Shoal Point Bay Development - Mackay Council€¦ · For The Pickering Group Planning Report...

Southern Parcel

Balance of Lot 4 on RP817122

Town Planning Report

April 2013

Shoal Point Bay Development

michellem

Received (Manual Date)

© Projex Partners P/L This document is and shall remain the property of Projex Partners P/L. The document may only be used for the purpose for which it was commissioned and in the terms of engagement for the commission. Unauthorised use of this document in any form whatsoever is prohibited. ©

PROJEX PARTNERS PTY LTD 228 Draper Street

Parramatta Park, Qld 4870 PO Box 4751

Cairns, QLD 4870 P 074041 5118 F 07 40415113

E [email protected]

DOCUMENT CONTROL SHEET

Project

Reconfiguration of a Lot

part of Lot 4 RP817122

For The Pickering Group

Planning Report

Document History and Status

Revision Date Issued Author Approved by Date approved Revision type

Draft 1 8.4.13 LB First Draft

Final 9.4.13 PR Final Report

Printed 9.4.13 Last saved 9.4.13 File Name V:\136 The Pickering Group\136 006\_efile Planning\1

Preparation\136-006-002R MRC Author Peter Robinson Client The Pickering Group Project Reconfiguration of a Lot – 1 into 6 lots Document Version Final Report Projex Partners Pty. Ltd. is a registered lobbyist with the Queensland Integrity Commission. It is expected that from time to time tasks defined as lobbying will occur in the process of obtaining the Development Permit in a timely way and on terms that are lawful, reasonable and relevant to the application made. Should lobbying occur, Peter Robinson is the principal person in our firm who will undertake the lobbying process.

TABLE OF CONTENTS

1.0 -- INTRODUCTION ......................................................................................... 1

2.0 -- GOOD PLANNING PRACTICE .................................................................. 2

3.0 -- CONTEXT ................................................................................................... 3

3.1 -- THE LOCALITY ................................................................................................ 3

3.2 -- THE SITE ........................................................................................................ 3

4.0 -- THE PROPOSAL ........................................................................................ 5

4.1 -- THE LAND ...................................................................................................... 5

4.2 -- THE OUTCOME SOUGHT .................................................................................. 5

4.3 -- ALTERNATIVE OUTCOME ................................................................................. 6

4.4 -- MANDATORY INFORMATION ............................................................................. 6

5.0 -- REFERRALS .............................................................................................. 7

6.0 -- OPERATIONAL WORKS MATTERS ......................................................... 9

7.0 --- ASSESSMENT AGAINST PLANNING PRINCIPLES ............................. 10

7.1 -- BACKGROUND ...............................................................................................10

7.2 -- COMMUNITY AND INDIVIDUAL SAFETY .............................................................10

7.3 -- SEPARATION OF INCOMPATIBLE USES .............................................................11

7.4 -- SUITABILITY FOR PURPOSE ............................................................................11

7.5 -- EFFICIENCY ...................................................................................................11

7.6 -- SUSTAINABILITY ............................................................................................11

8.0 -- THE DESIRED ENVIRONMENTAL OUTCOMES .................................... 12

8.1 -- INTRODUCTION ..............................................................................................12

8.2 -- DESIRABLE ENVIRONMENTAL OUTCOMES .......................................................12

9.0 -- PLANNING GROUNDS ............................................................................ 17

10.0 -- ASSESSMENT AGAINST THE PLANNING SCHEME .......................... 19

10.1 -- GENERALLY.................................................................................................19

10.2 -- SPECIFICALLY..............................................................................................19

10.2.1 -- Mackay Frame Locality Code...........................................................19

10.2.2 -- Rural Zone Code in Mackay Frame Locality ....................................23

12.2.3 -- Bushfire Management Overlay Code ...............................................23

10.2.4 -- Coastal Management & Biodiversity Code .......................................24

10.2.5 -- Acid Sulfate Soils Code ...................................................................25

10.2.6 -- Reconfiguration of a Lot Code .........................................................25

10.2.7 -- Environment & Infrastructure Code ..................................................25

11.0 -- STRATEGIC CROPPING LAND ............................................................ 27

12.0 -- COASTAL PROCESSES ....................................................................... 28

13.0 -- CONCLUSIONS ...................................................................................... 30

APPENDICES Appendix 1 – Assessment of Code Compliance

Projex Partners Pty Ltd 136-006-002R-MRC 1 Reconfiguration of a Lot (1 into 5 lots) Part Lot 4 RP 817122

1.0 -- INTRODUCTION

Projex Partners were recently commissioned by Jamie Pickering Pty Ltd atf Pickering Family

Trust No. 4 to prepare and submit an application seeking Preliminary Approval under

Section 242 of the Sustainable Planning Act 2009 (SPA) to vary the effect of the Mackay

City Consolidated Planning Scheme 2009. The variation sought allows part of the land

described as Lot 4 on RP817122 to be used for residential and subdivided into conventional

sized residential allotments as if it were in the Urban Expansion Zone. There was an

associated request for preliminary approval for reconfiguration into some 185 lots.

That application was lodged under eDA reference 1352264587208. The second component of that application sought preliminary approval for reconfiguration of

part of the land in accordance with a local master plan. The actual 185 lot subdivision will

not be undertaken until the adjoining land to the east is subdivided by others as it is a logical

and orderly extension to the residential area so created.

The adjoining land to the east is in multiple ownerships.

The issues associated with the orderly extension across the boundary into this site are not

the same in each location. Further, parts of the site are not easily subdivided into residential

lots and have no real nexus with the adjoining projects. These balance areas do have a role

on the adjoining subdivisions notably areas for storm water discharge and polishing

necessary to achieve code compliant environmental outcomes. Cooperation between the

owners is beneficial to all concerned as well as producing a more cost effective and efficient

outcome

As a consequence, Projex Partners have been commissioned to prepare and lodge this

subdivision application dividing the southern section of Lot 4 into 5 lots, each of which has its

own characteristics and relationships.

Three of the lots are principally sensible residential stages. They are shown in the PA

application referred to above and will be the subject of a DA application when the timing is

right.

The other two lots have no real subdivision potential but are important as future open space

and for drainage infrastructure.

