District<br />
Precinct and will form an obligation contained within the infrastructure agreement.<br />
Traffic and Transport considerations<br />
Road Network<br />
EXTERNAL MAJOR ROAD NETWORK<br />
Vehicle movements between the external major road network and the proposed development<br />
are expected to mostly occur via Pelican Waters Boulevard to the Caloundra Road / Nicklin<br />
Way intersection, for travel to/from places further north and west, and via Pelican Waters<br />
Boulevard - Landsborough Parade - Park Place, for travel to/from Golden Beach and the<br />
Central Caloundra area.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The scale of proposed development on the subject site is no greater than that envisaged by<br />
Caloundra City Plan. Consequently, the subject development has been allowed for in<br />
determining the trunk road infrastructure requirements and related financial contributions<br />
payable by development as part of Planning Scheme Policy No. 11.22 (Infrastructure<br />
Contributions for Road Network Infrastructure) 2009. Road projects nominated in Planning<br />
Scheme Policy No. 11.22 in the general area south of Caloundra Road that development<br />
(including the proposed development) is required to contribute towards include:<br />
• Baldwin Street (Bowman Road to North Street) - four lanes;<br />
• Burke Street (Blaxland Street to Pelican Waters Boulevard) - two lane extension;<br />
• North Street (Park Place to Baldwin Street) - road capacity improvements;<br />
• North Street (Baldwin Street to Pelican Waters Boulevard) - two lane extension; and<br />
• Landsborough Parade (Golden Beach) - intersection improvements.<br />
The actual financial contributions payable by the applicant towards projects on the major<br />
road network will be determined under the <strong>Council</strong> infrastructure contributions policy current<br />
at the time each stage of the development is carried out.<br />
INTERNAL MAJOR STREET SYSTEM<br />
A number of major streets, operating as trunk collector streets, are proposed to provide for<br />
connectivity through the site and connectivity with adjacent development. The internal trunk<br />
collector street system consists of the following three main links:<br />
• A north-south trunk collector street through the proposed business centre precinct in<br />
the eastern part of the site, connecting to Pelican Waters Boulevard and Michael<br />
Street;<br />
• An east-west trunk collector street through the multi-unit residential precinct in the<br />
middle of the site, connecting to the proposed north-south trunk collector street in the<br />
proposed business centre precinct to the east and Bledisloe Boulevard (via the<br />
existing New Holland Drive) to the west. The applicant had proposed a rather<br />
circuitous and ambiguous route for this street; however, to improve legibility and<br />
reduce the potential for lower-order streets in the development to be utilised by<br />
through vehicle movements, a more direct route through the multi-unit residential<br />
precinct is recommended. This route would connect with the north-south trunk<br />
collector street in the middle of the business centre precinct and run along the<br />
northern side of the proposed village park; and<br />
• An east-west trunk collector street through the low density residential precinct along<br />
the southern boundary of the site, connecting to the proposed north-south trunk<br />
collector street near the eastern end of the site and directly to the end of the existing<br />
Bledisloe Boulevard at the western end of the site. The applicant had proposed this<br />
route pass to the south of the existing rural lot on the site's southern boundary;<br />
however, some of the south-east corner of the rural lot would be required to achieve<br />
this connection and avoid the adjacent marine park. Since the rural lot does not form<br />
part of the application, a trunk collector street is not able to be provided at this<br />
location. Subsequently, it is recommended the trunk collector route be required to<br />
pass through and generally along the southern boundary of the subject site, but to the<br />
north of the rural lot.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The above trunk collector streets are generally proposed to incorporate on-street bicycle<br />
lanes and on-street parking. Development will mostly have frontage to trunk collector streets;<br />
however, it is preferred that vehicle access is obtained via side streets or rear lanes. A<br />
shared path to cater for off-road bicycle movements is also proposed along each trunk<br />
collector street, with a foot path provided on the other verge.<br />
Provision of the local street system within the various residential and business precincts will<br />
be the subject of future development applications. It will be important for the local street<br />
network to be designed such that it does not provide a more direct route for vehicles than the<br />
proposed major collector street network, whilst still maintaining permeability for pedestrians<br />
and cyclists.<br />
MICHAEL STREET AND ANNING AVENUE<br />
To improve local connectivity, provide a legible street network and to help integrate the<br />
proposed development into the surrounding area, it is proposed that a street connection be<br />
provided to the existing residential area to the east of the site via Michael Street. The street<br />
connection also allows convenient access for existing residents to access the services<br />
available in the proposed business centre precinct. Moreover, the connection permits more<br />
efficient public transport services to be provided through proposed and existing residential<br />
areas in Pelican Waters and Golden Beach by reducing the need for inefficient bus route<br />
loops into dead-end areas.<br />
Michael Street has a wide reserve and an existing wide carriageway and is, therefore, the<br />
appropriate street with which to connect. Given its straight alignment and increase in traffic<br />
as a result of the development, the applicant should undertake works to help manage vehicle<br />
speeds while recognising its use as a bus route. Moreover, managing vehicle speeds will<br />
also encourage more traffic generated by the proposed development to utilise Pelican<br />
Waters Boulevard to travel to Landsborough Parade, rather than Michael Street and Anning<br />
Avenue. Subsequently, it is recommended roundabouts be constructed at the Carmel Street<br />
and Beryl Street intersections along Michael Street.<br />
Anning Avenue connects Michael Street with Landsborough Parade. It services a much<br />
larger existing residential area than Michael Street and therefore the proportional increase in<br />
traffic on Anning Avenue as a result of the proposed development is less. Nevertheless,<br />
given the straight and wide nature of Anning Avenue, it is considered reasonable the<br />
applicant should make some works contribution towards the management of speeds along it.<br />
Subsequently, it is recommended roundabouts be constructed at the Michael Street and<br />
Verdon Street intersections along Anning Avenue.<br />
Public Transport Network<br />
Bus routes through the site are able to be provided on the proposed trunk collector streets<br />
and generally allow for most development to be located within 400 metres walking distance<br />
of a bus stop. Provision of the proposed trunk collector streets will also facilitate more<br />
efficient bus routes to serve existing development in Pelican Waters and Golden Beach. Bus<br />
stop facilities would be required to be provided within the site as development occurs.<br />
Pedestrian and Cycle Network<br />
Comments on the general pedestrian and cycle network have been provided in the road<br />
network section of this Report. The following matters are additional, specific, infrastructure<br />
items recommended to service the development.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Pedestrian Bridges<br />
The Planning Scheme emphasises the importance of permeable street networks and high<br />
quality pedestrian and cycle links between major nodes to encourage pedestrian and cyclist<br />
use. The proposed lake creates a significant barrier to pedestrian and cyclist movement<br />
through this community. The applicant has agreed to the provision of two pedestrian/cycle<br />
bridges across the lake in order to improve pedestrian/cycle permeability.<br />
Walkable Waterfront<br />
The extent of the walkable waterfront extends from the existing Pelican Waters shopping<br />
centre and tavern past the proposed marina and around approximately half of the central<br />
island. The inclusion of the two pedestrian/cycle bridges further improves the circulation of<br />
the network and provides safe and convenient access to central island, town centre and<br />
coastal path for the greater Pelican Waters and Golden Beach (Diamond Head) community.<br />
<strong>Coast</strong>al Path<br />
The Pelican Waters development is the southern extent of the former Caloundra <strong>Council</strong>’s<br />
coastal path network. The development of this land will complete the network from Pelican<br />
Waters to the northern end of Golden Beach.<br />
The applicant proposes an extension of the coastal path network from the recently approved<br />
Boronia Grove layout terminating at the south western corner of Lot 431 CG 2549. The<br />
applicant indicates the recommencement of the pathway from the south eastern corner of Lot<br />
431 CG 2549 through to the existing path network at Jensen Park, thus resulting in an<br />
uncompleted section adjacent to the southern boundary of Lot 431 CG 2549.<br />
This outcome is unacceptable as the coastal path would be complete but for approximately<br />
400 metres to adjacent land currently zoned rural. The construction of the pathway is<br />
possible as there is an existing road reserve within which the pathway is to be located. The<br />
minimum expectation is that the applicant complete this coastal pathway and be credited the<br />
full cost of these works against their general contributions for pathways in accordance with<br />
<strong>Council</strong>’s adopted Policy.<br />
The applicant has proposed a connection to a “nature walk” within the Jensen Park<br />
extension, this proposal is not supported due to Crime Prevention through Environmental<br />
Design concerns, maintenance issues and increased exposure to biting insects. A<br />
boardwalk section over the channel along the alignment of the existing causeway crossing is<br />
acceptable. With regard to impact on mapped vegetation, the applicant has submitted that<br />
the coastal path will be aligned within the proposed east west collector road reserve.<br />
Water and Sewerage considerations<br />
Unitywater have assessed the proposal and provided conditions for inclusion in the<br />
development permit, should the proposal be supported.<br />
Conditions relate to the provision of reticulated water and sewerage being provided in<br />
accordance with the Water Supply and Sewerage Infrastructure Assessment dated 11<br />
August 2010 prepared by Cardno Pty Ltd. There are also requirements for a number of<br />
pump stations to be upgraded based on sewerage inflow loading reaching predetermined<br />
Equivalent Person (EP) counts.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
OVERLAYS/SPECIAL MANAGEMENT AREAS<br />
Notwithstanding this application being for a preliminary approval only, the proposal generally<br />
satisfies all of the applicable Overlay Codes. The proposed Southern Lakes Pelican Waters<br />
Planning Area Code does not override the applicability of the Overlay Codes as contained in<br />
the Caloundra City Plan 2004, rather there applicability is re-enforced by section 2.1 of the<br />
proposed Code.<br />
Applicable Codes<br />
The application generally complies with the applicable codes of the relevant planning<br />
scheme with the exception of:<br />
Code<br />
Caloundra South<br />
Planning Area Code<br />
Discussion<br />
Caloundra South Planning Area Code to be overridden by the<br />
proposed Southern Lakes Pelican Waters Planning Area Code.<br />
The proposed code includes the relevant planning and land use<br />
outcomes expressed in the Caloundra South Planning Area Code,<br />
including :<br />
• ultimate populations;<br />
• provision of canals, lakes and boat mooring facilities;<br />
• pedestrian and bicycle networks;<br />
• focus on water and water related uses;<br />
• subdivision relates to the configuration canals and lakes;<br />
• retention of riparian buffers; and<br />
• open space networks;<br />
The proposed code has been assessed and is generally supported<br />
subject to amendments outlined in Condition 1.<br />
REFERRALS<br />
Internal Referrals<br />
The application was forwarded to the following internal specialists:<br />
• Infrastructure;<br />
• Hydrology;<br />
• Urban Design;<br />
• Unitywater;<br />
• Traffic and Transport;<br />
• Environment;<br />
• Landscaping;<br />
• Strategic Planning;<br />
• Waterways, <strong>Coast</strong>al and Catchment;<br />
• <strong>Coast</strong>al and Canals; and<br />
• Corporate Property.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Their assessment forms part of this report.<br />
External Referrals<br />
REFERRAL AGENCIES<br />
The following Referral Agencies are applicable to this application.<br />
Concurrence<br />
Department of Environment and Resource Management - Department of Environment and<br />
Resource Management:<br />
• <strong>Coast</strong>al management district;<br />
• S3.1.6 Preliminary Approval is sought and the lot contains mapped native vegetation.<br />
The Department has raised no objection to the proposal and has recommended a number of<br />
conditions be included should the application be approved relating to maintaining the natural<br />
coastal management district associated with Bells Creek and clearing remnant vegetation.<br />
Department of Transport and Main Roads:<br />
• development impacting on the provision of public passenger transport, and<br />
thresholds;<br />
• development impacting on railway safety and efficiency, and thresholds; and<br />
• thresholds for development not contiguous to State-controlled roads.<br />
The Department has raised no objection to the proposal and has recommended a number of<br />
conditions be included should the application be approved relating to impact on State<br />
controlled roads, taxi facility, road hierarchy, bicycle parking and end of trip facilities,<br />
pedestrian and bicycle pathways and public passenger transport (bus stop infrastructure).<br />
Department of Employment, Economic Development and Innovation (Fisheries Queensland):<br />
• removal, destruction or damage of a marine plant.<br />
The Department has recommended a number of conditions be included should the<br />
application be approved relating to minimum buffer distances to Bells Creek and offsets for<br />
the loss of marine plants and fish habitats.<br />
Advice<br />
Department of Environment and Resource Management:<br />
• Acid Sulfate Solis;<br />
• within 100m of a wetland; and<br />
• within 100m of a marine park.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The Department has recommended a number of conditions be included should the<br />
application be approved relating to Acid Sulfate Soil Management, preservation of wetlands<br />
and buffers to Bells Creek.<br />
Department of Infrastructure and Planning:<br />
• development for which preliminary approval is sought under the IPA s3.1.6.<br />
The Department has made recommendations relating to centres hierarchy, walkability,<br />
reduction in private vehicle usage, reclamation levels, revetment wall levels and effects of<br />
climate change.<br />
Third Party Advice<br />
• Maritime Safety Queensland.<br />
No objection in principle to the proposal.<br />
SUBMISSIONS<br />
The application was publicly notified from 18 August 2010 to 30 September 2010 in<br />
accordance with requirements of the Integrated Planning Act 1997. 162 properly made<br />
submissions and 6 not properly made submissions were received.<br />
GROUNDS OF SUBMISSIONS<br />
The following table identifies the main issues raised by submitters with a complete and<br />
detailed review of the submissions contained within Attachment 12.<br />
Issues<br />
Proposed density is<br />
not comparable, and<br />
does not integrate<br />
with, the surrounding<br />
community. The<br />
character and amenity<br />
of the proposed<br />
development is<br />
significantly different<br />
to that of existing<br />
neighbourhoods.<br />
Increase in traffic<br />
volumes to the<br />
existing street<br />
network. This includes<br />
Comments<br />
Caloundra City Plan 2004 requires new communities to be<br />
well integrated with existing communities. The proposed<br />
density of development adjacent to the established<br />
residential area of Golden Beach (Diamond Head) does not<br />
integrate with the built form character of the existing<br />
community, given that lot sizes are down to one quarter of<br />
the size of the adjoining established residential area.<br />
The developer is required, however, pursuant to section 8 of<br />
the South East Queensland Regional Plan to develop to a<br />
minimum dwelling density target of 15 dwelling<br />
units/hectare. The application meets this minimum density<br />
requirement.<br />
In order to allow for greater integration between proposed<br />
and existing communities but still meet density<br />
requirements, a lower density and building height will be<br />
required near existing residential development (in particular<br />
those residences on Harbourlights Way, Maryann Street and<br />
Theresa Street).<br />
The scale of proposed development on the subject site is<br />
not greater than that envisaged by Caloundra City Plan<br />
2004. Consequently, the design of the major streets<br />
adjacent to the site have taken into account this future<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Issues<br />
increase in volumes at<br />
the only two access<br />
points into Pelican<br />
Waters: Pelican<br />
Waters Boulevard and<br />
Landsborough<br />
Parade. Increased<br />
traffic volumes leads<br />
to a loss of amenity.<br />
The location of higher<br />
densities and mixed<br />
use development to<br />
the south of Pelican<br />
Waters will result in<br />
residents, customers<br />
and workers travelling<br />
through the existing<br />
road network to this<br />
destination. This<br />
causes an increase in<br />
traffic to the existing<br />
residential area.<br />
It is understood that<br />
the Diamond Head<br />
residential community<br />
has a lower flood plain<br />
compared to its<br />
surroundings.<br />
Increased pressure on<br />
the Pumicestone<br />
Passage, Bells Creek<br />
catchment and<br />
Ramsar wetland<br />
(increased run-off,<br />
siltation, pollution).<br />
The increase in boat<br />
activity within the<br />
Pumicestone Passage<br />
Comments<br />
development. Most external traffic from the site is expected<br />
to use Pelican Waters Boulevard to access Caloundra Road<br />
and Nicklin Way. It is acknowledged additional traffic will<br />
use Landsborough Parade - Park Place, which will increase<br />
congestion, particularly at the northern end near Bowman<br />
Road. <strong>Council</strong>'s road infrastructure contributions policies<br />
include provision for future road upgrades south of Bowman<br />
Road to help accommodate and distribute future traffic<br />
volumes.<br />
The scale of proposed development on the subject site is<br />
not greater than that envisaged by Caloundra City Plan<br />
2004. Existing street connections to the subject site have<br />
been planned with sufficient width to accommodate the<br />
additional development proposed. Some speed control<br />
measures are recommended to be installed on Michael<br />
Street and Anning Avenue in Golden Beach to contribute<br />
towards managing speed on these streets.<br />
The filling of the site in order to comply with flood immunity<br />
requirements has the potential to block overland flowpaths<br />
from existing residential development of Golden Beach and<br />
Pelican Waters. In the event that the proposal is supported,<br />
the development will be conditioned such that it does not<br />
result in the ponding of stormwater within existing residential<br />
areas surrounding the proposed development. In addition<br />
existing overland flow paths will be conditioned to be<br />
maintained with 100 year Average Return Interval flow<br />
capacity provided as overland flow. Piping the overland flow<br />
without any relief overland flow path will not be acceptable.<br />
By conditioning the development in this way flooding within<br />
existing areas of Pelican Waters and Golden Beach will not<br />
be worsened.<br />
<strong>Council</strong>’s Hydrology Engineer has reviewed the application<br />
and concluded that the effects on the Pumicestone Passage<br />
due to the increase in tidal prism resulting from the<br />
construction of the additional waterways would be almost<br />
negligible and would be masked by naturally occurring<br />
variations in the tidal dynamics of the Pumicestone<br />
Passage. In addition, stormwater will be treated in<br />
accordance with <strong>Council</strong>’s policies before discharge.<br />
It is acknowledged that there will be a natural increase in the<br />
boats which will use the passage. As discussed in this<br />
report, <strong>Council</strong> is adopting strategies and management<br />
plans in order to preserve and enhance the Pumicestone<br />
Passage.<br />
It is estimated that the proposed development may increase<br />
the amount of vessel registrations with convenient access to<br />
Pumicestone Passage by between 5.5% and 7%.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Issues<br />
will lead to congestion<br />
of the waterways,<br />
increased pressure on<br />
navigable channels<br />
and fish stocks,<br />
deterioration of the<br />
water quality and<br />
destruction of the<br />
foreshore.<br />
Development results<br />
in significant loss of<br />
vegetation.<br />
Comments<br />
<strong>Council</strong> is in the process of endorsing strategies and<br />
management plans in order to preserve the Passage, as<br />
discussed within this report.<br />
DERM have identified a linear band of vegetation on the<br />
most south eastern extremity of the site as Regional<br />
Ecosystem of least concern on Qld EPA Regional<br />
Ecosystem Map dated 15 December 2009. This area of<br />
mapped vegetation is located adjacent to the approved<br />
Boronia Grove stage of development which is currently<br />
under construction.<br />
In regard to the subject application, no vegetation classified<br />
under Qld EPA Regional Ecosystem Mapping as either<br />
"remant vegetation" or worthy of "regrowth vegetation<br />
classification" is proposed to be cleared as part of the<br />
proposed development.<br />
Clearance of some vegetation will occur with the proposed<br />
extension of Michael Street; however this vegetation is not<br />
recognised under EPA Regional Ecosystem mapping. This<br />
area, adjacent to the existing Jensen Park does support a<br />
terrestrial vegetation community with a high level of exotic<br />
weed species infestation. This vegetation community does<br />
provide both temporary and permanent habitat for a range of<br />
birds, mammals and reptiles. In the event that the proposal<br />
be approved, standard conditions regarding pre clearance<br />
and fauna management will apply to the clearance of<br />
vegetation associated with the development if the site. As<br />
part of the subsequent development applications, the<br />
applicant will be required to undertake weed control,<br />
revegetation /rehabilitation of all disturbed areas and<br />
extensive amenity landscaping.<br />
It is noted that no vegetation will be cleared from the Bells<br />
Creek foreshore.<br />
Removal of the<br />
mangroves and<br />
marine vegetation in<br />
the area of waterway<br />
parallel to Carmel<br />
Street.<br />
Vegetation including mangroves is expected to be removed<br />
associated with the proposed extension of Michael Street.<br />
The application was referred to the Department of<br />
Employment, Economic Development and Innovation<br />
(Fisheries Queensland) as a Concurrence Agency with<br />
regard to these matters. On 18 October 2010, <strong>Council</strong><br />
received a response whereby conditional approval was<br />
provided for the removal of marine plants.<br />
It is recommended that a condition be included requiring no<br />
net loss of wetland habitat. Offsets are required at a ratio of<br />
2:1 for the loss of marine plants.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Issues<br />
The cumulative impact<br />
of the development of<br />
Pelican Waters<br />
Southern Lakes,<br />
Bellvista 2 and<br />
Caloundra South on<br />
the Passage has not<br />
been explored.<br />
Comments<br />
The development site forms part of the lower Lamerough<br />
Creek Catchment. The site does not discharge to Bells<br />
Creek. The receiving waters for Lamerough Creek in the<br />
Pumicestone Passage downstream of Bells Creek. The<br />
Pumicestone Passage & Bribie Island are identified as<br />
significant coastal wetlands under pressure from<br />
development on land and activities on the water.<br />
The cumulative impacts of development within the<br />
catchment are two fold. First, the risk land based<br />
development poses to water quality within the passage.<br />
Second, the pressure that additional populations place on<br />
the Passage for recreational activities.<br />
The risk that land based development poses to water quality<br />
objectives within the Passage can be managed through the<br />
development and implementation of two key strategies:<br />
1. Urban water quality management strategy; and<br />
2. Lake and Tidal Waterway management strategy<br />
The urban water quality management strategy involves a<br />
fully integrated system of stormwater quality improvement<br />
devices that regulate the quality of major flows to the legal<br />
point of discharge, being the proposed lake. The lake does<br />
not form part of the treatment train, although some treatment<br />
is inevitable, hence the water quality objectives for the lake<br />
are the same as the Environmental Protection (Water)<br />
Policy 2009, water quality objectives for the Pumicestone<br />
Passage.<br />
The lake and tidal waterway management plans establish<br />
minimum water quality standards, require on-going<br />
monitoring, identify emergency procedures for problems and<br />
requires rectification and solutions if any problems do occur.<br />
The implementation of these strategies work together to<br />
minimise the risk of adverse environmental harm as a result<br />
of this development.<br />
These strategies do not eliminate the risk of adverse<br />
environmental harm, however these strategies significantly<br />
reduce the likelihood of an event occurring, the extent of<br />
harm is an event occurs and significantly improve <strong>Council</strong>’s<br />
ability to respond to an event.<br />
These strategies when developed will need to consider the<br />
cumulative affect of established development with the<br />
catchment. To measure the potential cumulative impact,<br />
including Caloundra South at this stage would be impossible<br />
because of the lack of density, design and engineering detail<br />
available on Caloundra South.<br />
Concerns are raised<br />
as to the extent of<br />
The subject land is envisaged to be developed pursuant to<br />
the Caloundra City Plan 2004. Filling will be conducted in<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
filling.<br />
Issues<br />
Filling of flood prone<br />
land is in contrary to<br />
<strong>Council</strong>’s Growth<br />
Management Position<br />
Paper.<br />
The proposal conflicts<br />
with State Planning<br />
Policy 1/03 which<br />
requires that filling of a<br />
floodplain only occurs<br />
where there is an<br />
overriding need for the<br />
development in the<br />
public interest and no<br />
other site is suitable<br />
and reasonable<br />
available.<br />
Comments<br />
accordance with Caloundra City Plan 2004 and associated<br />
policies. Overland flow paths will be conditioned so that the<br />
development does not result in the ponding of stormwater<br />
within existing residential areas surrounding the proposed<br />
development.<br />
Besides the areas of man made channels on the subject site<br />
no filling of land below the peak 100 year Average Return<br />
Interval freshwater flood level in Bells Creek is proposed.<br />
Filling of land below the current 100 year Average Return<br />
Interval storm tide level is proposed. Filling of land subject<br />
to storm tide inundation is treated differently to filling of land<br />
associated with freshwater flooding. When dealing with<br />
freshwater flooding any filling of land in the floodplain results<br />
in displacement of floodwaters which has associated<br />
impacts. With storm tide flooding the inundation is caused<br />
by raised sea levels due to the low pressure and wind action<br />
over the ocean. Filling of land subject to storm tide<br />
inundation does not cause an increase in storm tide levels<br />
elsewhere. Therefore it is recommended that filling of land<br />
subject to storm tide flooding but not regional freshwater<br />
flooding be accepted.<br />
This interpretation of SPP 1/03 differs from that of <strong>Council</strong>.<br />
SPP 1/03 does not state that filling of floodplains only occurs<br />
