PROPERTY: LOT 6 ON RP728049 & LOT 1 ON RP736317 PLANNING DISTRICT: CAIRNS BEACHES PLANNING AREA: RESIDENTIAL 3 PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT DEADLINE: EXPIRED DIVISION: 10 APPENDIX: A. APPROVED PLAN(S) & DOCUMENT(S) B. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS C. PRIVACY SCREENS D. SUPPORTING INFORMATION PROVIDED
RECOMMENDATION: That Council approve the request to Change Conditions for Multiple Dwellings (Maximum 3 Storeys) over land described as Lot 6 on RP728049 & Lot 1 on RP736317, located at 22-26 & 40-62 Clifton Road, Clifton Beach, subject to the following conditions: ASSESSMENT MANAGER CONDITIONS: 1. The applicant/owner must at all times during development of the subject
land carry out development and construction of any building thereon and conduct the approved use(s) generally in accordance with:
a. The approved plans noted below and attached as Appendix 1;
Title Plan Number Date Site & Setout Plan –Part A COM.0042-01 Issue V 15 April 2008 Site & Setout Plan – Part B COM.0042-02 Issue V 15 April 2008 Type A Unit TP-07 Rev 6 26 October 2005 Type B Unit TP-08 Rev 6 26 October 2005 Type C Unit TP-09 Rev 6 26 October 2005 Type B/C Unit TP-04 Rev 1 10 June 2003 Garages TP-06 Rev 1 23 June 2003 Elevations TP04 Issue A June 2006 Building 22B Elevations & Second Floor Plan
COM.0042-01 Issue A 14 April 2008
Site Staging Plan COM.0042-03 Issue E 20 March 2007
b. The plans, specifications, facts and circumstances as set out in the
application submitted to Council; c. To ensure that the development complies in all respects with the
following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual; and
d. Subject to any alterations found necessary by Council at the time of
examination of Engineering Plans or during construction of the development because of particular engineering requirements.
Except where modified by these conditions of approval.
Timing of Effect
2. The conditions of the Development Permit applicable to each stage must be effected prior to commencement of the use or approval and dating of the Building Format Plan, whichever occurs first, for the relevant stage, except where specified otherwise in these conditions of approval.
Amendment to Design 3. Proposed Blocks 20B and 22B are to be amended to provide the following: i. Sill heights of 1.5m above floor level; or ii. Fixed obscure glazing or screening in any part of any window or
balcony below 1.5m above floor level; or iii. Balconies (Lanais) & other windows are to be provided with screening
devices that are either solid or translucent screens, perforated or slatted panels or fixed horizontal louvers that prevent a downward outlook and have a maximum of 25% openings, with a maximum opening dimension of 50mm, and that are permanently fixed and durable. The screening device is offset a minimum of 0.3m from the face of any window. Screening devices may be hinged or otherwise attached to facilitate emergency egress only (details to accord with Appendix C); or
iv. Any combination of the above that will prevent the overlook of
adjoining residential premises; and v. Advanced planting (minimum 2.5 metres height at time of planting) that
will produce an effective long lasting vegetative screen between the units and the adjoining residential property boundaries.
Details of the above amendments must be submitted and endorsed by the
Chief Executive Officer prior to issue of a Development Permit for Building Work.
Access Road Design 4. Internal access roads including the proposed internal roundabout near the
main access point must be designed to the satisfaction of the Chief Executive Officer so as to provide adequate access for service and emergency vehicles and to accommodate the safe movement of pedestrians. Manoeuvring space must be provided to enable all vehicles to enter and exit the site in forward gear (including refuse and service/emergency vehicles). All access roads, car parking bays, driveways and vehicular manoeuvring areas must be imperviously sealed, drained and line marked. 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 Building Work for Stage 1. Works for each stage must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer and prior to commencement of use or approval and dating of the Building Format Plan, whichever occurs first, for the relevant stage.
Second Vehicle Access 5. The“Stage Three Temporary Access Corridor” identified on the Site Staging
Plan COM.0042 dated 20/03/2007 must be removed prior to the commencement of use or approval and dating of the Building Format Plan, whichever occurs first, for Stage 3.
Gated Access 6. The layout of the gated entry area must be amended to incorporate the
provision of a minimum of two (2) on-site car parking spaces. These parking spaces must be located outside of the gated area and within the property boundary.