The purpose of the subdivision is to create lots that can be managed and developed logically

and effectively with respect to the master plan, its function and its particular neighbours. In

particular the 5 lot subdivision will create lots that can be integrated with and a logical

extension of the adjoining projects independently of ownership differences. This will allow

cooperative use and installation of necessary drainage infrastructure.


2.0 -- GOOD PLANNING PRACTICE _________________________________________________________________________ It is good planning practice that land and infrastructure be used efficiently. This generally means as much as possible of the unconstrained land in any locality is converted to urban purposes, including residential purposes. To ‘waste’ land is pointless. It also means land with alternative uses is required of urban purposes when otherwise it would not. In the Mackay context where urban growth is into a rural productive hinterland any lots that can be created on unproductive land takes the pressure off productive land. It is also good planning practice to make best use of urban infrastructure. This can be done by ensuring all or as much as possible of the unconstrained land at the fringe is developed before moving into new areas. In this instance taking the subdivision to the topographic edge of the constrained land rather than the arbitrary cadastral boundary is good planning practice. Making it easy to plan and develop the extended residential area is also good planning practice. Creating lots that have a nexus with the adjoining projects simplifies negotiations and enhances the chances of a viable and efficient outcome that is beneficial to all concerned. This too is good planning practice.


3.0 -- CONTEXT

3.1 -- The Locality The site is situated in the western part of the locality known as Shoal Point. Shoal Point is one of a string of beach-side suburbs extending north from the Pioneer River and the central part of Mackay. The locality is residential in character with a diverse range of support activities and services including the kindergarten and primary school located nearby at Bucasia. The locality is typical in its topography of coastal areas throughout the region, consisting of sandy bays between headlands and a predominantly flat coastal plain behind. The urbanising areas are bounded by wetlands and forest systems as well as the movement of agricultural uses which have become isolated by the expanding urban development. The locality is well serviced with urban infrastructure including water supply, sewerage, electricity and telecommunications all with capacity or easily augmented to provide capacity necessary to serve the demand generated by expanding residential communities. Access to the area is good. The linear pattern of development is optimal with respect to provision of public transport. The locality is about 10-14 kilometres from the central part of Mackay in which most of the employment and higher order commercial and community services are located. This is a convenient distance with travel times being much less than typical in larger urban and metropolitan areas.

3.2 -- The Site The site is the balance of a much larger parcel previously approved for residential and tourist development towards its northern end. The western boundary generally aligns with the wetland fringes of Reliance Creek and Sandy Bay. The eastern boundary is an arbitrary cadastral line created generations ago with no real relevance to topography, utility or the environmental values of the site. Much of the site has been cleared decades ago with the clearing extended below the HAT level along much of the wetland fringe. That part of the site above HAT seems to have similar characteristics to the adjoining land to the east and while not being the best quality agricultural land, there does not seem to be any readily identifiable constraint to cropping that part of the site. Even so, inquiries about use of the site going back into the early 1990s do not reveal any cropping history. The site is relatively well drained and appears to be unconstrained by flooding or drainage issues, save possibly for those related to climate change. The site might exhibit the presence of potential acid sulphate soils in some parts although no detailed investigation has been undertaken – that will be left to the pre-operational works application stage. This would not be unusual for land below the 5 metre AHD contour in such close proximity to the coast. It is not a significant constraint to the residential


subdivision and use of the land. Identifying and dealing with PASS material is a normal and routine engineering activity. The site (or at least the part the subject of this application) is not presently connected to water supply, sewerage, electricity or telecommunications infrastructure however there is no reason to believe that these cannot be logically, economically and feasibly extended through the adjoining subdivision into the subject land. In fact, had the subject land been part of the title immediately to the east, it would’ve been a natural and incremental part of the subdivision of the entire site. The subject land is zoned Rural in contrast to the adjoining land to the east which is zoned Urban Expansion. The reason for the differentiation is not clear as physically the land (at the boundary) is indistinguishable. Further, in so far as the project applies to the land above HAT, the subject land is no more constrained in relation to residential development than its neighbour in the Urban Expansion zone. Part of the land is mapped Potential SCL. An application is being made to have it verified as non-SCL by virtue of an absence of cropping history.


4.0 -- THE PROPOSAL

4.1 -- The Land The land the subject of this application is part of Lot 4 on RP817122. The northern part is the subject of earlier approvals. The southern part is the subject of a current application intended to facilitate residential subdivision consistent with and an orderly extension of the adjoining subdivision projects. It is on this southern part that it is proposed to create 5 large lots necessary to deal with the land in an efficient and logical way.

4.2 -- The Outcome Sought The outcome sought is to create 5 lots that can be managed and developed in accordance with the intended master plan. The proposal is shown on drawing 136 006_P101 the proposal plan. This subdivision allows is a logical extension of the separate projects proposed and/or approved to the east. The reason for undertaking this application at this time is to create lots that can be logically developed as an orderly extension of projects in different ownerships on the adjoining land. Further, the balance areas intended for open space activities are consolidated and can be improved and made functional independent of the timing of the various subdivisions. Lot 41 – this lot contains the northernmost sub-stage of the master plan area. It has potential for some 20 residential lots of conventional size along with surrounding open space. It is a logical and orderly extension of possible subdivision to the east. It can be developed independently subsequent to the completion of the project to the east or may be acquired by the adjoining land owner to be subdivided concurrently. This intention is not readily achieved and possibly impossible if Lot 41 is not created. Lot 42 - this lot contains a further sub-stage of the master plan area. It has potential for some 78 residential lots of conventional size along with surrounding open space. It is a logical and orderly extension of possible subdivision to the east. It can be developed independently subsequent to the completion of the project to the east or may be acquired by the adjoining land owner to be subdivided concurrently. This intention is not readily achieved and possibly impossible if Lot 42 is not created. Lot 43 – this lot has no real (residential) subdivision potential. The area above HAT is narrow, irregular in shape and largely disconnected. It does have a role in the foreshadowed sub-regional open space and interpretive area. It also has a potential role in storm water polishing for the upstream catchment including the land to the east. It is premature to transfer the lot into public ownership before the storm water works are designed and installed. The storm water works are not expected to adversely impact on the environment or the role the lot may play in future local and regional open space systems.