where there is an overriding need for the development in the<br />
public interest and no other site is suitable and reasonable<br />
available. Rather the SPP states that within the floodplain<br />
that development is compatible with the nature of the<br />
hazard. The development has been assessed as being<br />
compatible with the nature of the hazard.<br />
Besides the areas of man made channels on the subject site<br />
no filling of land below the peak 100 year Average Return<br />
Interval freshwater flood level in Bells Creek is proposed.<br />
Filling of land below the current 100 year Average Return<br />
Interval storm tide level is proposed. Filling of land subject<br />
to storm tide inundation is treated differently to filling of land<br />
associated with freshwater flooding. When dealing with<br />
freshwater flooding any filling of land in the floodplain results<br />
in displacement of floodwaters which has associated<br />
impacts. With storm tide flooding the inundation is caused<br />
by raised sea levels due to the low pressure and wind action<br />
over the ocean. Filling of land subject to storm tide<br />
inundation does not cause an increase in storm tide levels<br />
elsewhere. Therefore it is recommended that filling of land<br />
subject to storm tide flooding but not regional freshwater<br />
flooding be accepted.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
CONCLUSION<br />
The Caloundra City Plan 2004 envisaged that the developer of this land would lodge a<br />
Preliminary Approval application over this land. The application lodged is generally<br />
consistent with the land use, built form and density outcomes sought for this land under the<br />
Caloundra City Plan 2004. The Rezoning Approval from 1996 and the Planning Scheme and<br />
associated Policy establish the obligations to provide particular infrastructure including, but<br />
not limited to, open space and community facilities.<br />
The Caloundra City Plan 2004, also envisages that there may be an extension to the<br />
waterbodies through this area.<br />
This report has been structured to provide <strong>Council</strong> confidence that the potential financial<br />
risks can adequately be addressed by an Infrastructure Agreement and that the potential<br />
risks to the environment, associated with the form of development proposed can be<br />
adequately managed, such that the development is unlikely to impact on the Pumicestone<br />
Passage catchment.<br />
Due to the number of the amenity outcomes that require variation from <strong>Council</strong>’s established<br />
Policy and the major infrastructure considerations that are critical to the determination of the<br />
application, it will be necessary to establish an Infrastructure Agreement with the applicant<br />
prior to the determination of the application. <strong>Council</strong> previously considered the infrastructure<br />
matters on 17 November 2010 at the Ordinary <strong>Council</strong> Meeting in a closed session, whereby<br />
<strong>Council</strong> established a position in terms of the expected minimum infrastructure requirements<br />
that are to be agreed to and contained within an Infrastructure Agreement prior to the<br />
application being decided. Negotiations with the developer have established agreement on<br />
all of the items, these include:<br />
• Open Space and Playing Fields;<br />
• Community Facilities;<br />
• Waterways Maintenance and Operational Contribution;<br />
• Pedestrian and Cycle Network; and<br />
• Walkable Waterfront.<br />
This approach is recommended to provide the applicant and <strong>Council</strong> with certainty moving<br />
forward with the drafting and eventual signing of the infrastructure agreement.<br />
The proposed concept submitted by the applicant is generally consistent with the Planning<br />
Scheme intent for this area and <strong>Council</strong> Officers recommend approving the proposal, subject<br />
to the conditions contained in Appendix A.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
APPENDIX A - CONDITIONS OF APPROVAL<br />
PLANNING<br />
1. Any subsequent development permit applications associated with this Preliminary<br />
Approval must be in accordance with the Southern Lakes Pelican Waters Planning<br />
Area Code (prepared by ML design and dated August 2010) included as Attachment<br />
10, subject to the following amendments:<br />
Section of<br />
Amendment<br />
Preliminary<br />
Approval<br />
Document<br />
1.3.2 Amend - Heading to remove reference to Classes of Use Definitions;<br />
1.3.3 Amend - definition of Plan of Development to insert the following<br />
elements for Proposed Development –<br />
Deep planting areas;<br />
• Minimum front, side and rear setbacks.<br />
1.3.3 Delete - reference to Development Density Plan and the definition and<br />
insert –<br />
Density Monitoring Plan – In order to track the development density<br />
through the assessment process, a Density Monitoring Plan will be<br />
prepared by the developer and submitted to <strong>Council</strong> with all subsequent<br />
Reconfiguring a Lot applications and Material Change of Use<br />
applications where the density varies from the Density Monitoring Plan<br />
lodged with the relevant Reconfiguring a Lot applications.<br />
The Density Monitoring Plan is to identify but not limited to the following<br />
measurables –<br />
• Staging Plan for each Precinct Plan and overall Preliminary Approval<br />
Area;<br />
• Stage area;<br />
• Number of residential lots;<br />
• Proposed residential density range for Multiple Dwelling sites;<br />
• Estimated number of Multiple Dwelling Units (range);<br />
• Stage density (dwellings per hectare);<br />
• Precinct area developed;<br />
• Total number of dwellings within Precinct;<br />
• Precinct density(dwellings per hectare);<br />
• Preliminary Approval area developed;<br />
• Total number of dwellings within Preliminary Approval Area;<br />
• Overall density (dwellings per hectare).<br />
Density is based on a ‘net density’ calculation as per the South East<br />
Queensland Regional Plan. The stage areas includes the area of<br />
residential lots plus the area of local roads and parks.<br />
Table 2.2(a)<br />
Amend - the criteria (Development Activity) for Reconfiguring a Lot<br />
proposals subject to Impact Assessment to state:<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Creating Lots by Subdividing Another Lot where not complying with<br />
the minimum lot sizes specified in:<br />
(a) s3.4.3 Specific Outcomes for development in the – District<br />
Business Centre Precinct; and<br />
(b) s3.4.4 Specific Outcomes for development in the – Multi Unit<br />
Precinct<br />
AND<br />
(c) where located in the Low Density Residential Precinct which<br />
involves the resubdivision of an existing allotment less than<br />
1,000m 2<br />
Table 2.2(a)<br />
Amend - the Applicable Codes required where Dividing Land into Parts<br />
by Agreement to state:<br />
• Reconfiguring a Lot Code;<br />
• Parking and Access Code;<br />
• Civil Works Code;<br />
• Stormwater Management Code;<br />
• Landscaping Code;<br />
• Design for Safety Code;<br />
• Nuisance Code.<br />
Table 2.3(b) Main Street Sub-Precinct –<br />
Amend -Land uses specifically identified in the Business and<br />
Commercial Use Class where within an existing building must be<br />
capable of Code Assessment where not located in an existing building.<br />
Delete - reference under Residential Uses Class to those uses that are<br />
commercial in nature and provide appropriate provisions within the<br />
relevant part of the Code to require mixed use outcomes within this<br />
precinct.<br />
Insert - additional heading “Community Use Class” and list Emergency<br />
Services and Educational Establishment as Defined Uses and the<br />
applicable assessment level and applicable codes.<br />
Amend - the Applicable Codes required for Residential Use Class to<br />
insert the following additional codes:<br />
• Parking and Access Code;<br />
• Landscaping Code;<br />
Table 2.3(b) Waterfront Sub-Precinct -<br />
Amend - Land uses specifically identified in the Business and<br />
Commercial Use Class where within an existing building must be<br />
capable of Code Assessment where not located in an existing building.<br />
Delete - reference under Residential Uses Class to those uses that are<br />
commercial in nature and provide appropriate provisions within the<br />
relevant part of the Code to require mixed use outcomes within this<br />
precinct.<br />
Amend - Amend table to cater for Market as a Defined Use under<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
“Business and Commercial Use Class”. (Section 3.2.1 indicates an intent<br />
for a Market to be established within this sub-precinct.)<br />
Amend - The land area on the western side of the main street shall be<br />
incorporated into the Main Street Sub-Precinct.<br />
Table 2.3(b) Lock Quarter Sub-Precinct -<br />
Amend - Land uses specifically identified in the Business and<br />
Commercial Use Class where within an existing building must be<br />
capable of Code Assessment where not located in an existing building.<br />
Delete - reference under Residential Uses Class to those uses that are<br />
commercial in nature and provide appropriate provisions within the<br />
relevant part of the Code to require mixed use outcomes within this<br />
precinct.<br />
Table 2.3(b) Fringe Residential Sub-Precinct –<br />
Amend - the following Defined Uses to state:-<br />
Dwelling House on a lot with a frontage less than 10 metres and<br />
less than 300m 2<br />
- where in accordance with an approved Plan of Development (approved<br />
as part of Reconfiguring a Lot) and complying with the Acceptable<br />
Solutions S18.1 – S28.1 as contained in the Southern Lakes Pelican<br />
Waters Area Code – Self Assessable;<br />
Dwelling House on a lot 300m 2 – 650m 2<br />
- where in accordance with an approved Plan of Development (approved<br />
as part of Reconfiguring a Lot) and complying with the Acceptable<br />
Solutions S29.1 – S42.1 as contained in the Southern Lakes Pelican<br />
Waters Area Code – Self Assessable;<br />
Duplex Dwelling on lot less than 600m 2<br />
- where in accordance with an approved Plan of Development (approved<br />
as part of Reconfiguring a Lot) and complying with the Acceptable<br />
Solutions s43.1 – S48.1 as contained in the Southern Lakes Pelican<br />
Waters Area Code – Self Assessable;<br />
Duplex Dwelling on lot less than 600m 2<br />
- where not in accordance with an approved Plan of Development<br />
(approved as part of Reconfiguring a Lot) and/or not complying with the<br />
Acceptable Solutions S43.1 – S48.1 as contained in the Southern Lakes<br />
Pelican Waters Area Code – Code Assessable;<br />
Amend - table and Specific Outcomes to cater for small scaled<br />
commercial uses at ground floor as expressed in section 3.2.1.<br />
Table 2.3(b) Boats Landing Sub-Precinct -<br />
Amend - Under the Business and Commercial Use Class, Showrooms<br />
are not supported and are to be Impact Assessable. <strong>Council</strong> supports<br />
the provision of marine related commercial activities in this sub-precinct<br />
and would support an amendment to the Code that reflected this intent.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Amend - Map 7A to identify the location of the Service Station and Car<br />
Wash as stated in the Table of Development.<br />
Amend - the Residential Use Class Defined Uses within the Table of<br />
Development to be consistent with the changes required to the Fringe<br />
Residential Sub-Precinct as listed above.<br />
Amend - Emergency Services to be a Code Assessable Use.<br />
Table 2.3(c) Multi Unit Precinct -<br />
Amend - the Residential Use Class Defined Uses within the Table of<br />
Development to be consistent with the changes required to the Fringe<br />
Residential Sub-Precinct as listed above.<br />
Amend - Child Care Centres as being Code Assessable.<br />
Table 2.3(d) Low Density Residential Precinct -<br />
Amend - the Residential Use Class Defined Uses within the Table of<br />
Development to be consistent with the changes required to the Fringe<br />
Residential Sub-Precinct as listed above.<br />
Delete - reference to Dwelling House with a frontage less than 10m and<br />
less than 300m 2 ; where located within the Transitional Residential Sub-<br />
Precinct only.<br />
2.4 Operational Works – (Where placing an Advertising Device on Premises)<br />
– Level of Assessment Table.<br />
Delete - Level of Assessment Table. The level of assessment for<br />
Advertising Devices shall be determined in accordance with Table 4.2.3<br />
(d) Operational Work (where placing an advertising Devices on<br />
Premises) Development Assessment Table, of the Caloundra City Plan<br />
2004. The Precincts as defined in the Preliminary Approval document<br />
will apply to equivalent Precincts as defined in Table 4.2.3 (d).<br />
General<br />
General requirements in regard to Tables of Development<br />
Amend - In Precincts and Sub-Precincts where Home Based Business<br />
are supported the table of development shall indicate Home Based<br />
Business are self assessable where complying with Acceptable<br />
Solutions under section 8.8 Home Based Business Code of the<br />
Caloundra City Plan 2004, otherwise Code Assessable.<br />
Delete - within the relevant Precincts and Sub-Precincts reference to the<br />
Duplex Dwelling Use Code as an applicable code for the assessment of<br />
Duplex Dwelling applications.<br />
Insert - Local Utility as a Defined Use under “Other Use Class” and<br />
identified as exempt development in all Precincts and Sub-Precincts.<br />
3.3.1 amend - to indicate that parts of the Caloundra City Plan 2004 continue<br />
to apply given many Codes from the Caloundra City Plan 2004 are<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
incorporated into the Southern Lakes Pelican Waters Planning Area<br />
Code.<br />
3.3.3 Amend - all necessary Maps and Figures where required by conditions<br />
of this Approval.<br />
3.4.1<br />
O2<br />
insert – a clause stating:<br />
(c) development occurs in accordance with Caloundra City’s Business<br />
Centre hierarchy, where Pelican Waters is developed as a district<br />
business centre.<br />
S2.1 delete - Business and Commercial Use Class activities and list the<br />
specific land uses that are to be catered for within the 7,000m 2 .<br />
O3<br />
delete and insert – a clause stating:<br />
An overall minimum net residential density of 15 dwellings per hectare<br />
(15 du/ha) is to be achieved. Note: Net density is calculation as per the<br />
South East Queensland Regional Plan.<br />
The following residential density ranges are provided within each<br />
precinct:-<br />
• District Business Centre Precinct 25 – 36 du/ha;<br />
• Multi Unit Precinct 20 – 32 du/ha<br />
• Low Density Residential Precinct 12 – 22 du/ha.<br />
S3.1 delete and insert – a clause stating:<br />
The maximum number of dwelling units within the Southern Lakes<br />
Pelican Waters Planning Area does not exceed 2,100 dwellings.<br />
S3.2 insert – a clause stating:<br />
With each stage of reconfiguration the developer is to provide a Density<br />
Monitoring Plan that demonstrates achievement of the Specific<br />
Outcome.<br />
S3.3 insert - a clause stating:<br />
Development on individual sites and within stages must comply with the<br />
approved Density Monitoring Plan.<br />
O4<br />
Amend - The development of new residential and commercial areas<br />
shall make provision for public transport services that provide future<br />
residents with easy pedestrian access to a bus stop.<br />
S4.1 Insert – the following clause:<br />
and designed and constructed in accordance with <strong>Council</strong> and the<br />
Department of Transport and Main Roads adopted standards.<br />
Open Space<br />
Network O5<br />
– O9<br />
Amend - to reflect the agreed outcomes for the open space network<br />
specified in the Infrastructure Agreement.<br />
Insert – a clause stating:<br />
Bio pods and pump stations are to be located clear of open space areas<br />
and should not compromise the design, function or appearance of open<br />
space areas.<br />
S11.1 Insert – a clause stating:<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The minimum width of shared pathways (pedestrian and cycle) is 3<br />
metres.<br />
S15<br />
Insert – a clause stating:<br />
the minimum level for top of revetment walls being R.L 1.75 metres<br />
Australian Height Datum.<br />
S17.1 Amend - to indicate a minimum width for rear lane access of 6.5 metres.<br />
Additional<br />
Heading to<br />
be included<br />
and<br />
applicable to<br />
all Precincts:-<br />
“Waste and<br />
Refuse<br />
Management<br />
”<br />
O18<br />
Include a Specific Outcome that requires each commercial and Multiple<br />
Dwelling development to prepare a Waste Minimisation Strategy to<br />
address construction and operational aspects of development.<br />
Delete.<br />
S19.1 Amend –<br />
• item (a) to indicate a minimum front living setback - 4.5 metres.<br />
• item (b) to indicate articulation zone – 3m to 4.5m.<br />
• item (c) to indicate the front secondary setback (i.e. corner lots) is<br />
not less than 3 metres.<br />
Insert –<br />
• Front Secondary Articulation Zone – 2 to 3m.<br />
• Front Setback to Garage – 5.5 metres.<br />
Delete - third dot point under ‘built to boundary walls’ that limits extent of<br />
development to maximum continuous length of 13m.<br />
Amend - fourth dot point under ‘built to boundary walls’ to state –<br />
Buildings exceeding 8m in length must provide a space within the<br />
building footprint of a minimum of 2m x 2m for natural light, ventilation<br />
and articulation.<br />
S19.3 Amend - item (c) to state –<br />
Secondary dwellings shall not exceed the building envelop area<br />
contained below, with the exception mention in item (a) above, and<br />
combined with the garage does not exceed two storeys.<br />
Amend - the Note to state –<br />
Where a ‘self contained’ (kitchenette and bathroom) secondary dwelling<br />
is proposed, the area of the secondary dwelling and any related carport<br />
(open structure on minimum two sides) is excluded from individual site<br />
coverage calculations.<br />
S25.1 insert - item (h) to state –<br />
Garage doors to be located a minimum distance of 5.5 metres from the<br />
property frontage.<br />
O30<br />
Delete<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
S31.1 Amend - the minimum front primary and front secondary building<br />
setbacks for dwelling houses between 300m 2 and 650m 2 are to be in<br />
accordance with the amendments to S19.1 listed above.<br />
S31.3 Amend - where dwellings are not built to a boundary wall, the side<br />
boundary setbacks are to be in accordance with the Queensland<br />
Development Code.<br />
O32 Insert – an additional Specific Outcome –<br />
Garages do not dominate the streetscape with the Acceptable Solution<br />
being that garages do not exceed 50% of the site frontage.<br />
O36<br />
Delete - item (a) and (c)<br />
S36.1 Delete - item (a) and (c)<br />
O41<br />
O42<br />
Delete<br />
Delete<br />
S44.1 .............. Amend - the minimum front primary and front secondary building<br />
setbacks for duplex dwelling on lots less than 600m 2 are to be in<br />
accordance with the amendments to S19.1 listed above.<br />
Amend - The side boundary setbacks are to be in accordance with the<br />
Queensland Development Code.<br />
S44.2 Amend - the site coverage at ground and first storey to 50%.<br />
O49<br />
Insert- a Specific Outcome and Probable Solutions that address the<br />
requirement for mixed use development within the Main Street, Lock<br />
Quarter and Waterfront Sub-Precincts.<br />
Insert - an additional Specific Outcome related to marina development,<br />
which requires:<br />
• the provision of sewerage pump out and storage facilities with any<br />
development; and<br />
• that the construction of any marina must not impeded the<br />
continuity or safety of the walkable waterfront.<br />
S52.1 Amend - item (a) to require glass or openings to comprise a minimum<br />
70% total front elevation for mixed use ground floor uses.<br />
S56.1 Amend - bicycle parking rates for all commercial uses to be provided at<br />
the rate of 1 space per 100m 2 of Gross Floor Area.<br />
Insert - an additional Specific Outcome and Probable Solutions that<br />
requires development to provide end of trip facilities that encourages the<br />
end user to utilise alternative transport modes, particularly cycling and<br />
walking. (Example rates are 1 cubicle up to 500m 2 GFA, 2 cubicles up<br />
to 1000m 2 GFA, 4 cubicles up to 3000m 2 GFA and 1 employee locker<br />
per 2 bicycle parking spaces).<br />
S64.1 Insert - a requirement that the biting insect buffer is to be clear of<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
vegetation and is not to involve the clearing of existing vegetation that<br />
forms part of the established buffer to Bells Creek.<br />
S65.1 Insert - Item(f) to state –<br />
that the alignment of the proposed coastal pathway within this Precinct is<br />
to be approved by <strong>Council</strong>.<br />
Maps –<br />
General<br />
Amend - all relevant Maps as follows:<br />
• The Road Network is to be shown in accordance with Drawing<br />
Number PW-01 and PW-02, Revision B, attached to this approval;<br />
• The Open Space and Community Facilities are to be shown in<br />
accordance with Drawing Number PW-03, Revision A, attached to<br />
this approval;<br />
• The pedestrian and cycle network is to be amended in accordance<br />
with Drawing Number PW-04, Revision A, attached to this approval;<br />
• The Transitional Residential Sub-Precinct located in the north-east<br />
portion of the subject site is to be replaced with Low Density<br />
Residential Precinct;<br />
• The Main Street Sub-Precinct is to be extended to include that part<br />
of the Waterfront Sub-Precinct located immediately north and<br />
adjacent to the proposed Main Street Sub-Precinct;<br />
• Amend Map 7B to reflect maximum building height for focal tower 30<br />
metres.<br />
INFRASTRUCTURE AGREEMENT<br />
2. The developer shall, prior to the date of sealing by the <strong>Council</strong> of the plan of<br />
subdivision for the relevant stage, provide to the <strong>Council</strong> the obligations, in<br />
accordance with the Infrastructure Agreement in respect of the provision of<br />
community infrastructure between Pelican Waters Heart Pty Ltd and the <strong>Council</strong> as<br />
executed.<br />
CIVIL ENGINEERING AND GENERAL<br />
3. All earthworks must be undertaken in accordance with the provisions of AS 3798<br />
(“Guidelines on Earthworks for Commercial and Residential Developments), with<br />
Geotechnical testing undertaken in accordance with Section 8 of the Standard, and to<br />
a minimum of “Level 1” as defined in Appendix B. Prior to registration of any plan of<br />
survey, a report must be submitted to <strong>Council</strong> from the Geotechnical Testing<br />
Authority detailing the inspections, sampling and testing it has carried out (including<br />
the locations and results thereof), and certifying that the earthworks comply with the<br />
requirements of this approval and the approved drawings (including bulk earthworks<br />
carried out prior to the approval of any lot reconfiguration);<br />
4. The development must comply with outcome 1 of the SPP2/02 1 ;<br />
5. With each application for subdivision associated with this Preliminary Approval the<br />
applicant is to submit an Acid Sulfate Soil investigation in accordance with the<br />
SPP2/02 Guideline 2 , with reference to the Guidelines for Sampling and Analysis of<br />
Lowland Acid Sulfate Soils in Queensland 1998 and the Queensland Acid Sulfate Soil<br />
Technical Manual: Soil Management Guidelines;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
6. Based on the results of the Acid Sulfate Soil investigation required by the above<br />
condition, formulate an Acid Sulfate Soil Environmental Management Plan (ASS EM<br />
Plan) consistent with Appendix 4 of the SPP2/02 Guideline and the Management<br />
Principles of the Latest Version of the Queensland Acid Sulfate Soils Technical<br />
Manual: Soil Management Guidelines;<br />
7. The development must comply with the Acid Sulfate Soil Environmental Management<br />
Plan required to be submitted by this approval;<br />
1<br />
State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils.<br />
2<br />
State Planning Policy 2/02 Guideline: Acid Sulfate Soils<br />
8. Prior to approval of each lot reconfiguration stage or operational works for bulk<br />
earthworks (whichever is sooner), the amount of fill material, source of fill and any<br />
proposed haulage route must be nominated for that stage of development;<br />
9. All roads and frontage works within each stage must be surveyed, designed and<br />
constructed in accordance with the relevant provisions of “Queensland Streets” and<br />
<strong>Council</strong>’s Development Design Planning Scheme Policy and in accordance with the<br />
specific requirements of this approval, including the following:<br />
• Compliance with the cross-sectional requirements for Trunk Collector Roads as<br />
per Drawings PW-01 and PW-02, attached to this approval;<br />
• Minimum requirements for a collector street include a road reserve of 16.0 metres<br />
wide with a 7.5 metre wide carriageway;<br />
• Minimum requirements for a residential access street/access place include a road<br />
reserve of 14.0 metres wide with a 5.5 metre wide carriageway;<br />
• The geometric design of the road system must ensure that the need for on<br />
carriageway speed control devices is limited;<br />
• Provision must be made for on-street visitor parking (indented bays where<br />
necessary), driveway access, pedestrian paths and stormwater treatment<br />
devices, as well as the full range of underground services within the proposed<br />
road reserves. Where necessary, additional road reserve area and/or<br />
carriageway width, in addition to the minimum specified, must be provided to<br />
achieve required clearances to services and ensure vehicle manoeuvring into<br />
driveways clear of on-street parking spaces;<br />
• Provision must be made for on-road cycle lanes on all trunk collector roads and<br />
higher order roads;<br />
10. On-street parking must be provided for all lots, in accordance with the requirements<br />
of Queensland Streets. In particular, indented bays (where necessary) must be<br />
provided clear of turning areas to serve lots adjacent to the end of each Access<br />
Place;<br />
11. Following filling of the site to achieve required minimum levels, resulting road<br />
pavement levels must comply with the maximum road flow depths set out in<br />
Queensland Urban Drainage Manual in the event that the proposed lake system is in<br />
flood and/or a Q100 storm surge event occurs, whilst providing access to allotments<br />
(where permitted) in accordance with <strong>Council</strong>’s standard verge profiles;<br />
12. Where proposed lots are located adjacent to bio-retention basins or other<br />
infrastructure, resulting in constrained lot frontage, an access driveway location must<br />
be nominated on lot reconfiguration proposal plans. Where an access driveway<br />
location is nominated for a lot frontage, no future alternative access will be permitted<br />
for that lot frontage;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
13. Street lighting installations on roads within the development and along external road<br />
frontages of the development must be designed and erected in accordance with the<br />
<strong>Council</strong>’s “Development Design Planning Scheme Policy”. Particular attention must<br />
be paid to the location of street lighting at the new intersections with the existing road<br />
network;<br />
14. Pathways must be designed and constructed in accordance with <strong>Council</strong>’s<br />
“Development Design Planning Scheme Policy” and in the locations designated in the<br />
Preliminary Approval Document. Unless specifically nominated to be a greater width,<br />
pathways designated on the Plan as “pedestrian and cycle way” must be constructed<br />
to a minimum width of 2.5m, and other pathways designated on the Plan as<br />
“pedestrian path” must be constructed to a minimum width of 1.5m. In addition to<br />
paths nominated on the approved Plan, all residential collector streets must be<br />
provided with a “pedestrian path” on at least one verge, while higher order roads must<br />
be provided with a “pedestrian and cycle way” on one verge and a “pedestrian path”<br />
on the other verge;<br />
ACCESS<br />
15. No direct vehicle access is permitted between proposed lots and the north-south<br />
Trunk Collector Road through the District Business Centre Precinct between Point B<br />
and Point F on Drawing Number PW 01, Rev. B;<br />
16. No direct vehicle access is permitted between proposed lots and the east-west Trunk<br />
Collector Road through the Low Density Residential Precinct, Multi Unit Residential<br />
Precinct and District Business Centre Precinct between Point N and Point D on<br />
Drawing Number PW 01, Rev. B;<br />
17. No direct vehicle access is permitted between proposed lots and New Holland Drive<br />
from Bledisloe Boulevard up to Point N on Drawing Number PW 01, Rev. B;<br />
18. No direct vehicle access is permitted between proposed lots and the constructed<br />
section of Bledisloe Boulevard north of Sovereign Circuit;<br />
ROADWORKS<br />
19. External roadworks and the Trunk Collector Road network through the site must be<br />
provided in accordance with the requirements and timing contained in Schedule 1 of<br />
