PLANNING AND ECONOMIC COMMITTEE 2 - City of …...2015/11/11 · 28 July 2015 Shopping Facilities Roof Plan CCN Architects project: P1419, drawing: DA- I-01, Rev E ‘Roof Plan’

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Agenda – Planning and Economic Committee 11 November 2015 - #4928550

PLANNING AND ECONOMIC COMMITTEE

11 NOVEMBER 20152

MATERIAL CHANGE OF USE (CODE) SHOPPING FACILITIES, SERVICE STATION AND RESTAURANT – DRAPER ROAD GORDONVALE –DIVISION 1

Claire Garner | 8/7/3352 | #4929909

PROPOSAL: SHOPPING FACILITIES, SERVICE STATION AND RESTAURANT

APPLICANT: FABCOT PTY LTDC/- URBAN SYNCPO BOX 2970CAIRNS QLD 4870

LOCATION OF SITE: 46L DRAPER ROAD, GORDONVALE

PROPERTY: LOT 46 ON SP204562, LOT 8 ON SP180032 AND LOT 7 ON SP201306

PLANNING DISTRICT: GORDONVALE – GOLDSBOROUGH

PLANNING AREA: RESIDENTIAL 2

PLANNING SCHEME: CAIRNSPLAN 2009

REFERRAL AGENCIES: DEPARTMENT OF INFRASTRUCTURE, LOCAL GOVERNMENT & PLANNING (STATE CONTROLLED ROAD)

NUMBER OF SUBMITTERS: N/A

STATUTORY ASSESSMENTDEADLINE: 16 NOVEMBER 2015

DIVISION: 1

APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S)2. NOTICE OF INTENTION TO COMMENCE

USE3. CONCURRENCE AGENCY CONDITIONS &

REQUIREMENTS 4. INFRASTRUCTURE CHARGES

CALCULATIONS5. METES & BOUNDS PLAN

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6. PRELIMINARY SURVEY PLAN SP2795397. GORDONVALE WEST SHOPPING

CENTRE – ASSESSMENT TABLE 8. PRELIMINARY APPROVAL SITE PLAN9. LANDSCAPING CONCEPT PLAN10. VISUAL PERSPECTIVES

LOCALITY PLAN:

RECOMMENDATION:

A. That Council approves the development application for Shopping Facilities Service Station and Restaurant over land described as Lot 46 on SP204562, Lot 8 on SP180032 and Lot 7 on SP201306, located at 46L Draper Road, GORDONVALE, subject to the following:

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

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

Drawing or Document

Reference Date

Site Plan CCN Architects project: P1419, drawing: DA-B-02, Rev J ‘Site Plan’

25 August 2015

Shopping Facilities Floor Area

CCN Architects project: P1419, drawing: DA- B-03, Rev D ‘NLA Plan’

5 June 2015

Shopping Facilities Ground Floor Plan

CCN Architects project: P1419, drawing: DA- E-01, Rev E ‘ Ground Floor Plan’

28 July 2015

Shopping Facilities Roof Plan

CCN Architects project: P1419, drawing: DA- I-01, Rev E ‘Roof Plan’

28 July 2015

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Drawing or Document

Reference Date

Shopping Facilities Elevations

CCN Architects project: P1419, drawing: DA- J-01, Rev E ‘Sections’

28 July 2015

Shopping Facilities Sections

CCN Architects project: P1419, drawing: DA- K-01, Rev E ‘Sections’

28 July 2015

Service Station Layout Plan

TFA Project Group drawing: 12113 D01, Rev 1 ‘Site Layout’

21 August 2015

Service Station Floor Plan

TFA Project Group drawing: 12113, D02, Rev 1 ‘Proposed Building Floor Plan’

21 August 2015

Service Station Elevation Plans

TFA Project Group drawing: 12113, D03, Rev 1 ‘Site & Building Elevations’

21 August 2015

Assessment Manager Conditions

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

a. The specifications, facts and circumstances as set out in the application submitted

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

Except where modified by these conditions of approval

Timing of Effect

2. The conditions of the Development Permit must effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.

Notice of Intention to Commence Use

3. Prior to commencement of the use on the site, written notice must be given to Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced. (Attached at Appendix 2).

Water Supply Master Plan

4. An updated Water Supply Masterplan for the entire development for both the interim and ultimate connection points accompanied by supporting calculations must be provided which demonstrates how the development can be serviced.

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The updated Water Supply Masterplan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works or Operational Works, whichever occurs first.

Water Supply Works External

5. Undertake the following water supply works external to the site to connect the site to existing water supply infrastructure:

a. The proposed development is to be connected in the interim to the 375mm outlet water main in Draper Road.