Amended plans must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work for Stage 1.
Council’s Parking Requirements
7. The minimum amount of vehicle car parking provided must be:
246 covered spaces; and 123 additional spaces; and 1 car washing bay.
Each Stage must provide for the following minimum vehicle parking spaces prior to commencement of use or approval and dating of the Building Format Plan, whichever occurs first, for the relevant stage:
Parking Design 8. The car parking layout must be designed in accordance with Australian
Standard AS2890.1 2004 Parking Facilities - off street car parking, except as varied with the consent of the Chief Executive Officer and in particular: a. Parking spaces adjacent to columns and walls must have a minimum
unobstructed clear width of 2.8 metres unless otherwise determined by AS2890.1;
b. Bollard lighting must be provided at the property boundary to indicate
access to the car parking areas Protection of Landscaped Areas from Parking 9. Landscaped areas adjoining car parking areas must be protected from
vehicular encroachment by a 150mm high vertical concrete kerb or similar obstruction and details of kerb/obstruction must be approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.
Physical Means of Speed Control at Driveway Exit 10. Access driveways serving car parking areas must include a physical means
of speed control at the exit points. Details of the speed control devices must be approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.
Construction Access 11. Vehicular access to the site for construction and demolition purposes must
be provided from Clifton Road only and must be a minimum distance of 150m from the intersection of Clifton Road and Captain Cook Highway.
Landscaping Plan 12. The applicant/owner must landscape the subject land and street frontage in
accordance with the provisions of the FNQROC Development Manual and in accordance with a Landscaping Plan endorsed by the Chief Executive Officer. The Landscape Plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. In particular, the plan must show:
a. Retention of as many existing trees and shrubs as possible and further
planting of trees and shrubs; b. Planting of the footpath with trees or shrubs, depending on overhead
powerline constraints; c. Provision of shade trees, especially in car parks and to shade western
walls; and d. Landscaping of required setback areas, being a minimum 3 metre wide
buffer to between any buildings and the Clifton Beach Road boundary and 3 metre wide buffer to the side and rear boundaries of the site. Such buffers shall incorporate mounding and suitable screen fencing and shall be planted and maintained with dense planting sufficient to provide a definite and effective visual barrier.
Any vegetation proposed for removal must be identified by the applicant/owner and inspected by Council’s representative. Vegetation must not be removed without the written consent of the Chief Executive Officer.
Landscaping Establishment 13. Areas to be landscaped in each Stage must be established prior to
commencement of the use or approval and dating of the Building Format Plan, whichever occurs first, for the relevant stage and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.
Screen Fence 14. The applicant/owner must provide a screen fence (minimum height of 1.8
metres and maximum gap of 10mm) to the side and rear boundaries of the subject land, to the satisfaction of the Chief Executive Officer. The fencing must be consistent in terms of design and materials with other fences in the locality. Details of the screen fence must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.
Water Supply and Sewerage Works 15. The applicant/owner must carry out water supply and sewerage works to
connect the subject land to Council’s existing water supply and sewerage headworks at a point determined by the Chief Executive Officer. 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 Building Work. All work within each Stage must be carried out in accordance with the approved plans, to the requirements and satisfaction of Cairns Water and the Chief Executive Officer, prior to commencement of use or approval and dating of the Building Format Plan, whichever occurs first, for the relevant stage.
16. Building 20 must be located a minimum of 1.5 metres clear of Council’s
sewer main adjacent to manhole C238/1. Drainage Study of Site
17. The applicant is to undertake a local drainage study of the subject land and
adjoining creek system to determine the position of the flood inundation lines for Deadmans Gully for a pre and post development 100 year ARI storm event. Filling on the site must not adversely impact on surrounding properties and must have zero afflux upstream of the subject land.
The study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.
Minimum Fill Levels and Habitable Floor Levels
18. All habitable floor levels must be located 150 mm above the 100 year ARI
flood inundation level in accordance with CairnsPlan requirements. Council shall not be required to endorse a survey plan until such time that a surveyor’s certificate has been lodged with Council confirming that the completed levels within the Gully and all finished habitable floor levels are in compliance with this requirement.
