LOT RECONFIGURATION (CODE ASSESSMENT) (1 LOT INTO 13 … · 229 Agenda – Ordinary Meeting 31...

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Agenda – Ordinary Meeting 31 March 2010 - #2517385

ORDINARY MEETING

31 MARCH 2010

21 LOT RECONFIGURATION (CODE ASSESSMENT) (1 LOT INTO 13 LOTS) AND CLEARING NATIVE VEGETATION UNDER THE VEGETATION MANAGEMENT ACT. – BRUCE HIGHWAY FISHERY FALLS – DIVISION 1 S M Cook : 8/13/1463 : #2511405 PROPOSAL: LOT RECONFIGURATION (1 LOT INTO 13

LOTS) & CLEARING NATIVE VEGETATION UNDER THE VEGETATION MANAGEMENT ACT.

APPLICANT: KENNETH MATHESON SURVEYS P/L PO BOX 214 WURTULLA QLD 4575 LOCATION OF SITE: BRUCE HIGHWAY FISHERY FALLS

PROPERTY: LOT 1 ON RP741217 PLANNING DISTRICT: RURAL AREAS AND RURAL SETTLEMENTS PLANNING AREA: RURAL 1 PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: DEPARTMENT OF ENVIRONMENT &

RESOURCE MANAGEMENT DEPARTMENT OF TRANSPORT & MAIN ROADS

NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT DEADLINE: 1 APRIL 2010 APPLICATION DATE: 29 JUNE 2009 (PROPERLY MADE 9 JULY 2009) DIVISION: 1 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. DEVELOPER CONTRIBUTION CALCULATIONS 4. SUPPORTING INFORMATION TO PLANNING REPORT

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LOCALITY PLAN

RECOMMENDATION: That Council approves the development application for Lot Reconfiguration (1 lot into 13 Lots) and Clearing Native Vegetation under the Vegetation Management Act over land described as Lot 1 on RP741217, located at Bruce Highway, Fishery Falls, 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 Proposed Reconfiguration Plan

PN.02.02(1) 29 January 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. Except where modified by these conditions of approval.

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Timing of Effect 2. The conditions of the Development Permit must be effected prior to approval

and dating of the Plan of Survey, except where specified otherwise in these conditions of approval.

Amendment to Design 3. The applicant/owner must provide an amended design which details the

following requirements: a. If necessary, the requirements of Condition 4; The amended plan must be endorsed by the Chief Executive Officer prior to

signing and dating of the plan of survey. 4. If the Department of Main Roads and Transport does not resume proposed

Lot 13, this lot must be assimilated back into the neighbouring lots being Lot 1, Lot 2 and Lot 12. Written correspondence must be obtained detailing the Departments intention in relation to Lot 13 and presented to the Chief Executive Officer prior to signing and dating of the plan of survey.

Road Network Contributions 5. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision and upgrading of the road network.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $82,390.00 (11 EDUs).

Payment is required prior to approval and dating of the Plan of Survey. Water Supply Contributions 6. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of water supply infrastructure.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, the contributions are $58,281.60 (15.60 ERAs).

Payment is required prior to approval and dating of the Plan of Survey.

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Public Art Contribution 7. Pay a monetary contribution to Council in accordance with Council’s

General Policy – Public Art towards the provision of Public Art within the community.

Contributions must be paid at the rates applicable at time of payment. On

the present method of calculation, the contributions are $2,400.00 ($200 / Lot).

Payment is required prior to approval and dating of the Plan of Survey. Community Purpose Infrastructure Contributions 8. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of Community Purpose Infrastructure. Contributions must be paid at the rates applicable at time of payment. On

the present method of calculation, the contributions are $44,874.46 (15.222 EDUs).

Payment is required prior to approval and dating of the Plan of Survey.

Stormwater Quality 9. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the improvement of Stormwater Quality. Contributions must be paid at the rates applicable at time of payment. On

the present method of calculation, the contributions are $14,120.30 for Stormwater Quality.