The external works outlined above required approved from Council in accordance with Engineering Works on Roads. Three (3) copies of a plan of the works at A1 size

b. Water supply sub-metering must be designed and installed in accordance with The Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008;

c. Relocate the existing sewer or site the proposed building such that the sewer is a minimum of 1.5 metres away from the building

6. Undertake the following water supply and sewerage works internal to the subject land.

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

b. Water supply sub-metering must be designed and installed in accordance with the Plumbing and Drainage Act 2002 and the Water Supply (Safety and Reliability) Act 2008.

c. Relocate the existing sewer or site the proposed building such that the sewer is a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure.

d. Replace the existing sewer main under or within 1.5 metres of the building and within the zone of influence of the footings and foundations with uPVC sewer pipe class SN8.

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

Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

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All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to the commencement of use.

Sewer Easement

7. Create an easement in favour of Council having a nominal width of 3 metres over proposed manhole/vacuum pit within the site to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council’s solicitors at no cost to Council

The approved easement document must be lodged and registered with the Department of Natural Resources & Mines in conjunction with the Plan of Survey prior to the Commencement of Use.

Inspection of Sewers

9 Trade waste discharge to sewer must meet the requirements of the Cairns Water and Waste’s Trade Waste Environmental Management Plan (TWEMP). Detailed Hydraulic Plans must be provided accompanied by a report which demonstrates that the facility complies with the TWEMP and must be approved by Council prior to the issue of a Development Permit for Building Work. All measures for pre-treatment in accordance with the approved plans must be installed prior to the Commencement of Use.

Vehicle Parking

10. Provide on-site car parking generally in accordance with the approved plans of development, and in compliance with the following rates:-

a. Supermarket and shopping facilities – 5 car spaces per 100m2 of Gross Lettable Area “GLA” (GLA being the total floor space measuring from the internal finished surface of external walls or from the centre line of the inter-tenancy walls); and

b. All other land uses, including restaurant and service station – in accordance with CairnsPlan 2009 Parking and Access Code.

Protection of Landscaped Areas From Parking

11. Landscaped areas adjoining the new hardstand area must be protected by a 150mm high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

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Car Parking Layout

12. Design and construct all parking spaces, aisles, circulating roadways, loading docks, delivery and collection areas and internal road systems in accordance with AS 2890.1 and AS 2890.2. All parking areas, delivery and collection areas, and internal road systems must be maintained in good condition for the duration of the approved use.

Loading/Unloading Within Site

13. Undertake all loading and unloading of vehicles, associated with the operation of the development including the pick-up and / or delivery of goods and materials, at all times from within the site.

Access Restriction

14. No other vehicular access is permitted from/to the site other than as shown on the approved plans.

RPEQ Certification

15. All works must be carried out in accordance with the approved plans, certified by an RPEQ, and to the reasonable requirements and satisfaction of the Chief Executive Officer prior to the commencement of the use.

Construction Access

16. Unless otherwise authorised by the Chief Executive Officer, vehicular access to the site for construction and demolition purposes must be provided from Draper Road generally in the location of the Fisher Road intersection as shown on the approved plans, and via the slip lane from the Bruce Highway once constructed.

Bicycle Facilities

17. Provide on-site bicycle parking for customers and staff, end of trip (ie showers / lockers) and storage facilities for staff, and maintain in accordance with:

a. The Parking and Access Code forming part of the CairnsPlan 2009 planning scheme; and

b. AS 2890.3-1993 Parking facilities - Bicycle parking facilities.

18. Provide cycle racks on each of the eastern and western sides of the supermarket to accommodate a minimum of twenty-four (24) bicycles (inclusive of the staff bicycle parking).

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Drinking Fountain

19. Provide a drinking water fountain in a readily accessible location for use by the general public.

Public Toilets

20. Public toilet facilities must be provided and must be accessible during the trading hours of the development.

Noise Criteria

21. Noise from the operation of any land use activity within the site shall comply with the Controlling Background Creep Criteria of the Environmental Protection (Noise) Policy 2008 as follows:

For noise that is continuous noise measured as the LA90T – no more than nil dB(A) greater than the existing acoustic environment measured by LA90T; or

For noise that varies over time measured by LAeq,adjT – more than 5 dB(A) greater than the existing acoustic environment measured by LA90T.

Hours of Deliveries / Waste Collection

22. Delivery vehicle access to the site including loading and unloading activities are limited to the time period 6am to 10pm only.

23. Refuse bin collection and waste bin emptying is limited to the hours 7am to 6pm Monday to Saturday, and 9am to 4pm on Sundays.

24. Non-tonal beepers associated with delivery vehicles must be used in the permitted hours of 6am to 7am (i.e. night period).

