Planning & Environment Committee 10 November 2010 ...43 Agenda – Planning & Environment Committee 10 November 2010 - #2779931 Except where modified by these conditions of approval

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Agenda – Planning & Environment Committee 10 November 2010 - #2779931

PLANNING & ENVIRONMENT COMMITTEE

10 NOVEMBER 2010

8 MATERIAL CHANGE OF USE – RETAINING WALLS – 42 MAYFLOWER STREET, MOUNT SHERIDAN – DIVISION 2 Llew Beaton : 8/7/2125-01 : #2766545 PROPOSAL: RETAINING WALLS APPLICANT: P H O'BRIEN 23 BARELLAN CLOSE CARAVONICA QLD 4878 LOCATION OF SITE: 42 MAYFLOWER STREET, MOUNT SHERIDAN PROPERTY: LOT 207 ON SP173565 PLANNING DISTRICT: WHITE ROCK-EDMONTON PLANNING AREA: RESIDENTIAL 1 PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 11 NOVEMBER 2010 APPLICATION DATE: 15 OCTOBER 2010 DIVISION: 2 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S)

2. BUILDING SETBACK PLAN 3. PHOTOGRAPHS OF SITE

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LOCALITY PLAN

RECOMMENDATION: That Council approves the Development Application for a Material Change of Use for retaining walls on land described as Lot 207 on SP173565, and located at 42 Mayflower Street, Mount Sheridan, subject to the following: APPROVED DRAWING(S) AND/OR DOCUMENT(S) The term ‘approved drawing(s) and/or document(s)’ or other similar expression means:

Drawing or Document Reference Date Site Plan M3971 Sheet 1B 13 September 2010 Mayflower Street Elevation M3971 Sheet 2A 8 October 2010

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 to Council; b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual.

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Except where modified by these conditions of approval. Timing of Effect 2. The conditions of the Development Permit must be effected prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

Ponding and/or Concentration of Stormwater 3. The applicant/owner must ensure that all stormwater that flows across the

lot is directed to a lawful point of discharge. Landscaping 4. The applicant/owner must undertake landscaping to reduce the visual

impact of the retaining walls located near the street frontage. This landscaping must be in accordance with requirements of the FNQROC Development Manual and must include planting of berm areas to effectively screen the retaining walls. A Landscaping Plan must be endorsed by the General Manager Planning & Environment prior to the issue of a Development Permit for Building Work.

FURTHER ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act

2009, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 339 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

relevant Local Laws and statutory requirements. 4. For information relating to the Sustainable Planning Act 2009 log on to

www.dip.qld.gov.au. To access the FNQROC Development Manual, Local Laws and other applicable policies log on to www.cairns.qld.gov.au.

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EXECUTIVE SUMMARY: Council is in receipt of an Application for construction of Retaining Walls at 42 Mayflower Street, Mt Sheridan. The walls are within building setback areas prescribed by Building Setback Plan 30119/097C dated 17 December 2004 and relevant to Stage 8A2 of Centenary Heights Estate, which requires that “Construction &/or earthworks within these lots other than within the building envelopes is subject to appropriate Council approval.” Item 4 of the Resolution adopted by Council on 29 April 2004 stated that “The applicant/owner must lodge formal building setback plans showing suitable building envelopes over Lots 207 to 219 and proposed Lots 272, 273 and 275. The building setback plans must not include cut/fill batters and must be lodged and endorsed by the Chief Executive Officer prior to the approval and dating of the Plan of Survey for the the respective allotments.” Item 4 went on to state that “Any variation to these building envelopes will require a change to the development approval.” Owing to the topography of this area there are a number of retaining walls in the vicinity of the site presently under consideration. While the walls which have already been constructed on the site are somewhat unattractive in appearance at present, it is considered that this could be mitigated by appropriate landscaping and future weathering of the rocks. It is therefore recommended that subject to appropriate conditions, approval be granted. PLANNING CONSIDERATIONS: Proposal The proposal is for Retaining Walls on Lot 207 on SP173565 at 42 Mayflower Street, Mt Sheridan. One would be located primarily within the three (3) metre wide setback fronting Mayflower Street, while the other would be located adjacent to the rear boundary of the lot. In support of the proposal the applicant’s Building Certifier states that: 1. The retaining walls have been structurally engineered to uphold “good and

acceptable engineering standards and practices.” 2. Adjacent sites, including the site directly uphill from the subject lot, have retaining

walls. 3. The proposed retaining walls have been designed to deal with and direct all

surface and sub-surface water to existing stormwater drains via engineered drainage systems. No increased run-off would occur because drainage measures have been put in place.

4. Neither retaining wall would exceed 1.8 metres in height. 5. Rocks are proposed to be used in preference to timber logs or sleepers and the

rock would be obtained from local quarries so as to be in keeping with the local natural environment.

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6. The areas behind the retaining walls would be laid with turf upon completion of the walls.

CairnsPlan Assessment The lot is within a Residential 1 Planning Area in the White Rock-Edmonton Planning District. There are no Overlays relevant to the proposed development. Compliance Issues 1. The retaining walls are outside building setback areas prescribed by Building

Setback Plan 30119/097C which requires that “Construction &/or earthworks within these lots other than within the building envelopes is subject to appropriate Council approval.” A copy of this plan is attached at Appendix 2. Council approval of the walls is therefore required.

2. The retaining walls have already been constructed. A site inspection undertaken

on 26 October 2010 revealed that the walls in proximity to the street boundary are yellowish/brown in colour and very exposed to view from other properties. The front (street) wall is ‘stepped’, with the lower wall possibly exceeding 1.8 metres in height and the upper wall slightly less.

Some properties in the vicinity have retaining walls constructed from stone or

blocks fronting the street. At least one stone wall in the area is of comparable height to the front walls presently under consideration. Some retaining walls in the street have been attractively and effectively screened by vegetation and in most cases the stone has a darker, ‘weathered’ appearance compared to the newly-constructed wall at 42 Mayflower Street.

The above notwithstanding, it is considered that: (a) The retaining walls presently under examination are necessary to stabilise

the site and prevent soil erosion; (b) The visual impact of the walls could be reduced by the planting of suitable

screening vegetation at the base of the wall fronting the street and within the space between the lower and upper levels of this wall. This has been discussed with a Council Environmental Officer who advised that effective screening by the use of plants is entirely feasible.

(c) The walls are likely to take on a more natural appearance as the stone is

‘weathered’ by the elements. (d) The application may be approved subject to appropriate conditions. 3. A plan of the retaining walls has been stamped “Certified as Structurally Adequate”

by Bruce and Associates, Civil and Structural Engineers and has been submitted as part of the application.

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4. A sewerage easement adjoins the eastern boundary of the lot. The retaining

walls do not encroach into this easement. 5. Photographs of the site showing the newly constructed retaining walls are

attached at Appendix 3. Llew Beaton Technical Officer Action Officer Kelly Reaston Manager Development Assessment

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

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APPENDIX 2: BUILDING SETBACK PLAN

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APPENDIX 3: PHOTOGRAPHS OF SITE

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Documents

Planning & Environment Committee 10 November 2010 ...43 Agenda – Planning & Environment Committee 10 November 2010 - #2779931 Except where modified by these conditions of approval