Payment is required prior to approval and dating of the Plan of Survey. Water Supply Infrastructure Plan 10. Provide a water supply infrastructure plan and supporting information

including hydraulic network analysis demonstrating how the development will be serviced by Council’s Infrastructure. In particular the plan must show how the site will be connected to Council’s existing water supply network and each lot provided with adequate pressure.

The water supply infrastructure plan must be endorsed by the Chief

Executive Officer prior to the issue of a Development Permit for Operational Works.

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Water Supply Works External 11. Undertake the following water supply works external to the site to connect

the site to existing water supply and sewerage infrastructure:- a. Extend water infrastructure to connect the site to Council’s existing

water infrastructure at a point that has sufficient capacity to service the development.

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.

All works must be carried out in accordance with the approved plans, to the

requirements and satisfaction of the Chief Executive Officer, prior to approval and dating of the Plan of Survey.

Water Supply Internal 12. Undertake the following water supply works internal to the subject land:- a. Extend and loop water mains such that each allotment can be provided

with a water service connection to the lot frontage. b. Provide the conduit for water supply for the full length of the access leg

for proposed Lots 1, 6 & 7. The conduit does not need to be connected to Council’s water supply. The conduit must be capped and staked at the road frontage of Lots 1, 6 & 7 and at the end of the access leg for easy identification when a future house is constructed on this lot.

All the above works must be designed and constructed in accordance with

the FNQROC Development Manual. All works must be carried out in accordance with the approved plans, to the

requirements and satisfaction of the Chief Executive Officer prior to approval and dating of the Plan of Survey.

On-site Effluent Disposal 13. The method of on-site effluent disposal must be in accordance with the

Queensland Plumbing & Wastewater Code. Details of the wastewater treatment system to be installed must be in accordance with the report provided by McPherson MacLean Wargon Chapman dated 10 December 2009, Council Reference #2432164 and Plans, Council Reference #2471360.

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Damage to Infrastructure 14. In the event that any part of Council’s existing sewer/water infrastructure is

damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Cairns Water immediately of the affected infrastructure and have it repaired or replaced by Cairns Water, at the developers cost, prior to the commencement of use.

General External Works 15. Undertake the following external works:-

a. Continue construction of Raintree Avenue, generally in accordance with the FNROC Standard for a Low Density Residential Road, Standard Drawing S1005 to the sites northern boundary;

b. Construct a culvert crossover on Raintree Avenue adjacent the subject

site which provides immunity for the road from Q10 flows generally in accordance with the requirements of QUDM;

c. Provide appropriate street lighting, serviced by an underground power

supply, in accordance with Road Lighting Standard AS/NZS 1158; All works must be carried out to the requirements and satisfaction of the Chief Executive Officer prior to approval and dating of the Plan of Survey.

Internal Road 16. The applicant/owner shall construct the proposed internal road generally in

accordance with FNQROC Development Manual.

a. The internal road is to have a minimum road reserve width of 15 metres. b. The minimum width of the sealed carriageway is to be 6.0 metres; c. The proposed internal road is to be provided with kerb and channel and

supported by underground drainage; d. Provide appropriate street lighting, serviced by an underground power

supply, in accordance with Road Lighting Standard AS/NZS 1158;

All works must be carried out to the requirements and satisfaction of the Chief Executive Officer prior to approval and dating of the Plan of Survey.

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Drainage Study of Site 17. Undertake a local drainage study of the site to determine the drainage

impacts on upstream and downstream properties and the mitigation measures required to minimise such impacts. In particular, the study must address the following:

a. The contributing catchment boundaries; b. The extent of the 100 year ARI flood event in relation to the site both pre

and post development; c. Primary and secondary flow paths for the 2 and 100 year ARI flood

events; d. Provide a catch drain along the north eastern boundary with associated

easements to convey stormwater to a Lawful Point of Discharge or alternatively provide confirmation that the proposed concrete lined drain is acceptable to DTMR;

e. Identify any requirement for drainage easements; f. Demonstrate that proposed works will not adversely impact upstream or

downstream properties; g. Information on the proposed works and any impacts proposed at the

drainage outlet from the proposed development; h. Provide stormwater infrastructure of sufficient capacity to cater for a

fully developed catchment; i. Ensure that driveways to proposed hatchet Lots 1, 6 & 7 have

appropriate drainage generally in accordance with FNQROC Standard Drawing S1110;

j. Lawful point of discharge;

