60 Agenda – Planning and Economic Committee 14 August 2013 - #4054379 PLANNING AND ECONOMIC COMMITTEE 14 AUGUST 2013 2 MATERIAL CHANGE OF USE (CODE ASSESSMENT) – HOUSE (HILLSLOPES) – 9 MICHAEL DWYER CLOSE, STRATFORD – DIVISION 8 Daniel Favier : 8/7/2750: #4018513 PROPOSAL: HOUSE (HILLSLOPES) APPLICANT: J CLARSON C/- ACA REUBEN THOMAS PO BOX 331 EDMONTON QLD 4869 LOCATION: 9 MICHAEL DWYER CLOSE, STRATFORD PROPERTY: LOT 9 ON SP187400 PLANNING DISTRICT: FRESHWATER STRATFORD AEROGLEN PLANNING AREA: RESIDENTIAL 1 PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: NONE APPLICABLE DIVISION: 8 STATUTORY ASSESSMENT DEADLINE: 20 AUGUST 2013 APPLICATION RECEIVED 26 JUNE 2013 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. STANDARD DRAWING – ACCESS CROSSOVER
Transcript
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Agenda – Planning and Economic Committee 14 August 2013 - #4054379
PLANNING AND ECONOMIC COMMITTEE
14 AUGUST 2013 2
MATERIAL CHANGE OF USE (CODE ASSESSMENT) – HOUSE (HILLSLOPES) – 9 MICHAEL DWYER CLOSE, STRATFORD – DIVISION 8 Daniel Favier : 8/7/2750: #4018513
PROPOSAL: HOUSE (HILLSLOPES) APPLICANT: J CLARSON C/- ACA REUBEN THOMAS PO BOX 331 EDMONTON QLD 4869 LOCATION: 9 MICHAEL DWYER CLOSE, STRATFORD PROPERTY: LOT 9 ON SP187400 PLANNING DISTRICT: FRESHWATER STRATFORD AEROGLEN PLANNING AREA: RESIDENTIAL 1 PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: NONE APPLICABLE DIVISION: 8 STATUTORY ASSESSMENT DEADLINE: 20 AUGUST 2013 APPLICATION RECEIVED 26 JUNE 2013 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. STANDARD DRAWING – ACCESS
CROSSOVER
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LOCALITY PLAN
RECOMMENDATION That Council approves the development application for House (Hillslopes) located at 9 Michael Dwyer Close, Stratford, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:
Drawing or Document Reference Date Site Plan Project No. 0813 June 2013 Site Works Plan Project No. 0813 June 2013 Blockwork Plan Project No. 0813 June 2013 Elevations (North & East) Project No. 0813 June 2013 Elevations (South & West) Project No. 0813 June 2013
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; and 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
Commencement of Use, except where specified otherwise in these conditions of approval.
Lawful Point of Discharge 3. The applicant/owner must ensure that the flow of all external stormwater
from the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.
Damage to Council Infrastructure 4. In the event that any part of Council’s existing sewer / water or road
infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owner’s/builder’s cost, prior to the Commencement of Use.
External Works 5. Undertake the following works external to the land at no cost to Council: a. Provision of a residential concrete crossover and apron in accordance
with FNQROC Development Manual Standard Drawing S1015. Such work must be constructed in accordance with the Standard Drawing to
the satisfaction of the Chief Executive Officer prior to the Commencement of Use.
Vegetation Clearing 6. Existing vegetation on the site must be retained in all areas except those
affected by the construction of access driveways, house and/or the installation of services as detailed on the approved plans. Any further clearing requires an Operational Works Approval.
Building Colours 7. The exterior finishes and colours of buildings must be non-reflective and
blend with the natural colours of the surrounding environment. Exterior finishes must be of moderately dark to darker shades of green, grey, blue and brown.