the Infrastructure Agreement in respect of the provision of community infrastructure<br />
between Pelican Waters Heart Pty Ltd and the <strong>Council</strong> as executed and Drawing<br />
Number PW-01 and PW-02;<br />
20. Minimum 17m wide road reserve located to the south of the trunk collector directly<br />
opposite to the pedestrian/cycle bridge that crosses the southern loop of the lake to<br />
allow for potential future link to the coastal pathway network;<br />
INTERNAL STREET NETWORK<br />
21. The local network of collector streets and access streets to provide access<br />
throughout the proposed Low Density Residential Precinct, Multi Unit Residential<br />
Precinct and District Business Centre must be laid out in a way such that it does not<br />
provide a shorter vehicle travel distance through the site between any points on the<br />
Trunk Collector Road network (inclusive of Bledisloe Boulevard) than the Trunk<br />
Collector Road network itself;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
EXTERNAL PATHWAYS<br />
22. At the time an extension of Sydney Avenue into the subject site is constructed, a<br />
concrete footpath, at least 2 metres wide, must be constructed on the southern side<br />
of the existing section of Sydney Avenue from the site to Bledisloe Boulevard,<br />
connecting with the pedestrian opening in the splitter island on the southern side of<br />
the Bledisloe Boulevard / Sydney Avenue intersection;<br />
23. At the time a western extension of Michael Street into the subject site is constructed,<br />
a concrete shared footpath must be constructed along one side of Michael Street<br />
from Carmel Street to Anning Avenue.<br />
PUBLIC TRANSPORT<br />
24. Bus stops (in each direction) must be provided on Trunk Collector Roads such that all<br />
proposed development on the proposed island and all proposed development in the<br />
Low Density Development Precinct south of New Holland Drive, Michael Street and<br />
the proposed island is located within 400 metres of a bus stop.<br />
25. Where bus stops are provided, indented bus bays must be constructed or parking<br />
lanes must be widened such that they are a minimum width of 3 metres. The road<br />
reserve adjacent to bus stops must be widened to accommodate the bus bays or<br />
widened parking lanes such that there is no reduction in the adjacent verge width,<br />
bicycle lane width or traffic lane width.<br />
LAKE MANAGEMENT PLAN AND TIDAL WATERWAY MANAGEMENT PLAN<br />
26. With the application for the first stage of subdivision associated with this Preliminary<br />
Approval, the applicant is to submit a Lake Management Plan and a Tidal Waterway<br />
Management Plan for the approval of <strong>Council</strong>. Each of these plans is to address the<br />
following matters:<br />
(a)<br />
Lake Management Plan:<br />
(i) Background;<br />
(ii) Lake Tenure and Usage -<br />
• Lake ownership details<br />
• Lake owner’s responsibility;<br />
• Permitted use of craft;<br />
• Prohibited uses and practices;<br />
• Concessions;<br />
• Abutting public land;<br />
• Access to lock;<br />
• Height restrictions;<br />
• Quay line plan;<br />
• Lease information;<br />
• Pontoons, Jetties, Boat ramps and decks – Design, tenure and<br />
use controls;<br />
(iii) <strong>Council</strong> Works on private land abutting lake -<br />
• Responsibilities of landowners adjacent lake;<br />
• <strong>Council</strong>’s ability to enter land to undertake works to maintain,<br />
repair and/or replace the lake or infrastructure associated with<br />
the lake;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
• Charging related landowner for works undertaken by <strong>Council</strong><br />
on behalf of the landowner.<br />
(iv) Community Consultation and public education;<br />
(v) Infrastructure associated with the lake;<br />
(vi) Environmental -<br />
• Water Quality objectives;<br />
• Water Quality Monitoring Program including sampling site<br />
locations, frequency etc;<br />
• Incident response and reporting;<br />
(vii) Maintenance Manual for lake and related infrastructure;<br />
(viii) Design Details:-<br />
• A summary of the design data and assumptions used for the<br />
hydrological study;<br />
• A summary of the design flows, tidal exchange and predicted<br />
operating water levels and variations;<br />
• Summary hydraulic calculations for the design of all inlet and<br />
outlet structures;<br />
• A summary of the design pollutant loadings and modelling<br />
assumptions used to derive the design pollutant loadings;<br />
• A summary of the design performance criteria;<br />
• A summary of the predicted water quality outcomes.<br />
(b)<br />
Tidal Waterway Management Plan:<br />
(i) Background;<br />
(ii) Waterway Tenure and Usage -<br />
• Waterway ownership details<br />
• Waterway owner’s responsibility;<br />
• Permitted use of craft;<br />
• Prohibited uses and practices;<br />
• Concessions;<br />
• Abutting public land;<br />
• Access to public pontoons;<br />
• Height restrictions;<br />
• Quay line plan;<br />
• Lease information;<br />
• Pontoons, Jetties, Boat ramps and decks – Design, tenure and<br />
use controls;<br />
(iii) <strong>Council</strong> Works on private land abutting waterway -<br />
• Responsibilities of landowners adjacent waterway;<br />
• <strong>Council</strong>’s ability to enter land to undertake works to maintain,<br />
repair and/or replace the waterway or infrastructure associated<br />
with the waterway;<br />
• Charging related landowner for works undertaken by <strong>Council</strong><br />
on behalf of the landowner.<br />
(iv) Community Consultation and public education;<br />
(v) Infrastructure associated with the waterway;<br />
(vi) Environmental -<br />
• Water Quality objectives;<br />
• Water Quality Monitoring Program including sampling site<br />
locations, frequency etc;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
(vii)<br />
(viii)<br />
• Protocol for containment of unauthorised spills (i.e. fuel<br />
spills/sewerage pump out spills);<br />
• Incident response and reporting;<br />
Maintenance Manual for waterway and related infrastructure;<br />
Design Details:<br />
• A summary of the design data and assumptions used for the<br />
hydrological study;<br />
• A summary of the design flows, tidal exchange and predicted<br />
operating water levels and variations;<br />
• Summary hydraulic calculations for the design of all inlet and<br />
outlet structures;<br />
• A summary of the design pollutant loadings and modelling<br />
assumptions used to derive the design pollutant loadings;<br />
• A summary of the design performance criteria;<br />
• A summary of the predicted water quality outcomes.<br />
27. The Lake Management Plan and Tidal Waterway Management Plan must be updated<br />
by the developer and approved by <strong>Council</strong> to address the following issues prior to<br />
dedication of each stage of the lake/canal/marina system:<br />
• ‘As constructed’ plans showing relevant details and levels for<br />
all components of the system;<br />
• A summary of water quality test results obtained prior to hand<br />
over to <strong>Council</strong>;<br />
• A brief comparison and discussion of the possible reasons for<br />
any difference between predicted and actual results of the<br />
water quality monitoring along with management<br />
recommendations to mitigate unacceptable results;<br />
• Briefing notes suitable for maintenance personnel sufficient to<br />
satisfy any known Occupational Health and Safety issues<br />
related to the ongoing management of the site;<br />
• A summary checklist, including a timetable, for the routine<br />
inspection and maintenance of all elements of the system.<br />
A summary of staff, plant, minor and special equipment and costing information<br />
associated with the previous operation and maintenance of the system to allow<br />
budget preparation for future management and maintenance to be tailored to levels of<br />
service;<br />
HYDRAULICS AND WATER QUALITY<br />
28. The following minimum development levels will be achieved for the development<br />
associated with this Preliminary Approval:<br />
• Minimum floor level is 3.2 m Australian Height Datum;<br />
• Minimum fill platform level is 2.9 m Australian Height Datum;<br />
• Minimum road centreline level is 2.4 m Australian Height Datum. For<br />
roads with a centre median, the high point on one traffic lane shall<br />
have a minimum level of 2.4m Australian Height Datum;<br />
• Minimum revetment wall level is 1.75 m Australian Height Datum;<br />
• Minimum level of base of filter media in bioretention devices is 1.25 m<br />
Australian Height Datum<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Note that at the time of deciding future development applications future policies which<br />
may be in force and applicable to future development applications over the site such<br />
as the SPP <strong>Coast</strong>al Protection may result in higher minimum development levels.<br />
29. All allotments within the low density residential precinct and multi unit residential<br />
precinct associated with this preliminary approval shall fall at least 1:200 to the road<br />
reserve with the exception of lake front allotments where the embankment slope to<br />
the lake shall not be steeper than 1:6 and the building platform of the allotment shall<br />
fall at least 1:200 to the road reserve;<br />
30. All overland flowpaths from existing residential areas draining through the Preliminary<br />
Approval area shall be maintained such that peak flood levels in existing areas during<br />
peak local and regional 100 year Average Return Interval freshwater flood and<br />
stormtide events do not increase above existing peak flood levels. This requirement<br />
must be demonstrated in the instance of a fully blocked underground drainage<br />
system. With the application for the first stage of subdivision associated with this<br />
Preliminary Approval the applicant is to submit and have endorsed by <strong>Council</strong>’s<br />
delegate a Stormwater Quantity Management Strategy for the entire preliminary<br />
approval area detailing how overland flows from existing residential areas will be<br />
managed;<br />
31. Stormwater from the development associated with this Preliminary Approval must be<br />
treated to current best practice using WSUD treatment devices prior to discharge to<br />
the lake or marina area. With the application for the first stage of subdivision<br />
associated with this Preliminary Approval the applicant is to submit and have<br />
endorsed by <strong>Council</strong>’s delegate a Stormwater Quality Management Strategy for the<br />
entire preliminary approval area;<br />
32. With each application for subdivision associated with this Preliminary Approval the<br />
applicant is to submit a Detailed Stormwater Quantity Management Plan which shall<br />
be in accordance with the Stormwater Quantity Management Strategy for the entire<br />
preliminary approval area. The Detailed Stormwater Quantity Management Plan must<br />
detail all overland flowpaths within the application for subdivision. All overland<br />
flowpaths shall be either drainage reserve or road reserve and designed in<br />
accordance with <strong>Council</strong>’s Development Design Planning Scheme Policy and<br />
Queensland Urban Drainage Manual;<br />
33. With each application for subdivision associated with this Preliminary Approval the<br />
applicant is to submit a Detailed Stormwater Quality Management Plan which shall be<br />
in accordance with the Stormwater Quality Management Strategy for the entire<br />
preliminary approval area. The Detailed Stormwater Quality Management Plan must<br />
demonstrate how WSUD devices designed in accordance with <strong>Council</strong>’s<br />
Development Design Planning Scheme Policy and the latest version of the WSUD<br />
Technical Design Guidelines for South East Queensland (Healthy Waterways<br />
Partnership) to treat stormwater to current best practice prior to discharge to the<br />
lake/canal will be integrated into the development, and how it is intended to effectively<br />
manage stormwater, sediment and other run-off from the site to prevent adverse<br />
impact on wetland values;<br />
34. Stormwater from all business, commercial, industrial and residential use classes with<br />
the exception of display dwelling, dwelling house and duplex shall be treated to<br />
current best practice prior to discharge into <strong>Council</strong>’s stormwater system and shall not<br />
be treated further within <strong>Council</strong>’s stormwater system prior to discharge to the<br />
lake/canal<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
35. The developer shall design and construct the lake, marina, canal extension and its<br />
associated infrastructure in accordance with <strong>Council</strong>’s Development Design Planning<br />
Scheme Policy to:<br />
• ensure regular inflow of saline water from the Pumicestone Passage to the<br />
lake, marina and canal extension; and<br />
• maintain adequate water circulation within the lake using a system generally in<br />
accordance with the Pelican Waters Southern Lake – Lake Water Quality<br />
Investigation (Cardno Lawson and Treloar, August 2010) to produce a<br />
maximum 22 day turnover with the Lamerough Canal under both current<br />
climate and year 2100 considering projected sea level rise of 0.8m; and<br />
• ensure that the water quality of the lake, marina and canal extension<br />
(excluding bottom and near bottom waters) complies with the flowing water<br />
quality criteria:<br />
Environmental Protection (Water) Policy 2009 Pumicestone Passage<br />
environmental values and water quality objectives -<br />
a) turbidity: < 8 NTU<br />
b) suspended solids: < 25 mg/L<br />
c) chlorophyll a: < 8 µg/L<br />
d) total nitrogen: < 450 µg/L<br />
e) Oxidised N: < 15 µg/L<br />
f) ammonia N: < 30 µg/L<br />
g) inorganic N: < 400 µg/L<br />
h) total phosphorous: < 30 µg/L<br />
i) filterable reactive phosphorous: < 10 µg/L<br />
j) dissolved oxygen: 80 – 105% saturation<br />
k) pH: 7.0 – 8.4<br />
l) secchi depth: > 0.5 m<br />
Toxicants in Water and Sediment as per Australian and New Zealand<br />
Water Quality Guidelines (2000) -<br />
m) Aluminium and iron at concentrations to comply with accepted limits<br />
conducive to the protection of estuarine and marine ecosystems and<br />
aluminium and iron at concentrations not prejudicial to human health<br />
Microbiological and Physio-chemical standards as per the National<br />
Health and Medical Research <strong>Council</strong> Guidelines for Managing Risks in<br />
Recreational Water (2008) -<br />
n) Cyanobacteria/algae - Karenia brevis: < 10 cells/mL<br />
o) Intestinal enterocicci: 95 th percentile ≤ 40 organisms per 100 mL.<br />
The above water quality criteria apply with respect to the finished component<br />
of the lake, canal and marina within each stage as well as the ultimate<br />
configuration of the lake, canal and marina.<br />
In the event that the water quality criteria are not being achieved, and the<br />
developer can demonstrate that the criteria is not being achieved due to the<br />
influence of the water quality of in flowing waters from the Lamerough Canal<br />
system, then the water quality criteria shall default to the median water quality<br />
values (the “Default Criteria”) sampled and measured in Lamerough Canal at<br />
the entrance to the Pumicestone Passage at the finish of an incoming tide;<br />
The “Default Criteria” shall only apply during the monitoring period that water<br />
quality within the lake / canal / marina system has been detrimentally affected<br />
by inflowing waters from Lamerough Canal;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
36. The developer shall implement a water quality monitoring program which shall:<br />
a) commence after the first stage of the lake / canal / marina system has<br />
been constructed; and<br />
b) continue until the developer is no longer responsible for the<br />
maintenance of the Southern Lake system; and<br />
c) be designed such that:<br />
i) the parameters that are monitored are those that are relevant<br />
to assessing the requirements specified in Condition 35 and<br />
ii) the permanent monitoring sites include those sites indicated in<br />
the management plan approved by <strong>Council</strong>; and<br />
iii) the number of permanent monitoring sites in addition to those<br />
specified in above includes;<br />
a) two sites minimum for each stage of the lake, canal and<br />
marina; and<br />
b) one site located in Lamerough Canal near the entrance<br />
to the marina; and<br />
c) one site located at the entrance of Lamerough Canal;<br />
iv)<br />
testing is carried out in respect of each monitoring site on a<br />
monthly basis with analysis of results to be provided to <strong>Council</strong>,<br />
including suitably frequent sampling so that several wet periods<br />
are repres4ented in the sampling program, or as otherwise<br />
detailed in approved management plan; and<br />
d) be carried out by a suitably qualified analytical consultant; and<br />
e) be submitted (the water quality monitoring component of the<br />
management plan) to and approved by the <strong>Council</strong> prior to the<br />
commencement of construction of the first stage of the Southern Lake<br />
system; and<br />
f) be amended by the developer if and as necessary in conjunction with<br />
the construction of the subsequent stages of the Southern Lake<br />
system and be approved by the <strong>Council</strong> prior to the commencement of<br />
construction of the subsequent stages of the Southern Lake system by<br />
the developer;<br />
37. The developer shall be responsible for the maintenance of the lake, canal and marina<br />
system and associated infrastructure until:<br />
a) the whole of the lake, canal and marina and associated infrastructure<br />
is completed and been accepted “on maintenance” by <strong>Council</strong>; and<br />
b) the results of the water quality monitoring program demonstrate that<br />
the requirements specified in Condition 35 are being achieved for a<br />
continuous period of 24 months after the completion of the final stage<br />
of the lake system and associated infrastructure<br />
38. While the developer remains responsible for the maintenance of the lake, canal and<br />
marina system (and its associated infrastructure), the developer shall upgrade or<br />
modify the design and construction of the lake, canal, marina and associated<br />
infrastructure to achieve the requirements specified in Condition 35 if the results of<br />
the water quality monitoring program indicate that the requirements specified in<br />
Condition 35 are not being achieved.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
WETLAND<br />
39. There is no net loss of wetland habitat and adverse impacts from development are<br />
avoided. If loss to the wetland or adverse impacts are unavoidable, loss and impacts<br />
are minimised and offsets are provided at a ratio of 2:1. Offsets are to be like for like<br />
(i.e. replacement of equivalent Regional Ecosystem vegetation communities that are<br />
subject to development impacts and removal);<br />
40. The water quality of any waters in and linked to the wetland is maintained and<br />
managed to protect the environmental values of the wetland and the water quality<br />
objectives listed under Schedule 1 of the Environmental Protection (Water) Policy<br />
2009 are achieved;<br />
41. The existing water regime (including surface and groundwater) within and linked to a<br />
wetland is managed to protect existing natural hydrological processes within the<br />
wetland ecosystem. This includes safeguarding natural fluctuations in size and<br />
location of the wetland, and retaining and allowing for regeneration of vegetation;<br />
WATER AND SEWERAGE<br />
42. Reticulated water and sewerage must be provided to each lot in the development to<br />
Unitywater requirements and generally in accordance with the approved findings of<br />
the Water Supply and Sewerage Infrastructure Assessment dated 11 August 2010<br />
prepared by Cardno Pty Ltd;<br />
43. In accordance with the Water Supply and Sewerage Infrastructure Assessment dated<br />
11 August 2010 prepared by Cardno Pty Ltd, the following water and sewerage<br />
infrastructure must be provided at the developer's expense, in accordance with the<br />
nominated timing (where applicable):<br />
• Prior to the sealing of a plan of subdivision for any development within proposed<br />
stage 1, design and construct a 250 millimetre diameter water main from Pelican<br />
Waters Boulevard to Michael Street;<br />
• Sewerage pumping station PW3 must be upgraded prior to the sewerage inflow<br />
loading reaching an EP count of 4538;<br />
• Sewerage pumping station PW6 must be upgraded prior to the sewerage inflow<br />
loading reaching an EP count of 5693;<br />
• Sewerage pumping station PW8 must be upgraded prior to the sewerage inflow<br />
loading reaching an EP count of 1090;<br />
• Prior to the upgrading of sewerage pumping station PW3 (and the associated<br />
release of survey plan), a detailed investigation of the impacts on PW12 must be<br />
provided. Any necessary upgrading works to PW12 must be undertaken by the<br />
developer;<br />
44. Existing sewerage pumping stations PW3, PW6, PW8 and potentially PW12, are to<br />
be upgraded in accordance with the Water Supply and Sewerage Infrastructure<br />
Assessment dated 11 August 2010 prepared by Cardno Pty Ltd and to current<br />
Unitywater standards at the developers expense;<br />
45. Prior to the sealing of the plan of subdivision for each stage, the developer’s<br />
consulting engineer must provide an EP count statement for sewerage pumping<br />
stations PW3, PW6 and PW8 to confirm the upgrading triggers will not be exceeded;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
46. Proposed sewerage pumping stations are to be located in accordance with the Water<br />
Services Association of Australia, Sewerage Pumping Station Code and located on<br />
their own lot, dedicated to Unitywater;<br />
47. All alteration and connections to the Unitywater live water supply and sewer systems<br />
must be undertaken by Unitywater at the developers expense;<br />
48. Earthworks filling operations must be completed to finished surface level prior to any<br />
water and sewer infrastructure being constructed;<br />
49. The fire-fighting demand on Unitywater’s water supply system from the development<br />
must not exceed 15 litres per second;<br />
OPEN SPACE NETWORK STRATEGY<br />
50. With the application for the first stage of subdivision associated with this Preliminary<br />
Approval, the applicant is to submit an Open Space Strategy for the whole of the<br />
Preliminary Approval Area that addresses but is not limited to the following matters:<br />
a) open space network that meets the requirements of the Infrastructure<br />
Agreement and is functional in shape;<br />
b) preliminary landscape concept plans for each of the major park<br />
systems;<br />
i) Central Village Park;<br />
ii) Neighbourhood Park (south western corner of site, adjacent to<br />
Boronia Grove;<br />
iii) Jensen Park extension;<br />
iv) Walkable waterfront and associated parks<br />
c) typical cross-sections for the walkable waterfront;<br />
d) connectivity of the proposed boardwalk / path alignment;<br />
e) revetment wall, retaining wall, bridge abutments and culvert<br />
treatments;<br />
f) timing for the delivery of each piece of Open Space Infrastructure;<br />
g) identify areas where rehabilitation and revegetation is required;<br />
h) provide a rehabilitation and revegetation plan for these areas utilising<br />
locally native species that reflect the pre-clearing regional ecosystem,<br />
with preference given to endemic species;<br />
i) provide a weed management strategy including weed control and plant<br />
maintenance over a minimum three year period;<br />
j) continuation and linkage with existing coastal path network;<br />
Note: In regard to Jensen Park the following design requirements apply:<br />
a) The creation of two zones (passive recreational eastern zone and<br />
active western zone):<br />
Eastern Zone<br />
i) retention and enhancement of existing drain;<br />
ii) deletion of proposed nature walk;<br />
iii) cross sections for proposed pier and timber bridge/boardwalk<br />
at Energex easement linking coastal path;<br />
iv) details of proposed filling and extent of batter profiles /rock<br />
walls within park boundaries.<br />
Western Zone<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
i) location of all infrastructure above 50 year Average Return<br />
Interval flood event level (play equipment, BBQs and shelters,<br />
toilet block, etc, in accordance with <strong>Council</strong>’s relevant Policy).<br />
b) General<br />
i) provision of a report prepared and certified by a biologist or<br />
equivalent that demonstrates to the satisfaction of <strong>Council</strong>’s<br />
Delegate that there are no adverse impacts on the ecological<br />
values and functioning of the wetland areas;<br />
ii) details of proposed filling and extent of batter profiles with park<br />
boundaries / impact on vegetation and wetland;<br />
iii) exclusion of all stormwater treatment devices, sewerage pump<br />
stations and padmount transformers from Trunk parks;<br />
iv) details of coastal pathway;<br />
v) creation of a continuous 25 metre minimum width open space<br />
biting insect buffer strip shall be provided along the sites south<br />
and south eastern interface with the adjacent riparian<br />
vegetation zone. This 25 metre strip shall be made up by<br />
provision of road reserve (pavement and verge), pathway and<br />
open space park. The open space buffer shall be clear of biting<br />
insect harbouring vegetation, with the exception of<br />
mown/slashed grass and street trees approved under<br />
operational works – landscaping;<br />
vi) rehabilitation of the adjacent riparian corridor (vegetation buffer<br />
to Bells Creek) with local native species.<br />
The Open Space Strategy is to be assessed by <strong>Council</strong> and amendments to the<br />
Strategy conditioned as part of the first stage of subdivision.<br />
51. The existing power transmission lines extending from Booker Parade across the tidal<br />
inlet and along the unnamed road adjacent to Bells Creek must be removed and<br />
incorporated with the planned electrical reticulation network for the development area<br />
and undertaken in conjunction with operational works. Relocation works must ensure<br />
connection with the transmission lines crossing Bells Creek is maintained, with all<br />
works to comply with the requirements of the electricity authority. Details of<br />
relocation and reconnection works must be provided as part of the rehabilitation plan<br />
associated with the Open Space Strategy.<br />
MOSQUITO AND BITING INSECTS<br />
52. A continuous 25 metre minimum width open space biting insect buffer strip shall be<br />
provided along the sites south and south eastern interface with the adjacent riparian<br />
vegetation zone. This 25 metre strip shall be made up by provision of road reserve<br />
(pavement and verge), pathway and open space park. The open space buffer shall<br />
be clear of biting insect harbouring vegetation, with the exception of mown/slashed<br />
grass and street trees approved under operational works – landscaping;<br />
53. The layout, design and construction of this development shall be such that the<br />
development minimises the risk to public health from nuisance biting insects. At the<br />
time application is made for subsequent development applications, details shall be<br />
provided for all proposed biting insect mitigation measures which shall include, but<br />
not be limited to the following;<br />
I. biting insect proof screens to be fitted to doors and windows of all<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
residential dwellings;<br />
II. external street and pathway lighting orientated, shielded and designed<br />
such that biting insects within adjacent areas are not attracted by direct<br />
line of sight to the luminaires;<br />
III. appropriate design of stormwater infrastructure such that is not<br />
conducive to mosquito breeding and harbourage;<br />
54. No chemical treatment is to occur on or adjacent to Bells Creek and associated<br />
waterways and wetlands for the purpose of biting insect control.<br />
WASTE MINIMISATION STRATEGY<br />
55. Prior to the registration of the first stage of subdivision, the applicant is required to<br />
prepare a waste minimisation strategy in conjunction with <strong>Council</strong> that addresses:<br />
• Community and business engagement and education;<br />
• Waste minimisation initiatives, (i.e. community gardens in parks, green waste<br />
recycling bin trial, etc.);<br />
• Mutually beneficial recycling collection arrangements for Multi Unit Dwelling<br />
and Commercial sites;<br />
• Education programs to make builders aware of where to source information<br />
and assistance to reduce their construction wastes and their costs.<br />
To help reduce the amount of domestic, construction and commercial waste that<br />
enters land fill sites.<br />
WATER HARVESTING AND RE-USE<br />
56. Prior to the approval of the first stage of subdivision, the applicant is required to<br />
submit for assessment a water harvesting and re-use strategy for public areas (parks<br />
and roads), with the aim of reducing potable water usage in parks for non potable<br />
purposes (ie; irrigation, non-potable components of public toilets).<br />
57. In accordance with the Overall Outcomes of the Caloundra City Plan 2004, all<br />
