170 Agenda – Planning & Environment Committee 11/9/08 - #1805392 PLANNING & ENVIRONMENT COMMITTEE 11 SEPTEMBER 2008 15 RECONFIGURING A LOT – (1 LOT INTO 2 LOTS) - COOPER ROAD, MOUNT PETER – DIVISION 1 Llew Beaton 8/13/1374 #1791903 PROPOSAL : 1 LOT INTO 2 LOTS APPLICANT : B COOPER C/- CONICS PO BOX 1949 CAIRNS QLD 4870 LOCATION: COOPER ROAD, MOUNT PETER PROPERTY: LOT 3 ON SP126545 PLANNING DISTRICT: WHITE ROCK-EDMONTON PLANNING AREA: RURAL 2/PART CONSERVATION PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: DEPARTMENT OF INFRASTRUCTURE & PLANNING NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 19 SEPTEMBER 2008 DIVISION: 1 APPENDIX: 1. PROPOSAL PLAN
15 RECONFIGURING A LOT – (1 LOT INTO 2 LOTS) - COOPER ROAD, MOUNT PETER – DIVISION 1 Llew Beaton 8/13/1374 #1791903 PROPOSAL: 1 LOT INTO 2 LOTS APPLICANT: B COOPER C/- CONICS PO BOX 1949 CAIRNS QLD 4870 LOCATION: COOPER ROAD, MOUNT PETER PROPERTY: LOT 3 ON SP126545 PLANNING DISTRICT: WHITE ROCK-EDMONTON PLANNING AREA: RURAL 2/PART CONSERVATION PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: DEPARTMENT OF INFRASTRUCTURE & PLANNING NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 19 SEPTEMBER 2008 DIVISION: 1 APPENDIX: 1. PROPOSAL PLAN
RECOMMENDATION: That Council refuse the development application for Reconfiguring a Lot (1 Lot into 2 Lots) over land described as Lot 3 on SP126545, located at Cooper Road, Mt Peter, on the following grounds: 1. The proposed development does not comply with the Reconfiguring a Lot
Code in that it creates lots which are not of appropriate size and configuration to sustain the utility and productive capacity of the land for rural purposes and to reduce potential for impact on the natural environment by facilitating opportunities for the implementation of improved land management practices.
2. The proposed development does not support achievement of the desired
development outcomes of the Rural 2 Planning Area Code in that it will not ensure that rural character and visual qualities are maintained.
3. The proposed development could compromise the achievement of
coordinated development within the Mount Peter Master Planned Area.
EXECUTIVE SUMMARY: Council is in receipt of an application for the reconfiguration of 1 lot into 2 lots on land in the vicinity of Cooper Road, Mt Peter. The proposal is for reconfiguration of a property with an area of 1.232 hectares into lots having approximate areas of 1.078 hectares and 1540m2 respectively. An existing dwelling and outbuildings would be accommodated on the larger proposed lot (Lot 3). The smaller proposed lot (Lot 4) previously contained a dwelling, but is presently vacant. The site presently has access from Cooper Road via an access easement over Lot 2 on RP126545 and it is proposed to establish an easement over proposed Lot 3 so that vehicular access would be available to proposed Lot 4. The proposal is in conflict with standards and requirements relevant to the existing Rural 2 Planning Area designation pertaining to the land and could also compromise the achievement of coordinated development within the Mt Peter Master Planned Area. Having regard to these considerations refusal of the application is recommended. PLANNING CONSIDERATIONS: Background In 1999 this land was the subject of a Family Lot Subdivision approval which created Lot 2 and Lot 3 on SP126545. An area greater than 6000m2 was permitted for Lot 3 because the applicants sought to accommodate two dwellings and associated sheds within the boundaries of the lot. The Council report prepared for that application also stated that “the area of land surrounding the dwellings contains a significant quantity of well established vegetation and would not be suitable for agricultural purposes. It is on this basis that the greater land area is recommended for approval.” Proposal The proposal is for reconfiguration of Lot 3 on SP126545 off Cooper Road, Mt Peter, into two lots, namely: Proposed Lot 3 with an area of 1.078 hectares and vehicle access by way of an existing easement over adjoining Lot 2 on SP126545. Proposed Lot 4 with an area of 1540m2 and access by way of a 5 metre wide easement over proposed Lot 3 and the previously mentioned easement over Lot 2 on SP126545. Most of the land falls within a Rural 2 Planning Area designation, with a relatively small part adjoining the north western boundary being within a Conservation Planning Area. The land is within the boundaries of the Mt Peter Master Planned Area as declared on 9 May 2008 in accordance with Section 2.5B.3 of the Integrated Planning Act 1997.