Supermarket Loading Dock Operation

25. The use of the loading dock for any purposes must not occur outside the hours of 6am to 10pm.

26. The following noise management measures must be implemented for the loading dock, in accordance with the approved plans and maintained for the duration of the land use:

a. Installation of appropriate signage at the approach to the loading dock advising drivers to turn off refrigeration motors/compressors prior to accessing the loading dock and turnaround area, and for these to remain off whilst unloading;

b. Provision of acoustic barriers as depicted in the approved plans and as noted in condition 27 below;

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c. The Supermarket Operator supply chain must inform delivery drivers of the requirement to turn off refrigeration motors/compressors while loading / unloading at the premises;

d. The Supermarket Operator supply chain must schedule deliveries to ensure that deliveries arrive in sufficient time to unload prior to 10pm and must not arrive prior to 6am;

e. The store manager and loading dock manager are to monitor deliveries to ensure compliance with the requirement to turn off refrigeration motors; and

f. Staff of the shopping centre must monitor product temperatures on receipt to ensure that the legislative food safety requirements (ie, temperatures maintained below 5ºC) are not compromised.

Acoustic Barriers – Supermarket Loading Dock and Turnaround

27. Erect acoustic barriers to the supermarket loading dock and turnaround area as shown on Drawing DA01-AT Revision I, and as follows:

a. Erect a 4 metre high acoustic wall (above height of turnaround area pavement or adjacent access road surface, whichever is higher) along the southern edge of the supermarket loading dock;

b. Erect a 3.0 metre high, 26.5 metre long acoustic barrier (above height of adjacent turnaround area pavement or adjacent access road surface, whichever is higher) along the southern extent of the supermarket loading dock access ramp;

c. Erect a 2.5 metre high, 40 metre long acoustic barrier (above height of adjacent turnaround area pavement or adjacent access road surface, whichever is higher) along part of the southern and western extent of the supermarket loading area turnaround; and

d. The materials of construction of the acoustic barriers may comprise masonry or overlapped timber palings or weather resistant plywood, or a combination of each. The key acoustical performance issues are the superficial mass and percentage area of openings. To ensure optimum sound isolation performance of barriers, the superficial density of the barriers shall be not less than 12.5kg/m2 with leakage through gaps and joints resulting in a total open area that is no greater than 0.5% of the total area of thebarrier.

Acoustic Treatment to Roof Top Mechanical Plant and Equipment (Supermarket, Specialty Shops, fast food / restaurant)

28. The following noise mitigation measures must be incorporated into the rooftop plant deck of the supermarket prior to the commencement ofthe use of the premises:

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a. The provision of Acran 300 Series Acoustic Louvres (or equivalent) full height to the western and eastern sides of the supermarket rooftop plant deck, and to the upper 3 metres of the southern façade of the supermarket rooftop plant deck; and

b. the provision of a solid roof over the rooftop plant deck (STC 30).

29. The following noise mitigation and visual amenity measures must be incorporated into the rooftop plant decks of the proposed speciality shops prior to the commencement of the use of the premises:

a. The provision of acoustic louvres or acoustic barrier screens around the perimeter of the plant decks associated with the specialty shops to achieve compliance with the approved noise criteria.

b. In the event that acoustic louvres or acoustic barrier screens are not required to achieve compliance with relevant noise criteria, the plant and air-conditioning equipment on the specialty shops must be screened for visual amenity purposes.

30. The following noise management measures must be implemented for the Restaurant / fast food premises, and maintained for the duration of the land use, in accordance with the approved plans, and below:

a. Provision of 3 metre high acoustic barrier as depicted along the western perimeter prior to residential development of the adjacent land;

b. Provision of an acoustic barrier 2 metre high along the western perimeter of the general car park area south of the 3 metre barrier prior to residential development of the adjacent land;

c. Erection of a covered roof over the order and collection point portion of any drive through restaurant connected back to the acoustic barrier;

d. Acoustic mitigation for the rooftop plant in the form of a 2 metre parapet (western and part southern section) and 1.1 metre high parapet (remainder of roof perimeter); and

e .Construction of a Fin wall which extends 2 metres south of the fast food building of minimum height 4 metres to provide shielding of outdoor dining area.

31. The restaurant / fast food premises may not operate 24 hours per day unless a minimum 10 metre wide setback is provided within residential development to the west of the common boundary of the restaurant / fast food premises. Lesser setbacks will limit trading hours to 6am to 10pm only.

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Odour Impacts

32. Ensure mechanical exhaust extraction ventilation systems, to remove cooking odours, comply with AS 1668.2: 2002 (The use of ventilation and air conditioning in buildings - Ventilation design for indoor air contaminant control). Operations must install and maintain carbon filters on cooking extraction fan outlets. This must be certified at the Building Works approval stage.