Creek Crossings
19. The access road crossing over Deadmans Gully must be designed to have a
minimum ARI 10 year cross drainage capacity without overtopping the road. 20. The access road crossing and any associated bridge/culvert works must not
adversely impact on surrounding properties and must have zero afflux upstream of the subject land.
21. The creek crossing is to be constructed to ensure that flows overtopping the
road satisfy the safety requirements for pedestrian/ vehicle access in accordance with the Queensland Urban Drainage Manual.
22. The creek crossing is to be provided with protection works to cater for any flood events which overtop the drainage structure.
Existing Creek and Drainage Systems
23. All existing creek systems and drainage areas must be left in their current
state including no channel alterations and no removal of vegetation unless consented to in writing by the Chief Executive Officer.
23. a. Undertake works within the gully to widen the flow path, as illustrated on CMG Consulting Engineers Drawings 20121-C35 – C40 & COM0042-001. As part of these drainage works, retain significant vegetation and to provide additional landscaping to create a more attractive and useable environment, devoid of weed species and available to residents as recreational space. Proposed landscaping works are to be generally in accordance with Clifton Views, Clifton Beach Landscape Concept Plan prepared by Conics. Details of proposed planting and rehabilitation are to be approved by Council and all such works are to be completed prior to Council being required to endorse a survey plan for Stage 2.
b. Council is to be advise seven (7) days prior to the commencement of
works within the gully. c. Council is to have reviewed a detailed plan showing vegetation to be
removed an minimum of 14 days prior to commencement of works. d. An officer from Council shall be in attendance during the removal of the
vegetation in the gully and shall have the authority to stop work on the removal of any particular tree or trees deemed to be significant which warrant retention. The applicant is to contact Council as early as possible to agree on which vegetation is to be removed.
24. The applicant/owner must obtain any necessary approvals from the
Department of Natural Resources, Mines and Water for carrying out works in a watercourse.
24. The applicant is required to lodge a $300,000 bond to Council in order to
guarantee the works required to be undertaken in compliance with Condition 23 are completed satisfactorily and function as intended. The works are to be completed and withstand two wet season cycles prior to Council being required to release the bond.
Lawful Point of Discharge
25. The applicant/owner must ensure that the flow of all external stormwater
from the property is directed to a lawful point of discharge being Deadmans Gully, to be further demonstrated prior to the issue of a Development Permit for Building Works for Stage 1, such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.
Drainage Reserves Over Creeks and Streams 26. The applicant/owner must arrange for the transfer (reserve) to Council
creation of a drainage easement over the sections of creek located within the subject property. The width of land to be transferred (reserve) included within the easement shall contain all land below the top of the high bank and a minimum three (3) metre wide strip adjacent to the top of the bank on both sides of the gully/creek/watercourse, or the limit of 100 year ARI storm event, whichever is the greater. The land (reserve) shall be transferred (registered) easement shall be registered prior to commencement of the use or approval and dating of the Building Format Plan, whichever occurs first for Stage 3.
Plan of Drainage Works 27. The subject land must be drained to the satisfaction of the Chief Executive
Officer. In particular, a. The drainage system from the development must incorporate a gross
pollutant trap(s) or equivalent measure(s), meeting the following Council specifications for stormwater quality interception devices (SQIDs), namely:
i. In line or end-of line stormwater quality interception devices
(SQIDs) shall be of a proprietary design and construction and shall carry the manufacturer’s performance guarantees as to removal of foreign matter from stormwater and structural adequacy of the unit.
ii. SQIDs shall remove at least 95% of all foreign matter with a
minimum dimension of 3mm and shall be configured to prevent re-injection of captured contaminants. The SQIDs shall treat all first flush runoff, which shall be defined as that volume of water equivalent to the runoff from the 3 month ARI storm event.
The location of SQIDs within the drainage system shall be planned
to ensure that the first flush waters from all parts of the (developed) catchment are treated.
iii. The design of the SQIDs shall not compromise the hydraulic
performance of the overall drainage system. b. The applicant/owner is responsible for continuous monitoring,
cleaning and maintenance of Stormwater Quality Interception Devices in accordance with the manufacturer’s recommendation, to ensure that efficiency and operating parameters of the devices are maintained.
