ORDINARY MEETING 2 - cairns.qld.gov.au...Nov 22, 2017 · ORDINARY MEETING 22 NOVEMBER 2017 2 BUILDING WORKS ASSESSABLE AGAINST THE PLANNING SCHEME ... Sheets LO1, LO2 and LO3, dated

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ORDINARY MEETING

22 NOVEMBER 20172

BUILDING WORKS ASSESSABLE AGAINST THE PLANNING SCHEME RETAINING WALL & SITING DISPENSATION – 29 FALCON STREET, BAYVIEW HEIGHTS – DIVISION 3

I Elliott-Smith | 8/7/3879 ELEC | #5581993

PROPOSAL: BUILDING WORKS ASSESSABLE AGAINST THE PLANNING SCHEME (RETAINING WALL) & SITING DISPENSATION

LANDOWNER: J D HEUVEL & L J ROSS

APPLICANT: L J ROSSC/- ALL CONSTRUCTION APPROVALSPO BOX 331EDMONTON QLD 4869

LOCATION OF SITE: 29 FALCON STREET, BAYVIEW HEIGHTS

PROPERTY: LOT 6 ON RP746586

ZONE: LOW DENSITY RESIDENTIAL

PLANNING SCHEME: CAIRNSPLAN 2016

REFERRAL AGENCIES: N/A

NUMBER OF SUBMITTERS: N/A

STATUTORY ASSESSMENTDEADLINE: 27 NOVEMBER 2017

APPLICATION DATE: 18 MAY 2017

DIVISION: 3

APPENDIX: 1. CAIRNS REGIONAL COUNCIL SKETCH PLAN (14/11/17) OF REQUIRED AMENDMENTS

2. ORIGINALLY SUBMITTED PLAN OF DEVELOPMENT

3. PLANS OF DEVELOPMENT SUBMITTEDWITH RESPONSE TO INFORMATION REQUEST

4. SPECIES LIST5. SITE PHOTOS

Agenda – Ordinary Meeting 22 November 2017 #5591173

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LOCALITY PLAN:

RECOMMENDATIONS:

BUILDING WORKS ASSESSABLE AGAINST THE PLANNING SCHEME

A. That Council approve only the part of the development application for Building Works Assessable against the Planning Scheme relating to the Retaining Walls referred to as W1 and W2 over land described as Lot 6 RP746586, located at 29 Falcon Street, Bayview Heights, subject to the following:

Assessment Manager Conditions

1. Carry out the development generally in accordance with:

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

b. The specifications, facts and circumstances as set out in the application submitted to Council,

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Approval must be effected prior to issue of a Final Inspection Certificate, except where specified/modifiedelsewhere in these conditions of approval.


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Amendment to Design

3. Undertake the following amendments to the submitted plans:

a. The Retaining Wall referred to as Proposed Retaining Wall (W2) onthe site plan and cross sections (Job No. K-3892, Sheets CO1, CO2 and CO3, dated 21/09/17, prepared by KFB Engineers) must be revised such that the height of the Retaining Wall does not exceed 2 metres above natural ground level. The location of the Retaining Wall (W2) may be revised so long as the final location of the wall achieves a minimum 25 metre setback from the southern boundary of the existing drainage easement located in the northern part of the site being Easement D on RP742497. Retaining Walls W1 and W2 must achieve a minimum 2m setback from either of the eastern or western side boundary to permit access to the northern part of the site.

b. The plan being Proposed Landscape Treatment Overall Detail and associated landscape sections (Job No. K-3892, Sheets LO1, LO2 and LO3, dated 29/09/17, prepared by KFB Engineers shall be amended to reflect the requirements of Condition 3a above and illustrate the following:

i. The part of the site between W2 and the northern site boundary, excluding the existing drainage easement, shall be identified as ‘Area G’ i.e. subject to rehabilitation;

ii. The parts of the site between W2 and W1 and also between the Existing Retaining Wall and W1 shall be designated as partly Area G and partly Planting Style A. Area G is to be shown over the part of the site immediately north of W1 and immediately north of the existing retaining wall for a dimension that is not less than 6 metres depth for the total width of the retaining wall.

Plans reflecting the required amendments must be submitted to and endorsed by Council prior to the issue of a Development Permit for Building Work.

NB. An annotated sketch plan (dated 14/11/17) has been prepared and is attached as Appendix 1 illustrating the intent of the amendments required by the above condition.