Lighting

33. Installation of external lighting and illuminated signage on the site must comply with AS4282:1997 (Control of Obtrusive Effects of Outdoor Lighting). This must be certified at the Building Works approval stage.

Alterations to Public Utility Mains

34. Undertake any alteration to public utility mains, Council infrastructure, services or installations necessitated by the development at no cost to Council and to the reasonable satisfaction of the Chief Executive Officer or the relevant utility agency, as the case may be.

Easements

35. Provide easements in favour of and at no cost to Council over Council infrastructure located in private land. The terms of such easements must be to the reasonable satisfaction of the Chief Executive Officer, and must be executed prior to the commencement of the use.

Lawful Point of Discharge

36. All stormwater from the site must be directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the reasonable requirements and satisfaction of the Chief Executive Officer.

Setback to Council Infrastructure

37. Locate all proposed buildings and structures a minimum distance of 2.0 metres from Council infrastructure (i.e. sewer, stormwater and water), unless otherwise approved by Council.

Restrictions on Colours and Materials

38. Apply colours and materials that are not highly reflective, bright or obstructive, to the exterior of the development, to the reasonable satisfaction of the Chief Executive Officer.

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Signage for Development

39. Do not erect signs or similar devices on the subject land unless a plan is submitted detailing the location, size, type and content of the device/s, and approvals are obtained pursuant to Council's relevant local law.

Signage During Construction

40. Ensure that any crane booms and/or supporting structures do not incorporate any illuminated signage at any time during the construction phase.

Hours of Operation

41. Conduct all activities associated with the operation of the approved uses only between the following hours, except where modified by conditions of this approval:

Supermarket, specialty shops and kiosk - 6.00am to 10.00pm Monday to Friday, 7.00am to 10.00pm on Saturday, and 8.00am to 7.00pm on Sunday and Public Holidays.

Service station – 24 hours Monday to Sunday.Restaurant / takeaway – 24 hours Monday to Sunday.

Landscaping Plan

41. The applicant/owner must landscape the subject land and street frontage in accordance with the FNQROC Development Manual and the landscaping plan by Andrew Prowse, project #1018 ‘Woolworths, Gordonvale Planting Scheme’ dated 26 August 2015, subject to the following amendments:

a. The minimum height for trees in the proposed car park, and along the northern and eastern boundaries must be 2 metres;

b. Woody shrubs must be a minimum of 300mm containers; and

c. Details must be provided of the minimum height, girth and container size that all species will be at time of planting

Areas to be landscaped must be established prior to Commencement of Use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

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Sediment and Erosion Control

42. Soil and water management measures must be installed / implemented prior 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, and the FNQROC Development Manual).

Drainage

43. All upstream diversion works required for the development of the shopping precinct to achieve a 1% AEP immunity will be undertaken in conjunction with the development of the site. The required drainage works will not be based or time dependant on the construction of the adjoining Fisher Road link

Damage to Council Infrastructure

44. In the event that any part of Council’s existing sewer, water or roadinfrastructure 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.

Refuse Storage

45. The development must be designed to be serviced by bulk bins. A bulk bin enclosure must be provided in accordance with Council’s requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

The refuse bin enclosure must be roofed and bunded and fitted with a bucket trap.

Details must be shown on the plan of works and must be approved by the Chief Executive Officer prior to issue of an Operational Works Approval or Compliance Permit for Building Works.

The bin enclosure must be constructed in accordance with the approved plans prior to the commencement of use.

Air-Conditioning, Plant and Machinery Screens

46. Air-conditioning, plant and machinery units located above ground level and visible from external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

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Storage of Machinery and Plant

47. The storage of any machinery, material and vehicles must not cause a nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Stockpiling and Transportation of Fill Material

48. 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 7:00 am or after 6:00 pm Monday to Friday;c. before 7:00 am or after 1:00 pm Saturdays; ord. on Sundays or Public Holidays.

Dust

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

Food Business Premises

50. Food Businesses Premises used to carry on a food business must be designed and constructed in accordance with the Food Act 2006 and Food Standards Code Australia New Zealand - Food Safety Standard 3.2.3. Approval to construct or alter food preparation and storage areas of a food business must be granted by the Council’s Licencing & Approvals Unit prior to commencing the fit-out.

51. Prior to commencing operation of a food business the proprietor must hold a current Food Licence for the premises issued under the Food Act 2006. Contact the Council’s Licencing & Approvals Unit for further information on the approval process.