development, including dwelling houses, multiple dwellings and commercial<br />
development are required to have on-site water harvesting, for internal and external<br />
non-potable use, which will decrease reliance on potable water supply. Details will be<br />
provided with any application for Material Change of Use or Building Work for each<br />
development.<br />
REFERRAL AGENCIES<br />
The referral agencies applicable to this application are:<br />
Referral Trigger<br />
Material Change of use,<br />
if carrying out the<br />
change of use will<br />
involve –<br />
a) operational works<br />
carried out<br />
completely or partly<br />
in a coastal<br />
management district;<br />
Referral<br />
Status<br />
Referral Agency<br />
Concurrence Department of<br />
Environment &<br />
Resource<br />
Management<br />
Referral Address<br />
Ecoaccess Customer<br />
Service Unit<br />
PO Box 15155<br />
CITY EAST QLD 4002<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Referral Trigger<br />
or<br />
b) building work,<br />
carried out<br />
completely or partly<br />
in a coastal<br />
management district,<br />
that is –<br />
(i) the construction of<br />
new premises with a<br />
GFA of at least<br />
1000m²; or<br />
(ii) the enlargement of<br />
the GFA of existing<br />
premises by more<br />
than 1000m²l<br />
Development on land<br />
that—<br />
(a) is for an aspect of<br />
development<br />
identified in schedule<br />
13C; and<br />
(b) is for a purpose<br />
mentioned in<br />
schedule 13C, column<br />
1; and<br />
(c) exceeds the<br />
threshold<br />
mentioned in schedule<br />
13C,<br />
column 2 for the<br />
purpose<br />
Development on land<br />
that—<br />
(a) is for an aspect of<br />
development<br />
identified in schedule<br />
13D; and<br />
(b) is for a purpose<br />
mentioned in<br />
schedule 13D, column<br />
1; and<br />
(c) exceeds the<br />
threshold<br />
mentioned in schedule<br />
13D,<br />
column 2 for the<br />
purpose<br />
Development on land<br />
not contiguous to a<br />
State-controlled road<br />
that –<br />
a) is for an aspect<br />
of development<br />
identified in<br />
schedule 5; and<br />
b) is for a purpose<br />
or purposes<br />
mentioned in<br />
Referral<br />
Status<br />
Referral Agency<br />
Concurrence Department of<br />
Transport and Main<br />
Roads<br />
Concurrence Department of<br />
Transport and Main<br />
Roads<br />
Concurrence Department of<br />
Transport and Main<br />
Roads<br />
Page 93<br />
Referral Address<br />
Principal Manager (Land<br />
use)<br />
Transport Planning Branch<br />
Queensland Transport<br />
GPO Box 213<br />
BRISBANE QLD 4001<br />
Principal Manager (Land<br />
use) Transport Planning<br />
Branch Queensland<br />
Transport<br />
GPO Box 213<br />
BRISBANE QLD 4001<br />
North <strong>Coast</strong> (Gympie)<br />
PO Box 183<br />
GYMPIE 4570
Strategy and Planning Committee Agenda 16 February 2011<br />
Referral Trigger<br />
schedule 5,<br />
column I; and<br />
c) exceeds the<br />
threshold, or<br />
combined<br />
threshold, in<br />
schedule 5,<br />
column 2 or 3<br />
for the purpose<br />
or purposes<br />
Material change of use<br />
of a lot that is 2 ha or<br />
larger, if –<br />
a) for development for<br />
which a preliminary<br />
approval is sought<br />
under the Act,<br />
section 3.1.6, the lot<br />
contains either –<br />
i) native vegetation<br />
shown on a regional<br />
ecosystem map or<br />
remnant map as<br />
remnant vegetation<br />
Removal, Destruction or<br />
Damage of a Marine<br />
Plant<br />
Excavating more than<br />
1000 cubic metres of<br />
soil at or below 5m<br />
Australian Height Datum<br />
and filling with 1000<br />
cubic metres with an<br />
average depth of .5 on<br />
land, soil or sediment at<br />
or below 5m Australian<br />
Height Datum><br />
Material Change of Use,<br />
other than for a<br />
domestic activity, if any<br />
part of the lot is situated<br />
in, or within 100m of a<br />
wetland<br />
Material change of use<br />
for urban purposes if<br />
any part of the lot is<br />
situated in, or within<br />
100m of, any of the<br />
following-<br />
(a) a protected<br />
area, forest reserve,<br />
critical habitat or area of<br />
major interest under the<br />
Nature Conservation<br />
Act 1992;<br />
(b) a State forest or<br />
Referral<br />
Status<br />
Referral Agency<br />
Concurrence Department of<br />
Environment &<br />
Resource<br />
Management<br />
Concurrence Department of<br />
Employment,<br />
Economic<br />
Development &<br />
Innovation<br />
Advice Department of<br />
Environment &<br />
Resource<br />
Management<br />
Advice Department of<br />
Environment &<br />
Resource<br />
Management<br />
Advice Department of<br />
Environment &<br />
Resource<br />
Management<br />
Page 94<br />
Referral Address<br />
PO Box 573<br />
NAMBOUR 4560<br />
ATTENTION: Jeff Guinea<br />
Southern Fisheries Centre<br />
PO Box 76, Deception Bay<br />
Q 4508<br />
PO Box 573<br />
NAMBOUR 4560<br />
ATTENTION: Jeff Guinea<br />
Ecoaccess Customer<br />
Service Unit<br />
P O Box 15155<br />
CITY EAST QLD 4002<br />
Ecoaccess<br />
Customer Service Unit<br />
P O Box 15155<br />
CITY EAST QLD 4002
Strategy and Planning Committee Agenda 16 February 2011<br />
Referral Trigger<br />
timber reserve under<br />
the Forestry Act 1959;<br />
(c) a marine park<br />
under the Marine Parks<br />
Act 2004;<br />
(d) a recreation<br />
area under the<br />
Recreation Areas<br />
Management Act 2006;<br />
(e) a world heritage<br />
area listed under the<br />
World Heritage<br />
Convention;<br />
(f) Brisbane Forest<br />
Park under the Brisbane<br />
Forest Park Act 1977<br />
Development for which<br />
preliminary approval is<br />
sought under the IPA<br />
s3.1.6<br />
Referral<br />
Status<br />
Referral Agency<br />
Advice Dept of<br />
Infrastructure and<br />
Planning<br />
Referral Address<br />
Level 4, 63 George Street<br />
PO Box 15009<br />
City East QLD 4002<br />
A copy of any referral agency conditions is attached.<br />
ADVISORY NOTES<br />
a) The applicable commercial rates for leases over land owned by <strong>Council</strong> or held in<br />
trust by <strong>Council</strong> (including the lake and marina) are as determined by <strong>Council</strong>.<br />
b) The balance of the area referred to in Condition A10 (Lot 959 on SP 235737) of the<br />
Combined Rezoning and Subdivision (<strong>Council</strong> File No. 550-002-000/040824) must be<br />
transferred to <strong>Council</strong>, prior to registration of the 200 th lot within the Southern Lakes<br />
Preliminary Approval area.<br />
c) The Environmental Protection Act 1994 states that a person must not carry out any<br />
activity that causes, or is likely to cause, environmental harm unless the person takes<br />
all reasonable and practicable measures to prevent or minimise the harm.<br />
Environmental harm includes environmental nuisance. In this regard persons and<br />
entities, involved in the civil, earthworks and construction phases of this development,<br />
are to adhere to their ‘general environmental duty’ to minimise the risk of causing<br />
environmental harm.<br />
Environmental harm is defined by the Act as any adverse affect, or potential adverse<br />
affect whether temporary or permanent and of whatever magnitude, duration or<br />
frequency on an environmental value and includes environmental nuisance.<br />
Therefore, no person should cause any interference with the environment or amenity<br />
of the area by reason of the emission of noise, vibration, smell, fumes, smoke,<br />
vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or<br />
otherwise, or cause hazards likely in the opinion of the administering authority to<br />
cause undue disturbance or annoyance to persons or affect property not connected<br />
with the use.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
d) The Environmental Protection Regulation 2008 prescribes specific Environmentally<br />
Relevant Activities e.g. Extractive & Screening Activities (dredging), Chemical<br />
Storage (service stations) which require a MCU ERA approval in accordance with the<br />
Sustainable Planning Act 2009, and Operators Registration Certificate in accordance<br />
with the Environmental Protection Act 1994. It is the applicant’s responsibility to<br />
ensure that where these activities are proposed in subsequent development<br />
applications, referral is made to the appropriate concurrence agency for assessment.<br />
e) It is a requirement of the Environmental Protection Act 1994 that if an owner or<br />
occupier of land becomes aware a Notifiable Activity (as defined by Schedule 2 of the<br />
Environmental Protection Act 1994) is being carried out on the land or that the land<br />
has been affected by a hazardous contaminant, they must, within 30 days after<br />
becoming so aware, give notice to the Department of Environment & Resource<br />
Management’s Contaminated Land Unit.<br />
f) The property is located within an area identified as a potential area of acid sulfate<br />
soils. As such, the applicant shall be responsible for implementing all necessary<br />
measures so as to minimise the disturbance of potential acid sulfate soils. Where it is<br />
known or suspected that acid sulfate soils are discovered, i.e. during earthworks,<br />
construction of footings and foundations, etc appropriate measures must be<br />
implemented to prevent the release of contaminated soils and run-off from the site.<br />
g) Road reserves widths and indicative cross sections may require widening to cater for<br />
stormwater treatment devices located within verges.<br />
Further Permits<br />
• Development Permit for Reconfiguring a Lot.<br />
• Development Permit for Operational Works (bulk earthworks).<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
4.1.3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE<br />
(MEDICAL CENTRE, MULTIPLE DWELLING UNITS), 11 BINDAREE CRESCENT,<br />
MOOLOOLABA<br />
File No:<br />
Author/Presenter:<br />
MCU10/2015<br />
Development Planner, Planning Assessment, Mitchell Fuller<br />
Principal Development Planner, Planning Assessment, Stephen<br />
Whitby<br />
Appendices: Appendix A - Conditions Of Approval (SPC Pg 111)<br />
Attachments: Att 1 - Site Map (SPC Att Pg 119)<br />
Att 2 - Proposal Plans (SPC Att Pg 120)<br />
Planning Instrument: Maroochy Plan 2000 (11 November 2009)<br />
Applicant:<br />
VCU Design Pty Ltd<br />
Consultant (if applicable):<br />
KHA Development Managers<br />
Application Number:<br />
MCU10/2015<br />
Division: 4<br />
Properly Made Date: 04/08/2010<br />
Information Request Date: 15/09/2010<br />
Information Response Received Date: 08/10/2010<br />
Proposal:<br />
Development Permit for Material Change of<br />
Use of Premises (Medical Centre, Multiple<br />
Dwelling Units x 4)<br />
Assessment Type:<br />
Impact<br />
No. of Submissions: 31<br />
Property Address:<br />
11 Bindaree Crescent, Mooloolaba<br />
Property No: 894<br />
RPD: Lot 217 RP 43882<br />
SEQRP:<br />
Urban Footprint<br />
Land Area: 607m 2<br />
Strategic Plan Designation:<br />
Urban<br />
Planning Area:<br />
4 - Mooloolaba<br />
Planning Precinct:<br />
4 – Brisbane Road South<br />
Precinct Class:<br />
Town Centre Frame<br />
Existing Use of Land:<br />
Existing detached dwelling<br />
PURPOSE<br />
The purpose of this report is to seek <strong>Council</strong>’s determination of an impact assessable<br />
application for a Development Permit for a Material Change of Use (Medical Centre &<br />
Multiple Dwelling Units).<br />
The application is before council as more than 20 submissions have been received within the<br />
public notification period.<br />
EXECUTIVE SUMMARY<br />
The development site is located at 11 Bindaree Crescent, Mooloolaba, which lies off the<br />
southern end of Brisbane Road between Mayes and Tuckers Canals. The application is for a<br />
Development Permit for a Material Change of Use of premises to allow a 3-storey, multiple<br />
dwelling unit complex with a small medical centre on the ground floor.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The application is impact assessable by virtue of the development being slightly over the<br />
preferred residential density for the precinct and having a unit situated on the ground floor.<br />
The commercial component of the proposal would normally be code assessable however<br />
defaults to impact assessment with the inclusion of the proposed residential component. A<br />
total of 31 submissions were received objecting to the proposal.<br />
The main issues arising from the assessment of the application are:<br />
• the density proposed is the equivalent of 4.02 x 2 bedroom units. The preferred<br />
density for this site within the Town Centre Frame Precinct is 3.04 x 2 bedroom units;<br />
• the proposed front boundary setback for the residential component does not comply<br />
with the acceptable measure of the Code for Low-rise Residential Premises; and<br />
• the proposed private open space of the ground floor residential tenancy does not<br />
comply with the acceptable measures of the Code for Mixed Use Premises.<br />
Despite the non-compliance with the Precinct’s preferred density and building setback<br />
provisions, the impacts associated with this unique mixed use building are minimal.<br />
Importantly, the development is consistent with the desired mixed use character of the<br />
precinct, provides all design and environmental requirements for the future residents and can<br />
be provided with all required infrastructure. The non-complying building setbacks will have<br />
no significant or detrimental impact on the amenity of adjoining residential properties when<br />
considered with the commercial built form of the 35m 2 tenancy that is code compliant. Any<br />
loss of visual amenity from the proposal would be substantially less than that of a code<br />
compliant and assessable 3 storey commercial development built to the front boundary up to<br />
a height of 12m. The development generally meets all other design requirements relating to<br />
setbacks, open space, parking, landscaping, building height and can be provided with all<br />
required infrastructure.<br />
The precinct intent explicitly encourages ground floor commercial floor space combined with<br />
residential units above and commercial floor space will assist with the continued growth of<br />
the health and wellbeing sector of the economy on the <strong>Sunshine</strong> <strong>Coast</strong>. The application has<br />
been assessed against the Strategic Plan, Planning Area and Precinct Intent requirements<br />
and the relevant Performance Criteria of the applicable codes of Maroochy Plan 2000. The<br />
proposal complies with the above or can be conditioned to comply and is recommended for<br />
approval with conditions.<br />
OFFICER RECOMMENDATION<br />
That <strong>Council</strong> APPROVE WITH CONDITIONS Application MCU10/2015 by VCU Design<br />
Pty Ltd and grant a Development Permit for Material Change of Use of Premises<br />
(Medical Centre, and Multiple Dwelling Units) at 11 Bindaree Crescent, Mooloolaba,<br />
described as Lot 217 RP 43882 subject to the conditions of approval as outlined in<br />
Appendix A.<br />
FINANCE AND RESOURCING<br />
Should the application be approved, the applicant would be required to pay Infrastructure<br />
Contributions in accordance with <strong>Council</strong>’s Policies.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
A current estimate of the infrastructure contributions required by this development is outlined<br />
as follows:<br />
Infrastructure Network Description<br />
Contribution Amount<br />
Network<br />
DC 2 Bikeways $696.61<br />
DC 3 Roads $12,887.30<br />
DC 4 Stormwater $5,146.69<br />
DC 5 Public Parks $11,413.13<br />
DC 6 Land for Community Facilities $2,262.75<br />
The actual amount of the contributions must be calculated and paid in accordance with the<br />
Planning Scheme Policies current at the time of payment.<br />
INTRODUCTION<br />
Background/Site History<br />
A pre-lodgement meeting was held on 23 June 2010 with the applicant concerning a<br />
development concept very similar to the current development proposal. The proposed<br />
concept was generally acknowledged to have merit as the precinct supports mixed use<br />
development. The ‘soho’ unit (supporting a small operator to live and work on the ground<br />
floor) was considered a unique design concept for a small operator which provides a better<br />
opportunity for the commercial tenancy to be successful. Along with the standard carparking<br />
and building siting and design requirements, the applicant was advised that particular<br />
attention was needed in relation to the additional density proposed and to address the<br />
relevant performance criteria of the planning scheme.<br />
Site Description<br />
The subject site is located at 11 Bindaree Crescent, Mooloolaba, on the north-western side<br />
of the street with a south-eastern outlook over the canal waterways of Mooloolaba. The lot<br />
has an area of 607m 2 and a road frontage of 15.088 metres to Bindaree Crescent. The site<br />
is located to the east of Brisbane Road and gains access from the south bound lane of<br />
Brisbane Road.<br />
A single detached dwelling (post 1945) currently exists on the site and will be removed to<br />
accommodate the proposed development.<br />
Surrounding Uses<br />
The site is surrounded by a mix of residential and commercial uses of various ages, building<br />
height and character. The most notable complexes are the ‘Anchorage’ and ‘Bindaree<br />
Mooloolaba’, which adjoin the site to the southwest. Both of these are low-rise multi-unit<br />
developments gaining access from Bindaree Crescent. Bindaree Mooloolaba, comprising 6<br />
x 3-bedroom units and 2 x 2-bedroom units, was approved in 2003 (MCU02/0269).<br />
The Anchorage comprising of 9 units, was constructed in the early 1990s and was ‘as of<br />
right’ under the 1985 Town Planning Scheme. The Anchorage is a 3-storey unit complex<br />
(incorporating roof terrace) with an access driveway from Bindaree Crescent along the<br />
common boundary with the subject site, which services basement level parking spaces.<br />
The lot adjoining the site to the north-east accommodates a single, 2-storey dwelling. To the<br />
north of the site is a number of existing commercial developments.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Proposal<br />
The application seeks a Development Permit to establish a Material Change of Use (Medical<br />
Centre & Multiple Dwelling Units).<br />
The proposed building is 3 storeys in height and is below the precinct height limit of 12m.<br />
The multiple dwelling component of the proposal will consist of 1 x 1 bedroom unit (studio) on<br />
the ground floor, 2 x 2 bedroom units on the first floor, and 1 x 3 bedroom unit on the second<br />
floor. The medical centre component will be located on the ground floor and consists of a<br />
single tenancy comprising 35m 2 GFA.<br />
A breakdown of what is proposed is provided in the table below:<br />
Site Area 607m 2<br />
GFA 583m 2<br />
Site Coverage 56.5%<br />
Parking Provision 8 (including 1<br />
disabled bay)<br />
Landscaping and Recreation Area 230m 2 (37.8%)<br />
On-site bicycle storage facilities will allow for the secure provision of 6 bicycles.<br />
The applicant proposes a waste storage and wash down area towards the rear of the site.<br />
Eight wheelie bins are proposed. Waste collection will be serviced from the Bindaree<br />
Crescent kerbside via existing waste service arrangements.<br />
ASSESSMENT<br />
State Planning Policies/Management Plans<br />
No State Planning Policies apply to the application.<br />
South East Queensland Regional Plan<br />
The site is located within the Urban Footprint of the South East Queensland Regional Plan.<br />
The proposed development is consistent with the Desired Regional Outcomes of the SEQ<br />
Regional Plan for the Urban Footprint designation and will provide a range of housing<br />
options.<br />
Planning Scheme<br />
Strategic Plan/Desired Environmental Outcomes<br />
The subject site is located within the ‘Urban’ land use designation of the Strategic Plan and is<br />
generally consistent with the applicable objectives for the Town Centre Frame locality.<br />
The proposal will contribute towards consolidating residential development within existing<br />
urban areas that have sufficient infrastructure capacity. The increased density and<br />
commercial space within this concentrated walkable community will further encourage the<br />
use of public and active transport to reach nearby schools, shops and centres. Increased<br />
populations within close proximity to bus stops will facilitate a more viable and efficient<br />
transport system and further strengthen existing commercial centres.<br />
The proposed development, with a mix of unit types and unique commercial space, will<br />
contribute to the achievement of a diversity of housing types and commercial uses within the<br />
region.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Precinct Intent<br />
The subject site is located in Planning Area 4 - Mooloolaba, Planning Precinct 4 – Brisbane<br />
Road South, Precinct Class Town Centre Frame.<br />
The preferred and acceptable uses within this precinct are those referred to in the Table of<br />
Development Assessment for the Town Centre Frame Precinct Class. The Supplementary<br />
Table of Development for this precinct supports uses including Accommodation Building,<br />
Motel, Multiple Dwelling Units, Convenience Restaurant, Fast Food Store, Medical Centre,<br />
Office, Restaurant, Shop, and a Showroom.<br />
With particular regard to the proposed development, the Mooloolaba precinct provisions<br />
clearly state that:<br />
• This precinct has the potential to become a more vibrant business and community centre;<br />
• Redevelopment is expected over time, particularly on properties close to canals;<br />
• Future development should improve the identity and amenity of the precinct and reinforce<br />
its dual role as a Local Centre and significant place of employment and services; and<br />
• Redevelopment of older small-scaled premises for mixed-use development incorporating<br />
apartments above street floor businesses will be encouraged on appropriate sites.<br />
The proposal is generally compatible with the existing and preferred development of the area<br />
and provides a well designed and unique mixed use development that is consistent with the<br />
desired precinct intent. The proposed small single-bed unit on the ground floor and small<br />
medical centre, offer a unique opportunity for a small medical operator to live and work on<br />
the site.<br />
Traffic and Transport Considerations<br />
The site is approximately 250m walking distance from two existing bus stops on Brisbane<br />
Road and is regularly serviced every 15 minutes.<br />
The site is within 150m of existing shops and convenience stores along Brisbane Road and<br />
approximately 850m from existing services within the Mooloolaba Town Centre. Numerous<br />
retail facilities, restaurants, businesses and services are accessible within these local<br />
centres.<br />
As existing public transport services are readily accessible to the site, no requirements are<br />
recommended in relation to public transport facilities. The proposed medical centre is a<br />
small commercial tenancy (35m 2 ) and will have no impact on traffic.<br />
The frontage of the site incorporates existing kerb and channel. A 1.8m footpath currently<br />
exists along the frontage of the residential premises “Bindaree Mooloolaba” to the north of<br />
the subject lot. A condition requiring the construction of a footpath along the frontage of the<br />
site will be imposed.<br />
Applicable Codes<br />
The following Codes are applicable to this Application:<br />
• Code for Waterways and Wetlands;<br />
• Code for Assessment and Management of Acid Sulphate Soils;<br />
• Design Code for Community Safety and Security;<br />
• Code for Landscaping Design;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
• Code for Transport, Traffic and Parking;<br />
• Operational Works Code;<br />
• Code for Integrated Water Management;<br />
• Code for Low-rise Multi-unit Residential Premises;<br />
• Code for Town and Village Centres;<br />
• Code for Mixed Use Premises; and<br />
• Code for Waste Management in Commercial and Community Uses.<br />
The application has been assessed against each of the above applicable codes and found to<br />
be compliant or can be conditioned to comply with each. The pertinent issues arising out of<br />
assessment against the codes are discussed below:<br />
Site Location<br />
The Performance Criteria P1 of the Code for Low-Rise Multi Unit residential premises<br />
requires low-rise multi dwelling unit premises in residential areas within close or convenient<br />
access to:<br />
• Village and/or Town Centres;<br />
• Community Facilities;<br />
• Public Open Space; and<br />
• Public transport and other infrastructure.<br />
The subject site is located approximately 850m from Mooloolaba Town Centre Core precinct,<br />
which contains all standard community facilities. Public Open Space is available directly in<br />
front of the site on the opposite side of Bindaree Crescent and regular public transport<br />
services are available on Brisbane Road, approximately 250m from the subject site.<br />
Density<br />
The proposal includes a 1 x 1-bedroom studio unit, 2 x 2-bedroom units and a 1 x 3-bedroom<br />
unit with a dwelling unit factor of 4.02.<br />
The preferred density for the subject site is the equivalent of 3.04 x 2-bedroom units. The<br />
applicable regulatory provisions are contained in Element 2, Performance Criteria P2 of the<br />
Code for Low Rise Multi Unit Residential Premises which stipulates that “the number of<br />
dwelling and/or rooming units developed on the site must be consistent with the desired<br />
character of the precinct in which it is situated, and the site’s physical conditions,<br />
environmental characteristics setting and infrastructure provision”.<br />
Despite the proposal exceeding the preferred dwelling unit factor by one, 2-bedroom unit, it is<br />
considered to comply with Performance Criteria P2 for the following reasons:<br />
• The proposal is consistent with the desired character and Precinct Intent which<br />
encourages mixed use developments;<br />
• The proposal’s density is consistent with the two existing low-rise, multi-storey,<br />
residential developments (Anchorage & Bindaree Mooloolaba) adjoining the site to<br />
the south-west, both of which exceed the dwelling unit factor specified within the<br />
precinct. Bindaree Mooloolaba has 6 x 3-bedroom units and 2 x 2-bedroom units and<br />
exceeds the dwelling unit factor by 1.9 two-bedroom units. The Anchorage<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
comprises of 9 units but was constructed ‘as of right’ under the 1985 Planning<br />
Scheme;<br />
• The proposal would have a lesser impact on the amenity of the adjacent residential<br />
uses than a complying, code-assessable, 3-storey commercial development that<br />
could be built to the front boundary up to a height of 12m;<br />
• The building design satisfies the code requirements relating to gross floor area, plot<br />
ratio, building height, landscaping, open space and parking provisions;<br />
• The site is within close proximity of the Mooloolaba Town Centre and is regularly<br />
serviced by public transport facilities; and<br />
• The proposed private open space on the ground floor consists of 14m 2 and the<br />
second floor unit comprises 44m 2 . Units on the first floor contain private open space<br />
of 45m 2 for Unit 1 and 41m 2 for Unit 2.<br />
The proposal is consistent with the desired character and intent of the Precinct and complies<br />
with the overall height requirement in both metres and storeys (12 metres/3 storeys). The<br />
desired intent acknowledges that properties close to the canals will be developed in the<br />
future and that future development should improve the identity and amenity of the precinct<br />
and reinforce its dual role as a local centre and a significant place of employment and<br />
services.<br />
Although the proposal exceeds the desired dwelling unit factor by one, additional, 2-bedroom<br />
unit, there is sufficient space on the property to provide the associated parking and open<br />
space requirements for the future unit owners. Furthermore, the proposal’s orientation,<br />
architectural style and landscaping are also consistent with the precinct intent. The building<br />
is designed to respond to the climate with the provision of generous balconies overlooking<br />
the canal and nearby public park while also maintaining the privacy of adjoining residences.<br />
Setbacks<br />
Element 3, Performance Criteria P1 stipulates that “the premises must be sited and designed<br />
taking into account its relationship with adjoining premises, as well as the contextual<br />
relationship with the street and locality which establish the overall setting of the site, including<br />
the location and amenity of adjacent buildings and sites; streetscape character and context;<br />
and views and vistas”.<br />
The scheme nominates preferred setbacks for the Town Centre Frame precinct in the Code<br />
for Low Rise Multi-unit Residential Premises and the Code for Mixed Use Premises. The<br />
table below compares the proposal with the setbacks required:<br />
Boundary Setback required (m)<br />
under Maroochy Plan 2000<br />
Front (Southern) Zero setback for commercial<br />
uses on the ground floor<br />
6m for residential uses<br />
Setback Proposed (m)<br />