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Certification of As-Constructed Location

4. Prior to the issue of the Final Inspection Certificate for the Retaining Walls, submit certification and plan(s) from a licensed surveyor confirming that the location of the retaining walls is wholly within Lot 6 and that the height of the Retaining Walls complies with the maximum height stipulated on the plans of development, once amended inaccordance with Condition 3.

Lawful Point of Discharge

5. The flow of all external stormwater from the property must be directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development.

Geotechnical Report

6. The submitted geotechnical review being Geotechnical Assessment, Proposed Retaining Wall 29 Falcon Street, Bayview Heights dated 27 February 2017 prepared by GEO Design must be revised as follows:

a. undertake a landslip hazard risk assessment in accordance with the Australian Geomechanics Society (AGS) document ‘Landslide Risk Management Guideline 2007’. The report shall consider the overall risk rating of the site post-development and provide recommendations/construction methodology, site preparation, drainage for the ultimate developed case and footing requirements for the Retaining Walls to ensure the ongoing safety and stability of the site; and

b. the report must be signed and certified by a suitably qualified and experienced Registered Professional Engineer (RPEQ) specialising in Geotechnical Engineering.

The revised report must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

All construction work associated with the Retaining Walls must be carried out in accordance with the revised and subsequently endorsed report.


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Earth Batter Design

7. All constructed earthwork batters steeper than 1 in 2 and/or higher than 1.8 metres must be certified by a qualified Geotechnical Engineer, with certification provided to Council at the completion of works.

Geotechnical Construction Supervision and Certification

8. All construction works associated with the retaining walls must be supervised by a suitably qualified and experienced Registered Professional Engineer (RPEQ) specialising in Geotechnical Engineering. The construction supervision shall ensure that the assumed parameters for design are considered reasonable once actual conditions are identified during construction. Any variations to the assumed parameters shall be identified and included on a certificate of supervision, with a copy of the supervision certificate submitted to Council upon completion of the works.

Structural Certification

9. A qualified and experienced structural engineer (RPEQ) must certify the structural integrity of any existing or proposed retaining walls (greater than 1.0m in height), slabs or structures. The structural engineer (RPEQ) shall be required to include and adopt any recommended design parameters for the Retaining Walls in accordance with the revised Geotechnical Report required by Condition 6.

The proposed retaining walls will require a stability analysis to be prepared by a suitably qualified and experienced Registered Professional Engineer Queensland (RPEQ). A Form 15 certification shall be provided by the RPEQ which sets out the basis of the design and results of the stability analysis.

The retaining walls must be designed in accordance with the requirements of Table 1.1 of AS4678-2002. The site is considered to be classified as ‘C’ i.e. ‘where failure would result in significant damage or risk to life’ due to existing dwelling houses being located within 60 metres on a steep downhill slope from the location of the retaining walls.

At a minimum, the ‘retaining wall’ design provided by an appropriately qualified RPEQ should include evidence of investigations carried out in accordance with Table 2.1 of AS4678-2002, refer following extract:


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Extract from AS4678-2002 – Table 2.1

As per AS4678-2002, the design of the retaining wall structure shall, as a minimum, be provided to show that the following considerations have been undertaken (referenced figures and tables are shown in AS4678-2002):

a. Appropriate design loads and load combinations;

b. Design Life (Table 3.1, typically 60 years for residential dwellings);

c. Ultimate Limit State Design being:

i. Limit Mode U1: Sliding within or at the base of the retaining structure (see Figure 3.1(A)).

ii. Limit Mode U2: Rotation of the structure (see Figure 3.1(B));iii. Limit Mode U3: Rupture of components and connections (see

Figure 3.1(C));iv. Limit Mode U4: Pull-out of reinforcing elements or anchors

(see Figure 3.1(D));v. Limit Mode U5: Global failure mechanisms (see Figure 3.1(E));

andvi. Limit Mode U6: Bearing failure (see Figure 3.1(F)).

d. Serviceability Limit State Design;

i. Limit Mode S1: Rotation of the structure (see Figure 3.2(A));ii. Limit Mode S2: Translation or bulging of the retaining

structure (see Figure 3.2(B)); and


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iii. Limit Mode S3: Settlement of the structure (see Figure 3.2(C)).

e. Site Drainage (subsurface, weepholes, fill material etc.)

f. Influence of construction on adjacent ground and structures;

g. Connections of different elements of the retaining structure; and

h. Any additional considerations as required by AS4678-2002.