The study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Access to Hatchet or Battleaxe Lots 18. Construct a concrete driveway or other approved surface to battleaxe Lots

1, 6 & 7 extending the full length of the access leg from adjacent edge of carriageway with a standard crossover in accordance with Council Standard Drawing S1015. Construction of the concrete driveway must be in accordance with Council Standard Drawing S1110.

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All works must be carried out to the requirements and satisfaction of the

Chief Executive Officer prior to approval and dating of the Plan of Survey. Service Conduits 19. Provide service conduits to Lot 1, 6 & 7 adjacent to the driveway together

with associated access pits if necessary, to extend from the front boundary to the end of the access driveway.

All works must be carried out to the requirements and satisfaction of the

Chief Executive Officer prior to approval and dating of the Plan of Survey. Stockpiling and Transportation of Fill Material 20. 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; or b. before 7am or after 6pm Monday to Friday; or c. before 7 am or after 1pm Saturdays; or d. on Sundays or Public Holidays.

21. Dust emissions or other air pollutants must not extend beyond the boundary

of the site and cause a nuisance to surrounding properties. Storage of Machinery & Plant 22. The storage of any machinery, material and vehicles must not cause a

nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Construction Access 23. Vehicular access to the site for construction and demolition purposes must

be provided from McMahon Drive, over adjacent Lot 1 on RP743904 only, unless authorised by the Chief Executive Officer.

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Access Easement/s 24. Create a reciprocal access Easement to allow vehicle access and on-site

manoeuvring for both properties over Lots 6 & 7 and Lots 1 & 2, to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

Drainage Easements 25. A Drainage Easement having a minimum width of 10 metres from the top of

the high bank along the entire length of Jack Creek in the location(s) shown on the proposal Plan No. PN.02.02(1), dated 29 January 2010 and prepared by Kenneth Matheson Surveys Pty Ltd must be granted in favour of Council. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

Services Easement/s 26. Create a reciprocal Service Easement over Lots 6 & 7 and Lots 1 & 2 for the

benefit of Lots 6, 7 & 1 to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement documents must be submitted to Council for the approval of Council's solicitors at no cost to Council. The approved easement documents must be submitted at the same time as seeking approval and dating of the Plan of Survey and must be lodged and registered with the Department of Environment and Resource Management in conjunction with the Plan of Survey.

Landscape Plan 27. Undertake landscaping of the site and street frontages of new roads in

accordance with FNQROC Development Manual and in accordance with a landscape plan. The landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Work. In particular, the plan must show:

a. The revegetation of cut and fill batters; b. The location and species of each proposed tree; and

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c. Inclusion of all requirements as detailed in other relevant conditions

included in this Approval, with a copy of this Development Approval to be given to the applicant’s Landscape Architect/Designer.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. Areas to be landscaped must be established prior to approval and dating of the Plan of Survey and must be maintained for the duration of the on-maintenance period to the satisfaction of the Chief Executive Officer.

Vegetation Clearing 28. Existing vegetation on the subject land must be retained in all areas except

those affected by construction of road works/access driveways and/or installation of services as detailed on the approved plans as stated in this approval. Any further clearing requires an Operational Works Approval. Vegetation to be retained is to be identified and adequately fenced off for protection purposes prior to construction work commencing on the site.

Buffer Around Vegetation 29. A minimum 2 metre wide buffer shall be provided around the vegetation to

be retained. This buffer must consist of suitable fencing to ensure that machinery, equipment or construction materials are not stored or used within this area. This buffer is to be established prior to the commencement of any works on the site and must be maintained at all times for the duration of the construction to the satisfaction of the Chief Executive Officer.