Prior to commencing operation of a food business, the proprietor may also be required to submit a Food Safety Program for the premises issued under the Food Act 2006.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency Concurrence Agency Reference

Date Council Electronic Reference

State Referral Assessment Agency (State Controlled Road)

SDA-0915-023995

16 October 2015

# 4911200

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Refer to Appendix 3: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approvaltakes effect in accordance with the provisions of Section 339, 341 and Section 363 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.

Infrastructure Charges Notice

4. A charge levied for the supply of trunk infrastructure is payable to Council towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

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

Please note that this Decision Notice and the Adopted Infrastructure Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

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

The time when payment is due is contained in the Adopted Infrastructure Charges Notice.

For information relating to the Sustainable Planning Act 2009 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.

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LAND USE DEFINITIONS*

In accordance with CairnsPlan the approved land use of Shopping Facilities is defined as:

Means the use of premises for the display and retail sale of goods and for personal services such as betting (in the form of a TAB agency or similar facility), hair and beauty care, laundering and dry cleaning and other customer services.

The use includes the hiring out of small domestic items such as appliances, entertainment, sporting and health equipment and the exchange of domestic items and clothing.

The use includes facilities commonly described as shop, supermarket, department store, hardware store up to 500m2 GFA; stall, market or salon.

In accordance with CairnsPlan the approved land use of Restaurant is defined as:

Means the use of licensed or unlicensed premises for the provision of meals or light refreshments to members of the public for consumption on or off the premises.

The use includes facilities commonly described as bistro, bar and grill, cafe, milk bar, snack bar, coffee shop, tearoom, takeaway, drive through food outlet or fast food outlet.

In accordance with CairnsPlan the approved land use of Service Station is defined as:

Means the use of premises for:

The retail sale of motoring requirements such as fuels, lubricants, oils and greases, batteries, tyres, spare parts, auto accessories and limited convenience shopping items to the travelling public;

The hire of a limited number of vehicles or trailers;

The washing of motor vehicles for a fee, including facilities provided for the public to wash and clean the interior and exterior of their own vehicles.

The use includes facilities commonly described as a petrol station or car wash.

*This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

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B. The following unique notations will be placed on Council’s rates record for the site:

1. Refuse storage for this development is by bulk bins. The owner must enter into a refuse collection agreement with an approved refuse collection contractor.

EXECUTIVE SUMMARY

The application is for a Material Change of Use that will facilitate the establishment of the Woolworths Shopping Facilities and associated uses at Gordonvale. This application is made subsequent to the Preliminary Approval that was issued under Court Order on 8 November 2013, for Shopping Facilities, Restaurant/fast food outlet, and Service Station.

The site is positioned on the south-west corner of the Draper Road and Bruce Highway intersection. Under CairnsPlan the site is within the Residential 2 Planning Area however the Preliminary Approval varies the effect of CairnsPlan 2009 and provides use rights consistent with the Local Centre Planning Area.

The proposed Shopping Facilities, Restaurant and Service Station would have a total ‘Gross Lettable Area’ (as referred to in the Court Order) of 4,772m2 across the three (3) uses.

The proposal is considered to be generally consistent with the Preliminary Approval which makes the development assessable against the Local Centre Planning Area Code and with the other applicable CairnsPlan Codes. The application is recommended for approval, subject to conditions.

TOWN PLANNING CONSIDERATIONS

Background

The site consists of three (3) lots and is located on the corner of Draper Road and Bruce Highway, Gordonvale. The total area of the three (3) lots is 21.63 hectares. The proposed development relates to a 2,849ha portion of these lots, as depicted on the ‘metes and bounds’ plan attached at Appendix 5.

The site is within the Residential 2 Planning Area and the land is bounded by developed and developing residential uses to the west and south. On the opposite side of the Bruce Highway is a Service Station, Restaurant and Bottle Shop complex and township of Gordonvale further east. To the north is farmland within the declared Mount Peter Master Planned Area. Surrounding urban development comprises predominantly residential land and supporting uses. Rural land in the vicinity of the site is principally sugarcane farmland.

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Under CairnsPlan 2009, the site is within the Residential 2 Planning Area but on 8 November 2015, a Preliminary Approval was issued under Court Order B2046 of 2011 (#4193727). The Court Order gives varies the effect of CairnsPlan 2009 and provides use rights consistent with the Local Centre Planning Area for the area defined by the submitted ‘metes and bounds’ plan (required by Condition 5 of the Court Order). The Preliminary Approval is also for a Material Change of Use for Shopping Facilities, Restaurant/fast food outlet, and Service Station (site plan attached at Appendix 8).