The required certification shall be in the form of a Form 15 and Form 16 which are available from the Department of Housing and Public Works.

The Form 15 certificate must be submitted to Council prior to the commencement of construction works associated with the Retaining Walls. The Form 16 certificate must be submitted to Council prior to the issue of the final inspection certificate for the works.

Landscape Plan

10. Prior to the issue of a Development Permit for Building Work, submit for approval a Detailed Landscape Plan prepared by a suitably qualified and experienced Landscape Designer or Landscape Architect illustrating the part of the site proposed for “Planting Style A”, subject to the amendments required by Condition 3. In particular, the Detailed Landscape Plan must illustrate:

a. Proposed planting layout and planting schedule, including species, quantity, container size, code;

b. Proposed irrigation plan and specifications if irrigation is required;

c. Embellishments;

d. Hard furnishing;

e. Specifications for watering, planting, mulching, soil amendments and maintenance;

f. Species must not be declared or environmental weeds listed within the Cairns Regional Council Pest Management Plan 2015-2018.

g. Inclusion of all requirements as detailed in other relevant conditions included in this Approval, with a copy of this Development Approval to be given to the applicant’s Landscape Architect/Designer.


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The Detailed Landscape Plan and associated specifications must be submitted to and endorsed by the Chief Executive Officer prior to the commencement of construction works associated with the Retaining Walls.

1 hardcopy (A3 size) and one electronic copy of plans (in PDF format with selectable layers and without password protection) must be included the application. The Landscaping Plan must support and align with the Revegetation Plan required by Condition 11.

Landscape works must be implemented immediately following construction. A practical inspection is required following completion of the works.

The landscape works required by this condition must be maintained at all times to the satisfaction of the Chief Executive Officer.

Revegetation Plan

11. A Revegetation Plan and associated specifications must be prepared by a suitably qualified and experienced person in the field of Natural Areas Restoration for the parts of the site shown as ‘Area G’, as per the revised plans required by Condition 3. The plan must address the following:

a. Revegetation and rehabilitation of all areas of the site described as ‘Area G’ and detailed on the amended plans of development required by Condition 3b; and

b. Revegetation and rehabilitation of the southern cleared batter adjacent to the existing retaining wall referred to as ‘existing retaining wall’ on the plans of development, as amended by Condition 3;

The Revegetation Plan must include:

a. Specifications and Design referencing The Far North Queensland Regional Development Manual: Natural Areas Specifications and Design Guidelines. Contact Council’s Environmental Officer to obtain Specifications and Guidelines for Natural Areas;

NB. The above Natural Areas Specifications and Design Guidelines are currently under review.

b. Local endemic species and/or native species are to be specified for revegetation and/or selected from the List of Plant Species Observed (Robert Jago March 2017) attached as Appendix 4;


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c. Plants detailed at a nominated spacing and specified in a container size to ensure screening the proposed retaining walls from the neighbouring vistas, within three (3) years of planting;

d. An Environmental Management Strategy (EMS) including staging, timing and frequency of the revegetation works to be undertaken. The EMS must ensure planting and maintenance can achieve screening the retaining walls within 3 years of planting and for the life of the property;

e. A Weed Management Strategy (WMS) for the eradication and the prevention of the declared and environmental weeds from the List of Plant Species Observed (Robert Jago March 2017) attached as Appendix 4, in accordance with the Cairns Regional Council Pest Management Plan 2015-2018;

f. Methods for protecting existing vegetation to be retained on the subject site and on adjoining properties during construction activities;

g. Details on a plan of the area nominated to provide access;

h. Details on a plan of the area for drainage infrastructure; and

i. Details on a plan of the approved finished site levels.

1 hardcopy (A3 size) and 1 electronic copy of plans (in PDF format with selectable layers and without password protection) must be included in conjunction with the Detailed Landscape Plan required by Condition 10.

Revegetation works must be implemented immediately following construction of the Retaining Walls. A practical inspection is required following completion of the works.

The Revegetation works required by this condition must be maintained at all times to the satisfaction of the Chief Executive Officer.

Pruning of Amenity Trees

12. Trees must be maintained in accordance with AS 4373-2007 Pruning of Amenity Trees. Pruning of trees that is not in accordance with AS 4373-2007 requires an Operational Works Permit for Vegetation Clearing.