Ground floor – 2.2m to the studio unit<br />
First floor - 8m to building face with the<br />
exception of the balconies to the front<br />
boundary over the commercial tenancy<br />
Second floor – 8m to the building face,<br />
6m to the front balcony and 5m to the<br />
building (roof) overhang<br />
Medical Centre<br />
Zero setback to the front boundary<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Boundary Setback required (m)<br />
under Maroochy Plan 2000<br />
Side & Rear Residential<br />
Setbacks 1.5m where a height of 4.5m<br />
or less<br />
2m where the height is<br />
greater then 4.5m but no<br />
more than 7.5m<br />
3m for a height between<br />
7.5m and 12m<br />
Commercial<br />
No side and rear setbacks<br />
nominated<br />
Setback Proposed (m)<br />
Eastern Side<br />
Ground floor - 1m at lobby, 2m for the<br />
medical centre and 3m for the remainder<br />
of the floor<br />
First floor - 2m<br />
Second floor - 3m<br />
Western Side<br />
Ground floor - 3.6m to the western wall of<br />
the studio unit<br />
First floor - 2m to the western side of unit<br />
1, and approximately 4.6m to the first floor<br />
balcony of unit 1<br />
Second floor - 2m to the study wall of unit<br />
3, and 3m for the remainder of the floor<br />
Northern Side (Rear)<br />
6.3m to the rear balcony of the first and<br />
second floor units<br />
With respect to the building setback for the residential component to Bindaree Crescent,<br />
Acceptable Measure A1.3 of the Code for Low-rise Multi-unit Residential Premises specifies<br />
a setback of 6m or a setback equal to the average of the setback of the adjoining buildings,<br />
provided the road frontage setback is not less than 3.0 metres.<br />
The average front setback of existing premises on Bindaree Crescent is 5 metres. Setbacks<br />
of existing development within Bindaree Crescent range from zero (commercial premises<br />
located north of the subject site) to 8m (multi-unit developments also north of the site). The<br />
existing dwelling adjoining the site to the south comprises a 2.5m setback to the front<br />
boundary. In this case, the minimum residential front setback allowed by Acceptable<br />
Measure A1.3 for a residential unit is 5m. The ground floor of the building has a 2.2m front<br />
setback to the main building face of the residential component of the development and a zero<br />
front setback to the medical centre component. The main building face of the first floor is set<br />
back 8m from the front property boundary, with the exception of the solid divider wall<br />
between the balconies at first floor level which will be conditioned to be no greater than<br />
balustrade height within the 5m front setback.<br />
While the first floor balconies are located in the required front setback, they will have minimal<br />
impact on the views and vistas or amenity of adjacent premises when compared to a roof of<br />
the medical centre at the same code complying height. Therefore, it is considered<br />
acceptable that the balconies can be located within the 6 metre front setback on the first<br />
floor, provided they incorporate external glass balustrading and no solid walls (with the<br />
exception of the dividing wall at the standard balustrade height). To improve the visual<br />
amenity of this balcony design element, conditions are recommended which will require a<br />
minimum 2 metre landscaping be provided at the front of the first floor balconies to soften the<br />
visual impact of the building on the street and provide greater visual interest.<br />
The proposal plans show the ground floor lobby being set back approximately 1m from the<br />
eastern boundary, contrary to Acceptable Measure A1.4, which requires a side setback of<br />
1.5m. The proposal provides a setback of 2 metres to the side boundaries for the remainder<br />
of the ground floor and a setback of 3 metres to the first and second floors.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The reduced side setback of the lobby is a small part of the overall elevation of the building<br />
and the building generally complies with P1 in terms of side setbacks despite this minor noncompliance<br />
with the Acceptable Measure.<br />
Visual Amenity<br />
Element 3, Performance Criteria P1 of the Code for Low Rise Multi-unit residential premises<br />
requires “that premises must be sited and designed taking into account their relationship with<br />
adjoining premises, as well as the contextual relationship with the street and locality which<br />
establish the overall setting of the site”.<br />
Due to the proposed building projecting further forward than the adjoining premises, the solid<br />
dividing wall between the two balconies (private open space) at first floor and the solid<br />
balustrades of these balconies will obstruct the views of the adjoining multi-unit premises to<br />
the west, contrary to P1.<br />
To ensure compliance with Element 3, Performance Criteria P1 of the Code for Low Rise<br />
Multi-unit Residential Premises, conditions are recommended that will require the applicant<br />
to:<br />
• replace the solid balustrades of the first floor balconies with glass;<br />
• the solid dividing wall between the two balconies above the maximum balustrade<br />
height at first floor level must be set back a minimum of 5m from the front boundary.<br />
The remainder of the dividing wall is to have a height no greater than the maximum<br />
balustrade height;<br />
• a minimum 2 metre wide landscaping bed must be established at the front of the<br />
balconies at the first floor level; and<br />
• temporary shade structures are not permitted on the front balconies at the first floor.<br />
Casual Surveillance<br />
Performance Criteria P2 of the Design Code for Community Safety and Security requires that<br />
buildings must be designed to overlook areas which are accessible to the public.<br />
Public entry to the medical centre and the ground floor lobby of the units is proposed via a<br />
pathway along the eastern boundary of the site. There are no windows which overlook this<br />
pathway at present. To ensure compliance with P2 of the Design Code for Community Safety<br />
and Security, a condition is recommended which will require the building wall of the eastern<br />
side (medical centre) to include 40% glazing to assist with improved solar access and assist<br />
in perceived building bulk reduction.<br />
Lively and Interesting Frontages to Urban Spaces<br />
Element 2, Performance Criteria P2 of the Code for Town and Village Centres requires that<br />
development must be developed in a way which enliven and enrich the experience of people<br />
using Centres.<br />
Given that the ground floor of the proposed building projects further forward than any<br />
adjoining building in the street, its side facades will be highly prominent within the<br />
streetscape of Bindaree Crescent. The western elevation of the ground floor of the building<br />
currently consists of a blank concrete wall which is contrary to Element 2 P2 of the Code for<br />
Town and Village Centre. In order to ensure compliance with P2, it is recommended that this<br />
wall be amended to be a rock clad feature wall to improve visual amenity and appearance<br />
from Bindaree Crescent.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Landscaping<br />
Acceptable Measure A1 of the Code for Landscaping Design requires that landscaping shall<br />
be sited and designed to respond appropriately to site specific conditions in accordance with<br />
an approved Landscape plan which demonstrates the proposals satisfaction of the<br />
performance criterion.<br />
A total of 230m 2 of landscaped area or 37.8% of the site (in accordance with the definition in<br />
volume 1 of Maroochy Plan 2000) is proposed. Landscaping is proposed to screen all walls<br />
within close proximity of adjoining properties and soften building appearance. A planting bed<br />
of a minimum 1 metre width is proposed down both the eastern and western property<br />
boundaries in accordance with the Code. A 2 metre wide landscaping buffer will also be<br />
conditioned along the front of the first floor balconies. Landscaping details, include planting<br />
species and densities will be confirmed at the operational works application stage. Overall,<br />
sufficient areas of landscaping are proposed in appropriate locations on the site in<br />
accordance requirements of the code.<br />
Private Open Space<br />
Element 4 – A1.2 of the Code for Mixed Use Premises requires that private open space at<br />
ground level have a total minimum area of 25m 2 with no dimension less than 3m.<br />
The proposed ground floor unit provides a total of 14m 2 of private open space (8m 2 at the<br />
front and 6m 2 at the rear), contrary to the requirements of the QRDG.<br />
Element 4 – Performance Criteria P1 of the Code for Mixed Use Premises Private stipulates<br />
that open space must be provided for each dwelling unit (or potential dwelling unit) to suit<br />
expected user needs by:<br />
• being clearly defined or private use;<br />
• being directly accessible from a main living area;<br />
• having dimensions capable of accommodating a variety of domestic outdoor<br />
recreational activities; and<br />
• addressing privacy, outlook and maximum year round use.<br />
Despite the non compliance with A1.2, the ground floor studio unit satisfies P1, by:<br />
• being an area clearly defined for private use;<br />
• being directly accessible from a main living area of the unit;<br />
• having dimensions capable of accommodating a variety of domestic outdoor<br />
recreational activities;<br />
• addressing privacy, outlook and maximum year round use; and<br />
• the unit is located directly opposite the open space provided along the Bindaree<br />
Crescent canal.<br />
Parking and Access Width<br />
The proposal provides 8 parking spaces; 2 for the medical centre use, 5 for the residential<br />
units and 1 disabled space, and is consistent with the requirements of Schedule 2 of the<br />
Code for Transport Traffic and Parking. Schedule 2 of the Code for Transport Traffic and<br />
Parking requires service vehicle provision to be made for regular (street) Small Rigid Vehicle<br />
access and occasional Long Rigid Vehicle access. The proposal does not provide for on-site<br />
service vehicle access.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
This is considered acceptable given the small scale of the medical centre, the availability of<br />
on-street space for service vehicles and the small number of residential units proposed.<br />
The proposed 1-way driveway will be conditioned to meet the requirements of Australian<br />
Standards AS2890.1. While the driveway has a minimum width of 3.6m through the site, it is<br />
recommended that it be conditioned to taper out to a width of 5.5m where it meets the kerb<br />
and channel to allow vehicles to pass on the driveway crossover.<br />
In order to ensure that pedestrian safety is maintained, a condition is recommended which<br />
will require the removal of the wall between the driveway at the stairs to the front entrance of<br />
the studio unit to provide a line of sight to the east for vehicles exiting the driveway.<br />
REFERRALS<br />
Internal Referrals<br />
The application was forwarded to the following internal specialists:<br />
• Infrastructure<br />
• Maroochy Water Services<br />
• Environment<br />
• Hydrology and Hydraulics<br />
• Landscaping<br />
Their assessment forms part of this report.<br />
External Referrals<br />
REFERRAL AGENCIES<br />
Not Applicable<br />
SUBMISSIONS<br />
The application was publicly notified in accordance with the requirements of the Sustainable<br />
Planning Act 2009. 31 properly made submissions and no not properly made submissions<br />
were received.<br />
The following table provides a summary of the grounds for submissions received.<br />
Issues<br />
Planning and Precinct Intent<br />
The development exceeds the<br />
dwelling unit factor and is<br />
considered to adversely affect<br />
the residential amenity of the<br />
area.<br />
Landscaped and Recreation<br />
Areas<br />
Unacceptable level of<br />
landscaped and recreation area<br />
highlights the overdevelopment<br />
of the site. The intent of this<br />
performance Criteria is to<br />
Comments<br />
As discussed the proposal exceeds the preferred dwelling<br />
unit factor identified in the Precinct Intent by one 2-<br />
bedroom unit. The design of the proposal demonstrates<br />
that a slight increase in density will have no impact on the<br />
amenity of the adjoining premises.<br />
The development proposes 37.8% of the site as<br />
landscaped and recreation areas in accordance with<br />
Acceptable Measure A3 of the Code for Low Rise Multi<br />
Dwelling Unit Residential premises. The planning scheme<br />
definition of Landscaped Areas allows the inclusion of<br />
balconies and private open space in the calculation.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Issues<br />
establish landscape and<br />
recreation areas at the ground<br />
floor. Private balconies and<br />
landscaping on first floor should<br />
be removed from applicant’s<br />
calculation.<br />
Landscaped and recreation<br />
areas on the ground floor<br />
should be increased to a<br />
minimum of 30% of the site<br />
area.<br />
Building Siting and Design<br />
The proposed front boundary<br />
building setbacks are<br />
inconsistent with the adjoining<br />
premises and the wider<br />
Bindaree Crescent streetscape,<br />
and should be increased to a<br />
minimum 6 metres.<br />
Southern side boundary<br />
includes support columns and<br />
cable trellises built to the<br />
boundary. Setbacks are taken<br />
from the outermost projection of<br />
the building or structure.<br />
Setbacks should comply with<br />
A1.4 of the Code for Low-rise<br />
residential premises. The use<br />
of the trellises may encourage<br />
unlawful access to the buildings<br />
which is inconsistent with P14<br />
of the Design Code for<br />
Community Safety and<br />
Security.<br />
Medical Centre Design<br />
The applicant’s redesign of the<br />
ground floor creates<br />
concealment opportunities and<br />
presents a shop-like frontage<br />
which is inconsistent with the<br />
residential streetscape. The<br />
proposed medical centre has its<br />
building entrance located<br />
approximately nine (9) metres<br />
from the property boundary<br />
which is inconsistent with P4,<br />
P5, P11 & P13 of the Design<br />
Comments<br />
The Code for Town and Village Centres allows for the<br />
medical centre component of the development to<br />
incorporate a zero front boundary setback.<br />
The residential component will be set back by more than<br />
6m above ground level and conditions will be imposed to<br />
remove the privacy screen within the front setback above<br />
the commercial tenancy to ensure the provision of<br />
additional landscaped design elements to reduce the<br />
visual impact of the development.<br />
The reduced front setback of the ground floor studio unit is<br />
justified by the fact that it is physically integrated with the<br />
proposed medical centre, which includes a compliant zero<br />
front setback.<br />
The proposed setbacks satisfy the performance criteria<br />
and will not impact on the amenity of adjoining premises.<br />
The proposed trellis features enable the provision of a<br />
sufficiently wide driveway and provides additional shading<br />
and visual interest. The structures are light weight and<br />
have minimal bulk.<br />
The potential for unlawful access is unlikely over these<br />
overhead horizontal wires as they are suspended from the<br />
support beams at ground level.<br />
While Bindaree Crescent is predominantly residential in<br />
character, it is located in a precinct in which commercial<br />
development on active street frontages exists and is<br />
encouraged. Conditions are recommended to ensure<br />
appropriate lighting and casual surveillance will exist<br />
around the eastern side of the medical centre to ensure it<br />
does not provide concealment opportunities.<br />
Landscaping will screen the impacts of the built form. The<br />
medical centre use is only intended for a small private<br />
practice with minimal potential (due to the size) for large<br />
numbers of customers.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Issues<br />
Code for Community Safety<br />
and Security. The orientation of<br />
the medical centre encourages<br />
pedestrian movements along<br />
the side boundary and through<br />
the development site.<br />
Building Lobby<br />
The building lobby is<br />
approximately 23m from the<br />
front boundary and is accessed<br />
either by the carpark or side<br />
pathway. This reduces the<br />
sites’ opportunities for casual<br />
surveillance, and is not obvious<br />
or easily identifiable from the<br />
street, conflicting with P4, P11<br />
& P13 of the Code for<br />
Community and Safety and<br />
Security<br />
Mailboxes are at the lobby<br />
entrance, being unclear and<br />
unsuitable for Australia Post<br />
access and manoeuvrability.<br />
Private Open Space<br />
The Acceptable Measures of<br />
the Code for Mixed Use<br />
Premises within Maroochy Plan<br />
requires secure and<br />
conveniently accessible private<br />
open space for each dwelling<br />
unit, having a minimum area of<br />
25m 2 where at the ground floor,<br />
with no dimension less than<br />
3m.<br />
The ground floor studio unit has<br />
a private courtyard with an area<br />
less than 10m 2 , and a minimum<br />
width of 2 metres. This is an<br />
unacceptable outcome,<br />
particularly given the courtyard<br />
is adjoined by a car park and<br />
hardstand areas, and should be<br />
increased to comply.<br />
Landscaping<br />
The building should be set back<br />
from the front boundary to allow<br />
feature landscaping along the<br />
property frontage. There is an<br />
existing mature gum tree along<br />
the property's front boundary<br />
which adds to the natural<br />
landscape qualities of the area,<br />
particularly the adjoining open<br />
Comments<br />
Conditions are recommended to ensure the windows in<br />
the eastern elevation of the medical centre remain clear or<br />
unglazed, therefore, allowing for casual surveillance down<br />
the eastern side boundary. Further, conditions are<br />
recommended to ensure sufficient lighting and additional<br />
glazing to the medical centre is provided for the pathway<br />
along the eastern boundary of the site.<br />
Conditions are recommended to relocate the mailbox<br />
structure to the front property boundary for ease of access<br />
by Australia Post.<br />
The ground floor studio unit does not comply with the<br />
acceptable measures of the Code for Mixed Use Premises<br />
in relation to private open space. However, it is considered<br />
to comply with the associated Performance Criteria for the<br />
following reasons:-<br />
• being an area clearly defined for private use,<br />
• being directly accessible from a main living area of the<br />
unit,<br />
• having dimensions capable of accommodating a<br />
variety of domestic outdoor recreational activities;<br />
• addressing privacy, outlook and maximum year round<br />
use; and<br />
• the unit is located directly opposite the open space<br />
provided along the Bindaree Crescent canal.<br />
Conditions are recommended to ensure that a 2m wide<br />
dense landscaping buffer is provided at first floor level<br />
along the street frontage. The existing tree at the front of<br />
the site is not identified as significant vegetation nor<br />
protected under Local Law 19, and the planning scheme<br />
does not provide sufficient grounds to warrant preservation<br />
of this tree as it would significantly reduce the size of the<br />
building which could be built on the site. It could also<br />
decline in health and pose a safety hazard following the<br />
works associated with the development.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Issues<br />
space and waterway reserve.<br />
This tree provides habitat and<br />
food for many of the local native<br />
species that inhabit the area<br />
and should be maintained and<br />
protected. By increasing the<br />
front building setback to comply<br />
with the provisions of the<br />
Maroochy Plan, it will allow this<br />
mature gum tree to be<br />
protected and will provide<br />
feature planting.<br />
Service Vehicle Parking<br />
While the proposed<br />
development has provided the<br />
minimum number of car parking<br />
bays spaces in accordance with<br />
the Code, it has not made<br />
provision onsite for parking of<br />
service vehicles.<br />
Increase in Traffic Generation<br />
Vehicle traffic and on-street<br />
parking is an existing issue in<br />
Bindaree Crescent, which will<br />
be exacerbated by the<br />
proposed development.<br />
Access to Brisbane Road at the<br />
northern end of Bindaree<br />
Crescent, is restricted to left in/<br />
left out, and can be very difficult<br />
during peak times. While it is<br />
acknowledged that any<br />
redevelopment of the subject<br />
site will add to the traffic<br />
impacts, the proposed density<br />
should be consistent with the<br />
provisions of the Maroochy<br />
Plan 2000.<br />
Comments<br />
A service vehicle bay is not required for this small scale<br />
commercial premise. These matters are further discussed<br />
in the assessment section of this report.<br />
The proposal provides the required on site parking spaces.<br />
The increase in density is minor in nature and within the<br />
acceptable design parameters of the site.<br />
CONCLUSION<br />
This proposal is an integrated, mixed-use development providing a range of housing types<br />
and a commercial tenancy allowing an opportunity in the health and wellbeing sector of the<br />
economy for a small scale operator. The design of the building (as conditioned) successfully<br />
integrates both residential and commercial uses into a restrictive site and will be respectful of<br />
the surroundings and minimise potential amenity impacts. The design elements satisfy the<br />
performance criteria of all applicable Codes. The proposed use is identified as a preferred<br />
and acceptable use for the precinct in which it is situated and is consistent with the precinct<br />
intent.<br />
The application is recommended for approval.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
APPENDIX A - CONDITIONS OF APPROVAL<br />
Development Application Number MCU10/2015<br />
DEVELOPMENT APPROVAL DETAILS<br />
Extent of Approval: in full with conditions as specified in the Conditions Section<br />
contained herein.<br />
Type of Approval Issued<br />
• Development Permit for Material Change of Use of Premises (Medical Centre,<br />
Multiple Dwelling Units)<br />
Relevant Period<br />
The relevant period of this Development Permit is 4 years from the date that this<br />
Development Permit takes effect.<br />
ASSESSMENT MANAGER CONDITIONS<br />
This development approval is subject to compliance with the following assessment manager<br />
conditions:<br />
GENERAL<br />
1 The applicant must comply with all of the conditions of this Development Permit for a<br />
Material Change of Use (Medical Centre, Multiple Dwelling Units) prior to the<br />
commencement of use, unless otherwise stated<br />
2 The applicant must undertake the development generally in accordance with the<br />
approved plans and approved documents (subject to the required amendments) and<br />
Maroochy Plan 2000<br />
3 Site development works including earthworks, roadworks, stormwater drainage, water<br />
supply and sewerage infrastructure, electrical reticulation, lighting, landscaping,<br />
revegetation and other relevant services must be designed and constructed in<br />
accordance with the Codes and Policies of the Maroochy Plan 2000 unless<br />
specifically directed otherwise in the conditions contained herein<br />
4 The applicant must comply with all of the conditions of this Development Permit for a<br />
Material Change of Use of premises prior to the commencement of use, unless<br />
otherwise stated<br />
5 The currency period of this Development Permit is 4 years<br />
APPROVED USE<br />
6 The approved development is Medical Centre (35m 2 ) and Multiple Dwelling Units (1 x<br />
1 bedroom unit, 2 x 2 bedroom units and 1 x 3 bedroom unit) in accordance with the<br />
definitions within Maroochy Plan 2000<br />
AMENDMENTS TO APPROVED PLANS AND DOCUMENTS<br />
7 The applicant must, prior to lodgement of a Building Work application, provide to<br />
<strong>Council</strong> amended plans and documents which incorporate the amendments listed<br />
within this Decision Notice<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
INFRASTRUCTURE CONTRIBUTIONS<br />
8 The applicant must pay contributions towards trunk infrastructure in accordance with<br />
the following Planning Scheme Policies:<br />
(a) Planning Scheme Policy DC2 - Provision of Bikeways and Bicycle Facilities;<br />
(b) Planning Scheme Policy DC3 - Roads Infrastructure;<br />
(c) Planning Scheme Policy DC4 - Stormwater Quality;<br />
(d) Planning Scheme Policy DC5 - Public Parks Infrastructure;<br />
(e) Planning Scheme Policy DC6 - Land for Community Facilities;<br />
(f) Planning Scheme Policy DCA – Administration.<br />
For Material Change of Use of premises approvals the contributions must be paid prior<br />
to the commencement of use.<br />
The actual amount of the contribution must be calculated and paid in accordance with<br />
the Planning Scheme Policies and variations due to indexation current at the time of<br />
payment.<br />
FUTURE COMMUNITY TITLES SCHEME<br />
9 The applicant must ensure that the following are provided prior to the commencement<br />
of use:<br />
(a)<br />
A letterbox for each unit and one for the Body Corporate clearly marked with<br />
the street and unit number. The letterbox structure must be located within the<br />
property at the front boundary and integrated with the proposed landscaping<br />
(b) Clothes drying areas and facilities for each unit (external clothes drying areas<br />
must not be visible from the road)<br />
(c) Separate electricity meters for each unit<br />
10 Prior to <strong>Council</strong>’s endorsement of any Community Titles Scheme in relation to the<br />
subject land, all <strong>Council</strong> donated infrastructure required by this approval, and as<br />
defined in conditions contained herein, must be completed and have been accepted<br />
‘On Maintenance’ in accordance with <strong>Council</strong>’s Planning Scheme Policy No. 5 -<br />
Operational Works<br />
UTILITIES<br />
11 The applicant is responsible for the alteration, relocation or re-instatement of public<br />
utility services, stormwater drainage structures, driveways, landscaping and other<br />
features affected by the development works. Any alterations or repairs of existing<br />
infrastructure required as a result of the development are to be completed at no<br />
expense to <strong>Council</strong> or the service provider<br />
12 The applicant must ensure the development site is connected to supply in<br />
accordance with Planning Scheme Policy No.5 – Operational Works and must be<br />
designed by a Registered Professional Engineer of Queensland (RPEQ) experienced<br />
in electrical reticulation engineering<br />
COMMUNITY SAFETY AND SECURITY<br />
13 The applicant must amend the plans to replace the solid building facade of the<br />
eastern side (Medical Centre) with glass or clear glazed windows<br />
14 The proposed pathway along the eastern boundary of the site must be adequately lit<br />
at night to prevent concealment opportunities<br />
VISUAL AMENITY<br />
15 The applicant must amend the plans in accordance with the following requirements:<br />
(a) Replace the solid balustrades of the first floor balconies with glass<br />
(b) The solid dividing wall between the two balconies above the maximum<br />
balustrade height at first floor level must be set back a minimum of 5m from<br />
the front boundary. The remainder of the dividing wall is to have a height no<br />
greater than the maximum balustrade height<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
(c) A minimum 2 metre wide landscaping bed must be established at the front of<br />
the balconies at the first floor level<br />
(d) The building wall of the medical centre (eastern side) must include 40%<br />
glazing<br />
(e) The building wall of the ground level studio unit (western side) must consist of<br />
rock cladding<br />
(f) A minimum 1 metre wide landscaping bed must be established on the eastern<br />
side of the lobby on the ground level<br />
16 Temporary shade structures are not permitted on the front balconies at the first level<br />
EXCAVATION & FILLING<br />
Retaining Walls<br />
17 Structural design certification is to be provided for all retaining walls by an<br />
experienced and qualified civil engineer<br />
18 All retaining walls are to be designed and constructed in accordance with the<br />
requirements of <strong>Council</strong>’s Planning Scheme Policy No. 5 – Operational Works<br />
CONSTRUCTION & TRAFFIC MANAGEMENT PLAN<br />
19 A Construction and Traffic Management Plan must be submitted and approved prior<br />
to any works commencing on the site in accordance with Section 6 of Planning<br />
Scheme Policy No. 5 - Operational Works. The Construction Management Plan must<br />
specifically address the requirements defined in Section 6.1.1 of this policy as well as<br />
the following:<br />
(a) Traffic Management during all aspects of the construct phase including;<br />
(i) A Traffic Management Control Plan in accordance with Manual of<br />