Lot 44 - this lot contains a further sub-stage of the master plan area. It has potential for some 87 residential lots of conventional size along with surrounding open space. It is a logical and orderly extension of the subdivision to the east. It can be developed independently subsequent to the completion of the project to the east or may be acquired by the adjoining land owner to be subdivided concurrently. The area below HAT has a potential role in storm water polishing for the upstream catchment including the land to the east. This intention is not readily achieved and possibly impossible if Lot 44 is not created. Lot 45 - this lot has no real subdivision potential as it is almost entirely below HAT. The small area above HAT is narrow and irregular in shape. It does have a role in the foreshadowed sub-regional open space and interpretive area. It also has a potential role in storm water polishing for the upstream catchment including the land to the east. It is premature to transfer the lot into public ownership before the storm water works are designed and installed. The storm water works are not expected to adversely impact on the environment or the role the lot may play in future local and regional open space systems.

4.3 -- Alternative Outcome The potential and unintended outcome of this subdivision may be the creation of 5 lots which once in separate ownership could be used for residential purposes. This is not the applicant’s intention or desire. To limit this possibility, it is intended to make provision of access and services possible but difficult and expensive reducing the attractiveness to buyers seeking a house lot. This will be achieved by providing service connections for each lot and the access point at a convenient location at the southern edge of the existing approval in the northern section of the land. A joint easement will extend to the northern boundary of proposed Lot 45 giving the respective owners rights to build and connect vehicular access as well as water and electricity connections. On the remote chance the overall subdivision of the area fails to be achieved, the lots will be unattractive as house lots.

4.4 -- Mandatory Information All the mandatory information required by the Regulations as set out on the relevant application forms is provided either on the drawings accompanying the application or in the supporting reports dealing with planning and engineering issues.


5.0 -- REFERRALS

The Section 242 part of the application requires referral to various Departments. The Application for a Development Permit – Reconfiguration requires referral under Schedule & of the SPA Reg. Each provision is assessed below. SPA Reg Schedule 7 Table 2 Item 2 Not relevant - The project does not involve land relating to a State Controlled

Road

Item 4 Not relevant - The project does not involve reconfiguring involving operational work made assessable under schedule 3, part 1, table 4, item 1. No mapped RE lies within the vicinity of the new boundaries therefore no clearing is necessary and no clearing becomes exempt.

Item 14 Relevant - The project in in a Coastal Management District.

Item 20 Not relevant - The project does not involve a lot, in an area declared to be a catchment area under the Water Act 2000.

Item 21 Not relevant - The project does not involve an easement in favour of an electricity entity or near a substation.

Item 22 Not relevant - The project does not involve contaminated land.

Item 31 Not relevant - The project does not involve removal, destruction or damage to marine plants

Item 33 Not relevant - The project does not exceed a threshold re public transport set out in Schedule 9.

Item 34 Not relevant - The project does not exceed a threshold re rail transport set out in Schedule 10.

Item 35 Not relevant - The project does not involve a pipeline licence holder.

Item 43A Not Relevant - (a) NO part of the land is situated in a wetland protection area;


SPA Reg Schedule 7 Table 3 Item 2 Not Relevant – does not exceed the threshold in Schedule 11.

Item 28 Relevant (temporarily) - Reconfiguring is for a lot where, under the reconfiguration, any lot with SCL or potential SCL in it is less than 15ha. It should be noted that a concurrent application is being made to have the mapped potential SCL declared non-SCL.


6.0 -- OPERATIONAL WORKS MATTERS

Connection for services and access will be via the adjoining subdivision on the same land to the north. It is proposed to provide vehicular access (via easement if necessary) to the northern boundary of proposed lot 41. As it is a temporary arrangement the standard proposed is a 5.5m wide unsealed gravel pavement with any necessary drainage for safety and serviceability. The standard is that of a good quality unsealed minor rural road. It is better than a token access even though it is likely that it will only ever be used for maintenance and investigation purposes. Electricity (overhead) and water supply will be extended to the northern boundary of proposed lot 41 – the joint easement. In the unlikely event a electricity is required by a future owner they will be responsible for the internal connection along the easement to whatever location power is required. 5 water metered connections will be located on the easement just inside the boundary. In the unlikely event a water supply is required by a future owner they will be responsible for the internal reticulation along the easement to whatever location water is required. The applicant it prepared to accept a condition (that runs with the land and is binding on future owners) that requires the owner to construct a pad for a dwelling and associated uses, with a minimum area of 800 sqm (large enough for code compliant waste water disposal), a minimum height consistent with the coastal hazard protection provisions of the Coastal management Act and located above and not close than 20m landward of the HAT line. A requirement to locate and build a pad at this stage is unwarranted as, firstly it will likely never be needed and secondly if it is needed no one knows exactly where a future owner would want to locate on such large lots. It is not proposed to construct the access on the internal easement. It will likely never be required. It will not align with any future road alignment and will be wasted.


7.0 --- ASSESSMENT AGAINST PLANNING PRINCIPLES

7.1 -- Background The land is in the Rural Zone.

The land has no rural productive potential and has not been used for productive purposes (apparently) for decades. It is likely that any attempt to use the land for rural productive purposes (cultivation) will have considerable adverse impacts given the proximity of the Sand Bay wetlands.

There appears to be no planning logic in mapping the subject land in the Rural Zone. The overall outcomes or intent of the Rural Zone seem focused on preserving and protecting productive agricultural lands – a proper and laudable object save when applied to land that has no productive capacity.

The thoughtful option may have been to split zone the land – the constrained part below HAT in the Open Space Zone and that above in the Urban Expansion Zone. In this way the potential for the land could be more readily realised.

7.2 -- Community and Individual Safety The general aspects related to Community Health and safety are discussed below Consideration Comment Flooding Parts of the site are known to be subject to minor sheet overland flow consistent

with the flat topography and drainage patterns in the area. Even in extreme weather events, it is understood that the depth of flow is minimal and velocity is very low consequently flooding is not considered to be a safety issue. A condition as suggested in Section 6 above will ensure any future dwelling is reasonably flood immune . A secondary inundation mechanism relates to storm surge and sea level rise associated with climate change. Both these effects are the subject of policy determinations which will be complied with. Once a gain a condition is sufficient. The lots resulting from approvals issued under the varied scheme provisions will be safe and serviceable with respect to flooding and drainage.