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Protection of Trees

13. Vegetation on adjacent properties must not be damaged as a result ofconstruction activities associated with the Retaining Walls. Vegetation protection measures are to be provided in accordance with AS 4970:2009 Protection of Trees on Development Sites. Any damage caused to vegetation on an adjoining property as a result of construction activity will require replacement, with species selected in consultation with Council’s Environment Officer.

Stockpiling and Transportation of Fill Material

14. Soil used for filling or spoil from the excavation is not to be stockpiled in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

Transportation of fill or spoil to and from the site must not occur within:

a. peak traffic times;

b. before 6:30 am or after 6:30 pm Monday to Saturday; or

c. on Sundays or Public Holidays.

15. Dust emissions or other air pollutants, including odours, must not extend beyond the boundary of the site and cause a nuisance to surrounding properties.

Construction Management Plan

16. Prior to the commencement of construction activities on the site, the Applicant shall submit and have endorsed by the Chief Executive Officer a Construction Management Plan for the construction of the Retaining Walls providing details on the following matters:

a. Demonstrate how the construction of the Retaining Walls shall be undertaken wholly within Lot 6 and not encroach onto an adjoining property. The only exception to this shall be where the Applicant can demonstrate they have owners consent of an adjoining property for the purposes of construction. Such consent if sought and provided shall be included within the Construction Management Plan;

b. Where vehicles/machinery required for construction shall be parked and how such vehicles will obtain access to the site;

c. On-site noise and dust management, so as to not cause a nuisance to the amenity of the surrounding area;


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d. Tree protection management so as to ensure trees on adjoining properties are not adversely affected by construction activities;

e. Hours of Construction.

The approved Construction Management Plan must be complied with and a copy retained on the site at all times during construction.

Construction Access

17. Vehicular ingress and egress to and from the site during the construction phase of the development shall only be via the driveway on Falcon Street unless otherwise approved by the Chief Executive Officer. No access will be permitted to the site via Lot 10 RP857724.

Storage of Machinery and Plant

18. The storage of any machinery, material or plant must not cause a nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Sediment and Erosion Control

19. Soil and water management measures must be installed/implementedprior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties, in accordance with the requirements of the Environmental Protection Act 1994, the FNQROC Development Manual and Best Practice Erosion & Sediment Control – IECA Australasia, November 2008).

Damage to Council Infrastructure

20. In the event that any part of Council’s existing infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owners/builders cost, prior to the Commencement of Use.


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FURTHER ADVICE

1. This approval, granted under the transitional provisions of the Planning Act 2016, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Sections 339 and 341 of the Sustainable Planning Act 2009.

2. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

4. For information relating to the Sustainable Planning Act 2009 and Planning Act 2016 log on to www.dilgp.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

B. That Council refuse the balance of the Development Application for Building Works Assessable against the Planning Scheme for the Retaining Wall referred to as W3 over land described as Lot 6 RP746586, located at 29 Falcon Street, Bayview Heights on the following grounds:

1. The balance of the Development Application conflicts with Performance Outcomes 1 and 2 of the Hillslopes Overlay Code insofar as the Retaining Wall referred to as W3 will materially affect the scenic amenity quality of the hillslopes areas and will create a significant visual and overbearing impact on adjoining properties.

2. The balance of the Development Application conflicts with Performance Outcome 1 of the Potential Landslip Hazard Overlay Code insofar as the siting and design of the Retaining Wall referred to as W3 has not been demonstrated to be able to be undertaken without creating or increasing the potential landslide hazard risk to the site or an adjoining property.

3. The balance of the Development Application conflicts with Performance Outcome 2 of the Potential Landslip Hazard Overlay Code insofar as the Retaining Wall referred to as W3 will create an adverse visual impact on the landscape character and scenic amenity quality of the hillslopes areas that cannot be sufficiently ameliorated;

4. The balance of the Development Application conflicts with Performance Outcome 1 of the Excavation and Filling Code insofar as the Retaining Wall referred to as W3 will:


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a. introduce a significant amenity impact on adjoining properties;

b. be visually intrusive into the landscape;

c. is unable to be sufficiently landscaped to soften the built form; and

d. impacts the landscape values and changes the natural landform to an unreasonable extent as a result of the siting and scale of the retaining wall

5. The balance of the Development Application conflicts with Performance Outcome 2 of the Excavation and Filling Code insofar as the Retaining Wall referred to as W3 has not been demonstrated to be able to be undertaken without adversely affecting the stability of the site or an adjoining property.