Uniform Traffic Control Devices detailing all temporary signage and<br />
traffic control measures prior to construction<br />
(ii) Maintenance of safe pedestrian access across the frontage of the site<br />
both during daily construction and after daily construction has ceased<br />
(iii) Proposed fencing to the site during the construction phase of the<br />
development<br />
(b) Identify the process for the management of construction vehicle parking<br />
associated with the development<br />
(c) Maintenance and protection of water quality and existing drainage lines<br />
through the construction site through the implementation of appropriate<br />
erosion and sediment control measures<br />
(d) Works programme identifying key components of the works and their<br />
respective durations<br />
(e) Establishment of a communication protocol with the general public, adjoining<br />
owners, emergency services and local businesses to advise of agreed<br />
construction times, impacts on traffic and services and other relevant issues<br />
(f) Identification of complaint management procedures including;<br />
(i) Contact details for the on-site manager<br />
(ii) Dispute resolution procedures<br />
(g) Details on the location of external fill sites/sources, the haulage route, type of<br />
vehicle to be utilised during filling operations and frequency of usage. NB any<br />
damage to the existing road system as a result of haulage operations shall be<br />
fully repaired at the applicant’s expense<br />
TRANSPORT, TRAFFIC AND PARKING<br />
Site Access Requirements<br />
20 In conjunction with an application for Operational Works, site access must be<br />
provided in accordance with Section 5 of Planning Scheme Policy No. 6 -Transport<br />
Traffic and Parking. The access shall:<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
(a) Be constructed in accordance with the physical and structural requirements of<br />
<strong>Council</strong> Standard Drawing IPWEAQ R-0051 (Current Version)<br />
(b) Have a minimum width of 5.5 metres at the kerb and channelling excluding<br />
flares, tapering to a width of 3.6m at the property boundary. Where possible,<br />
the width shall link to the adjacent southern driveway<br />
21 The proposed driveway and structural elements of the proposed building are to be<br />
designed to ensure that pedestrian sight distance is provided to meet the<br />
requirements of section 3.2.4 of AS2890.1:2004<br />
22 Provision of appropriate warning signs and devices at the site driveway at the<br />
property boundary to suit AS2890.1:2004 section 4.3.4 and 5.3<br />
23 The wall between the driveway at the stairs to the front entrance of the studio unit<br />
must be removed to provide a line of sight to the east for vehicles exiting the driveway<br />
Car Parking<br />
24 On-site car parking facilities must be designed and constructed in accordance with<br />
Section 9 of Planning Scheme Policy No. 6 - Transport Traffic and Parking. The<br />
layout for parking shall be generally in accordance with Sprout Architects Drawing<br />
10012-SD01 Revision E dated 22/12/2010 (as amended), including:<br />
(a) The car parking facilities must include the following:<br />
(i) 5 bays complying with AS2890.1 class 1A for resident – In the current<br />
layout these shall be car parking spaces 4 to 8<br />
(ii) 1 disabled bay complying with AS2890.6:2009 – In the current layout<br />
this shall be car parking space 3 and the adjacent shared zone<br />
(iii) 2 bays with a minimum width as defined in the current layout to cater<br />
for short term parking for visitor use and the medical centre – In the<br />
current layout this shall be car parking spaces 1 and 2. The bays shall<br />
remain as common property in the ownership of the body corporate<br />
(b) Car parking spaces and access driveways are sealed and line-marked<br />
(c) The car parking areas and access driveways shall be maintained in a tidy,<br />
proper and safe condition at all times<br />
(d) Short term visitor and medical centre parking is to be signed for car park 1 and<br />
2<br />
(e) Modification of the width for car park spaces 3 to 8 to provide a minimum<br />
(f)<br />
width of 2.7m for the shared zone<br />
The Shared Zone adjacent car park 3 is to be established to allow for the<br />
majority of the bay to be used for a turning bay. The bollard required as part<br />
of the disabled bay establishment will need to be located accordingly.<br />
Specific design for this zone and adjacent bay 3 shall be verified as part of the<br />
development’s Operational Works application<br />
Any change in use of the site from that authorised herein will necessitate a<br />
recalculation of car parking requirements<br />
25 Vertical clearances from any point on the floor level to the immediate underside of the<br />
lowest obstruction above that point must be provided in accordance with AS2890.1<br />
and AS2890.6 throughout the ground level car park and for the full length of the<br />
access ramp<br />
26 As part of the Operational Works application for the development the applicant shall<br />
outline the measures undertaken to manage the one-way site access. Measures<br />
shall include, as a minimum, a visual signal must be established to indicate when a<br />
vehicle is exiting the site via the one-way driveway ramp<br />
Service Vehicle Requirements<br />
27 Service vehicle loading and unloading shall be limited to daylight hours between<br />
7:00am and 6:00pm<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Cyclist Facilities<br />
28 Bicycle parking facilities must be provided in accordance with Sprout Architects<br />
Drawing 10012-SD01 Rev E dated 22/12/2010. The facility will need to be<br />
maintained as publicly accessible spaces<br />
MOVEMENT NETWORKS<br />
Frontage Works<br />
29 All pedestrian facilities must be designed to ensure that the requirements of AS1428<br />
for disability provisions have been complied with<br />
30 A loading zone must be established across the site frontage. Specific details are to<br />
be finalised as part of the development permit for Operational Works application<br />
WATER SENSITIVE URBAN DESIGN<br />
31 The development must be provided with a Stormwater Quality Improvement Device<br />
treatment train that is planned, designed and constructed in accordance with<br />
<strong>Council</strong>’s Development Design Planning Scheme Policy, the Water Sensitive Urban<br />
Design Technical Design Guidelines for South East Queensland (Healthy Waterways,<br />
2006)<br />
32 In conjunction with the submission for an application for Operational Works approval,<br />
a Stormwater Management Plan with detailed engineering drawings and supporting<br />
calculations for each stormwater quality improvement device proposed must be<br />
provided. Detailed design is to be undertaken in accordance with the Water Sensitive<br />
Urban Design Technical Design Guidelines for South East Queensland (Healthy<br />
Waterways, 2006), <strong>Council</strong>’s Integrated Water Management Guidelines, and must<br />
address the following outstanding major issues<br />
33 The bio-filter component must be redesigned to include a drainage layer and<br />
transitional layer as described in the Healthy Waterways Construction and<br />
Establishment Guidelines for Vegetated Systems<br />
34 Overflow pits as described in the Healthy Waterways Construction and Establishment<br />
Guidelines for Vegetated Systems must be provided to the bioretention component<br />
35 To prevent lateral flow, an impermeable wall must be provided between the two<br />
bioretention and detention components with water directed via piping from the<br />
overflow pits to the infiltration system to prevent short circuiting of filtrate through<br />
lateral flow and subsequent leaking out of untreated water<br />
36 In conjunction with the submission of an application for Operational Works Approval<br />
for the subject site, provide and have endorsed by <strong>Council</strong>’s Delegate a detailed<br />
Maintenance Manual for all stormwater treatment devices proposed to be located on<br />
the subject site. The maintenance manual shall comply with the requirements of the<br />
<strong>Council</strong>’s Integrated Water Management Guidelines and the maintenance plan<br />
provisions of the WSUD Technical Design Guidelines for South East Queensland<br />
(Healthy Waterways, 2006)<br />
37 In conjunction with the submission of an application for Operational Works Approval,<br />
provide detailed drawings showing the design of the signage that must be erected to<br />
educate the public of the function of the bioretention device(s). The dimensions,<br />
standard and presentation of construction and locations of such signage must be<br />
detailed on the drawings<br />
WASH-DOWN FACILITY<br />
38 As part of the Operational Works (Roads and Drainage) application for the<br />
development, the detailed stormwater management plan to be submitted must depict<br />
a treatment device as deemed suitable by Unitywater’s Trade Waste Section for<br />
pretreatment of effluent from the wash-down bay prior to its release to sewer<br />
39 Waste water from wash down operations must be directed to the sewerage system<br />
under the conditions of a Trade Waste Permit<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
WASTE MANAGEMENT<br />
40 A visually screened hardstand waste storage area (for general and recyclable<br />
material wheelie bins) and wash-down area must be provided as shown on the<br />
approved plans<br />
41 The on-site access path to the kerbside waste container service point must provide<br />
for the ease of movement of the wheelie bins with unobstructed access provided to<br />
the service point<br />
ACOUSTICS<br />
42 Fixed plant and equipment must be enclosed or shielded with acoustically rated<br />
materials or positioned to ensure the equipment will not cause environmental harm to<br />
the occupiers of adjacent residential premises. The sound pressure levels (adjusted<br />
for tonality in accordance with AS 1055.1-1997 ‘Acoustics – Description and<br />
Measurement of Environmental Noise – General Procedures’) from plant and<br />
equipment must be less than the recommended internal design sound levels<br />
referenced in AS 2107:2000 ‘Acoustics – Recommended design sound levels and<br />
reverberation times for building interiors’ for ‘Houses and Apartments near minor<br />
roads’. The relevant levels are:<br />
(a) Living areas 40 dB(A) Leq<br />
(b) Sleeping areas 35 dB(A) Leq<br />
(c) Work areas 40 dB(A) Leq<br />
43 Plant and equipment causing intermittent time varying noise events must be enclosed<br />
or shielded with acoustically rated materials or positioned to ensure they will not<br />
cause environmental harm to the adjoining residential premises. Sound levels from<br />
such sources must not exceed 50 dB(A) L max at any window opening to a sleeping<br />
area<br />
OUTDOOR LIGHTING<br />
44 Lighting must be of the appropriate type and positioned to ensure spill and obtrusive<br />
light does not exceed the recommended maximum values of AS 4282-1997 ‘Control<br />
of the obtrusive effects of outdoor lighting’ Table 2.1 & 2.2 (level 1 control) in regard<br />
to surrounding residential land use<br />
UNITYWATER CONDITIONS<br />
45 Construction activities must not impede the access of Unitywater or Fire Brigade<br />
personnel to vital infrastructure (eg. valves, fire hydrants and sewer access<br />
chambers)<br />
46 The fire-fighting demand on Unitywater’s water supply system from the development<br />
must not exceed 15 litres per second<br />
47 A single Unitywater installed primary water meter must be provided immediately<br />
inside the property boundary. Additional water meters must be installed for each title<br />
of a community title or sub-lease scheme. Meters must be Unitywater approved,<br />
installed in accordance with Unitywater requirements and remain accessible at all<br />
times for reading and maintenance purposes<br />
48 Water meters must be located on alternative boundaries to electrical pillars<br />
49 Buildings and other structures must maintain a minimum clearance of 1.5 metres from<br />
Unitywater sewer mains, and 1.0 metre from sewer manhole chambers and<br />
inspection openings<br />
50 Storm water retention systems and gross pollutant traps must maintain a minimum<br />
clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure<br />
51 Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from<br />
Unitywater water mains and 1.5 metres from Unitywater sewerage mains.<br />
Landscaping plants within these clearances must be low growing when mature and<br />
suitable approved varieties<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
52 A 3.0 metre wide easement must be provided over all Unitywater sewers located in<br />
private property. Easements must be located centrally over the main<br />
53 The level of the existing sewer manhole must be adjusted to suit the proposed<br />
finished surface levels. Work must be undertaken by Unitywater at the applicant’s<br />
cost<br />
54 The proposed masonry wall crossing the Unitywater sewer main must be self<br />
supporting for a minimum of 1.0 metre each side of the sewer pipe and piered below<br />
the zone of influence of the sewer<br />
55 Construction works undertaken in the vicinity of Unitywater water supply or sewerage<br />
infrastructure must not adversely affect the integrity of the infrastructure. All costs<br />
associated with repair, replacement or alteration of infrastructure must be met by the<br />
applicant<br />
REFERRAL AGENCIES<br />
Not Applicable<br />
PLANS / DOCUMENTS<br />
The approved plans for this development approval are listed in the following tables:<br />
APPROVED PLANS<br />
Plan Rev. Plan Name Date<br />
10012 SD02 C Second Floor and Roof Plans, drawn by MS<br />
of Sprout Architecture<br />
22.12.10<br />
PLANS REQUIRING AMENDMENT<br />
Plan Rev. Plan Name Date<br />
10012 SD00 C Site Plan, drawn by MS of Sprout 22.12.10<br />
Architecture<br />
Amendments 1 The solid dividing wall between the two balconies above the<br />
maximum balustrade height at first floor level must be<br />
setback a minimum of 5m from the front boundary. The<br />
remainder of the dividing wall is to have a height no greater<br />
than the maximum balustrade height<br />
2 A minimum 2 metre wide landscaping bed must be<br />
established at the front of the balconies at the first floor level<br />
Plan Rev. Plan Name Date<br />
10012 SD01 E Ground Floor and First Floor Plans, drawn 22.12.10<br />
by MS of Sprout Architecture<br />
Amendments 1 Replace the solid balustrades of the first floor balconies<br />
with glass;<br />
2 The solid dividing wall between the two balconies above<br />
the maximum balustrade height at first floor level must be<br />
setback a minimum of 5m from the front boundary. The<br />
remainder of the dividing wall is to have a height no<br />
greater than the maximum balustrade height<br />
3 A minimum 2 metre wide landscaping bed must be<br />
established at the front of the balconies at the first level<br />
Plan Rev. Plan Name Date<br />
10012 SD03 D Elevations, drawn by MS of Sprout 22.12.10<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Plan Rev. Plan Name Date<br />
Architecture<br />
Amendments 1 Replace the solid balustrades of the first floor balconies with<br />
glass;<br />
2 The solid dividing wall between the two balconies above the<br />
maximum balustrade height at first floor level must be set<br />
back a minimum of 5m from the front boundary. The<br />
remainder of the dividing wall is to have a height no greater<br />
than the maximum balustrade height<br />
3 A minimum 2 metre wide landscaping bed must be<br />
established at the front of the balconies at the first level<br />
4 The building wall of the medical centre (eastern side) must<br />
include 40% glazing;<br />
5 The building wall of the ground level studio unit (western<br />
side) must consist of rock cladding; and<br />
6 A minimum 1 metre wide landscaping bed must be<br />
established on the eastern side of the lobby on the ground<br />
level<br />
Plan Rev. Plan Name Date<br />
10012 SD04 D Sections, drawn by MS of Sprout 22.12.10<br />
Architecture<br />
Amendments 1 Replace the solid balustrades of the first floor balconies with<br />
glass;<br />
2 The solid dividing wall between the two balconies above the<br />
maximum balustrade height at first floor level must be<br />
setback a minimum of 5m from the front boundary. The<br />
remainder of the dividing wall is to have a height no greater<br />
than the maximum balustrade height<br />
3 A minimum 2 metre wide landscaping bed must be<br />
established at the front of the balconies at the first level; and<br />
4 The building wall of the ground level studio unit (western<br />
side) must consist of rock cladding<br />
Plan Rev. Plan Name Date<br />
Drawing No. B Stormwater Management Plan – Job Ref No 01.10.10<br />
MODEL<br />
SC2650, Drawn by SFD, August 2010<br />
Amendments 1 The bio-filter component must be amended to include a<br />
drainage layer and transitional layer as described in the<br />
Healthy Waterways Construction and Establishment<br />
Guidelines for Vegetated Systems<br />
2 Overflow pits as described in the Healthy Waterways<br />
Construction and Establishment Guidelines for Vegetated<br />
Systems must be provided to the bioretention component<br />
3 To prevent lateral flow, an impermeable wall must be<br />
provided between the bioretention and detention/infiltration<br />
components. Water that exceeds the extended detention<br />
depth needs to be directed via piping from the overflow pits to<br />
the infiltration system to prevent short circuiting of filtrate<br />
through lateral flow and subsequent leaking out of untreated<br />
water<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
ADVISORY NOTES<br />
These Advisory Notes do not form part of this approval or the conditions attached thereto.<br />
The following Advisory Notes are intended to provide guidance to the applicant where<br />
necessary and inform the applicant of actions that <strong>Council</strong> may take with respect to the<br />
development site or the approval:<br />
Infrastructure Contributions<br />
(a) An advice notice outlining the estimated infrastructure contributions payable and the<br />
basis for their calculation under the current Planning Scheme Policies is attached with<br />
this Development Permit.<br />
(b) For properties located in the catchment area for Unitywater’s “SEQ Infrastructure<br />
Charges Schedule (Water Supply & Wastewater)”, this development permit may trigger<br />
an Infrastructure Charge (if applicable) to be issued in accordance with the<br />
Infrastructure Charges Schedule and the “Sustainable Planning Act 2009".<br />
(c) Please contact <strong>Council</strong>'s Infrastructure Charges Officer (email:<br />
icinfo@sunshinecoast.qld.gov.au) a minimum of 5 business days prior to payment of<br />
the infrastructure contributions so a payment advice detailing the amounts applicable at<br />
the time of payment may be issued to accompany the payment.<br />
(d) Payment of infrastructure contributions and charges will not be accepted by credit card<br />
transaction.<br />
Water Meters<br />
(e) As of 1 January 2008, sub-metering of new multi-unit residential and non-residential<br />
premises is a mandatory requirement under the Queensland Development Code<br />
(QDC). Refer to the following website for more information –<br />
http://www.lgp.qld.gov.au/planning/?id=7035<br />
Unitywater<br />
(f)<br />
Connection to Unitywater live water mains must be undertaken by Unitywater at the<br />
applicant’s cost.<br />
(g) A 100mm diameter AC watermain is located within the road boundary fronting the<br />
development site in Bindaree Crescent. Construction works, heavy traffic crossing the<br />
main, excessive vibration and excavation close to the main may cause damage to the<br />
pipe. Extreme care is required when working close to this infrastructure. All costs<br />
associated with repair, replacement or alteration of infrastructure must be met by the<br />
applicant.<br />
Integrated Water Management<br />
(h) The development is required to be provided with stormwater quality improvement<br />
devices and stormwater harvesting devices, in accordance with the approved plans, in<br />
order to demonstrate compliance with the Stormwater Management Code. Therefore,<br />
the approval of the hydraulics plans as part of this development permit extends only to<br />
the stormwater quality and stormwater harvesting/re-use concept of the design but not<br />
the detailed plumbing and drainage design included in those plans. Those aspects will<br />
require further approval at the time a building application is submitted for approval of<br />
plumbing and drainage works.<br />
(i) Internal water and sewer design drawings lodged with this application are not<br />
approved. A development permit for plumbing and drainage works must be obtained<br />
from <strong>Council</strong>’s Building Services and Plumbing Services Branches in relation to these<br />
works.<br />
(j) To assist <strong>Council</strong> to undertake an integrated assessment of the operational works<br />
application, all aspects of the works should be included in 1 application.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
(k)<br />
Rainwater reuse has been conceptually assessed as part of this application in the<br />
context of determining compliance with the Code for Integrated Water Management.<br />
The Queensland Development Code (MP 4.2) specifies Water Saving Targets which<br />
will also apply to this development. Assessment against the Queensland Development<br />
Code has not been undertaken as part of this operational works application. As part of<br />
the further approvals for this site compliance with the Queensland Development Code<br />
(MP 4.2) is likely to be required. Where the requirements of the Queensland<br />
Development Code and the conditions of this approval are inconsistent then the most<br />
stringent requirements (ie. greatest rainwater storage volume, greatest number of reuse<br />
fixtures) should take precedence in order to ensure that the intent of both this approval<br />
and the Queensland Development Code are complied with.<br />
Supporting Information for an Operational Works Application<br />
(l) Operational Works applications are occasionally lodged with the <strong>Sunshine</strong> <strong>Coast</strong><br />
Regional <strong>Council</strong> not containing supporting information such as:<br />
(a) Construction & Traffic Management Plan<br />
(b) Integrated Water Management Plan<br />
(c) Engineering Certification (Generally to format within Appendix A of Planning<br />
Scheme Policy 5)<br />
(d) Erosion and Sediment Control Plans, including E&SC Certification<br />
(e) Detail for the payment of Q-Leave<br />
It is in the interests of the applicant to assess the requirements of the Material Change<br />
of Use approval, refer to the requirements of the Planning Scheme and submit an<br />
Operational Works application which includes all the information required by <strong>Council</strong>.<br />
Section 2.1 of Planning Scheme Policy No.5 - Operational Works should be used as a<br />
checklist to ensure the best supporting information for the submission of an Operational<br />
Works application.<br />
This will reduce the likelihood of a Further Information Request being issued for the<br />
Operational Works and in turn likely reduce the timeframe for the assessment to be<br />
completed.<br />
Q-Leave<br />
(m) From 1 January 2000, the Building and Construction Industry (Portable Long Service<br />
Leave) Levy must be paid prior to the issue of a development permit where one is<br />
required for the 'Building and Construction Industry'. This applies to Building Works,<br />
Operational Works and Plumbing and Drainage Works applications, as defined under<br />
the Sustainable Planning Act 2009, where the works are $80,000 or more and matching<br />
the definition of 'Building and Construction Industry' under the Building and<br />
Construction Industry (Portable Long Service Leave) Act 1991.<br />
<strong>Council</strong> will not be able to issue a Decision Notice without receipt of details that the<br />
Levy has been paid. Should you require clarification in regard to the amendments to<br />
the Building and Construction Industry (Portable Long Service Leave) Act 1991, you<br />
should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855<br />
Equitable Access And Facilities<br />
(n) The plans for the proposed building work have NOT been assessed for compliance with<br />
the requirements of the Building Code of Australia – Part D3 as they relate to people<br />
with disabilities. Your attention is also directed to the fact that in addition to the<br />
requirements of the Building Code of Australia – Part D3 as they relate to people with<br />
disabilities, one or both of the following may impact on the proposed building work:<br />
(a) The Disability Discrimination Act 1992 (Commonwealth)<br />
(b) Anti-Discrimination Act 1991 (Queensland)<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
<strong>Sunshine</strong> <strong>Coast</strong> Regional <strong>Council</strong> recommends that the following matters be<br />
considered to address equitable access and facilities in the building:<br />
(a) The building and environs should be designed to meet the requirements of the<br />
Human Rights and Equal Opportunity Commission “Advisory Notes on Access<br />
to Premises” and AS 1428.2<br />
(b) Applicants should be aware that a “Disability Standard on Access to premises”<br />
is currently being developed and most likely will impose changes on the<br />
Building Code of Australia<br />
(c) Any services and facilities in the building complex should allow independent,<br />
dignified and equitable use of the services and facilities for all people.<br />
Aboriginal Cultural Heritage Act 2003<br />
(o) There may be a requirement to establish a Cultural Heritage Management Plan and/or<br />
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.<br />
The ACH Act establishes a cultural heritage duty of care which provides that: “A<br />
person who carries out an activity must take all reasonable and practicable measures<br />
to ensure the activity does not harm Aboriginal cultural heritage.” It is an offence to fail<br />
to comply with the duty of care. Substantial monetary penalties may apply to<br />
individuals or corporations breaching this duty of care. Injunctions may also be issued<br />
by the Land and Resources Tribunal, and the Minister administering the Act can also<br />
issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural<br />
heritage or the cultural heritage value of Aboriginal cultural heritage.<br />
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to<br />
discuss any obligations under the ACH Act.<br />
PROPERTY RECORD NOTATIONS<br />
The following property record notation applies to the development site:<br />
1 The development of this site has been approved subject to ongoing compliance with<br />
specific Stormwater Management performance requirements. It is the owner’s<br />
responsibility to maintain and manage the site to ensure that discharges from the site<br />
comply with the appropriate water quality standards (EPP (Water) 1997), in<br />
accordance with the conditions of development. Authorised personnel may, at any<br />
time in the future, audit the performance of the stormwater management system and<br />
the quality of discharges from the site to ensure compliance with the conditions of<br />
development. For further information or advice about the ongoing management of<br />
stormwater runoff from the site, please call <strong>Council</strong>’s Environment Department<br />
(<strong>Council</strong> reference: MCU10/2015).<br />
PRELIMINARY APPROVAL OVERRIDING SCHEME<br />
Not Applicable<br />
FURTHER DEVELOPMENT PERMITS REQUIRED<br />
Development Permit for Operational Works (Frontage Works, Landscaping, Stormwater<br />
Management, Car Parking)<br />
Development Permit for Building Work<br />
Development Permit for Plumbing and Drainage Work<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
APPLICABLE CODES<br />
The applicant must comply with the following codes for self-assessable development related<br />
to this development approval:<br />
For Advertising Devices:<br />
• Code for the Siting and Design of Advertisements<br />
REASONS FOR APPROVAL DESPITE CONFLICTS IN ACCORDANCE WITH S3.5.15(2)<br />
Not Applicable<br />
REASONS FOR REFUSAL<br />
Not Applicable<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
4.1.4 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF<br />
PREMISES - PRELIMINARY APPROVAL TO OVERRIDE THE PLANNING<br />
SCHEME TO ESTABLISH A LOW IMPACT INDUSTRY (STRUCTURE PLANNING<br />
APPROVAL) OVER LOT 1 SP145632, 345 PIERCE AVENUE, BELLS CREEK<br />
File No: 2007/510006<br />
Author/Presenter: Principal Development Planner, Planning Assessment, John<br />
Borthwick<br />
Appendices: Appendix A - Conditions of approval (SPC Pg 134)<br />
Attachments: Att 1 - Aerial Photo (SPC Att Pg 125 )<br />
Att 2 - Precinct Plan (SPC Att Pg 126)<br />
Att 3 - Proposed 345 Pierce Avenue Structure Plan Nov 2010<br />
(SPC Att Pg 127)<br />
Att 4 - Referral Agency Conditions (SPC Att Pg 142)<br />
Planning Instrument: Caloundra City Plan 2004<br />
Applicant:<br />
RC Rowley, BA Rowley<br />
Consultant (if applicable):<br />
Dillon Folker Stephens Pty Ltd<br />
Application Number: 2007/510006<br />
Division: 1<br />
Properly Made Date: 2 March 2007<br />
Information Request Date:<br />
Referral Coordination Department of Local<br />
Government Sport and Recreation issued<br />