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The following proposed building colours are approved for use:
● Roof: ‘Jasper’ by Colorbond The following proposed building colours are not approved for use:
The above requirements must be made known in writing to all prospective purchasers. An alternative Exterior Walls, Fascia, Gutter and Garage Door colour must be provided to Council for approval by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.
Sediment and Erosion Control 8. All works must be in accordance with Section CP1.13 and D5 of the FNQROC
Development Manual, and must comply with an Erosion and Sediment Control Plan.
A copy of the contractors Erosion and Sediment Control (ESC) Plan is to be submitted to Council for endorsement, prior to commencement of any works. In particular, the ESC Plan must address the Institution of Engineers Australia Guidelines for Soil Erosion and Sediment Control and the Environment Protection (Water) Policy and Clauses CP1.05, CP1.13 and D5.10 of Council’s FNQROC Development Manual. The ESC Plan must be relevant to all phases of the construction and be updated where necessary as works progress.
Drainage Plan 9. A site specific drainage plan must be prepared for the site which details:
a. How stormwater from upstream catchments will be conveyed through the site, to a lawful point of discharge; and
b. How the roof water and overland flow from the site will be drained to a lawful point of discharge.
The drainage plan must be certified by a suitably qualified engineer (RPEQ)
and demonstrate that the proposed and existing drainage elements have sufficient capacity, in accordance with the guidelines stated in QUDM, to convey the on-site and upper catchment stormwater.
The drainage plan must be endorsed by the Chief Executive Officer prior to
the commencement of work onsite.
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Drainage Easement 10. No earthworks are permitted within the Drainage Easement L & K on
SP187400. External Works 11. Repair any damage to existing kerb and channel or roadway (including
removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.
Finished Wall Colour of any Retaining Wall 12. Any retaining walls must be constructed of materials and/or finished in
colours which blend with the surrounding natural environment. Finishes must be of moderately dark to darker shades of green, grey, blue and brown.
Structural Certification 13. Any retaining walls or structures higher than 0.9 metre must be structurally
certified prior to the issue of a Development Permit for Building Work. 14. Where the profile or height of the wall is redesigned during structural
certification, amended plans must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.
Geotechnical Assessment 15. A site specific geotechnical report must be prepared by a suitably qualified
and experienced geotechnical engineer. The report is to assess the level of risk in accordance with AGS 2007. If the landslide risk for persons and/or property to the site and surrounding locale is not assessed as either low or very low risk in accordance with the guidelines, the Applicant must undertake detailed geotechnical design and detail any structures/elements which may be required in order to reduce the site’s risk classification to the levels.
The design must be amended to incorporate recommendations made by
both the geotechnical report and stormwater reports. The geotechnical report and details of any amendments to design must be endorsed by the Chief Executive Officer prior to issue of the Development Permit for Building Work.
16. All earth batters steeper than 1 in 2 and or higher than 1.5 metres must be
certified by a qualified Geotechnical Engineer. Certification details must be endorsed by the Chief Executive Officer prior to issue of the Development Permit for Building Work.
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ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act
2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 and Section 341 of the Sustainable Planning Act 2009.
2. The applicant/owner is advised that this approval does not approve the
construction of the building work. A Development Permit for Building Work must be obtained in order for construction to commence.
3. 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.
4. This approval does not negate the requirement for compliance with all other
relevant Local Laws and other statutory requirements. 5. For information relating to the Sustainable Planning Act 2009 log on to
www.dsdip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.
LAND USE DEFINITIONS* In accordance with CairnsPlan Planning Scheme the approved land use of ‘House’ is defined as: “… the use of premises comprising self-contained accommodation located on a
lot for the exclusive residential use of one household. The use includes: ● Outbuildings and structures incidental to and necessarily associated
with the residential use. ● The care of children in accordance with the Child Care Act 2002. ● Accommodation for a member or members of the extended family of
the household occupying the house or for personal staff. The accommodation may be self contained, but may not be separately let.
● The short term letting of a house for the purpose of holiday rental accommodation.”