Council’s Development Assessment Branch is to inspect the buffer prior to

machinery, equipment or construction materials being delivered to the site. Wildlife 30. Prior to removal of any tree, an inspection must be carried out for any signs

of protected wildlife including nests and animal habitat. Should any recent wildlife activity be identified, removal of the tree 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 Queensland Parks and Wildlife Services must be contacted for advice. Important habitat trees should be retained wherever possible.

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Removal of Protected Vegetation 31. An Ecoaccess approval must be obtained from the Environmental Protection

Agency prior to the clearing of vegetation and/or tree removal as plant species protected under the provisions of the Nature Conservation Act 1992 are known to occur within the area covered by this development approval. Information on Ecoaccess approvals may be obtained at www.epa.qld.gov.au or by contacting the Ranger Flora at the Cairns Office of QPWS on Phone: 4046 6609.

Notification of Vegetation Clearing 32. Council’s Development Assessment Branch must be notified two business

days prior to the proposed date of commencement of any approved vegetation clearing to facilitate community awareness of such works.

Statutory Covenant for Environmental Purposes (Modify to suit the intent) 33. A Statutory Covenant for Environmental Purposes (generally detailing all

native vegetation is to be retained with the exception of overgrown grass and dangerous, diseased, dying or dead plants or branches and the riparian corridor), must be registered over Lots 6, 7, 8, 9, 10, 11 &12 as detailed on Plan No. PN.02.02(1) dated 29 January 2010. The Covenant is to be registered at the same time of registering of the Plan of Survey with the Department of Natural Resources & Water. The covenant is required to include the following clauses:

a. The covenantor must not use the land or undertake operational works

or building works in a way that interferes with or destroys any endemic vegetation, including undergrowth and regrowth, in the covenant area.

b. The covenantor must not use the covenant area for construction of

improvements or the erection of buildings or for storage of materials. c. The covenantor must not alter the drainage patterns of stormwater

across the land or impede natural flows. d. The covenantor must not carry out any landscaping within the covenant

area or allow the introduction of non-endemic plant species into the area.

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e. The covenantor must allow free movement of all natural wildlife in the

covenant area and not allow household pets to enter the area. For the movement of native fauna and for stormwater purposes, fences must have a 80% permeable area (such as post & rail type fencing, or post and wire strand type fencing for side boundary fencing only. No fencing is permitted within the bed of the gully / creek. When fencing for domestic animals, pool type fencing must be constructed along the boundary between the rear of the garden and the front of the covenant area. This fence may include an access gate for pedestrian use only. Vehicles must not enter into the covenant area.

f. The covenantor may apply to the council for a permit to remove

vegetation that poses an immediate and severe hazard to the dwelling or the occupants of the lot.

g. The covenant area must be maintained in its natural state. Garden

waste and any other waste must not be disposed of or stored within this area. Overgrown grass may be removed to minimise the fire risk. Other plant material, dead or alive must not be removed as this performs a habitat function in the ecosystem.

h. Existing native and mature vegetation shall only be removed with the

prior written consent of the Chief Executive Officer. All vegetation proposed for removal shall be marked by the applicant/owner and approved by Council Officers prior to being removed. Council’s Development Assessment Branch is to be notified of the proposed date of commencement of any approved vegetation clearing.

Weed Management 34. A Weed Management Plan for invasive pest species must be submitted to

and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. The plan should contain a site survey that identifies the presence of all weeds listed as Class 1-3 Pests in the Land Protection (Pest & Stock Route Management) Regulation 2003. The plan should include methods to prevent the introduction of weeds to the site and methods to be employed to control and/or eradicate any existing weeks identified on the property. The Plan must be effected prior to signing and dating of the plan of survey.

Lawful Point of Discharge 35. All stormwater from the property must be directed to a lawful point of

discharge such that it does not adversely affect surrounding properties or properties downstream from the development to the requirements and satisfaction of the Chief Executive Officer.

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Sediment and Erosion Control 36. A sediment and erosion control plan must be submitted prior the issue of a

Development Permit for Operational Works. Such plans 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).