Information request 10 April 2007.<br />
Changed Application 7 July 2010<br />
Department of Infrastructure and Planning<br />
Issued Information Request 17 November<br />
2010.<br />
Information Response Received Date: 24/11/2010<br />
Proposal: Preliminary Approval to Override the<br />
Planning Scheme to Establish a Low Impact<br />
Industry Development. (Structure Planning<br />
Approval)<br />
Assessment Type:<br />
Impact<br />
No. of Submissions:<br />
Nil<br />
Property Address:<br />
345 Pierce Ave, Bells Creek<br />
Property No: 212981<br />
RPD: Lot 1 SP 145632<br />
SEQRP:<br />
Urban Footprint<br />
Land Area:<br />
16,97ha<br />
Strategic Plan Designation:<br />
Not Applicable<br />
Planning Area:<br />
Caloundra South<br />
Planning Precinct:<br />
Core Industry<br />
Existing Use of Land:<br />
Vacant<br />
PURPOSE<br />
The purpose of this report is to seek council’s determination of an application for a<br />
Preliminary Approval to Override the Planning Scheme to Establish a Low Impact Industry<br />
(Structure Plan Approval) in accordance with Section 3.1.6 of the Integrated Planning Act.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
EXECUTIVE SUMMARY<br />
The subject site is located within the Caloundra South Core Industrial Area. The applicant<br />
has an existing Planning and Environment Court approval for the reconfiguration of Lot 1 SP<br />
145632 into 20 Core Industry Lots and a Reserve for Environmental Purposes. The approved<br />
Core Industry lots vary in size from 1,263m² to 3,481m². The survey plan for this<br />
development has not been sealed and no works have occurred on the site.<br />
The current application seeks a Section 3.1.6 Preliminary Approval under the Integrated<br />
Planning Act 1997 to override the planning scheme to allow for Low Impact Industry uses to<br />
occur over the approved sites. Essentially, the applicant is requesting the preliminary<br />
approval to allow for a greater variety of business and industry uses to occur over these<br />
smaller lots rather than those more intensive industries permitted by the Core Industry<br />
designation.<br />
The applicant has prepared a Structure Plan and the 345 Pierce Avenue Code, which will<br />
guide future development on the proposed sites, as well as form the ‘Applicable Code’ for the<br />
assessment of future development applications. The proposed 345 Pierce Avenue Structure<br />
Plan also refers to the Low Impact Industry Development Assessment Table of the<br />
Caloundra City Plan 2004 for the relevant level of assessment and codes required for future<br />
land uses.<br />
The application was subject to the public notification process and no submissions were<br />
received.<br />
OFFICER RECOMMENDATION<br />
That <strong>Council</strong>:<br />
(a) grant a Preliminary Approval, for Application 2007/510006 by RC Rowley and<br />
BA Rowley, to Override the Planning Scheme to Establish a Low Impact<br />
Industry Development at 345 Pierce Ave Bells Creek, described as Lot 1 SP<br />
145632 subject to the conditions of approval as outlined in Appendix A;<br />
(b) find the following are sufficient planning grounds to justify the decision,<br />
despite the conflict with the Planning Scheme:<br />
(i) the lots have already been approved through a code assessable<br />
reconfiguration of a lot application process;<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
the application is consistent with the Desired Environmental Outcomes<br />
of the Caloundra City Plan 2004;<br />
the proposal complies substantially with the relevant codes and policies<br />
of the Caloundra City Plan 2004;<br />
the proposed 345 Pierce Avenue Structure Plan and Code only changes<br />
the level of assessment for future development of the site, all other<br />
codes and policies of the Caloundra City Plan 2004, will still apply to<br />
future development;<br />
the proposed 345 Pierce Avenue Code against which all future<br />
development applications will be assessed upholds all the requirements<br />
of the Caloundra City Plan 2004;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
(vi)<br />
(vii)<br />
(viii)<br />
(ix)<br />
the proposal is consistent with the immediately adjacent Low Impact<br />
industry in the Caloundra Regional Business and Industry Park to the<br />
east and forms a natural extension of this through Claude Boyde<br />
Avenue;<br />
the proposal provides linkage through the site to the industry site to the<br />
west;<br />
the proposed Low Impact Industry uses would also be appropriate with<br />
the approved small lots ranging in size from 1,263m² to 3,481m²; and<br />
the proposal will create the opportunity for a greater range of industry<br />
uses to establish in the area.<br />
FINANCE AND RESOURCING<br />
There are no financial implications associated with this application. Infrastructure<br />
contributions are required as a condition of the approved Reconfiguration of a Lot<br />
application. 2005/520055. Future development applications will be subject to infrastructure<br />
contributions in accordance with the Caloundra City Plan 2004 Infrastructure Contributions<br />
Planning Scheme Policies.<br />
INTRODUCTION<br />
Background/Site History<br />
The subject site is included within the Core Industry Precinct of the Caloundra South<br />
Planning Area Code - Caloundra City Plan 2004 (see Attachments 1 and 2). The original<br />
code assessable Reconfiguration of a Lot application for 21 Lots (Business and Industry)<br />
was submitted on 6 October 2005). That application proposed lots adjacent to Pierce<br />
Avenue to be ‘used for business and low impact industrial uses.’<br />
<strong>Council</strong> officers in that information request pointed out that the reconfiguration application<br />
would not secure land use rights or protect future arrangements, other than the most basic<br />
Core Industry development rights. It was suggested that the most appropriate way to<br />
develop the controls necessary to ensure appropriate development of the site (for Business<br />
and Low Impact Industry) was to lodge a development application for a Preliminary Approval<br />
Overriding the Planning Scheme in accordance with section 3.1.6 of the Integrated Planning<br />
Act 1997.<br />
This proposal would allow for the current range of core industrial uses (currently preferred) to<br />
be altered as well as establish the necessary controls over future development of the site for<br />
low impact industry purposes. The development would also be consistent with the Low<br />
Impact Industry to the immediate east of the site in the Caloundra Regional Business &<br />
Industrial Park. The proposed development forms a natural extension of this area through<br />
the extension of Claude Boyde Parade. Furthermore, low impact type industry would be<br />
consistent with and would complement the small lots that were proposed at the time and now<br />
approved.<br />
In response, the applicant lodged the current application for a preliminary approval to run<br />
concurrently with the reconfiguration of a lot application appeal. The reconfiguration of a lot<br />
application was approved in part and then was subject to an appeal. The preliminary<br />
approval application was put on hold pending the outcome of the Planning and Environment<br />
Court Appeal (Appeal No.281 of 2007) relating to the reconfiguration of the lot on the subject<br />
site. The appeal was decided and the Courts final order was handed down on 15 April 2010.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
As a result of the Court decision, a number of changes had to be made to the proposed<br />
structure plan for the site in order to make it consistent with the Court Order. On 7 July 2010,<br />
the applicant submitted a changed application prior to a decision being made which meant<br />
the application reverted back to the acknowledgment stage and was subject to the referral<br />
coordination process again. An information request was issued by the Department of<br />
Infrastructure and Planning on 17 November 2010 and the applicant provided a response to<br />
council on 24 November 2010.<br />
Site Description<br />
The site is located at 345 Pierce Avenue, Bells Creek. The site has an area of approximately<br />
16.97ha with frontage to Pierce Avenue of about 246 metres. The site is currently vacant.<br />
The site is recognised as holding significant vegetation. However, the proposed development<br />
avoids these areas. The site falls from the north to the south and contains a mix of moderate<br />
to gentle slopes. A tributary of Lamerough Creek traverses the site from west to east<br />
approximately one third of the way southwards on the site from Pierce Avenue. Parts of the<br />
site are subject to inundation and an extensive wetland is located predominantly to the south<br />
of the tributary.<br />
Surrounding Uses<br />
• East - The Caloundra Regional Business and Industry Park, Low Impact Industrial<br />
Lots;<br />
• South - Open Space – Conservation and Waterways;<br />
• West - Vacant Core Industrial Lot (Existing Application for a Truss Manufacturing<br />
Plant (MCU10/2062)); and<br />
• North – Pierce Avenue and then Park Reserve.<br />
Proposal<br />
The application is for a Preliminary Approval Overriding the Planning Scheme for a Material<br />
Change of Use to Establish a Low Impact Industry (Structure Plan), and proposes that<br />
development of the site proceed in accordance with the 345 Pierce Avenue Structure Plan<br />
(Attachment 3 – 345 Pierce Avenue Structure Plan and Code).<br />
The abovementioned component is explained in greater detail below.<br />
Preliminary Approval – Structure Plan – 345 Pierce Avenue<br />
Under the Caloundra City Plan 2004, the subject site is identified as Core Industry and a<br />
natural extension of the Caloundra Regional Business and Industry Park to the east.<br />
The 345 Pierce Avenue Structure Plan overrides the provisions of the Caloundra City Plan<br />
2004 to alter the current range of preferred uses (Core Industry) and establishes a set of<br />
measures to control the future development of the site for Low Impact Industrial uses.<br />
The site will be subject to the 345 Pierce Avenue Structure Plan, which has been prepared to<br />
satisfy the requirements of the Structure Plan Code of the Caloundra City Plan 2004 and to<br />
ensure that the development on the subject site integrates with that to the west (future<br />
industrial development) and with the Caloundra Regional Business and Industry Park to the<br />
east.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The Structure Plan does the following:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
divides the site into three (3) separate Land Use Areas (Low Impact Industry,<br />
Reserve for Environmental Purposes and Drainage Reserve);<br />
proposes alternative Development Assessment Tables for each of these Land Use<br />
Areas;<br />
identifies a transport and circulation network for the site;<br />
incorporates specific measures designed to manage any potential environmental<br />
impacts; and<br />
includes a Code (345 Pierce Avenue Code), which will apply to development within<br />
the site and provide additional and/or alternative specific outcomes and probable<br />
solutions to the Caloundra City Plan 2004.<br />
The proposed Master Plan consists of the following:<br />
(i)<br />
345 Pierce Avenue Structure Plan<br />
Key Elements<br />
The 345 Pierce Avenue Structure Plan is applicable to all proposed development over<br />
the subject site.<br />
The Structure Plan provides additional and/or alternative planning provisions to the<br />
Caloundra City Plan 2004. Where any proposed development conflicts with the<br />
requirements of the Caloundra City Plan 2004, the Structure Plan will take<br />
precedence. The Structure Plan comprises the following:<br />
• a description of Key Elements of the Structure Plan;<br />
• development assessment tables; and<br />
• a code to control development of the subject site.<br />
The Site Development Plan identifies three different Land Use Areas. These include:-<br />
• Land Use Area 1 – Low Impact Industry<br />
• Land Use Area 2 - Reserve for Environmental Purposes<br />
• Lands Use Area 3 – Drainage Reserve<br />
Land Use Area 1 is intended for smaller scale low impact service and light industry<br />
activities (subject land currently intended for Core Industrial uses).<br />
Land Use Area 2 is intended to protect those parts of the site with the most<br />
significant ecological values which includes essential habitat and vegetation mapped<br />
as part of the regional Ecosystems 12.3.4 (remnant, not of concern) and 12.3.13<br />
(remnant, of concern). Land Use Area 2 will also provide a vegetation and habitat link<br />
to the conservation areas to the east and west.<br />
Land Use Area 3 is intended to detain and treat stormwater collected from the<br />
development within Land Use Area 1. Parts will used for maintenance and fire<br />
access. Minimal development is intended within this land use area apart from<br />
facilities associated with stormwater management, maintenance and fire access and<br />
rehabilitation works.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Development Assessment Tables<br />
The assessment categories and assessment criteria as set out in Part 4, Section<br />
4.2.2, Table 4.2.2 (c) Low Impact Industry Precinct of the Caloundra City Plan 2004<br />
will apply to Land Use Area 1. In addition to the “Applicable Codes: outlined in Part 4,<br />
Section 4.2.2, Table 4.2.2 (c) Low Impact Industry Precinct of the Caloundra City Plan<br />
2004, the 345 Pierce avenue Structure plan shall also form an “Applicable Code” for<br />
the assessment of future development applications.<br />
For Land Use Area 2 - Reserve for Environmental Purposes and Land Use Area 3 -<br />
Drainage Reserve, the assessment categories and assessment criteria as set out in<br />
Part 4, Section 4.2.2, Table 4.2.2(f) Open Space Conservation and Waterways<br />
Precinct of the Caloundra City Plan 2004 apply. In addition to the “Applicable Codes”<br />
outlined in Part 4, Section 4.2.2, Table (f) Open Space Conservation and Waterways<br />
Precinct of the Caloundra City Plan 2004, the 345 Pierce Avenue Code will also form<br />
an “Applicable Code” for assessment of future development applications.<br />
345 Pierce Avenue Code<br />
This code provides assessment criteria for development in the Structure Plan Area. It<br />
is intended to act as an additional code to the Caloundra City Plan 2004 and is to be<br />
read in conjunction with the Caloundra City Plan 2004 - Caloundra South Planning<br />
Area Code and Industry Code for the subject site. Where any proposed development<br />
conflicts with the requirements of the Caloundra City Plan 2004, the Structure Plan<br />
will take precedence.<br />
It is drafted in a similar fashion to a planning area code and contains overall<br />
outcomes, specific outcomes, probable solutions for code assessable development<br />
and acceptable solutions for self assessable development. This code is not intended<br />
to replace the detailed development requirements contained within the various<br />
“Overlay Codes”, “Use Codes” and “Other Codes” in the Planning Scheme.<br />
ASSESSMENT<br />
State Planning Policies<br />
The following State Planning Policies are applicable to this application:<br />
• SPP1-02 – Development in the Vicinity of Certain Airports and Aviation Facilities;<br />
• SPP1-03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide; and<br />
• SPP2-02 – Planning & Managing Development Involving Acid Sulfate Soils.<br />
Caloundra City Plan 2004 has been drafted with regard to the provisions of the<br />
abovementioned State Planning Policies. The Aviation Affected Area Code, the Acid Sulfate<br />
Soils Code and the Flood Management Code within Caloundra City Plan 2004 are relevant to<br />
the development proposal and an assessment against these codes has been undertaken.<br />
The proposal is not impacted by these policies. Future development applications will be<br />
required to consider these policies.<br />
South East Queensland Regional Plan<br />
The subject site is included in the ‘Urban Footprint’ in the South East Queensland Regional<br />
Plan. The Regulatory Provisions of the Regional Plan do not apply to this development<br />
application.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Growth Management Position Paper<br />
The <strong>Sunshine</strong> <strong>Coast</strong> Growth Management Position Paper was prepared as a basis for a<br />
submission to the State government for consideration in its review of the South East<br />
Queensland Regional Plan 2005 - 2026. The Growth Management Position Paper is a<br />
summary document that confirms and modifies the draft Local Growth Management<br />
Strategies. Each Local Growth Management Strategy acts as a background document for<br />
this Position Paper.<br />
This document identifies the State government’s <strong>Sunshine</strong> <strong>Coast</strong> Regional Business and<br />
Industry Park and its extension under the draft Caloundra City Local Growth Management<br />
Strategy. The approach of the Position Paper is that the focus for future industrial<br />
development is contained within the existing enterprise and industrial areas to 2031. The<br />
Position Paper recommends that the South East Queensland Regional Plan 2009 – 2031<br />
provisions recognise opportunities on the <strong>Sunshine</strong> <strong>Coast</strong> for alternative business and<br />
industry activity including clean, green, innovative industries.<br />
This application supports that objective by allowing Low Impact Industry to occur, thus,<br />
providing a greater variety of business and industrial uses to establish, while utilising existing<br />
designated industrial land.<br />
Planning Scheme<br />
Desired Environmental Outcomes<br />
Caloundra City Plan 2004 contains six Desired Environmental Outcomes which relate to:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
Economic Development;<br />
Community Life and Wellbeing;<br />
Natural Assets and Systems;<br />
Character and Identity;<br />
Access and Mobility; and<br />
Infrastructure.<br />
The Desired Environmental Outcomes are based on ecological sustainability as defined by<br />
the Integrated Planning Act 1997 and are the basis for the measures contained within<br />
Caloundra City Plan 2004. An assessment of the proposal against the Desired<br />
Environmental Outcomes finds that the proposed 345 Pierce Avenue Structure Plan is<br />
consistent with and complements the Desired Environmental Outcomes.<br />
Precinct Intent<br />
The subject site is located in the Caloundra South Planning Area, and the Core Industry<br />
Precinct.<br />
The applicable overall outcomes of the Caloundra South Planning Area include:<br />
Industrial development within the Planning Area is consolidated and contained to the<br />
Core Industry Precinct allocated to the Caloundra Road Industrial Estate and the<br />
proposed Caloundra Regional Business and Industry Park south of Pierce Avenue.<br />
The proposed application will consolidate industrial development in the area as it forms a<br />
natural extension of Claude Boyd Parade. It will also allow Low Impact Industry development<br />
adjacent to what are already approved Low Impact Industry sites.<br />
The Caloundra regional business and industry park provides a modern and visually<br />
appealing industry park with a high level of environmental performance and design.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The industry park is protected from incompatible development that may adversely<br />
affect operations and avoids significant adverse affects on adjoining residential areas.<br />
Access to the industry park is supported by regular public transport services and the<br />
cycle pathway to Caloundra and Landsborough.<br />
The proposed 345 Pierce Avenue Structure Plan and Code includes Overall Outcomes,<br />
Specific Outcomes and Acceptable measures that will ensure that the future development of<br />
the lots will have a high level of environmental performance and design. In addition, the<br />
range of proposed uses is compatible with the adjacent Caloundra Regional Business and<br />
Industry Park to the east of the site.<br />
Development in the Planning Area implements best practice environmental<br />
management to achieve a high standard of water quality entering the Moreton Bay<br />
Marine Park and Pumicestone Passage catchment.<br />
This is achieved in the approved reconfiguration of a lot approval. However, the 345 Pierce<br />
Avenue Structure Plan and Code provides for stormwater retention and treatment areas<br />
within Drainage Reserve – Land Use Area 3. In addition, each individual lot will be required<br />
to incorporate stormwater quality improvement devices designed to meet current best<br />
practice reductions in mean annual pollutant load leaving the individual lot.<br />
Development in the Planning Area does not adversely affect the continued operation<br />
and viability of infrastructure.<br />
The proposed development will connect to the existing infrastructure network in the<br />
Caloundra Regional Business and Industrial Park. The decision notice for the approved<br />
reconfiguration of a lot includes a condition requiring infrastructure contributions to be made<br />
as part of that subdivision. Future development applications will be subject to infrastructure<br />
contributions in accordance with the Caloundra City Plan 2004 Infrastructure Contributions<br />
Planning Scheme Policies.<br />
PREFERRED AND ACCEPTABLE USES<br />
The preferred and acceptable uses are in currently accordance with the Precincts and Other<br />
Elements Code for the existing Core Industry Precinct. However, the 345 Pierce Avenue<br />
Structure Plan proposes assessment against the Low Impact Industry Precinct designation.<br />
This will allow some flexibility in types of land uses and levels of assessment for various<br />
business and industry uses. However, it will also make some Core Industrial Uses<br />
inconsistent in the Low Impact Industry designation such as “industry high impact” uses.<br />
LANDSCAPE AND BUILT FORM<br />
The 345 Pierce Avenue Structure Plan Code requires that development on this site is<br />
modern and visually appealing and has a high standard of environmental performance.<br />
Buildings are to be designed to achieve a high standard or architectural design<br />
commensurate with industrial uses. Development is to be designed to maximize energy<br />
efficiency and exhibit a high standard of architectural and landscape design. This is exactly<br />
the same requirement under the existing Core Industry designation.<br />
OVERLAYS/SPECIAL MANAGEMENT AREAS<br />
The site is subject to the following Overlays.<br />
• Acid Sulfate Soils<br />
• Natural Waterways and Wetlands<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
• Biting Insects<br />
• Aviation Affected Area<br />
• Bushfire Hazard Management<br />
These overlays were assessed as part of the reconfiguration of a lot application number<br />
2005/520055, and form part of that approval. This application does not impact on these<br />
overlays. However, future development applications over the approved sites will be subject to<br />
assessment against these overlays.<br />
TRAFFIC AND TRANSPORT CONSIDERATIONS<br />
Traffic and Transport linkages were assessed as part of the approved reconfiguration of a lot<br />
application number 2005/520055. The approved reconfiguration forms an extension of<br />
Claude Boyd Parade and provides future linkage through the subject site to the industrial<br />
lands to the west. Section 2.2 of the 345 Pierce Avenue Structure Plan and Structure Plan<br />
Map 3 provides details of the transport and circulation network.<br />
Applicable Codes<br />
The application is required to be assessed against the entire Planning Scheme. However,<br />
the following Codes are particularly relevant:<br />
Planning Area Codes<br />
• Caloundra South Planning Area Code<br />
Overlay Codes<br />
• Acid Sulfate Soils Code;<br />
• Aviation Affected Area Code;<br />
• Biting Insects Code;<br />
• Flood Management Code;<br />
• Habitat and Biodiversity Code; and<br />
• Natural Waterways and Wetlands Code.<br />
Other Codes<br />
• Industry Code;<br />
• Civil Works Code;<br />
• Climate and Energy Code;<br />
• Filling and Excavation Code;<br />
• Landscaping Code;<br />
• Nuisance Code;<br />
• Stormwater Management Code;<br />
• Parking and Access Code;<br />
• Filling and Excavation Code; and<br />
• Structure Planning Code.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The Low Impact Industry designation is considered appropriate within this development<br />
because of the small lots approved under the reconfiguration of a lot application<br />
2005/5200055. In addition, the Low Impact Industry designation is compatible with the<br />
already approved Low Impact Industry designation in the Caloundra Regional Business and<br />
Industry Park to the east. That area provides a large area of Core Industry land for more<br />
intensive industrial uses at its southern end.<br />
The application generally complies with all of the above applicable codes. Most of these<br />
codes plus the 345 Pierce Avenue Structure Plan Code will be applicable for the assessment<br />
of future development applications over this site.<br />
REFERRALS<br />
Internal Referrals<br />
The application was forwarded to the following internal specialists:<br />
• Engineering;<br />
• Hydrology and Hydraulics;<br />
• Environment;<br />
• Environmental Health; and<br />
• Strategic Planning.<br />
Their assessment forms part of this report.<br />
External Referrals<br />
REFERRAL AGENCIES<br />
This application was submitted under the Integrated Planning Act 1997, and at the time was<br />
required to follow the referral coordination process. The application was therefore referred to<br />
the Department of Infrastructure & Planning to coordinate the information and referral<br />
process. The following Referral Agencies are applicable to this application.<br />
Advice<br />
• Department of Infrastructure and Planning<br />
No requirements.<br />
• Department of Environment and Resource Management<br />
By letter 26 November 2010, The Department of Environment and Resource<br />
Management provided conditions of approval (Attachment 4 - Department of<br />
Environment and Resource Management - Conditions)<br />
SUBMISSIONS<br />
The application was publicly notified in accordance with requirements of the Integrated<br />
Planning Act 1997. No submissions were received.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
CONCLUSION<br />
The assessment has found that the development proposed in the Structure Plan and 345<br />
Pierce Avenue Code is consistent with the Desired Environmental Outcomes and the<br />
relevant codes within the Planning Scheme. Approval of the application subject to conditions<br />
is recommended.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
APPENDIX A - CONDITIONS OF APPROVAL<br />
DEVELOPMENT APPROVAL DETAILS<br />
Extent of Approval: in full with conditions as specified in the Conditions Section<br />
contained herein.<br />
Type of Approval Issued<br />
• Development Permit for a Material Change of Use of Premises – Preliminary Approval to<br />
Override the Planning Scheme to Establish a Low Impact Industry<br />
Relevant Period<br />
The relevant period of this development approval is four (4) years from the date that this<br />
development approval takes effect.<br />
ASSESSMENT MANAGER CONDITIONS<br />
This development approval is subject to compliance with the following assessment manager<br />
conditions:<br />
PLANNING<br />
1. development is to be in accordance with the endorsed 345 Pierce Avenue Structure<br />
Plan (November 2010) and Code (except where varied by these conditions of<br />
approval);<br />
2. the level of assessment and applicable codes for defined uses are set out in Section<br />
3 of the 345 Pierce Avenue Structure Plan;<br />
‘Defined uses’ and ‘use classes’ are as defined in Part 3 – Interpretation of Caloundra<br />
City Plan 2004;<br />
3. the development of this site must comply with all the applicable codes (including<br />
overlay codes) and policies of the Caloundra City Plan 2004, as well as the 345<br />
Pierce Avenue Structure Plan Code;<br />
4. where there is any potential conflict with the applicable codes of the Caloundra City<br />
Plan 2004, the Overall Planning Outcomes set out in Section 4.4 – Overall Outcomes<br />
of the 345 Pierce Avenue Structure Plan take precedence;<br />
PLANS / DOCUMENTS<br />
The approved plans and / or documents for this development approval are listed in the<br />
following tables:<br />
Plan/Document Rev. Plan/Document Name Date<br />
Structure Plan - - Structure Plan - 345 Pierce Avenue, November<br />
345 Pierce Avenue<br />
prepared by Dillon Folker Stephens 2010<br />
Town Planners<br />
Map 1 - Land Use Areas – 345 Pierce Avenue,<br />
Caloundra, prepared by Dillon Folker<br />
Stephens Town Planners<br />
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November<br />
2010
Strategy and Planning Committee Agenda 16 February 2011<br />
Plan/Document Rev. Plan/Document Name Date<br />
Map 2 - Site Development Plan - 345 Pierce<br />
Avenue, Caloundra, prepared by Dillon<br />
Folker Stephens Town Planners<br />
Map 3 - Transport & Circulation - 345 Pierce<br />
Avenue, Caloundra, prepared by Dillon<br />
Folker Stephens Town Planners<br />
Plant Schedule<br />
As<br />
amended<br />
by SCRC<br />
345 Pierce Avenue Structure Plan –<br />
plant Schedule<br />
November<br />
2010<br />
November<br />
2010<br />
January<br />
2011<br />
ADVISORY NOTES<br />