The Preliminary Approval establishes the ‘Gordonvale West Shopping Centre Assessment Table’ (Appendix 7) over the site which varies the level of assessment for a number of uses. A Shopping Facilities and Service Station use become code assessable and a Restaurant use becomes self assessable. This Preliminary Approvalincludes forty-eight (48) conditions which any subsequent development application for a Material Change of Use must comply with.

Condition 4 limits the total ‘gross lettable area’ (GLA) of the development to 4,772m2

and specifies a maximum GLA for the different elements as per the following table:

It is noted that the original application (8/8/1030) was refused at Council’s Ordinary Meeting on 11 May 2011 on twelve (12) grounds. However, through the Court appeal the three (3) proposed uses have been determined to be appropriate development over the site subject to the stated parameters within the conditions of Preliminary Approval

Other Relevant Approvals

There is an underlying current approval (8/13/966) that was issued 23 March 2006 over the three (3) existing lots for Reconfiguring a Lot (3 Lots into 230 Residential Lots and 4 Community Purpose Lots).

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This development is known as ‘Nelson’s Crossing’. Forty-five (45) of the approved lots have been created and these are to the south of the subject three (3) lots.

A subsequent approval (8/13/1201) for Reconfiguring a Lot (1 Lot into 166 Lots) was issued over the balance of the land, with those lots already created constituting Stage 1. The northern portion of the site falls within Stage 6 and this includes the portion of land defined by the ‘metes and bounds’ plan, subject of this application.

There is a current Operational Works approval (8/10/347) for the engineering works associated with Stage 6A which involves road works to construct Fisher Road from Draper Road. A preliminary survey plan (Appendix 6) has been submitted to Council which shows proposed Lot 100 on SP279539 and establishes the cadastral arrangements of future Fisher Road and the roundabout to be constructed at the road frontage of the site as part of that approval.

In November 2010 an application (8/8/1169) was submitted to Council for a Material Change of Use for Shopping Facilities, Restaurant and Service Station over the same portion of the site subject of 8/8/1030 and this current application. The intention was for that Material Change of Use to be assessed concurrently to the application for Preliminary Approval Overriding the Planning Scheme, with a development permit to be issued subsequent that. Ultimately, following Council’s refusal of the application for Preliminary Approval, both proposals were considered under Appeal B2046 of 2011 to the Planning & Environment Court.

Proposal

The application is for a Material Change of Use for Shopping Facilities, Restaurant and Service Station (plan attached at Appendix 1) with a total Gross Lettable Area (GLA) of 4,772m2.

Each use would consist of the following Gross Lettable Areas:

• Shopping Facilities: 4,217m2, including a 3,200m2 supermarket (Woolworths), 950m2 ancillary shops (nine (9) tenancies) and 20m2 kiosk, plus a 47m2 loading dock to the rear (south);

• Restaurant: 320m2, including outdoor dining area and drive-through facility; and

• Service Station: 235m2, with four (4) bowsers (No carwash is proposed).

The site would be accessed via a new road to be known as Fisher Road which would be constructed from a new roundabout off Draper Road. An ingress-only access would also be constructed to provide access directly from the Bruce Highway.

A total of two-hundred-and-fifty-nine (259) on-site car parking spaces would be provided, broken down into the individual uses:

• Shopping Facilities: two-hundred-and-sixteen (216) spaces.

• Restaurant: twenty-eight (28) spaces; and

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• Service Station: fifteen (15) spaces.

A landscaping concept plan (Appendix 9) has been submitted in accordance with Conditions 41-46 of the Preliminary Approval.

Preliminary Approval

Whilst generally in accordance with the Preliminary Approval, the layout of the proposed Shopping Facilities, Restaurant and Service Station development submitted in this Material Change of Use application varies slightly to the concept plans submitted for the original application.

The Shopping Facilities (4,217m2) and Restaurant (320 m2) uses would have a lesser GLA than the maximum allowed for each under the Preliminary Approval (being 4,307m2 and 385m2 respectively). However, the Service Station use would have a GLA of 235m2 which is 155m2 greater than the 80m2 stated in the table under Condition 4. It is noted that the total GLA of the three (3) uses on the site would be exactly 4,772m2,being the maximum allowed on the site. Therefore the Service Station use has only been increased to use the floor area not used by the other two (2) uses. The Applicant has stated that this variation in floor area distribution better reflects the commercial requirements of the tenants. This minor is considered to be an acceptable change.

The three (3) uses would be located in generally the same areas of the site as on the Preliminary Approval plans. However, the shape and orientation of the Restaurant and Service Station buildings and car parking areas vary slightly, subject to detailed design being carried out. This is considered to be an acceptable change.

It is noted that the applicant has submitted plans detailing signage for the development. These will need to be assessed against the relevant Local Laws applied under the Cairns Regional Council Control of Advertising (Application of a Continuing Local Law) and will therefore be subject of separate approval.