Bushfire There is no significant bushfire risk.

Slope Stability The land is almost flat – no risk.

Contamination The site has not been used for cropping and there is no evidence that there has been any past use that could cause contamination.

Wastewater disposal

The lots are large enough for unconstrained Code compliant wastewater treatment and disposal.

Traffic There is no hazard associated with the site.

Other No other risk to community or individual health and safety has been identified in relation to the proposed development.


The proposal supports the principle of maintaining a proper level of community and individual health and safety.

7.3 -- Separation of Incompatible Uses No mechanism has been identified by which the occupation of the site as proposed and the adjoining land would be incompatible.

7.4 -- Suitability For Purpose

The subject land is similar to many areas of residential development on the coastal plain. While it may not be considered ‘dress circle’ it is certainly suitable for residential subdivision and occupation subject to the usual conditions and standards that apply to such projects.

The proposal supports the principle of suitability for purpose.

7.5 -- Efficiency

The land has no rural productive capacity so its subdivision has no impact on rural efficiency.

The land has (insofar as it is unconstrained) residential potential. Use of these fringe areas adds to the overall efficiency of the urban area and the infrastructure that supports it.

Allowing subdivision into functional lots that can be integrated with the adjoining subdivisions increases development efficiency and cost effectiveness.

The proposal supports the principle of efficiency.

7.6 -- Sustainability In this context, sustainability involves planning for communities to enable them to meet their present and future needs, without one compromising the other now or in the future. This necessarily requires consideration of economic development and maintenance of cultural, economic, physical and social wellbeing of people and communities.

No mechanism has been identified by which the proposal might compromise the options for the future.

The proposal supports the principle of sustainability.


8.0 -- THE DESIRED ENVIRONMENTAL OUTCOMES

8.1 -- Introduction The project will be assessed against the DEOs. If the new proposal supports the relevant DEOs then that is one of the Planning grounds that supports approval.

8.2 -- Desirable Environmental Outcomes The Desired Environmental Outcomes for the City of Mackay area are as follows. (a) Biodiversity and Habitat/Natural Features i) Significant natural features are conserved and their values are not compromised in order to sustain ecological processes and maintain biodiversity in the City for present and future generations.

Complies – subdivision of the unconstrained cleared land will not compromise the adjoining wetland areas in Reliance Creek. It is more likely that facilitating orderly development of the land and transfer to public ownership where and when appropriate will assist in protecting the creek system will aid maintenance of biodiversity values.

ii) Adverse impacts on the natural environment including remnant vegetation, coastal and inland wetlands, habitat and biodiversity, clean air, and water resources are minimised or prevented for their greenhouse, environmental health and amenity implications.

Complies – no mechanism can be identified by which adverse impacts on the natural environment will result.

iii) The use of land and resources: A) takes into account the direct and indirect, short

and long-term and cumulative consequences of a use; and

B) has regard for the multiple use and values of land and resources for present and future generations.

Complies – the proposal has no more detrimental consequences than the currently approved subdivisions on the adjoining land.

iv) Community safety and buildings, structures and other physical infrastructure are not jeopardised by unacceptable risks due to natural hazards such as bushfire, excessive erosion and land slippage, disturbance of acid sulphate soils, or inundation by flood waters.

Complies – natural hazards are taken in to account and mitigated – refer earlier section of this report.

v) The interface between developed and undeveloped areas is managed to maintain remnant ecosystems and areas of natural, landscape or cultural importance to the community.

Complies – the large lots adjacent to the Reliance Creek system affords a better opportunity to manage the interface than leaving the site as a potentially unmanaged wasteland.

vi) A balance is achieved between the conservation and use of natural resources in order to achieve sustainable economic, social and ecological outcomes.

Complies – the site is a natural and logical extension to the adjoining subdivisions. Facilitating the orderly subdivision of the unconstrained parts achieves the required balance.


(b) Cultural Heritage & Landscape Character i) The aesthetic and amenity values of significant cultural heritage places and areas, as well as notable features of landscape character, are retained and enhanced for the benefit of present and future generations.

Complies – the proposed lots are large and there will be no discernible different compared to the existing situation. Even so a significant buffer is provided to the adjoining natural area.

ii) Places of cultural heritage are recognised and conserved.

NA – none present

(c) Economic Development i) Economic resources such as good quality agricultural land, forests, fisheries, extractive materials, water and land resources are protected from the adverse or limiting effects of proximate, incompatible activity for future ongoing use. Good quality agricultural land is made available for urban uses only with a demonstration of overriding community need.

Complies – no impact on fisheries. No extractive resources present of any significance. The land has no real potential for viable and sustainable agriculture as explained earlier. The subdivision is designed to facilitate proper orderly extension of the adjoining subdivisions.

ii) Diverse employment opportunities are available in accessible locations both north and south of the Pioneer River, and include home-based businesses, business ‘incubators’, technology centres and the like.

NA

iii) The continued development and lawful operations of the Port of Mackay and the Mackay Airport are facilitated and their operational efficiency protected by:

A) limiting development on land directly affected by Seaport and Airport operations; and

B) the inclusion of buffers on adjoining land to mitigate potential impacts of Port and Airport operations.

NA

iv) A network of centres is established and maintained according to a hierarchical arrangement of roles and functions to meet the needs of the population, and includes the following elements, as shown on the Information Map – Network of Centres.

A) the Mackay City Centre (including a core area and a frame area) as the principal centre for all multi-purpose centre activities in the City and the region;

B) the Mt Pleasant Sub-Regional Centre, including Greenfields, Sams Road and Heaths Road, as the second major focus for shopping, commercial and entertainment in the City, functioning as a supporting role to the City Centre;

C) The Rural View Major Neighbourhood Centre as the third major focus for shopping, community and commercial needs in the City;

D) the neighbourhood centres, including Andergrove, Bucasia, Rural View and Walkerston, providing for weekly or high-frequency shopping, community and commercial needs; and

E) a mixed use centre at North Mackay; and F) the local centres, including the small

convenience centres at Bucasia, Blacks Beach, North Mackay, Mt Pleasant, Slade Point and West Mackay.