Planning Area Rural 2/Part Conservation No – exceeds
population density by 0.87 person/hectare
Land Use Reconfigure a Lot - 1 Lot into 2 Lots No – does not meet area and dimension
requirements Hillslopes Yes Vegetation Conservation & Waterway Significance Yes Cultural Heritage r N/A Potential or Actual Acid Sulphate Soil Material r N/A Bushfire Management r N/A Flood Management r N/A Height and Impact of Buildings r N/A Operational Aspects of Cairns International Airport r N/A
Overlays
Demolition r N/A Excavation and Filling Code Yes
Infrastructure Works Code Proposed Lot 4 would
require an on-site effluent disposal
system Landscaping Code Yes Parking & Access Code r N/A
Reconfiguring a Lot Code No – does not meet area and dimension
requirements
General
Development Near Major Transport Corridors & Facilities r N/A
Compliance Issues State Planning Policy 1/92 State Planning Policy 1/92 Development and the Conservation of Agricultural Land provides guidance for assessment of applications for reconfiguring agricultural land. According to the State Government guidelines ‘good quality agricultural land’ is land capable of sustainable use for agriculture with a reasonable level of inputs and without causing degradation of land or other natural resources. State Planning Policy 1/92: Development and the Conservation of Agricultural Land Policy Principle 7 states that: The fact that existing farm units and smallholdings are not agriculturally viable does not in itself justify their further subdivision or rezoning for non-agricultural purposes. Subdivision provisions and policies should be devised in a way that encourages amalgamation of titles where this would enhance farm viability. The policy suggests that smaller rural sub-divisions should be assessed on their agricultural merits and that although the demand for agricultural products fluctuates, after land is built on or subdivided its return to agriculture is seldom practicable. Principle 7 recognises that even though existing farm units and smallholdings are not agriculturally viable, this does not in itself justify their further subdivision or rezoning for non-agricultural purposes. In the instance presently under consideration, creation of an additional lot having an area of only 1540m2 would exacerbate a situation where agricultural viability is already constrained.
State Planning Policy 1/92 also states that: If the subject land is found to be good quality agricultural land, the local authority should refuse the application unless: • There is an overriding need in community terms of public benefit for the proposal,
and the proposal cannot be located on alternative sites of poor agricultural quality; or
• The subject land is located so that farming, either alone or in association with
surrounding parcels, is not practicable: for example, a small isolated parcel of land surrounded by urban land uses.
In this instance, the applicant has not demonstrated that the property does not contain ‘good quality agricultural land’, or that there is an overriding need in community terms of benefit that would result from the proposal. Also as mentioned above, State Planning Policy 1/92: Development and the Conservation of Agricultural Land Policy Principle 7 recognises that the fact that although existing farm units and smallholdings may not be agriculturally viable, this does not in itself justify their further subdivision or rezoning for non-agricultural purposes Rural 2 Planning Area Code The proposal is inconsistent with the purpose of the Rural 2 Planning Area Code in that the development will not facilitate achievement of the following desired development outcomes for the area: • Rural character of the area and visual qualities of the area are maintained. • New uses which are potentially incompatible with urban development are not
established in the Rural 2 Planning Area where the existence of such uses would constrain the efficient expansion of urban development in the future.
Creation of an additional lot of 1540m2 intended for residential purposes would impinge upon the rural character of this area and it is also considered that, notwithstanding possible future urban development, the application presently under consideration is premature at this stage and should be considered under prevailing Planning Area requirements. It should therefore not be supported. Conservation Planning Area Code A relatively small portion of the existing lot, in the vicinity of its north-western boundary, falls within a Conservation Planning Area under CairnsPlan. This area is however not affected by boundaries of the proposed additional lot and has therefore not been taken into consideration in assessment of this application.
Reconfiguring a Lot Code The proposal does not comply with the minimum lot size required by the Acceptable Measures contained in the Reconfiguring a Lot Code Table 1 which stipulate that a lot within the Rural 2 Planning Area must have an area not less than 40 hectares and be capable of accommodating a rectangle having minimum dimensions of 250 x 250 metres. Both proposed lots have areas and dimensions significantly below these requirements and approval of the proposed reconfiguration would exacerbate the already existing non-conforming situation. Mt Peter Master Plan The site is located within the Mount Peter Declared Master Planned Area. The draft Far North Queensland Regional Plan (FNQ2025) identifies the Mount Peter Master Planned Area as the priority urban growth corridor for the Cairns Region. In order to ensure that the desired development outcomes for the area are achieved and that development occurs in a coordinated manner, it is important that ad-hoc development does not take place within the Master Planned Area. The proposed reconfiguration, being the creation of one additional lot, does not meet this objective of coordinated development. Summary Having regard to the above considerations, it is recommended that this application be refused on the grounds that: 1. It creates lots which are not of appropriate size and configuration and which do not
support achievement of the desired development outcomes of the Rural 2 Planning Area Code.
2. It creates lots which would not maintain the rural character and visual qualities of
the area, thereby not supporting achievement of the desired development outcomes of the Rural 2 Planning Area Code.
3. It could compromise the achievement of coordinated development within the
Mount Peter Master Planned Area. Referral Agency The Department of Infrastructure and Planning was identified as a Concurrence Agency for this application and a copy of application was referred to that Department by the applicants on 4 June 2008. No formal response has been received, although verbal advice was received that the Department had declined to comment. Llew Beaton Technical Officer Action Officer Simon Clarke Manager Development Assessment