(a)<br />
the relevant period for the development approval (preliminary approval overriding the<br />
planning scheme for a Material Change of Use of Premises to Establish a Low Impact<br />
Industry (Structure Planning Approval) shall be four (4) years starting the day the<br />
approval is granted or takes effect. In accordance with Section 3.5.21A of IPA, the<br />
development approval lapses if the development of the whole of Structure Plan area<br />
has not been completed within the abovementioned relevant period. However, if<br />
there are one or more related approvals for the development approval, the relevant<br />
period is taken to have started on the day the latest related approval takes effect.<br />
(Please refer to Section 3.5.21(7) of IPA for the meaning of related approval).<br />
An applicant may request <strong>Council</strong> to extend the relevant period provided that such<br />
request is made in accordance with Section 3.5.22 of IPA and before the<br />
development approval lapses under Section 3.5.21of IPA;<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
no development shall take place on the subject land without the appropriate<br />
development permit. To remove doubt, it should be noted that this approval does not<br />
authorise development to occur;<br />
this preliminary approval functions as part of the Integrated Development Assessment<br />
System and assessment of future development is to be in accordance with Chapter 6<br />
of the Sustainable Planning Act 2009 (SPA);<br />
a probable solution identified for a specific outcome provides a guide for achieving<br />
that outcome in whole or in part, and does not limit the assessment manager’s<br />
discretion under the Sustainable Planning Act 2009 to impose conditions on a<br />
development approval;<br />
acceptable solutions are the criteria comprising a code that self- assessable<br />
development must comply with;<br />
a ‘defined use’ which is identified in Section 3 of the 345 Pierce Avenue Structure<br />
Plan Code as self assessable development:<br />
(i)<br />
(ii)<br />
must comply with the acceptable solutions for self assessable development;<br />
and<br />
is code assessable if the defined use does not comply with the acceptable<br />
solutions for self assessable development;<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
(g) Aboriginal Cultural Heritage Act 2003<br />
There may be a requirement to establish a Cultural Heritage Management Plan<br />
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.<br />
The Aboriginal Cultural Act establishes a cultural heritage duty of care which provides<br />
that: “A person who carries out an activity must take all reasonable and practicable<br />
measures to ensure the activity does not harm Aboriginal cultural heritage.” It is an<br />
offence to fail to comply with the duty of care. Substantial monetary penalties may<br />
apply to individuals or corporations breaching this duty of care. Injunctions may also<br />
be issued by the Land and Resources Tribunal, and the Minister administering the<br />
Act can also issue stop orders for an activity that is harming or is likely to harm<br />
Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural<br />
heritage.<br />
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to<br />
discuss any obligations under the ACH Act.<br />
PROPERTY RECORD NOTATIONS<br />
No Applicable<br />
PRELIMINARY APPROVAL OVERRIDING SCHEME<br />
A preliminary approval under section 3.1.6 of IPA has been granted and as such any<br />
development resulting from this approval will be as set out in the approved documents<br />
accompanying the preliminary approval.<br />
FURTHER DEVELOPMENT PERMITS REQUIRED<br />
• Material Change of Use<br />
• Operational Works<br />
• Building Works<br />
• Plumbing & Drainage Works<br />
APPLICABLE CODES<br />
Not Applicable<br />
REASONS FOR APPROVAL DESPITE CONFLICTS IN ACCORDANCE WITH S3.5.15(2)<br />
Not Applicable<br />
REASONS FOR REFUSAL<br />
Not Applicable<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
REFERRAL AGENCY CONDITIONS<br />
External Referral Conditions<br />
The following external referral conditions and advice apply:<br />
(a) The Department of Environment and Resource Management by letter dated 26<br />
November 2010, Ref. IC0307NAM0008_CAL7213/445311 consisting of 7 pages<br />
advised conditions to be attached to the Development Permit for:-<br />
Vegetation, DERM Permit No.eLVAS:2007/003264 – TJ:IC0307NAM0008<br />
Wetlands, DERM Permit No. IPAR02784710 – TJ: IC0307NAM0008; AN445311<br />
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4.1.5 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE - SERVICE &<br />
UTILITY – TYPE 3 TOWER (TELECOMMUNICATION TOWER) AT 1 ILLOURA<br />
PLACE, COOROIBAH<br />
File No:<br />
MCU10/2041<br />
Author/Presenter: Senior Development Planner, Denis Wallace<br />
Attachments: Att 1 - Locality Plan (SPC Att Pg 149)<br />
Att 2 - Proposed Plan (SPC Att Pg 152)<br />
Att 3 - Zoning Map (SPC Att Pg 155)<br />
Planning Instrument:<br />
The Noosa Plan<br />
Applicant:<br />
Telstra Corporation Pty Ltd<br />
Consultant (if applicable):<br />
Aurecon Australia Pty Ltd<br />
Application Number:<br />
MCU10/2041<br />
Division: 12<br />
Properly Made Date: 7 September 2010<br />
Information Request Date: 4 October 2010<br />
Information Response Received Date: 15 October 2010<br />
Proposal:<br />
Material Change of Use for Service &<br />
Utility – Type 3 Tower<br />
(Telecommunication Tower)<br />
Assessment Type:<br />
Impact<br />
No. of Submissions:<br />
21 Properly Made &<br />
24 Not Properly Made<br />
Property Address:<br />
1 Illoura Place, Cooroibah<br />
RPD:<br />
Lot 2 SP213298<br />
SEQRP<br />
Rural Living Area<br />
Land Area:<br />
2.01ha<br />
Locality:<br />
Cooroibah<br />
Zone:<br />
Rural Settlement<br />
Overlays:<br />
Low Potential Acid Sulphate Soils Area<br />
Existing Use of Land:<br />
Detached House<br />
PURPOSE<br />
The purpose of this report is to seek council’s determination of an application for a Material<br />
Change of Use for a 30 metre high telecommunication tower at 1 Illoura Place, Cooroibah.<br />
The application is before council as the proposal received more than 20 public submissions.<br />
EXECUTIVE SUMMARY<br />
The application seeks approval for a new 30 metre high telecommunication tower to provide<br />
3G coverage for mobile phone and broadband internet users on both the Telstra and Optus<br />
networks. The applicant identifies a need for improved coverage in the Cooroibah area and<br />
a number of submissions have been received in support of the proposal, reinforcing this<br />
view.<br />
The tower use is identified as an inconsistent use within the entire Cooroibah locality under<br />
the Noosa Plan, including the Rural Residential zone where the site is located.<br />
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While the applicant is able to demonstrate a degree of planning need for the proposal, to<br />
overcome the planning scheme conflict, the site is not considered large enough or sufficiently<br />
vegetated to be able to adequately buffer the tower to reduce visual and residential amenity<br />
impacts on nearby properties. Furthermore, conditions of approval cannot adequately<br />
address these issues.<br />
The application is therefore recommended for refusal.<br />
OFFICER RECOMMENDATION<br />
That <strong>Council</strong> REFUSE application MCU20/2041 (Telstra Corporation Pty Ltd) for a<br />
Material Change of Use for Service & Utility – Type 3 Tower situated at 1 Illoura Place,<br />
Cooroibah described as Lot 2 SP213298 for the following reasons:<br />
1. the proposal will significantly impact on the visual and residential amenity of<br />
nearby properties;<br />
2. the site is insufficiently vegetated and sized to be able to adequately reduce the<br />
proposal’s impacts on nearby properties;<br />
3. conditions of approval cannot be applied to adequately address the impacts on<br />
the nearby properties; and<br />
4. the proposal conflicts with the Noosa Plan, in particular, provisions of the<br />
Cooroibah locality code, Infrastructure Uses Code and Landscaping Code.<br />
FINANCE AND RESOURCING<br />
Infrastructure Policy Branch indicates the proposal triggers contributions totalling $205<br />
(based on the September 2010 Consumer Price Index), comprising trunk pathway, public<br />
open space and rural roadwork contributions.<br />
INTRODUCTION<br />
Background/Site History<br />
The subject site, and the adjoining allotment to the southeast, were created by development<br />
approval 07/0695 for a 1 into 2 lot subdivision.<br />
Site Description<br />
The subject site is located at the corner of Illoura Place and Jirrima Crescent and is<br />
approximately 2.1 ha in size. The allotment has frontages of approximately 130 metres to<br />
Illoura Place and 100 metres to Jirrima Crescent, with the land sloping gently to the southeast.<br />
The site has been partially cleared with some remaining mature and regrowth vegetation,<br />
including melaleucas, eucalypts, acacias and pines, scattered throughout the lot. The<br />
vegetation has a maximum height of between 10 to 15 metres.<br />
Existing development on the site consists of a detached house and shed near the Illoura<br />
Place frontage. Access is gained via a gravel driveway from that frontage.<br />
Attachment 1 shows a locality plan for the site.<br />
Surrounding Uses<br />
Surrounding development is largely characterised by detached houses on Rural Settlement<br />
zoned allotments. Some tracts of Open Space Conservation land are located to the east and<br />
west and an existing private airstrip is located on Rural zoned land 500 metres to the east.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Proposal<br />
The application seeks to establish a 30 metre high telecommunications tower to provide<br />
wireless 3G network coverage for mobile phones and broadband internet in the Cooroibah<br />
area. The tower will carry both Telstra and Optus antennae, providing coverage for both<br />
their networks. The proposal involves the construction of a steel monopole with 16 panel<br />
and 1 parabolic antennae mounted on the top of the pole. Two small equipment shelters are<br />
proposed at the base of the tower, which is contained within a 90m 2 secured lease area.<br />
The lease enclosure provides a 1.4 metre buffer to the south eastern boundary and 16<br />
metres to the south western boundary. The tower itself provides a minimum setback of 6.5<br />
metres to the south eastern boundary.<br />
In the original application, the tower was proposed at 25 metres high. The applicant<br />
subsequently amended the application to increase the tower height to 30 metres to allow for<br />
the co-location of both Telstra and Optus antennae on the monopole.<br />
The proposed plans of development are included as Attachment 2.<br />
ASSESSMENT<br />
Noosa Iconic Panel<br />
The Noosa Iconic Panel has reviewed the proposal and advised that <strong>Council</strong> is to remain the<br />
Assessment Manager for this application.<br />
State Planning Policies/Management Plans<br />
The following State Planning Scheme Policies are applicable to this Application:<br />
- SPP2/02 Planning and Managing Development Involving Acid Sulfate Soils<br />
This State Planning Policy has been deemed by the Minister for Local Government and<br />
Planning as being appropriately reflected in <strong>Council</strong>’s planning scheme and, therefore, does<br />
not warrant a separate independent assessment.<br />
South East Queensland Regional Plan<br />
The development site is within the Rural Living Area of the South East Queensland Regional<br />
Plan. The proposed use is consistent with the strategies sought by the Plan for the Rural<br />
Living Area and does not trigger further assessment.<br />
Planning Scheme – The Noosa Plan<br />
Consistent Uses<br />
The site is located within the Cooroibah locality and is zoned Rural Settlement. The<br />
proposed Infrastructure Use Type 3 (Tower) is identified as an inconsistent use within the<br />
Locality Code. The proposed use is required to follow an impact assessable application<br />
process. An assessment against the relevant codes is provided below.<br />
Cooroibah Locality Code<br />
The use is identified as an inconsistent use within the zone and, therefore, conflicts with the<br />
Code. The applicable Overall Outcomes sought for the locality are:<br />
5.8.2 a) New uses and works are located, designed and managed to—<br />
i be compatible with other uses and works;<br />
ii maintain the safety of people and works;<br />
iii avoid significant adverse impacts on the amenity enjoyed by users of other<br />
premises, including impacts on acoustic and visual qualities; and<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
iv avoid significant impacts to native habitat including fragmentation, attrition,<br />
or removal of vegetation or significant habitat features;<br />
5.8.2 v) For the Rural Settlement Zone—detached housing on large lots—<br />
i is the dominant building form, to the general exclusion of other uses;<br />
ii incorporates designs that respond to, and are integrated with site<br />
characteristics including steep slopes and native vegetation;<br />
iii offers a relaxed rural lifestyle for residents;<br />
iv contributes to the rural or semi-rural character and amenity of the area;<br />
v may be located in close proximity to working farms or other rural industries;<br />
vi offer convenient access to Tewantin via sealed roads;<br />
vii include associated home-based businesses on large lots such that<br />
neighbours are not impacted upon; and<br />
viii are dominated by native vegetation and landscaping;<br />
The application raises some significant concerns in relation to Overall Outcome 5.8.2 a),<br />
primarily due to the relatively small size of the site (2.01ha) and the limited buffers available<br />
to surrounding premises. The tower will exceed the height of existing vegetation, between it<br />
and nearby lots, by approximately 15 metres and will be highly visible from Lot 30 SP136462,<br />
Lot 22 SP213298 and Lot 11 SP148 to the west and southeast of the site (see lot layout plan<br />
included in Attachment 2). Further afield, and in all other directions, it is acknowledged that<br />
only filtered views or the top of the tower will be available due to vegetation in the area. The<br />
visual or amenity impacts on premises further afield are not considered significant.<br />
Although conditions could be applied to relocate the tower to provide increased buffers to the<br />
nearby allotments, the limited height and density of existing vegetation within these buffer<br />
areas is such that the impacts would not be significantly reduced.<br />
Overall Outcome 5.8.2 v) generally excludes most uses, other than detached housing, within<br />
the zone. As such it is reasonable for residents within the zone to expect new development<br />
to create limited impacts on the rural residential and visual amenity they enjoy. It is also<br />
noted that the tower use is inconsistent within the entire Cooroibah Locality. The application<br />
material generally submits the following grounds to support the proposal:<br />
“… to improve mobile phone coverage and broadband access in the Cooroibah<br />
locality a telecommunications facility is required in the area. Unfortunately within this<br />
locality there were no compatible zones to locate the proposed use which would still<br />
achieve adequate mobile phone coverage for the area. This site represented the<br />
most appropriate location to minimise any adverse effects while providing coverage to<br />
the surrounding area.”<br />
It is recognised that if new telecommunications facilities are to be sited within the locality, a<br />
conflict with the planning scheme will be unavoidable. However, in this case, the issues of<br />
inappropriate site selection and visual and residential amenity impacts on nearby premises<br />
are too significant to support the development.<br />
Additional Applicable Codes<br />
Infrastructure Uses Code<br />
Health & Safety<br />
The applicant has provided a summary of the maximum cumulative radiofrequency and<br />
electromagnetic energy levels at ground level emitted from the proposed telecommunications<br />
tower, assuming full power usage.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
The summary indicates the proposed tower will emit a maximum electromagnetic energy<br />
level from the tower of 0.45% of the Australian Radiation Protection and Nuclear Safety<br />
Agency’s regulated acceptable maximum radiation levels.<br />
The proposal, therefore, does not raise any significant concerns in relation to the health<br />
effects of radiofrequency and electromagnetic energy emissions.<br />
Co-Location Opportunities<br />
The Infrastructure Uses Code requires towers to be co-located with existing Infrastructure<br />
Uses, where practical. The applicant has provided a coverage map of the existing towers<br />
within a 20km radius, which confirms that there are no nearby towers to allow co-location.<br />
The amended development proposal submitted by the applicant has addressed council’s<br />
concerns in regard to this aspect by increasing the tower height by 5 metres. This will allow<br />
both Telstra and Optus antennae to be co-located on the tower and avoid the risk of an<br />
additional tower in the area.<br />
Visual Amenity<br />
The Probable Solution of the Code requires that any tower is co-located on an existing<br />
telecommunications tower; AND the height of the tower does not exceed 25 metres where on<br />
land in the Rural Zone. The proposed telecommunications tower is to be located in the Rural<br />
Settlement Zone and is 30 metres in height.<br />
There is no mention within the Code for acceptable heights within the Rural Settlement Zone,<br />
as towers were not envisaged to occur on smaller rural-residential-type lots. The tower raises<br />
significant concerns with visual amenity impacts on nearby premises, in particular the three<br />
adjoining or adjacent allotments. With very little existing vegetation available to screen the<br />
tower from these properties, this issue cannot be adequately addressed by conditions.<br />
Landscaping Code<br />
The conditioning of increased landscaped buffers and new plantings to address amenity<br />
impacts on nearby premises would be insufficient, due to the substantial length of time<br />
involved for visual screening of the 30 metre high tower to take effect.<br />
Driveways and Carparking Code<br />
The proposal does not raise any concerns with regard to this code and can be conditioned to<br />
comply.<br />
Traffic and Transport Considerations<br />
The proposed tower will be accessible via an internal access track. There are no further<br />
traffic or transport considerations for the proposed development.<br />
REFERRALS<br />
Internal Referrals<br />
The application was referred to the following internal specialists:<br />
• Operational Works Assessment Branch; and<br />
• Economic Development Branch.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Their comments are provided below.<br />
Operational Works Assessment Branch Comments<br />
The Branch has no objection to the proposal, provided that appropriate access and<br />
engineering conditions are applied to any approval.<br />
Economic Development Branch<br />
The Economic Development Branch indicates that it supports the approval of this application,<br />
as it will significantly address the mobile telephony and mobile broadband shortfall in this<br />
area. The construction of this tower is part of the Connecting the <strong>Coast</strong> project and will assist<br />
in achieving part 6.3.1 of the Corporate Plan (Facilitate access to affordable, high speed<br />
communication networks for all residents and businesses) and 6.3.2 (Advocate for better<br />
telecommunications in rural areas).<br />
Economic Development recommends that any approval include a condition to the effect that<br />
the new tower incorporate a preferred wireless tower location layer with corresponding radio<br />
mapping to support locations and adequacy of coverage from development through to full<br />
capacity. Telstra and Optus both support this approach.<br />
External Referrals<br />
REFERRAL AGENCIES<br />
No Referral Agencies are applicable to this application.<br />
SUBMISSIONS<br />
The application was publicly notified in accordance with requirements of the Sustainable<br />
Planning Act 2009. 21 properly made submissions and 24 not properly made submissions<br />
were received. Of the 45 total submissions, there were 30 supportive and 15 opposing the<br />
proposal.<br />
GROUNDS OF SUBMISSIONS<br />
The following table provides a summary of the grounds for submissions received.<br />
Issues<br />
Inconsistent Use in the Rural<br />
Settlement Zone<br />
• The proposal is not compatible<br />
with other consistent uses in<br />
the zone;<br />
• Contrary to the Desired<br />
Environmental Outcomes;<br />
and<br />
• not made a consistent use by<br />
the policy pertaining to<br />
Telecommunication Towers<br />
(PSP23)<br />
Comments<br />
The response from two-thirds of the submitters are<br />
supportive of the proposed tower. This indicates that there<br />
is a need for the use within the area. However, it is also<br />
recognised that the proposal is an inconsistent use within<br />
every zone within the Cooroibah Locality, and the site<br />
selection process requires careful consideration of<br />
neighbouring uses. Although the applicant has considered<br />
8 other sites, before determining to locate the facility at<br />
the subject site, no consideration was given to any other<br />
site outside of the Rural Residential Zone.<br />
Considering the concerns of adjoining residents and the<br />
expectations of future uses within the zone set out in the<br />
Desired Environmental Outcomes (and Overall Outcomes<br />
of the Locality Code), the proposed tower is too close to<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
Issues<br />
Visual Amenity<br />
• Obtrusive to the nearby<br />
properties and streets; and<br />
• Will extend beyond the<br />
existing vegetation canopy.<br />
Height<br />
• No height requirement for the<br />
zone in the Infrastructure<br />
Uses Code, indicating that<br />
the tower is inappropriate in<br />
the zone; and<br />
• Three times the maximum<br />
height allowed of 8m within<br />
the Locality Code.<br />
Health & Safety<br />
• Inconclusive science on the<br />
issue; and<br />
• Precautionary standard of not<br />
constructed within a 300m<br />
radius should apply.<br />
Community Need<br />
• Insufficient demand in the<br />
locality to warrant the need;<br />
and conversely<br />
• Supportive of improved<br />
services to assist small<br />
business and emergency<br />
services.<br />
Alternative Sites<br />
• This proposal is too close to<br />
homes<br />
• Other suitable sites include:<br />
o <strong>Council</strong>/State Land<br />
o Existing Quarry Site<br />
• More evidence required for<br />
indentifying opportunities for<br />
co-location.<br />
Reduction in House Prices<br />
Comments<br />
neighbouring premises and is an incompatible use.<br />
Agreed. Notwithstanding that a telecommunications<br />
tower needs to be above the canopy height to achieve<br />
reception, there is limited vegetation between the<br />
proposed tower and nearby premises.<br />
No conditions can be applied to assist in screening the<br />
development from this neighbour, and the proposal will<br />
adversely affect the visual amenity of this Rural<br />
Settlement zoned allotment.<br />
Agreed. No height limit is specified for the Rural<br />
Residential Zone, as the Infrastructure Uses Code does<br />
not envisage the use within that zone.<br />
The associated code outcome requires towers to be<br />
visually integrated with their setting and not visually<br />
dominant or obtrusive. The proposed tower does not allow<br />
for adequate screening between it and the adjoining<br />
premises. Therefore, the proposal does not meet the<br />
requirements of the Code in relation to height.<br />
The cumulative radiofrequency and electromagnetic<br />
energy summary for the tower, indicates the proposed<br />
tower will emit a maximum electromagnetic energy level<br />
which is 0.45% of the Australian Radiation Protection and<br />
Nuclear Safety Agency’s regulated acceptable maximum<br />
radiation levels. The proposal, therefore, does not raise<br />
any significant concerns in relation to the health effects of<br />
radiofrequency and electromagnetic energy emissions.<br />
There is a recognised need for this type of infrastructure<br />
within the area. The application material and the positive<br />
response for the tower during the notification period<br />
indicate the need for the improved network reception<br />
within the locality. <strong>Council</strong>’s Economic Development<br />
Branch also indicates that this area has been identified<br />
within the Connecting the <strong>Coast</strong> Project as requiring<br />
further telecommunications infrastructure.<br />
As part of the application, Telstra included their site<br />
selection decision making. This included 9 sites<br />
surrounding the subject site, with none of the sites<br />
investigated outside the Rural Settlement Zone (See<br />
Attachment 3). Most of the alternative sites were rejected<br />
by the applicant because a lease could not be negotiated<br />
with the owner or the site had poor coverage<br />
performance. It is agreed that further alternate sites<br />
should be investigated by the applicant.<br />
No details were provided to substantiate that the tower<br />
will devalue property values in the general area, though it<br />
is agreed that the tower’s impacts on nearby premises are<br />
significant and could potentially affect those property<br />
values.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
CONCLUSION<br />
The application raises significant planning concerns due to the proposed use’s conflicts with<br />
the provisions of the Noosa Plan, and the likely visual and residential amenity impacts on<br />
nearby properties. Finding a suitable site in the area is problematic for the applicant, as the<br />
proposed tower use is inconsistent within the entire Cooroibah Locality it seeks to provide<br />
coverage for. As such, if a new tower is to be approved within the locality, then some degree<br />
of conflict with the Noosa Plan must be accepted. <strong>Council</strong> has also received a number of<br />
public submissions in support of the proposal, which appears to confirm the applicant’s<br />
assertions that existing telecommunications coverage in the area is poor and thereby<br />
establishes a degree of need for the use.<br />
Notwithstanding the grounds in favour of the proposal, the site selected is inappropriate to<br />
adequately preserve the visual and residential amenity of nearby properties, with the<br />
inclusion of conditions inadequate to reduce these impacts. The application is, therefore,<br />
recommended for refusal.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
4.1.6 UPCOMING SIGNIFICANT DEVELOPMENT APPLICATIONS<br />
File No:<br />
Author:<br />
Appendix:<br />
ECM<br />
Manager, Planning Assessment, Michael Bismire<br />
Regional Strategy and Planning<br />
App A - List of Upcoming Significant Development Applications<br />
(SPC Att Pg 157)<br />
PURPOSE<br />
The purpose of this report is to inform council, in advance, about significant issues arising<br />
from key development applications lodged with council.<br />
EXECUTIVE SUMMARY<br />
It is appropriate that a list of all significant development applications, with brief description<br />
and brief update on the status of the applications, be reported to council on a bi-monthly<br />
basis, refer Appendix A.<br />
<strong>Council</strong>lors who wish to raise issues of concern on particular applications can give feedback<br />
at the Strategy and Planning Committee meeting, and questions which require a reply, will be<br />
sent to all <strong>Council</strong>lors and relevant officers so that the matters of interest and the response<br />
are known to all <strong>Council</strong>lors.<br />
All applications listed in Appendix A are available for viewing on Planning and Development<br />
(PD) Online.<br />
Preliminary notification of all development applications to <strong>Council</strong>lors will continue, as is the<br />
current practice.<br />
All applications listed in Appendix A will continue to be reported to council until they appear<br />
as a council report on an agenda.<br />
OFFICER RECOMMENDATION<br />
That <strong>Council</strong>:<br />
(a) receive and note the report titled ‘Upcoming Significant Development<br />
Applications’; and<br />
(b) note the List of Upcoming Significant Development Applications (Appendix A).<br />
FINANCE AND RESOURCING<br />
There are no finance and resourcing implications.<br />
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Strategy and Planning Committee Agenda 16 February 2011<br />
CORPORATE PLAN<br />
Corporate Plan Theme:<br />
Managing Growth<br />
Emerging Priority: 7.1 The areas for growth and renewal are clearly defined<br />
Strategy: 7.1.5 Make decisions on development applications in<br />
accordance with the planning scheme and defend those<br />
decisions<br />
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5 CONFIDENTIAL REPORTS<br />
6 NEXT MEETING<br />
The next meeting of the Strategy and Planning Committee will be held on 9 March<br />
2011 in the Caloundra <strong>Council</strong> Chambers, 1 Omrah Avenue, Caloundra.<br />
7 MEETING CLOSURE<br />
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