*This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.
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EXECUTIVE SUMMARY: Council is in receipt of a development application seeking a Development Permit for a Material Change of Use for a House in Hillslopes Overlay (Category Urban 1 & 2) and Vegetation Conservation Waterway Significance Overlay (Vegetation Category 3) at 9 Michael Dwyer Close, Stratford. The development would normally be Self Assessable, however, as the site is affected by the CairnsPlan Hillslopes Overlay and Vegetation Conservation and Waterway Significance Overlay, the level of assessment reverts to Code Assessable. The site is included within the Residential 1 Planning Area, which is generally recognised as appropriate for development for residential purposes. However, irrespective of this, given the site location and characteristics further technical information is required by Council to demonstrate that the proposed ‘House’ design and associated earthworks are geotechnically sound and do not present a risk to persons and property. Such information will be required to be supplied to Council for further assessment and endorsement prior to the issue of the Building Permit. No further vegetation clearing is required to facilitate the location of the proposed ‘House’. Overall it is considered that the proposed development presents a reasonable outcome for the site, however as further information is required to support the application, Officer recommendation is for approval subject to reasonable and relevant conditions. BACKGROUND: The title for the subject lot was registered in 2005 and was part of an overall development that sought the creation of 9 hillslope lots. The subject site was cleared at around this time also and has remained unimproved since. The site was recently purchased by the applicant who intends to construct a new ‘House’ on the property. The original Development Application for the subdivision of the land was supported by a Geotechnical Assessment of the site prepared by Golders and Associates. The report demonstrated that the land could feasibly be developed for residential purposes, however the report specifically stated that irrespective of design, a project specific geotechnical investigation should be carried out on each site prior to residential construction. On 28 February 2013, Council issued approval for the limited clearing of vegetation onsite to facilitate the location of a House. Council Officers advised however that a detailed revegetation/landscaping plan was to be submitted as part of the Material Change of Use Application for the areas of the allotment cleared that were not part of the building footprint. On 13 June 2012 the applicant advised Council that the location of the House footprint had been amended due to engineering consideration and the area originally cleared was no longer included within the new House footprint.
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Fortunately, the vegetation was felled above ground level at the time and stumps are now reshooting. Under the new House footprint the only affected vegetation is a small area required to facilitate location of the garage. On this basis Council Officers advised the applicant there is no need for further revegetation work and the site should be allowed to naturally regenerate. The Development Application for the Material Change of Use (House) was received by Council on 26 June 2013 and subsequently a Request for Further Information was issued by Council on 12 July 2013, seeking the applicant provide specifically, in addition to other information, a geotechnical assessment of the site to support the proposed House design and associated earthworks. Due to timing and cost considerations the applicant’s preference was to provide this information following receipt of a Development Permit for the Material Change of Use. Although it is Council Officer’s preference that this information is provided prior to deciding the application, it is not unreasonable to include reasonable and relevant conditions on a Development Permit to require the applicant provide said information prior to the issue of a Building Permit. This approach has been applied to the assessment of the House Development Applications received by Council and located in Michael Dwyer Close, Stratford. SITE: The lot is located within the Residential 1 Planning Area of the Freshwater-Stratford-Aeroglen Planning District and has a total area of 2,051m². The site is quite steep with no existing building pad areas. As previously discussed the site was previously cleared at the subdivision stage and more recently by the applicant. However, areas not affected by the proposed building footprint will be allowed to naturally regenerate. A drainage easement runs down to the southern and western side of the site. PROPOSAL: The proposal is for a single storey dwelling consisting of 4 bedroom stepped down the slope over three levels, refer to the Executive Plans attached as Appendix 1. Apart from the proposed carport, the building is located within the approved Building Envelope. Access for the proposed dwelling is directly off Michael Dwyer Close. The proposed double garage is located approximately 3.0m of the road property boundary and the House at its closest point is located approximately 1.0m off the road property boundary. Cut and fill is proposed on site to create terraced building pads down the slope for the House. No detailed engineering plans or geotechnical information was supplied with the application.