NA

v) The growth of centres occurs in step with demonstrated community need, recognising the role and function of other centres within the network of centres.

NA


vi) Retail and commercial activities outside a centre identified within the network of centres are limited to premises with a size and function consistent with the provision of local facilities.

NA

vii) The Mackay City Centre is retained and reinforced as the principal centre for the Mackay and Whitsunday region providing high order administrative, business, commercial, cultural, entertainment and shopping services as well as providing a choice of housing types and densities for residents and visitors.

NA

viii) Centres, villages and other commercial areas are attractive, provide a safe environment and are able to be economically and efficiently supported by infrastructure.

NA – residential no commercial component

ix) Operational efficiency of industrial land, particularly for major industries, is protected by:

A) retaining such land primarily for the establishment of industrial activities and related services;

B) encouraging new industrial activities in designated industrial locations on the basis the necessary infrastructure is available or can be made available efficiently and equitably;

C) retaining the major industrial areas free from the constraining effects of inappropriate or sensitive activities either within or adjacent to such areas; and

D) servicing with safe and effective transport infrastructure, such as the sea port, the airport, the rail network and the State and national highway system.

NA – not in proximity to Industrial.

x) A transport network is maintained in functional corridors unconstrained by incompatible or inappropriate activities, servicing the major industries and other major employment and activity centres.

Complies

xi) Rural land: A) is protected from incompatible land uses; B) is maintained in agricultural use, where possible,

in order to ensure the viability of the sugar industry in the City; and

C) provides opportunities for use for a wide range of economic activities including extractive industries, forestry, grazing, intensive animal husbandry and water supply development.

While the site may be zoned Rural it has no productive rural capacity. There is no incompatibility across the common boundary and no mechanism for causing any. The site has no potential for economic activities including extractive industries, forestry, grazing, intensive animal husbandry and water supply development.

xii) Changing trends in the tourism, hospitality and business services sectors in the City are recognised and supported to ensure each industry is able to evolve and grow.

NA

xiii) Mixed use development and higher intensity residential development is located within the City Centre and possibly at transport nodes and some of the tourism nodes.

NA

(d) Amenity and Community Well-Being Community identity is established through the following: i) A wide range of affordable and accessible housing is available which is suitable for the climate, meets the needs of the City’s population and is convenient to community facilities, employment and recreation opportunities.

Complies – the proposal facilitates future orderly extension of the adjoining subdivisions. In this sense it is essential the project proceed to assist in achieving the desired outcome.


ii) Convenient access is provided to a range of community facilities and services, including health care, education, shopping and business services, cultural and entertainment facilities, and recreation and sporting facilities to achieve a standard of living coincident with residents’ expectations.

Complies to the extent relevant.

iii) The City’s population has a high level of mobility through an efficient and viable transport system, including public transport and pedestrian and cycle transport.

NA

iv) a diverse range of public open spaces and recreation opportunities is provided in generally accessible locations or in locations and settings suitable for the desired range of recreational experiences and for the appreciation of the City’s habitat and biodiversity values.

Complies. The project is initially neutral BUT the development it facilitates achieves the stated outcome

v) A wide range of living and lifestyle options are available to residents including urban, rural residential, village, rural and island living.

Complies

vi) The open space network of the City is established and enhanced for the continued use and enjoyment of the City’s population.

Complies – see iv) above

(e) Infrastructure and Urban Growth i) The pattern and rate of urban development meets, in a timely manner, the needs of the Mackay community with respect to housing, commercial services, industrial activities, recreation and cultural pursuits, and includes the efficient provision and use of urban infrastructure.

Complies – the proposal facilitates a logical and proper extension of the adjoining subdivision pattern to be implemented as a sequential extension.

ii) The sequence of urban growth within the City is based on achieving the most efficient and equitable use of land and making use of the existing network of development, transport and community infrastructure.


iii) New development in the City is directed and consolidated into areas presently serviced or areas able to be serviced efficiently and economically.


iv) ‘In sequence’ urban growth occurs in the following pattern:

A) urban consolidation occurs within the existing urban areas, particularly in the McCready’s Creek, Goosepond Creek and Pioneer River (Urban) precincts of the City; and

B) urban, rural residential and village development occurs in land zoned for urban residential, urban expansion, rural residential or village purposes to which infrastructure and community services can be provided efficiently and effectively.

Complies Complies – services can be provided

v) ‘Out of sequence’ urban growth occurs only where a need for additional and is demonstrated and the need is balanced against the cost of providing infrastructure, including community facilities and services, and the impact on the environment. Any such growth must be ecologically sustainable and is limited to areas in the McCready’s Creek, Goosepond Creek and Pioneer River and Southern Streams precincts, which are most easily and economically serviced, providing that the interface with agricultural and other incompatible land uses can be managed appropriately and effectively and the landscape and heritage values of the City are not diminished.

Complies – there are sufficient planning grounds to support the fact this will not be out of sequence development.

vi) In addition, urban growth is located to: A) reduce travel-to-work demands and achieve

increased transport network efficiency; and B) maintain transport corridors, including possible

Complies to the extent relevant – the site is equally well served by the transport network as is the adjoining land. NA – on the edge of the urban area


future corridors, free of constraining uses (eg noise sensitive) wherever possible and practical.

vii) Urban development incorporates ecological sustainability principles including efficient design and efficient use of water.

Complies

viii) The interface between urban areas and other areas is managed to avoid land use conflicts and maintain a high level of amenity for the City.

Complies – fits with both the subdivision of the land to the east and the values of the land to the west.

ix) Villages continue to provide a specific lifestyle option to residents of the City, supported by community facilities and small-scale tourism and convenience services. Major industries co-exist with these services in specific village locations.

NA – not a village

x) Off-shore islands provide a lifestyle option with limited opportunity for residential development. Tourism development subservient to the natural landscape and does not adversely affect the sensitive coastal environment is encouraged on the islands within established resort areas.

NA – not an Off-shore island


9.0 -- PLANNING GROUNDS

This is an application to create 5 lots that facilitate the orderly subsequent development of parts of the land in conjunction with or as an extension to the subdivision of the land to the east. The proposal does not comply with some of the Specific Outcomes and Acceptable Solutions of the Reconfiguration of a Lot Code as applicable to the Rural Zone

There are good planning grounds that justify the approval despite the conflict. These relate to the fact the land is not rural productive land and has no real potential for any sustainable productive purpose. There is no indication that the land was ever considered rural productive land. The reason for inclusion in the Rural Zone is not evident or expressed in the scheme. It may well be that it lies at the margin of what is clearly urban expansion land and the nearby wetland, thus difficult to classify.