Although the recommended conditions differ in content and structure typical of how Council would be presented conditions, it is considered relevant to include the majority of the conditions of the existing Preliminary Approval in the recommended conditions for a development permit to maintain the intent and expected outcomes of the preliminary approval.

Local Centre Planning Area Code

In accordance with the ‘Gordonvale West Shopping Centre Assessment Table’ the proposed development is assessable against Local Centre Planning Area Code. The Local Centre Planning Area is intended to provide for the establishment of local shopping facilities, together with business and professional services, which serve the surrounding residential community.

The subject site is conveniently located to vehicular traffic at the intersection of Draper Road and Bruce Highway. The development has been designed such that the buildings are located towards the street frontages with the car parking mostly located in the centre portion of the site.

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The design provides for easy pedestrian access into the site from future residential development on the western side of the Bruce Highway and also between the different uses and their car parking areas.

As identified on the plans the proposed development includes a number of tenancies of various sizes to ensure that a mix of different services will be provided.

The proposed development is of a scale and intensity to perform a specific function. The potential impact on the economic viability of established activity centres has already been considered through the Court process that resulted in the issuing of a Preliminary Approval for the uses. The development would be located in an establishing urban area and access to appropriate infrastructure services can be efficiently and effectively provided without placing an undue load on this infrastructure.

In terms of built form, the height and setbacks of the proposed buildings would comply with the acceptable measures of the Code. The buildings would not be constructed up to the road frontages and therefore there is no need to provide cantilever awnings.

Overall it is considered that the proposed development is consistent with the relevant performance criteria and achieves the desired development outcomes for the Local Centre Planning Area.

Shopping and Business Facilities Code

The Shopping and Business Facilities Code seeks to ensure that development maintains the amenity and privacy of nearby residential areas and that building and structures are sited and designed to complement or enhance the character and amenity of the area.

The design and siting of the buildings would ensure that the development will not detrimentally impact on the future adjoining residential properties, subject to conditions relating to loading and refuse collection and acoustic treatments to the boundary with future residential uses.

Overall it is considered that the proposed development achieves consistency with the applicable acceptable measures and performance criteria of the Shopping and Business Facilities Code.

Service Station Code

The proposed buildings and other structures associated with the use would be setback greater than 6 metres and the fuel pumps would be set back greater than 7.5 metres from the Bruce Highway frontage, in accordance with the suggested acceptable measures. Although the site adjoins land within the Residential 2 Planning Area, the Service Station would be sited in the north-eastern corner of the site, at the furthest point away from the future residential uses.

Turning templates have been submitted to demonstrate that the bulk fuel storage tanks can be accessed by delivery vehicles without impacting on the movements of other vehicles on the site.

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Proposed landscaping is included on the concept landscaping plan, as discussed below.

The proposed extension to the existing Service Station generally complies with the performance criteria and acceptable measures of the Service Station Code.

Landscaping Code

Conditions 41 to 46 of the Preliminary Approval required submission of a landscape plan to detail the location and size of plant species, details of all fencing and finishes for acoustic barriers.

The Applicant has submitted landscape concept plan (Andrew Prowse, project #1018‘Woolworths, Gordonvale Planting Scheme’ dated 26 August 2015) that addresses all the conditions satisfactorily aside from Condition 43.

Condition 43 requires screening vegetation is to be included to southern side of acoustic barriers at southern part of the site, and on both sides of acoustic barriers when erected at western part of the site. The landscape plans do not clearly show which shrubs are to be used for screening. The woody shrubs that are indicated on the plans are shown to be in 140mm and 200mm pots and many of the other plants are grasses/tufted species. To be able to achieve the level of maturity to provide screening the woody shrubs would need to be in a minimum of 300mm containers. A condition is included in the recommendation in relation to this matter.

Conditions have also been included to require that landscaping is in accordance with the submitted concept plan subject to minor amendments. Specifically, to require that the minimum height for trees in the proposed car park, and along the northern and eastern boundaries must be 2 metres; and that details be provided for the minimum height, girth and container sizes to be used for planting.

Parking and Access Code

The development proposal generates a demand for a total of two-hundred-and-forty-eight (248) car parking spaces and provides a total of two-hundred-and-fifty-nine (259) spaces. As such, it can be considered that a surplus of car parking would be provided for the development.

The proposed ingress, egress and on-site manoeuvring arrangements would be generally the same as in the plans forming part of the Preliminary Approval, only subject to detailed design. The Applicant has submitted plans that demonstrate on-site manoeuvring can work for all vehicles and Council engineers have advised that these are satisfactory.