Existing Services 37. Written confirmation of the location of existing services for the land must be

provided. In any instance where existing services are contained within another lot, the following applies, either: a. Relocate the services to comply with this requirement; or b. Arrange registration of necessary easements over services located

within another lot prior to or in conjunction with submission of the Plan of Survey creating the lot.

Electricity Supply 38. Written evidence from Ergon Energy advising if distribution substation/s are

required within the development must be provided. If required, details regarding the location of these facilities must be submitted to the Chief Executive Officer accompanied by written confirmation from Ergon Energy. Details regarding electricity supply must be provided prior to the issue of a Development Permit for Operational Works.

Electricity and Telecommunications 39 Written evidence of negotiations with Ergon Energy and the

telecommunication authority must be submitted to Council stating that both an underground electricity supply and telecommunications service will be provided to the development prior to approval and dating of the Plan of Survey.

Street Lighting 40. The following arrangements for the installation of street lighting within the

proposed subdivision must be provided prior to the approval and dating of the Plan of Survey:

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a. Prior to the approval and dating of the Plan of Survey, a Rate 2 lighting

scheme is to be prepared by Ergon Energy or its approved consultant and submitted to the Chief Executive Officer for approval. The Rate 2 lighting scheme is to be designed in accordance with the relevant Road Lighting Standard AS/NZS 1158 and the FNQROC Development Manual. The applicable lighting category is to be determined from the Road Hierarchy Table D1.1 and the corresponding applicable Lighting Categories Table D8.1 as identified in the FNQROC Development Manual.

The design must provide the applicable illumination level specified in

the Road Lighting Standard AS/NZS 1158 at the following road elements:

● Intersections ● Pedestrian Refuges ● Cul-de-sacs ● LATM Devices (Including Roundabouts)

LATM Devices are to be shown on the civil layout design, the electrical

services and street lighting design must be submitted in accordance with Ergon Energy’s latest Distribution Design Drafting Standard.

b. Prior to approval and dating of the Survey Plan, written confirmation

that the relevant capital contribution required by Ergon Energy has been paid must be submitted, to ensure that the street lighting will be constructed.

c. Where a new intersection is formed on an existing roadway for the

purpose of accessing a new subdivision development, the intersection and existing road approaches must be provided with street lighting for a distance equivalent to at least two spans either side of the intersection to the relevant Lighting Category.

d. Where an existing intersection is required to be upgraded as part of a

development approval, the intersection and existing road approaches must be provided with street lighting for a distance equivalent to at least two spans either side of the intersection to the relevant Lighting Category.

Site Access 41. Access from the site to McMahon Drive via Raintree Avenue must be fully

constructed prior to the approval and dating of the Plan of Survey.

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CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department of Environment & Resource Management

IC0709CNS0004 29 October 2009 2378998

Department of Transport & Main Roads

214/10P/102 (3385.02)

30 November 2009 2410466

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 Sustainable Planning Act

2009, shall lapse 4 years from the day the approval takes effect in accordance with the provisions of Section 802 of the Sustainable Planning Act 2009 Sustainable Planning Act 2009.

2. All building site managers must take all action necessary to ensure building

materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements. 4. Headwork contribution calculations are attached as Appendix 3. Please note

that the contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

5. For information relating to the Sustainable Planning Act 2009 log on to

www.dip.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

B. That the following Property Notation be placed on Lots 1 – 12 inclusive. Method of on-site Effluent Disposal The owner(s) of this lot will be required to adopt the recommendations for on-site effluent disposal as detailed within the hydraulics report and accompanying plans held by Council, Council References #2432164 and #2471360.