The subdivision complies with the DEOs – the assessment is set out in Section 8.2 above.

To the extent it might be considered there is an inconsistency (none have been identified) there are more than adequate planning grounds to overcome them.

The proposal assessed against Planning Principles (Section 9) results in a positive outcome. This is the fundamental planning ground in support of approval.

The proposal will make efficient use of land, which is suited to residential subdivision of the proposed size having regard to location, access, existing infrastructure, environment, neighbourhood, and environmental aspects of the locality.

At present the site is not being used for any rural productive purpose, hobby uses are a very low order use even in rural terms. Residential use is a higher order use and a much more efficient use of the land, because:

• It adjoins urban boundary;

• It can be economically connected to existing service infrastructure- when the adjoining land is developed;

• The part of the site proposed to be subdivided has no intrinsic natural environmental values, having been previously extinguished by clearing etc;

• It does not use land identified as and/or service for higher order uses such as commercial or industrial;

• It is not used for agriculture and it is highly unlikely to be viable for agricultural production in the future;

• It will meet needs of a growing community for attractive, convenient residential lots.

The subdivision will provide choice in housing location and style in a location with good access to community and social facilities for both established and new residential communities.

The subdivision will make provision of urban infrastructure more efficient and lower unit costs.

The proposal provides for significant open space, including significant areas of habitat preservation. While it is beyond the scope of a local subdivision to provide it, the opportunity exists for a joint planning and management exercise that will produce a regional open space facility that will be an asset to the city, its residents (beyond the local area) and the tourist industry.


The proposal will not impact on the continued productive rural use of land beyond the site boundaries.

The traffic associated with the proposal will be appropriately distributed to minimise impacts on the local road system to acceptable levels.

In addition, as is demonstrated in Section 10 above the proposal supports all the relevant DEOs set out in the Planning Scheme.


10.0 -- ASSESSMENT AGAINST THE PLANNING SCHEME

10.1 -- Generally The application for a development permit for subdivision will be code assessable and will comply with the relevant codes. Detailed assessment is not necessary however it is provided in general terms to provide confidence that the project has merit and Preliminary Approval is justified. The assessment against the Overall Outcomes of each of the relevant codes is set out below and the assessment against the Specific Outcomes is contained in Appendix 1. The proposal complies with the intent and requirement of the Codes.

Mackay Consolidated Planning Scheme Code Applicability

Compliance

Locality Mackay Frame Locality � Complies

Zone Rural � NA

Land Use N/A

Overlay Codes Bushfire Management � Complies Coastal Management & Biodiversity � Complies

Codes Acid Sulfate Soils � Will comply Reconfiguration of a Lot � Complies Environment & Infrastructure � Will comply

10.2 -- Specifically

10.2.1 -- Mackay Frame Locality Code

Overall Outcomes Comments

(a) urban development occurs on land included in an urban zone (e.g. Urban Residential, Urban Expansion, Commercial, Industry (Low Impact) and possibly Public Purposes if in an urban setting in preference to land included in non-urban zones, and is serviced with the full range of development infrastructure in accordance with a priority infrastructure plan.

2 The preferred sequence for

urban residential development consists of: (i) in sequence areas

3, land included in the Urban

Residential zone, Urban Expansion zone or Higher Density Residential zone; and (ii) out of sequence areas

4, land included in a non-

urban zone.

Complies to the extent relevant. The proposal facilitates orderly subdivision and efficient use of the land by allowing sensible extension of the adjoining development, despite the different ownerships.

(b) out of sequence urban residential growth occurs only when: (i) there is insufficient comparable land within the city to meet the needs of the City’s population growth based on historical growth rates over the preceding five (5) years and on forecast growth rates over the next five (5) years; (ii) the land is physically suited for urban residential

NA – not out of sequence in a conventional sense Complies, to the extent relevant – the land is physically


purposes and can be serviced with development infrastructure economically and efficiently; (iii) development of out of sequence land will not result in an unsustainable demand for development infrastructure, community facilities and services; and (iv) development of the land will not diminish the amenity, biodiversity, habitat, landscape or heritage character values of the City.

suitable and can be serviced. NA – not out of sequence in a conventional sense Complies – refer earlier sections; no mechanism has been identified by which the nominated impacts might occur.

(c) unserviced residential land (Urban Residential zone, Urban Expansion zone or Higher Density Residential zone) is developed following the take up of serviced land in the locality unless provided with suitable infrastructure at the cost of the developer and without adversely affecting the future coordinated development of serviced land.

NA – not unserviced residential land – it is easily connected via the adjoining project to the north which is in the same ownership.

(d) urban development, particularly for residential purposes, is limited to land unconstrained by excessive slope, inundation by flooding, high risk of land slip or bushfire hazard, proximity to major infrastructure an high impact activity areas including major transport routes and infrastructure.

Complies to the extent relevant

(e) urban development, other than for open space and some water-based recreation purposes, does not increase the risk of loss of life or property damage due to flooding or tidal inundation in major climatic events.

Complies to the extent relevant.

(f) residential uses are provided with buffers to industrial areas to protect residential amenity and avoid constraining industrial activity.

NA

(g) the density of residential development reflects and complements the existing scale and intensity of the Locality and maintains residential amenity by: (i) retaining a predominantly single detached dwelling character in the Urban Residential Zone; and (ii) limiting higher density residential development to the Higher Density Residential Zone.

Complies to the extent relevant Complies NA

(h) new commercial uses are located in the Commercial zone or the Village zone in accordance with the overall outcomes of those zones and the network of centre referred to in the Desired Environmental Outcomes and illustrated, for information, on the Information Map – Network of Centres.

NA

(i) industrial land is: (i) preserved for industrial uses, in preference to non industrial uses such as retailing particularly large scale retailing, residential and community uses; (ii) buffered with landscaped areas of a suitable width, from incompatible activities, such as residential, commercial and community facilities; and (iii) industrial uses which are relatively small scale and have low impact are located within the Industry (Low Impact) zone whilst those industrial uses which are larger in terms of site requirements, infrastructure requirements or impact, are situated in the Industry (High Impact) zone.