28. The soil and water management measures endorsed by the Chief Executive
Officer must be installed/implemented within each Stage prior to discharge of water from the Stage, 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 Contributions
29. The applicant/owner must contribute towards the augmentation of
stormwater drainage services in accordance with the Deadman’s Gully Drainage Management Plan. The contribution rate is that current at the time of payment. The present contribution is $35737.61. Payment for each Stage is required prior to commencement of the use or approval and dating of the Building Format Plan, whichever occurs first for the relevant Stage.
Road Frontage (Clifton Road)
30. The applicant/owner shall be responsible for the construction of Clifton
Road along the full frontage of the site including concrete kerb and channel on 4.5m nominal alignment to match neatly to the existing kerb alignment at the Clifton Road/Yule Street intersection and sealed pavement from the lip of the channel to the existing edge of bitumen, including any associated drainage deemed necessary to complete the works.
All roadworks in the vicinity of the intersection of Clifton Road and Captain Cook Highway and the first bend on Clifton Road, in particular the kerb alignment, are to be constructed to join neatly to the existing intersection and/or any future planned upgrade works. Such works shall be to the satisfaction of the Director General of the Department of Main Roads and the Chief Executive Officer. Three (3) copies of a plan of the works including the staging of works respective to the ongoing staging of the development must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.
All works must be carried out in accordance with the approved plans respective to each stage of development to the requirements and satisfaction of the Chief Executive Officer prior to commencement of the use or approval and dating of the Building Format Plan, whichever occurs first, for the relevant stage.
31. The applicant/owner must construct a 2.0m wide concrete pathway to the
Clifton Road frontage of the site. The pathway is to be located on an alignment 600mm clear of the property boundary and must be constructed in accordance with FNQROC Standard Drawing S1035. Details of the pathway must be approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. All works external to each Stage must be carried out in accordance with approved plans to the requirements and satisfaction of the Chief Executive Officer prior to commencement of use or approval and dating of the Building Format Plan, whichever occurs first ,for the relevant Stage.
32. A minimum setback distance of 3.0 metres from the Clifton Road boundary
and from side and rear boundaries must be observed for all structures. This setback requirement also precludes structures such as ERGON electrical sub-stations.
ENVIRONMENTAL ASPECTS Noise 33. Noise from air conditioning units, swimming pool filters, service equipment
or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environment Nuisance).
Night Lighting 34. All night lighting must be designed and constructed to the satisfaction of the
Chief Executive Officer so as to ensure that light emitted from the subject land does not, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).
MISCELLANEOUS Amalgamation Required 35. The applicant/owner is responsible for the reconfiguration (amalgamation) of
Lot 1 on RP 736317 and Lot 6 on RP 728049 into one lot. The Plan of Survey must be registered with the Department of Natural Resources, Mines and Water at the applicant's/owner's cost prior to commencement of the use or approval and dating of the Building Format Plan, whichever occurs first.
Water Saving 36. All toilets in the Accommodation Units must be fitted with dual flush cisterns
and water flow regulators must be fitted to all shower recesses, bathrooms and kitchen facilities where applicable, to generally restrict water flow to 9 litres of water per minute, all to the satisfaction of the Chief Executive Officer.
Demolish Structures 37. In all Stages all structures not associated with the approved development
(including disused services and utilities) must be demolished and/or removed from the subject land prior to commencement of the use or approval and dating of the Building Format Plan, whichever occurs first, for the relevant Stage.
38. The applicant/owner must undertake a detailed Acid Sulfate Soil
investigation in the area affected by this development. Soil sampling and analysis must be undertaken in accordance with procedures specified in, ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) or the updated version of document produced by the Department of Natural Resources, Mines and Water and State Planning Policy 2/02 - ‘Planning and Managing Development involving Acid Sulfate Soils’. The results of this investigation must be submitted to Council for approval prior to any earthworks or clearing being commenced on the site and prior to lodgment of a Development Application for Building Work. Identification of soils with a pyrite content in excess of the action levels nominated in the latest version of DNRM & W - QASSIT: ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ (1998) will trigger the requirement for preparation of an Acid Sulfate Soil Management Plan in accordance with the most recent requirements of the DNRM & W: ‘Queensland Acid Sulfate Soil Technical Manual’ (2002) including Soil Management Guidelines (updated Feb. 2003), which must be prepared to the satisfaction of the Chief Executive Officer.