6. The balance of the Development Application conflicts with Performance Outcome 1 of the Vegetation Management Code insofar as the Retaining Wall referred to as W3 will require the removal of vegetation resulting in unreasonable impacts to the character and amenity of the local area and the potential to create erosion and slope stability issues; and

7. The applicant has not provided sufficient grounds to justify approval of the balance of the Development Application despite the identified conflicts with the relevant provisions of CairnsPlan 2016.

C. The Council not provide an early Concurrence Agency Response for the potential Amenity and Aesthetic impact of the Building Work.

D. That Council not provide an early Concurrence Agency Response for the design and siting of the proposed Retaining Walls.

E. That Council advise the Applicant that a future Building Application for the Retaining Walls must be referred to Council for Concurrence Agency Assessment upon lodgement of the Building Application. Any future referral must include all information as required under the Planning Act 2016.


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EXECUTIVE SUMMARY:

Council is in receipt of a Development Application for Building Works Assessable Against the Planning Scheme (Retaining Walls) and Siting Dispensation over land at 29 Falcon Street, Bayview Heights and more particularly described as Lot 6 on RP746586.

The subject site is approximately 1.322ha in area, with access from Falcon Street obtained via a communal driveway shared with 23, 25 and 27 Falcon Street. The primary lot area is orientated in a general north-south alignment, with the existing dwelling located at the top of the site. The site grades down from the house level of approximately 105m AHD to the northern boundary at a level of approximately 69m AHD.

The subject site is designated within the Low Density Residential Zone under CairnsPlan 2016 and is affected by a number of Overlay provisions including Bushfire Hazard, Hillslopes and Potential Landslip Hazard. The application as lodged for Building Works Assessable Against the Planning Scheme is initially designated as Self-Assessable Development within the Zone; however due to the non-compliance with relevant Acceptable Outcomes, the Application triggered Code Assessment.

The Application as lodged sought to obtain approval for a 4m high concrete mass block retaining wall that had commenced construction without the necessary development approvals. Council Officers became aware of the work in January 2017 and issued the Applicant with an Enforcement Notice on 1 February 2017 requiring them to cease carrying out unapproved earthworks and building work, consult with a registered structural engineer to assess the property and site works, and obtain the necessary development approvals for the works.

As a result of orders obtained from the Planning & Environment Court, the Applicant lodged the current Development Application for Building Works Assessable Against the Planning Scheme and a separate Development Application for Operational Works (Excavation & Filling and Vegetation Damage, Council Reference 8/10/565). Upon lodgement of the Application, Officers requested the Applicant provide further information about the Retaining Walls. In response to this request, the Applicant changed the application from a single 4m high retaining wall to 3 sets of 4m high retaining walls.

Upon receipt of the response to Information Request in late September 2017, Officers conducted a site inspection on 18 October 2017 to assist in the assessment of the additional Retaining Walls.

Officers have assessed the proposed development against the relevant provisions of CairnsPlan 2016. As per section 5.4 of CairnsPlan 2016, Officers assessment of the application is limited to those Acceptable Outcomes and associated Performance Outcomes of the applicable codes which the application does not comply with as Building Work is initially designated as Self-Assessable Development within the Low Density Residential Zone.


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In consideration of the relevant assessment criteria, in particular the relevant Overlay Codes contained in Part 8 of CairnsPlan 2016, Development Codes contained in Part 9 of CairnsPlan 2016 and the information provided by the Applicant in support of the application, Officers consider that only part of the proposed development is capable of demonstrating compliance with the relevant Code provisions and it is recommended Council approve only that part of the development application. Officers consider that the balance of the development is not capable of demonstrating compliance and it is recommended that Council refuse the balance of the development application.

TOWN PLANNING CONSIDERATIONS:

Background

The subject site is located at 29 Falcon Street, Bayview Heights and is more particularly described as Lot 6 on RP746586. The site is approximately 1.322ha in area and access to the site is achieved via a communal driveway shared with 23, 25 and 27 Falcon Street.

The lot is orientated in a general north-south alignment, with the existing dwelling located at the top of the site and the access driveway west of the house. The site grades down from the house level of approximately 105m AHD to the northern boundary at a level of approximately 69m AHD.

There is an existing drainage easement located along the northern boundary of the site which Officers understand was created prior to the current lot being registered. This easement remains on the title and is described as Easement D on RP742497. The southern portion of the site is dominated by dense vegetation and a large drainage easement described as Easement U on RP746586.