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CairnsPlan Freshwater-Stratford-Aeroglen Planning District
Code Applicability Compliance
Planning Area Code –Residential 1 Complies
Hillslopes Conditioned to Comply Complies
Vegetation Conservation & Waterway Significance - COMPLIANCE DISCUSSION: The house would be constructed within (except) for the proposed carport) the approved building envelope and within an existing cleared area. Areas cleared in 2013 and not affected by the building footprint will be required to be allowed to naturally regenerate. It is noted that said vegetation was cut just above the base of the trunk and are reshooting. Earthworks, including cut and fill, are proposed onsite to construct a terraced building pad as a platform for the House. It is acknowledged that stepping the building with the terrain minimises the excavation and filling on the land. However, as previously discussed, site specific geotechnical documentation was not provided in the application, nor was it forthcoming when requested in an Information Request issued by Council. Taking into consideration the Geotechnical Assessment prepared by Golders and Associates and provided as supporting documentation to the original Development Application for the subdivision of the land, it is considered reasonable in this instance to approve the proposed development, subject to conditions which require the applicant provide to Council for endorsement a site specific geotechnical assessment. The application is conditioned to require the applicant further incorporate any design recommendations included within the site specific geotechnical assessment, prior to the issue of a Development Permit for Building Works. This approach has been discussed at length with the applicant who is accepting of this outcome. Appropriate development conditions are recommended to resolve potential risk to persons and property. No further vegetation clearing is proposed under this application. The applicant has put forward the following exterior colours for approval: ● Roof – ‘Jasper’ by Colorbond ● Exterior Wall – ‘Moroccan Stone’ by Wattyl Whilst ‘Jasper’ is an acceptable Hillslope colour, ‘Moroccan Stone’ is not. The Hillslopes Overlay Code specifically states that exterior surfaces should not be finished in pastel or terracotta colours, reds, yellows, shades of white or beige, or other bright colours that do not blend with the surrounding vegetation and landscape. ‘Moroccan Stone’ is a terracotta colour which is a blend of reds and yellows which does not blend with the vegetated background.
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The fact that Council Officers do not support ‘Moroccan Stone’ as an exterior wall colour has been communicated with the applicant. The applicant has questioned this position claiming the House will be built on the lower portion of the block and will not be visible from external vantage points. However, the concern still remains regarding this colour and the potential to compromise the visual amenity quality enjoyed by adjoining properties situated in close proximity to the subject site. ‘Moroccan Stone’ in the opinion of the Planning Officer is a colour which would conflict with the natural vegetated backdrop along Michael Dwyer Close and acceptance by Council would not be inconsistent with the administration of the planning scheme. This report recommends that the proposal is approved subject to the applicant providing an alternative external colour scheme for Council consideration and endorsement. BUILDING COMMENT: The siting of the House does not comply with the deemed to satisfy performance criteria of the Queensland Development Code. The application has been assessed by Building Services who have advised that: “The proposed siting and layout request generally appears to satisfy the performance criteria stated in MP 1.2 of the Queensland Development Code, it is considered acceptable to approve the siting of a new dwelling on an irregular shaped block in hillslopes at the end of a close. The primary road front boundary encroachment on Michael Dwyer Close will have negligible impact on neighbouring undeveloped properties due to the surrounding mature vegetation therefore the outlooks and views of the neighbouring properties will not be affected by said encroachment as per the supplied stamped plans. The proposed structure will not impose on the streetscape ort neighbouring properties therefore approval is recommended.” CONCLUSION: Overall it is considered that the proposed development presents a reasonable outcome for the site and is recommended for approval subject to reasonable and relevant conditions. Danny Favier Planning Officer Action Officer Graham Boyd Manager Development and Regulatory Services