Wildlife 39. Prior to commencement of the development, an inspection must be carried
out for signs of protected wildlife including nests and animal habitat on the subject site, with particular attention to the wallaby population. Should any recent wildlife activity be identified, removal of trees and habitat must not occur until the animal has vacated the area of immediate danger. If the animal does not move from the area of danger, the Environment Protection Agency must be contacted for advice. Important habitat trees should be retained wherever possible. The Chief Executive Officer must be notified of the proposed date of commencement of any approved tree clearing.
Refer to Appendix 2: 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 Integrated Planning Act
1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.
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. The presence of Sicklepod has been identified on the subject site. In
accordance with Sections 45 and 46 of the Land Protection (Pest and Stock Route Management) Act 2002, the applicant must not remove soil or any matter containing reproductive material, and transport such matter to another location. Further, appropriate measures must be put in place to ensure that soil and other organic material is not inadvertently (or otherwise) transported on vehicles to other locations.
In this regard, prior to the issue of a Development Permit for Building Works, the applicant must:
a. clearly state if there is an excess amount of soil on the development
site; b. provide appropriate documentation to show where any excess soil is to
be used / placed on this site, c. provide a plan which indicates where a shake down or wash down area
will be placed to ensure that all vehicles entering and exiting the development site are subject to a cleansing procedure to remove soil and any other organic material. This site is not to be in the vicinity of a creek, or a waterway or drain which lead to a creek or other water body. Material which is removed is to be permanently contained on the site; and
d. agree to construct a shakedown or wash down area during the first
stage of development.
to the satisfaction of the Chief Executive Officer. Soil or other matter contaminated with weed seed or organic material should not be used in landscaping, eg. Buffer mounds, as maintenance for all parties would prove extremely difficult in the event that the weed seed germinates. This is relevant as some of the seeds from the below listed plants have a viability of between 10 and 50 years.
Council’s Pest Management Unit will be available to provide advice on all aspects of this matter.
This condition relates to all Class 1, 2 and 3 plants identified in the Land Protection (Pest and Stock Route Management) Regulation 2003 (see www.nrm.qld.gov.au/pests/legislation/regulation.html <http://www.nrm.qld.gov.au/pests/legislation/regulation.html>). These plants may also be identified by viewing them on the Department of Natural Resources and Mines web site on the “Pest” Fact Sheets, www.nrm.qld.gov.au/factsheets/ <http://www.nrm.qld.gov.au/factsheets/.
In this respect, it is advised that Sicklepod is a Class 2 Pest Plant and as such the above provisions apply.
5. For information relating to the Integrated Planning Act 1997 log on to
www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.
EXECUTIVE SUMMARY: Council is in receipt of a request for a Change to Conditions of Approval relating to Multi-Unit development at 22-26 and 40-62 Clifton Road, Clifton Beach. The proposed changes are primarily aimed at clarifying and tidying up conditions that were imposed in 2003 that have either little or no relevance to the development as it has been built. In addition the applicants have requested that the land dedication of the drainage corridor through the northern part of the land be altered so that the Body Corporate retains control over the future maintenance and upkeep of the corridor and that an easement in favour of Council be substituted instead. The request was referred to Council’s Ordinary Committee Meeting held on 25 February 2009, whereby the matter was deferred for an on-site inspection with Councillors, concerned residents and representatives of the developer. The meeting was held on 18 March 2009 where the developer’s consultants presented their latest proposed changes and various concerns raised by community representatives were aired.