In late January 2017, Council Officers became aware of various works being undertaken at the subject site. Subject to initial inspections, the Applicant was issued with an Enforcement Notice requiring the cessation of the carrying out of unapproved earthworks and building work, consult with a registered structural engineer to assess the property and site works and obtain the relevant development permits for the works.

An initial application contending to be for Building Works Assessable Against the Planning Scheme was submitted in mid-March 2017. Upon review of this application, Officers determined it was not a properly made application and consequently issued the Applicant with a formal Not Properly Made letter in late March 2017. A response to this letter was not received within the 20 business day period requiring the relevant actions to be taken and no request was received from the Applicant to extend this period.

During this time and as a result of orders made in the Planning and Environment Court on 28 April 2017, the Applicant was required to lodge with Council a number of development applications, including the application the subject of this report and Operational Works applications for Excavation and Filling and Vegetation Damage.

The current application was determined to be a properly made application and accepted by Council on 18 May 2017. Council issued an Information Request to the Applicant on 31 May 2017 in which further information was sought in relation to the developments compliance with relevant planning scheme provisions, geotechnical engineering


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matters, landscape treatments and the relationship of the retaining wall with the side boundaries. The Applicant provided a part response to the Information Request on 22 September 2017, with the balance of the information being provided on 29 September 2017.

Proposal

The proposed development as submitted indicated a single 4m high retaining wall comprised of 1m3 concrete mass blocks. The retaining wall is proposed to extend across the site from the eastern to western boundary (approximately 48m in length). The wall is to be located to the north of the existing dwelling (refer plans provided at Appendix 2).

As a part of the response to Council’s Information Request, the Applicant changed the application from a single 4m high retaining wall to 3 sets of 4m high retaining walls (refer plans provided at Appendix 3). Plans submitted with the response indicate the original wall (referred to herein as Retaining Wall W1) being retained; however 2 additional walls (Retaining Walls W2 and W3) were introduced further north (downslope) of the originally proposed wall. The northern most retaining wall is proposed to be located adjacent to the existing drainage easement located along thenorthern boundary of the site.

Photos of the partially constructed retaining wall (W1) and approximate locations of the proposed retaining walls (W2 and W3) are provided in the site photos (Appendix 5).

Officers note that at no stage during the preparation of the response to Information Request was the Applicant encouraged to or were Officers advised of the change to the form of development from that which was originally submitted.

Assessment Process

As per the Table of Assessment for the Low Density Residential Zone of CairnsPlan 2016, Building Work is designated as Self-Assessable development where it complies with the Acceptable Outcomes of the applicable codes. The proposed development does not comply with all of the Acceptable Outcomes and accordingly is subject to Code Assessment. Accordingly, Section 313(2) of the Sustainable Planning Act (2009)provides the relevant matters that Council as Assessment Manager must consider in the assessment of the application. Additionally, Section 5.4 of CairnsPlan 2016 notes for Code Assessable development which is triggered as a result of non-compliance with acceptable outcomes, the assessment is limited to those acceptable outcomes that are not complied with.

The following sections of this report provide Council’s assessment against the relevant matters.


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CairnsPlan 2016 Assessment

CairnsPlan 2016 Code Applicability ComplianceLocal Plan N/A

Zone Low Density Residential

The proposed development complies with the relevant

Acceptable Outcomes of the Code.

Land Use Building Works Assessable Against The Planning Scheme (Retaining Wall)

No relevant land use code, application is for Building Works

Overlays

Acid Sulfate Soils N/A

Airport Environs

The proposed development is capable of complying with the

relevant assessment provisions contained within the Code

Building Height N/ABushfire Hazard N/ACoastal Processes N/AExtractive Resources N/AFlood and Inundation N/AHazardous and Explosive Facilities N/A

Hillslopes

The proposed development does not comply with the

relevant Acceptable Outcomes of the Code, refer further

detailed discussion below.Landscape Values N/ANatural Areas N/ANeighbourhood Character N/APlaces of Significance N/A

Potential Landslip Hazard

The proposed development does not comply with the

relevant Acceptable Outcomes of the Code, refer further

detailed discussion below.

Other Development

Codes

Advertising Devices N/ACentre Design N/AEnvironmental Performance N/A

Excavation and Filling

The proposed development does not comply with all of the relevant Acceptable Outcomes

of the Code, refer further detailed discussion below.

Industry Design N/A

Infrastructure Works

The proposed development is considered to be capable of complying with the relevant Acceptable Outcomes of the

Code subject to the inclusion of relevant conditions.