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EXECUTIVE SUMMARY: Council is in receipt of a development application seeking a Development Permit for Reconfiguring a Lot (1 lot into 13 lots) at the Bruce Highway Fishery Falls, more particularly described as Lot 1 on RP741217. The site has previously been the subject of a Preliminary Approval. The submitted application is considered to be consistent with the Preliminary Approval and the relevant requirements of CairnsPlan. The proposal is recommended for approval, subject to the inclusion of conditions. TOWN PLANNING CONSIDERATIONS: Background The site has previously been the subject of a Preliminary Approval to Override the Planning Scheme to allow for development consistent with the Low Density Residential Planning Area. This application (8/8/989) was approved by Council on 11 December 2008. Please refer to appendix 4. The adjoining property, Lot 1 on RP743904, has also been the subject of a Preliminary Approval to Override the Planning Scheme for development consistent with the Low Density Residential Planning Area and a Development Permit for Reconfiguring a Lot (1 lot into 5 lots + road) (8/30/101). Proposal The submitted application is seeking a development permit for reconfiguring a lot (1 lot into 13 lots + road) at the Bruce Highway Fishery Falls. The site is situated within the Rural 1 Planning Area of the Rural Lands Planning District and has a total site area of 8.111 hectares. The site is situated on the western side of the Bruce Highway and has a frontage of approximately 310 metres to the Highway. The submitted application is to create 12 new residential allotments with lot sizes varying from 4000m² to 7469m², plus an additional lot, Lot 13 with a site area of 1.533 hectares, which the Department of Transport and Main Roads has detailed the intent to resume for road purposes. The lots will be serviced by a new road, Purcell Close, which will be access via the approved road (8/30/101) over the adjoining Lot 1 on RP743904 and McMahon Road. No allotments will have direct access to the Bruce Highway. The site is currently improved by a single detached dwelling and associated outbuildings. The proposal intends to retain this dwelling on proposed Lot 4, with the remaining proposed allotments being free of improvements.

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The topography of the site generally grades upward from the frontage to the Bruce Highway to the western portion of the lot. The eastern portion of the allotment has very gentle slopes, with steeper slopes in the western portion of the lot. Lot 6 will contain the steepest slopes, which at the location of the dwelling represent a grade of 1:8 (12.5%). These grades are considered to be appropriate for the intended development. The site is identified on the Overlay Mapping of CairnsPlan as containing some areas of Category 1 Rural Hillslopes and Vegetation of Key and Moderate Conservation Values and a Waterway with Category 1 and 2 values (Jack Creek). The area of Hillslopes is contained within the south western portion of the lot. The vegetation is contained to the south western portion of the allotment and adjacent to Jack Creek, with the remainder of the site being cleared of vegetation. Jack Creek meanders adjacent to the site’s southern boundary. This development is intrinsically linked to that of development application 8/30/101 on the adjoining property. The applicant, Purcell Properties Pty Ltd and the owner of the adjoining lot Eminent Holdings Pty Ltd, have detailed their intent to undertake the required Operational Works and civil works as a joint venture. The proposal complies with the Conditions of the Preliminary Approval and the relevant requirements of CairnsPlan and is recommended for approval, subject to the inclusion of Conditions. CairnsPlan Assessment

CairnsPlan Rural Lands Planning District

Code Applicability Compliance

Planning Area Rural 1 Refer to comments below.

Hillslopes Refer to comments below. Vegetation Conservation & Waterway Significance Refer to comments below.

Potential or Actual Acid Sulphate Soil Material

Complies with the requirements of the code. Excavation and fill is contained to the creation of the roadway and access driveways. This area is not situated below 5mAHD and nil excavation will occur below 5mAHD. Overlays

Bushfire Management

Complies with the requirements of the code. Predominantly the site is clear of vegetation with light to moderate slopes. Roadway gradients comply with the requirements of the code. The areas to be developed for dwellings are sited away from the existing vegetation, which is contained within covenants.

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CairnsPlan

Rural Lands Planning District Code

Applicability Compliance

Infrastructure Works Code Complies with the requirements of the code. Conditions have been imposed to ensure compliance.

Landscaping Code Complies with the requirements of the code. Conditions have been imposed to ensure compliance.

Reconfiguring a Lot Code Refer to comments below.

Development Near Major Transport Corridors & Facilities

The Department of Transport & Main Roads assessed the application as a Concurrence Agency and provided conditions to ensure their requirements are satisfied.