The matter is returned to Council for further consideration. Adjustments to certain conditions are recommended as a consequence of the on-site meeting. TOWN PLANNING CONSIDERATIONS: Background The application was originally lodged on 23 May 2003 for Multiple Dwellings (246 Units) in 3 storey buildings. This application was Code Assessable under the superseded Balance of City of Cairns Planning Scheme (ie – required no public notification). The application was approved by Council subject to conditions on 14 August 2003. The development proposal has been subject to three further applications to change the original approval. The first application to change conditions was lodged in 4 August 2006 to provide some minor changes to building types, locations and landscaping features. This was approved by delegation on 3 October 2006. The second change to conditions was lodged on 24 April 2007 to provide for staging of the proposed development. This was approved on 21 August 2007. The third change to conditions was lodged on 16 April 2008 to recognise a change in the configuration of the units on the land (as being constructed as opposed to as approved). This was approved on 29 May 2008. Accordingly the most recent planning approval issued by Council is the Decision Notice dated 30 June 2008. The development has now progressed to a stage where it is nearing completion and preparations are being made for the endorsement of survey plans creating titles for each of the units. The applicants have now recognised further difficulties in complying with conditions that were originally applied to the development in 2003 and seek to amend the conditions in order to allow titles to be issued for the development. The changes sought and the applicant’s representations are as follows: Condition 12 “The applicant/owner must landscape the subject land and street frontage in accordance with the provisions of the FNQROC Development Manual and in accordance with a Landscaping Plan endorsed by the Chief Executive Officer. The Landscape Plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works for Stage 1. In particular, the plan must show: a. Retention of as many existing trees and shrubs as possible and further planting of
trees and shrubs; b. Planting of the footpath with trees or shrubs, depending on overhead powerline
constraints; c. Provision of shade trees, especially in car parks and to shade western walls; and d. Landscaping of required setback areas, being a minimum 3 metre wide buffer to
the Clifton Beach Road boundary and 3 metre wide buffer to the side and rear boundaries of the site. Such buffers shall incorporate mounding and suitable screen fencing and shall be planted and maintained with dense planting sufficient to provide a definite and effective visual barrier.
Any vegetation proposed for removal must be identified by the applicant/owner and inspected by Council’s representatives. Vegetation must not be removed without the written consent of the Chief Executive Officer.” Applicant’s Representations A review of the approved layout plans reveals that some parking and vehicle manoeuvring areas are located within 3 metres of the Clifton Beach Road boundary and side and rear boundaries of the site. While it is expected that condition 12(d) refers to setback areas from buildings, it is noted that this requirement could be misconstrued to include any form of development such as driveways and parking areas. Applicant’s Recommendation In light of the above information, it is requested that Condition 12 of the Decision Notice be amended in accordance with the following recommendation: “The applicant/owner must landscape the subject land and street frontage in accordance with the provisions of the FNQROC Development Manual and in accordance with a Landscaping Plan endorsed by the Chief Executive Officer. The Landscape Plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works for Stage 1. In particular, the plan must show: a. Retention of as many existing trees and shrubs as possible and further planting of
trees and shrubs; b. Planting of the footpath with trees or shrubs, depending on overhead powerline
constraints; c. Provision of shade trees, especially in car parks and to shade western walls; and d. Landscaping of required setback areas, being a minimum 3 metre wide buffer to
between any buildings and the Clifton Beach Road boundary and 3 metre wide buffer to the side and rear boundaries of the site. Such buffers shall incorporate mounding and suitable screen fencing and shall be planted and maintained with dense planting sufficient to provide a definite and effective visual barrier.
Any vegetation proposed for removal must be identified by the applicant/owner and inspected by Council’s representatives. Vegetation must not be removed without the written consent of the Chief Executive Officer.” Comment The requested change is minor and can be supported. Condition 23 “All existing creek systems and drainage areas must be left in their current state including no channel alterations and no removal of vegetation unless consented to in writing by the Chief Executive Officer.”