Landscaping N/AParking and Access N/AReconfiguring a Lot N/AVegetation Management N/A


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Compliance Discussion

The proposed development of the 3 Retaining Walls contains some significant departures from the Acceptable Outcomes contained within the relevant assessment provisions of CairnsPlan 2016, in particular the Hillslopes Overlay Code, Potential Landslip Hazard Code and the Excavation and Filling Code. For the reasons outlined below, Officers consider that only part of the proposed development be recommended for approval, with the balance of the development being recommended for refusal.

The following sections discuss the proposed development in the context of the relevant assessment provisions:

Hillslopes Overlay Code:

As per Section 5.4 of CairnsPlan 2016, the relevant assessment provisions of the Code for this application are Performance Outcomes (PO) 1 and 2 and the associated Acceptable Outcomes (AO) 1.1 – 1.4 and 2.1. The proposed development does not comply with any of the stated AOs; therefore assessment against the associated POs is required.

PO1 of the Code requires that “the landscape character and scenic amenity quality of the hillslopes areas is retained to protect the scenic backdrop to the region” with PO2 requiring that “excavation and filling does not have an adverse impact on the amenity, safety, stability or function of the site or adjoining premises through: a) loss of privacy, b) loss of access to sunlight, c) intrusion of visual or overbearing impacts, or d) complex engineering solutions”.

In consideration of the form of development proposed on the plans submitted with the response to Information Request, Officers consider that the northern most Retaining Wall referred to as W3 represents a material impost on the existing landscape character and scenic amenity of the area which, due to its location adjacent the existing drainage easement cannot be reasonably mitigated. The wall at its proposed height of 4m would, in Officers opinion, result in a significant over bearing impact on an adjoining property and cannot be supported. Officers have therefore recommended that W3 be refused in its entirety.

In contrast, the Retaining Walls referred to as W1 and W2 can be sited, with some amendments, such that sufficient visual screening, through a combination oflandscaping and natural regeneration/rehabilitation activities, can, in Officers opinion, result in a built form that does not create a significant visual, scenic amenity or overbearing impact. To allow sufficient screening to be established, Officers have recommended that the location of Retaining Wall W2 achieve a minimum setback of 25 metres from the southern boundary of the existing drainage easement being Easement D on RP742497 located in the northern part of the site. Additionally, in consideration of the combined heights of W1 & W2, Officers have recommended that the height of W2 be reduced to a maximum of 2 metres above natural ground level.


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Potential Landslip Hazard Overlay Code:

As per Section 5.4 of CairnsPlan 2016, the relevant assessment provisions of the Code for this application are Performance Outcomes (PO) 1 and 2 and the associated Acceptable Outcomes (AO) 1.1 – 1.4 and 2.1. The proposed development is not considered to comply with the AOs; therefore assessment against the associated POs is required.

PO1 of the Code requires that the “siting and design of development does not involve complex engineering solutions and does not create or increase the potential landslide hazard risk to the site or adjoining premises through a) building design, b) increased slope, c) removal of vegetation, d) stability of soil, e) earthworks, f) alteration of existing ground water or surface water, or g) waste water disposal areas”.

In consideration of the form of development proposed on the plans submitted with the response to Information Request, Officers do not consider that the Applicant has demonstrated that the full scale of the development can be undertaken without an increased risk of potential landslide hazard risk to the site or adjoining premises. The proposed Retaining Walls in their current form would require significant excavation on the site and associated alterations to the natural landform, the removal of vegetation and changes to the existing drainage regime. Officers consider that a reduced scale of development could conceivably be able to be undertaken in a manner which does not create or increase the potential landslide hazard risk to the site or adjoining premises. Officers have recommended that northern most Retaining Wall (W3) be refused in its entirety, the middle Retaining Wall (W2) be reduced in scale from a height of 4 metres to a maximum height of 2 metres above natural ground level. The southern retaining wall (W1) has been recommended to be approved at the originally proposed height of 4 metres.

Accordingly, Officers have, for the parts of the development recommended to be approved i.e. Retaining Walls W1 and W2, included specific conditions regarding the undertaking of a landslip hazard risk assessment in accordance with the Australian Geomechanics Society (AGS) document Landslide Risk Management Guideline 2007.The risk assessment must consider the overall risk rating of the site post-development and provide recommendations/construction methodology, site preparation, drainage for the ultimate developed case and footing requirements for the Retaining Walls to ensure the ongoing safety and stability of the site. The assessment is required to be prepared by and certified by a Registered Professional Engineer Queensland (RPEQ) specialising in Geotechnical Engineering.