The Department of Infrastructure, Local Government and Planning have provided conditions in relation to the formation of vehicular access to the site as discussed later in this report.

The submitted plans satisfactorily address Conditions 6 to 14 of the Preliminary Approval and no further external works conditions are required.

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Development Near Major Transport Corridors and Facilities Code

It is noted that the Department of Main Roads have raised no objection to the proposal subject to conditions, as discussed later in this report. The proposed signage on site would be subject of a separate approval.

Infrastructure Works Code

The site is not currently connected to any essential infrastructure services but has the ability to be connected. An engineering assessment report prepared by Projex Partners was submitted as part of the application and is considered to address all issues relating to water, sewerage, stormwater and traffic.

A new padmount would be provided within the site to service the new development in the location indicated on the plan forming part of the Preliminary Approval. A condition is included to require this.

Adjoining Future Residential Uses

The site is located adjacent to a future residential area within the Residential 2 Planning Area. The submitted concept landscaping plan includes species to be planted along the boundary of the site to assist with noise amelioration, as discussed earlier in this report.

A condition relating to noise restricts the use of the loading bay areas to the hours of between 6am to 10pm Monday to Saturday and 9am to 4pm on Sundays. A further condition restricts the times of refuse bin collection and emptying to 7am to 6pm Monday to Saturday and 9am to 4pm on Sundays.

Draft Cairns Region Planning Scheme

Council is in the final stages of preparing the Draft Cairns Region Planning Scheme which is likely to be adopted by the end of 2015 and as such, the provisions are considered here.

Under the Draft scheme the zone would be ‘Low-Medium Density Residential’ and the level of assessment for all three (3) uses would be impact assessable. Notwithstanding, the specific provisions of the ‘Gordonvale West Shopping Centre Assessment Table’ would continue to apply over the site.

Concurrence Agency

The application was referred to the Department of Infrastructure, Local Government and Planning (DILGP) as a Concurrence Agency because the site is adjacent to a State Controlled Road. The referral response and conditions are included as Appendix 3.

A condition of particular note is the requirement to carry out road works comprising a sealed left-turn lane including exit ramp from the Bruce Highway with associated V3 category lighting.

Other conditions relating to the approved plans and planning report; permitted road access location; and stormwater and drainage management plan also apply.

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Public Notification

As the application is consistent with the Preliminary Approval Overriding the Planning Scheme, which makes all three uses code assessable, no public notification is required.

INFRASTRUCTURE CHARGES

The proposed development triggers Infrastructure Charges. Refer to Appendix 4 to view calculations.

The Stormwater Charge for all three (3) uses has been charged at rate applicable to Shopping Facilities (0-30,000m2 GFA), being $0.71 per m2 of impervious area. The rate usually charged for Service Station and Restaurant uses is $8.50 per m2. It is considered reasonable to apply the lower rate to the entire development. The submitted engineering report by Projex Partners calculates the impervious area of the entire development as 90%.

Claire GarnerPlanning OfficerAction Officer

Peter BoydManager Strategic Planning & Approvals

Kelly ReastonGeneral Manager Planning & Environment

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APPENDIX 1: APPROVED PLAN(S) & DOCUMENT(S)

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APPENDIX 2: NOTICE OF INTENTION TO COMMENCE USE

Development Permit

Sustainable Planning Act 2009

NOTICE OF INTENTION TO COMMENCE USE

Development Permit 8/7/3352Date of Approval 11 November 2015

Approved Use Shopping Facilities, Service Station and Restaurant

Location 46L Draper Road Gordonvale

Property Description Lot 46 on SP204562

I/we are hereby notifying Cairns Regional Council of my/owe intention to commence theapproved use outlined above

on ___________________________________________ (insert date).

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

Applicant: _____________________________________

Address: ______________________________________

______________________________________

Contact Phone: ______________________________________

-------------------------------------------------------------Signature of Applicant/Owner

Date: ________________________

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APPENDIX 3: CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 4: INFRASTRUCTURE CHARGES CALCULATIONS

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APPENDIX 5: METES AND BOUNDS PLAN

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APPENDIX 6: PRELIMINARY SURVEY PLAN SP279539

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APPENDIX 7: GORDONVALE WEST SHOPPING CENTRE – ASSESSMENT TABLE

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APPENDIX 8: PRELIMINARY APPROVAL SITE PLAN

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APPENDIX 9: LANDSCAPING CONCEPT PLAN

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APPENDIX 10: VISUAL PERSPECTIVES

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Documents

PLANNING AND ECONOMIC COMMITTEE 2 - City of …...2015/11/11 · 28 July 2015 Shopping Facilities Roof Plan CCN Architects project: P1419, drawing: DA- I-01, Rev E ‘Roof Plan’