General

Excavation and Filling Code

Complies with the requirements of the code. Excavation and filling is contained to the creation of a new roadway and an access driveway. A separate Permit for Operational Work is required to be obtained.

Compliance Issues Rural 1 Planning Area Code The proposal does not comply with the requirements of the code. However, as the site was previously the subject of a Preliminary Approval Overriding the Planning Scheme to allow use rights consistent with the Low Density Residential Planning Area and the submitted application is a consequential application to this approval as such it is considered more appropriate to assess the proposal against the Low Density Residential Planning Area Code. Low Density Residential Planning Area Code The proposal is consistent with the purpose of the Low Density Residential Planning Area Code. The proposal complies with the requirements of the acceptable measures of the code. Hillslopes Overlay Code The site is identified on the Hillslopes Overlay Mapping of CairnsPlan as being partially situated within the Category 1 Rural Hillslopes. The portion of the site identified within the Hillslopes is located within the south-western corner of the allotment. This area is included within land required to be situated within a statutory covenant for environmental purposes. It is considered that the area contained within the Hillslopes is adequately protected and that the proposal complies with the requirements of the Hillslopes Overlay Code. Vegetation Conservation & Waterway Significance Overlay The site is identified on the Vegetation Conservation and Waterway Significance Overlay as containing vegetation with Key Conservation Values and Moderate Conservation Values and a waterway (Jack Creek) with a Category 1 and 2 classification.

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Predominantly the site is cleared of vegetation, the vegetation identified as having conservation values is contained to the south-western portion, where the property bounds the Wooroonooran National Park and to the riparian corridor adjacent to Jack Creek. Jack Creek is the identified waterway with Category 1 and 2 values. The proposal details the intent to provide statutory covenants for environmental purposes over the creek, riparian corridor (10 metres from high bank) and existing vegetation contained within the south-western portion of the lot. This is reinforced through conditions imposed by both Council and the Department of Environment and Resource Management as a Concurrence Agency. It should be noted that CairnsPlan 2009 requires riparian corridors of 20 metres (from the top of the high bank) to be provided adjacent to Category 1 and 2 waterways. However, the preliminary approval detailed a requirement to provide a riparian corridor of 10 metres. Thus, Conditions imposed in conjunction with this approval require the provision of a 10 metre riparian corridor. The areas identified as having vegetation of conservation values and being waterways of significance are preserved. It is considered that the proposal complies with the requirements of the Vegetation Conservation and Waterway Significance Code. Reconfiguration of a Lot Code The proposal complies with the purpose of the Reconfiguring a Lot Code and the Acceptable Measures of the Code, when assessed in the context of the Preliminary Approval, as if the lots were contained within the Low Density Residential Planning Area. Conditions have been imposed to ensure the proposal complies with the requirements of the Code. Regional Plan The site is identified as being situated within the Rural Lands and Regional Production Area (RLRPA) as detailed by the FNQ Regional Plan 2009 – 2031. While this form of development is prohibited within the RLRPA, the site was the subject of a lawfully issued preliminary approval prior to the inception of the Regional Plan and as such is not prohibited development. Officers Comments The submitted application is the formalisation, through the issue of a development permit of land uses approved under the preliminary approval previously issued for the site. The areas of slope, vegetation and waterway as identified above are preserved through the implementation of a statutory covenant for environmental purposes. The proposed development represents a consistent outcome with the requirements of the Preliminary Approval and CairnsPlan 2009 and is recommended for approval, subject to the inclusion of conditions.

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Public Notification / Submissions Not applicable. HEADWORKS / CONTRIBUTIONS: The proposed development triggers Developer’s Headwork’s Contributions. Refer to Appendix 3 to view calculations. S M Cook Planning Officer Action Officer Simon Clarke Manager Development Assessment

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

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APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 3 DEVELOPER CONTRIBUTION CALCULATIONS

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APPENDIX 4 SUPPORTING INFORMATION TO PLANNING REPORT

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Date post:	25-Aug-2018
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