PO2 of the Code requires that the “siting and design of necessary retaining structures does not cause an adverse visual impact on the landscape character or scenic amenity quality of the hillslopes areas”.


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As a result of the site inspection and Officers observations, and as previously discussed in response to the Hillslopes Overlay Code, Officers consider that Retaining Wall W3 represents a material impost on the existing landscape character and scenic amenity of the area which, due to its location adjacent the existing drainage easement cannot be reasonably mitigated. The wall at its proposed height of 4m would, in Officers opinion result in a significant over bearing impact on an adjoining property and cannot be supported. Officers have therefore recommended that W3 be refused in its entirety.

Excavation and Filling Code:

As per Section 5.4 of CairnsPlan 2016, the relevant assessment provisions of the Code for this application are Performance Outcomes (PO) 1 and 2 and the associated Acceptable Outcomes (AO) 1.1 – 1.3, 2.1 and 2.2. The proposed development is not considered to comply with AO1.1 and AO1.3; however can be conditioned to comply with AO1.2 and AO2.1. The proposed development appears to comply with AO2.2 insofar as the area of excavation or filling on the site does not appear to exceed 500m2.

The assessment criteria raised by AO1.1 is reflective of the assessment criteria contained within AO2.1 of the Hillslopes Overlay Code. The non-compliance AO1.1 of the Code accordingly been addressed within the above Officer response to the Hillslopes Overlay Code.

Given the non-compliance with AO1.3, assessment of the development against PO1 is required. PO1 of the Code requires that “excavation or filling a) avoids adverse impacts on the amenity, safety, privacy, stability or function of the site or adjoining premises, c) is not visually intrusive, d) does not rely on complex engineering solutions, e) incorporates landscaping to visually soften built form elements, or f) avoids adverse impacts on landscape values and excessive changes to the natural landform as a result of the location, position on site, scale, design, extent and alignment of earthworks, roads, driveways, retaining walls and other on-ground or in-ground infrastructure”.

As previously discussed within this report, Officers consider that the full scale of the proposed development represents a significant impost on the existing landscape character and scenic amenity of the locality, retaining wall W3 would in particular represent a significant visual intrusion into the existing landscape setting which, in Officers opinion cannot be reasonably mitigated. The full scale of the proposed development being 3 x 4 metre high retaining walls is also considered to require works that represent an excessive change to the natural landform of the site.

Officers consider that in order for the development to achieve a level of compliance with PO1, the development should be reduced in scale. Accordingly, Officers have recommended that northern most Retaining Wall (W3) be refused in its entirety, the middle Retaining Wall (W2) be reduced in scale from a height of 4 metres to a maximum height of 2 metres above natural ground level. The southern retaining wall (W1) has been recommended to be approved at the originally proposed height of 4 metres.


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Public Notification / Submissions

The Application triggered Code Assessment only and was not required to be publicly notified.

INFRASTRUCTURE CHARGES:

The proposed development does not trigger Infrastructure Charges.

Ian Elliott-SmithPlanning OfficerAction Officer

Peter BoydManager Strategic Planning & Approvals

Kelly ReastonGeneral Manager Planning & Environment


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APPENDIX 1: CAIRNS REGIONAL COUNCIL SKETCH PLAN (14/11/17) OF REQUIRED AMENDMENTS


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APPENDIX 2: ORIGINALLY SUBMITTED PLAN OF DEVELOPMENT


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APPENDIX 3: PLANS OF DEVELOPMENT FROM RESPONSE TO INFORMATION REQUEST


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APPENDIX 4: SPECIES LIST


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APPENDIX 5: SITE PHOTOS

PHOTO 1 – VIEW OF PARTIALLY CONSTRUCTED RETAINING WALL (W1)


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PHOTO 2 – APPROXIMATE LOCATION OF RETAINING WALL W2


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PHOTO 3 – APPROXIMATE LOCATION OF RETAINING WALL W3 ADJACENT TO DRAINAGE EASEMENT


Documents

ORDINARY MEETING 2 - cairns.qld.gov.au...Nov 22, 2017 · ORDINARY MEETING 22 NOVEMBER 2017 2 BUILDING WORKS ASSESSABLE AGAINST THE PLANNING SCHEME ... Sheets LO1, LO2 and LO3, dated