NA

(j) rural residential development only occurs on land located within the Rural Residential zone which includes areas at Farleigh, Habana and limited areas at Nindaroo and Walkerston; and

NA – not rural residential

(k) land in the rural area is protected from the constraining effects of encroaching urban and rural residential development;

NA – the land is not productive rural land and unlikely ever to be so given its constraints – particularly shape.

(l) the use and development of rural land comprises sustainable management practices;


(m) non-rural activities in rural localities do not adversely affect the operation of rural uses;

NA – not properly described as a rural location. The locality is better described as future urban residential.


(n) existing infrastructure supporting agricultural activities, such as cane tramways and sugar mills is protected from the constraining effects of encroaching incompatible development;

NA – none present

(o) economically sustainable rural activities are located to access, in the most cost efficient manner, the necessary infrastructure to meet existing and likely future needs and are located to be accessible to the urban area of Mackay and the Port of Mackay.

NA

(p) village areas are developed: (i) as a consolidation of the existing village areas to make more efficient use of the infrastructure and to achieve a more cohesive village identity; and (ii) to be sympathetic and complementary to the distinctive character and amenity of the village derived from its location, setting in a rural landscape, the scale and intensity of the settlement pattern, and the range and nature of facilities and services provided.

NA

(q) the use and development of Strategic Sea Port land5

and Strategic Airport land6 is not adversely affected by

land uses in the Mackay Frame Locality;

NA

(r) development of land adjacent to and within the possible future multi-modal freight corridor does not close off options for the establishment of a Port access corridor linking the industrial areas of the City with the Mackay seaport;

NA

(s) development of land fronting a State-controlled road or rail corridor, or land adjacent to or in the vicinity of Mackay Airport, includes design and siting measures which effectively mitigate the operational impacts of such infrastructure, including noise, diminished air quality and possibly vibration.

NA

(t) the operation needs of rail infrastructure in the City are protected and the potential impacts respected;

NA

(u) development for non-aviation activities within the airport is sustainable, generally consistent with the provisions of this Planning Scheme and sympathetic to activities on land surrounding the airport.

NA

(v) accessibility to major community facilities in the City is maintained and enhanced to optimise their value to the community;

NA

(w) new development in the Locality is: (i) in keeping with the role and function of the road network in terms of its scale and intensity; (ii) in step generally with the planned development of major road transport infrastructure; (iii) for intense forms of activity such as centres or major industries, situated at key locations within the road transport network: (iv) accessible to public transport or accessible to convenient and effective linkages with public transport; and (v) generally in keeping with the planning principles of the Mackay Area Integrated Transport Plan and Shaping Up – A Guide to the Better Practice and Integration of Transport, Land Use and Urban Design Techniques;

NA – accessed to the north NA NA NA Complies to the extent relevant.

(x) tourist developments are encouraged in the Mackay Frame Locality, generally on land included in the Special Activities (Tourism) Zone, Commercial Zone, or High Density Residential Zone and where the form, scale and intensity of tourism development accords with the setting of the site and surrounding areas;

NA

(y) the sites of hospitals and the university are protected from the effects of encroaching incompatible activities such as high impact industries and agriculture;

NA


(z) open space and recreation areas are preserved for the continued use of residents and visitors as well as a landscape contrast with the surrounding urban areas;

Complies to the extent relevant – large lots. Further, the proposal is intended to facilitate the orderly future development of the land for conventional residential lots and open space. The lots not identified as future subdivision have a role as storm water polishing and once set up for this can and are intended to be transferred into public ownership subject to mutually agreed arrangements.

(aa) open space areas are protected from the adverse effects of development:

Complies to the extent relevant. – refer (z) above

(bb) riparian vegetation and other areas of remnant vegetation are protected from encroaching urban development, or is developed in a manner consistent with the relevant overlay code;


(cc) extractive resources, particularly those classified as Key Resource Areas and associated haul routes are protected from encroachment by incompatible development.

NA

(3) Overall outcomes for the Pioneer River (Urban) precinct are not reproduced here. (4) Overall outcomes for the McCready’s Creek precinct are the following: (a) commercial activity including shopping in the precinct is limited to the Commercial zone and accords with the network of centres described in the Desired Environmental Outcomes and as shown on the Information Map – Network of Centres and includes: (i) a major neighbourhood centre at Rural View to meet the needs of the community residing within the McCready’s Creek precinct; (ii) a neighbourhood centre at Andergrove, to meet the needs of the community residing in Andergrove, Beaconsfield, Slade Point and part of North Mackay; and (iii) local centres at Black’s Beach and Bucasia to meet the needs of residents of Black’s Beach and Dolphin Heads, and Bucasia and Shoal Point respectively, which may grow to achieve the role and function of neighbourhood centres at some future time, in response to population growth in the trade areas of each local centre.

NA – residential extension to existing approvals.

(b) tourism development is provided on land included in the Special Activities (Tourism) Zone at Shoal Point, Bucasia, Eimeo, Dolphin Heads, Blacks Beach, and East Point.

NA

(c) development of land adjoining State-controlled road (in particular, the Mackay-Bucasia Road, Harbour Road), rail corridor or Mackay Seaport includes design and siting measures which effectively mitigate the operational impacts of such infrastructure, including noise, diminished air quality and vibration.

NA

(d) development adjoining the “The Cedars-KRA23” Quarry at Nindaroo and the landfill site off Harbour Road and associated haul routes incorporates suitable buffers, design and siting measures which effectively mitigate the operational impacts. Development outside strategic Port land in the area adjoining or surrounding the Mackay Port Authority Quarry should incorporate suitable buffers, design and siting measures which effectively mitigate the operational impacts of such infrastructure, including noise, diminished air quality and vibration.

NA

(e) existing vegetation at Shoal Point, Bucasia, Eimeo, Dolphin Heads, Black’s Beach, Slade Point and East

Complies


Point is retained and protected from encroaching urban development.

(5) overall outcomes for the Goosepond Creek precinct are not reproduced here.