Applicant’s Representations Upon completion of flood modelling for the site and surrounding area, it was determined that parts of the subject site and adjoining properties were subject to flooding in a Q100 event. In response to this issue, investigations have been undertaken to determine the ability to mitigate these flooding impacts, with the findings presented in the Flooding Assessment undertaken by Cardno Lawson Treloar, included for reference as Appendix D. It is proposed to undertake works within the drain to widen the flow path, as illustrated on CMG Consulting Engineers Drawings 20121-C35 – C40 & COM0042-001 included for reference as Figure 1. As part of these drainage works, it is proposed to retain the majority of significant vegetation and to provide additional landscaping to create a more attractive and useable environment, devoid of weed species and available to residents as recreational space. A plan of the proposed landscape treatments is included as Figure 2, while a plan of existing site vegetation which illustrates the location and extent of significant mature trees such as figs, as well as weed species such as Singapore Daisy and Guinea Grass, is included as Figure 3. It is noted that the proposal provides a significant benefit to future residents of the proposed development and the surrounding community in terms of amenity and public safety over that of the existing situation. Applicant’s Recommendation In light of the above information, it is requested that Condition 23 of the Decision Notice be deleted. Comment It is agreed in this case that maintaining the land as part of the Body Corporate is likely to ensure better maintenance of the corridor into the future. However, Council has experienced some difficulties with drainage corridors running through Body Corporate land after the developers have completed their work and moved on. In the original report, it was recommend to Council that Council secure a $500,000 security bond. Such bond will not be released until such time that the works have withstood two wet season cycles. A new condition (24) was proposed in this regard. The applicants have considered the quantity of this bond and are of the view that it is excessive. They have calculated the cost of works to be in the order of $138,000. It is usual practice to hold 1.5 x the amount of the cost of the works to be the total quantity of the bond held (ie $207,000). Given the past difficulties encountered in situations where creeks traverse development sites such as this, Council officers maintain the view that some extra leeway should be factored in. Therefore a $300,000 bond is recommended as being reasonable in this instance. Condition 24 “The applicant/owner must obtain any necessary approvals from the Department of Natural Resources, Mines and water for carrying out works in a watercourse.”
Applicant’s Representations It is noted that the Department of Natural Resources, Mines and Water do not identify the subject drainage feature as a “Watercourse” (refer to NRM&W Watercourse Map B-1 included as Figure 4). No approvals are therefore required from DNRW. Applicant’s Recommendation In light of the above information, it is requested that Condition 24 of the Decision Notice be deleted. Comment The applicant’s representation is agreed with and the condition can be deleted. Condition 26 “The applicant/owner must arrange for the transfer (reserve) to Council over the sections of creek located within the subject property. The width of land to be transferred (reserve) shall contain all land below the top of high bank and a minimum three (3) metre wide adjacent to the top on both sides of the gully/creek/watercourse, or the limit of 100 year ARI storm event, whichever is the greater. The land (reserve) shall be transferred (registered) prior to commencement of use or approval and dating of the Building Format Plan, which occurs first, for Stage 3.” Applicant’s Representations In light of the above-described works proposed within the drain, and subsequent maintenance requirements, it is considered that an appropriate alternative to the transfer and registration of a drainage reserve in favour of Council would be creation of a drainage easement. The establishment of an easement as opposed to a reserve would ensure that the body corporate of the Clifton Views complex would be responsible for the maintenance of the drain, whilst ensuring that its primary function is maintained. The shifting of the burden of maintenance from Council to the body corporate will have obvious cost savings for Council and will likely ensure a higher level of upkeep given the direct relationship of the drain with the amenity of the Clifton Views complex. Applicant’s Recommendation In light of the above information, it is requested that Condition 26 of the Decision Notice be amended in accordance with the following recommendation: “The applicant/owner must arrange for the transfer (reserve) to Council creation of a drainage easement over the sections of creek located within the subject property. The width of land to be transferred (reserve) included within the easement shall contain all land below the top of high bank and a minimum three (3) metre wide adjacent to the top on both sides of the gully/creek/watercourse, or the limit of 100 year ARI storm event, whichever is the greater. The land (reserve) shall be transferred (registered) easement shall be registered prior to commencement of use or approval and dating of the Building Format Plan, whichever occurs first, for Stage 3.”
Comment As advised above, the drainage corridor would be better maintained and managed via the Body Corporate. Security is recommended to be held to ensure that works are completed satisfactorily and are capable of surviving 2 wet season cycles (See Condition 24). Additional Comments following On Site Meeting The issue of flooding of the new units was a major concern raised by the residents at the on-site meeting. The applicants state that with the channel works complete, that the finished floor levels of the completed units will be above the Q100 flood level. Prior to endorsing a survey plan, it will be necessary for a surveyors certificate to be lodged demonstrating that all units be clear of the Q100 flood level (additional wording added to Condition 18). Furthermore all works within the drain should be at completed stage prior to endorsement of the survey plan (additional word in Condition 23). There was further discussion at the on-site meeting as to whether the land containing the creek should be transferred to Council. It is recommended that Council not take ownership of this land and that the responsibility for the on-going maintenance remain with the Body Corporate. Simon Clarke Manager Development Assessment Peter Tabulo General Manager Planning & Environment Department