10.2.2 -- Rural Zone Code in Mackay Frame Locality


(a) Rural activities undertaken on land in the Rural zone continue unconstrained by encroachment of incompatible land uses.

There is no sustainable rural activity on the land. The circumstances of the land are such that no viable and sustainable rural productive purpose has been identified. The land does not abut other productive rural land into which is can be practically incorporated.

(b) Rural land in the Glenella area within the Goosepond Creek precinct, maintains its floodplain storage function.

NA

(c) Rural uses establishing adjacent to High Impact Activities (as identified on the Information Map – High Impact Activities), provide buffers to those activities.

NA

(d) Non-rural activities do not occur. Complies to the extent relevant. The lots are large and intended to facilitate subdivision and related works, as well as open space provision in accordance with other approvals; no non-rural activities are intended save for those that may be otherwise approved by Council and others.

(e) Development on rural zoned land adjacent to cane tramways and sugar mills includes buffers to protect the ongoing operation of that infrastructure.

NA

(f) Intensive rural activities locating on rural zoned land are located to maximise accessibility to the City’s major infrastructure and minimise the need to upgrade rural infrastructure.

NA

12.2.3 -- Bushfire Management Overlay Code

The overall outcomes sought for the Bushfire Management Overlay are to ensure: Overall Outcomes Comments

a) The safety of people and property is protected from unreasonable risk from bushfire hazard;

Complies – the land is largely pasture with minimal risk. Lots will have town water connections.

b) development is designed and located to minimise hazard from bushfire;

Complies

c) costs to the community arising from bushfire are minimised;

Complies – large lots

d) infrastructure necessary for the mitigation of bushfire hazard is readily available; and

Complies – extension to town water system mitigates risk.

e) activities which may create a bushfire hazard are avoided.

Complies


10.2.4 -- Coastal Management & Biodiversity Code


a) Biodiversity is safeguarded for future generations through: (i) the conservation and management of a range of habitats (both aquatic and terrestrial) including coastal habitats, riparian areas and World Heritage Areas; (ii) the protection of species (including rare and threatened species) and wildlife nesting and breeding areas (turtles and shorebirds) by retaining the coast in its natural or non-urban state outside of existing urban areas; and (iii) the provision of corridors linking vegetated areas to provide connectivity.

Complies – there are adequate setbacks to the wetland areas, opportunities for undisturbed natural regeneration and better management of the interface that currently occurs. If warranted building envelopes can be established but this is probably unnecessary as the house site will be above HAT

b) Loss of vegetation, including riparian vegetation, is minimised in sensitive coastal environments.

Complies – there is no loss of riparian vegetation of any significance.

c) Fauna is protected by ensuring connectivity of ecosystems is maintained and re-established.

Complies – no east-west connectivity is currently available or necessary as the adjoining land is planned for residential subdivision.

d) Significant coastal wetland communities, remain largely undeveloped and are provided with suitable buffers to adjoining development in order to maintain: (i) the values and functions of salt flats to retain estuarine viability; (ii) habitat for rare, threatened and migratory species; (iii) fishery habitats; (iv) the role of wetlands in providing protection to coastal hazards; and (v) natural characteristics of wetlands including topography, groundwater, and plant and animal species.

Complies – there is no mechanism identified by which the nearby wetland would be adversely impacted by the proposed 5 lot subdivision.

e) Significant biodiversity and habitat areas, remain largely undeveloped and are provided with suitable buffers to adjoining development in order to maintain: (i) the values and functions of these areas; (ii) habitat for rare, threatened and migratory species; and (iii) natural characteristics of these areas including topography, groundwater, and plant and animal species.

Complies - there is no mechanism identified by which the biodiversity etc would be adversely impacted by the proposed 5 lot subdivision.

f) The coastal zone is protected from incompatible development to maintain natural coastal processes and tidal regimes including the long-term stability of dunes and other types of coastal land forms.

Complies - if warranted, building envelopes could be established above the HAT line on each new lot.

g) Significant adverse effects of development on fisheries, fishing grounds, spawning and nursery areas are minimised.

NA – no mechanism has been identified by which the proposed 5 lots would adversely impact fisheries values.

h) Reconfiguration of lots in the coastal zones minimises impacts on sensitive environments and facilitates public access.

NA – no mechanism has been identified by which the proposed 5 lots would adversely impact environmental values.

i) Development reflects water sensitive urban design principles.

NA – 5 large lots. Although one of the purposes of the subdivision is to create lots that facilitate implementation of viable and cost effective storm water design and treatment.

j) Public access to and along the coast meets the public expectations for access to the coast, without detrimentally affecting the environmental values of the coast.

NA – public access is not warranted at this stage.

k) Extractive industry is minimised in the sensitive coastal environments to prevent adverse impacts on coastal resources, processes, and habitats.

NA

l) Risks to life and property resulting from hazards, including natural hazards, in coastal locations are minimised.

Complies – will comply with all relevant codes in this respect including the Coastal Management provisions setting minimum lot levels.


10.2.5 -- Acid Sulfate Soils Code

The code will be complied with at Op Works application stage.

Overall outcomes Comment

a) Potential for environmental harm resulting from the disturbance of coastal land known to contain acid sulphate soils is minimised by the adoption of appropriate management techniques;

Will comply

b) corrodible assets are protected from the impacts of acid sulphate soils; and

Will comply

c) possible adverse environmental impacts are mitigated where Acid Sulfate Soils are likely to be disturbed by excavation or filling or by lowering the water table (e.g. groundwater pumping)

Will comply

10.2.6 -- Reconfiguration of a Lot Code


a) reconfiguration of lots is consistent with the economic and orderly growth of the locality;

Complies – facilitates orderly extension of the adjoining subdivision pattern. Refer Section 4.2 above

b) new lots, including small lots, have areas and dimensions which meet use requirements and reflect environmental characteristics;

Complies – lots are designed to have a particular function and role in the orderly development of the locality generally. No mechanism has been identified by which the lots would impact the environmental characteristics of the locality.

c) new urban residential estates are connected with and extend the existing hierarchy of roads indicated in the Key Infrastructure Maps (A and B);

NA – 5 large lots.

d) infrastructure networks are designed to perform their intended functions safely and efficiently; and

Complies – can connect to the development to the north as an interim measure.

e) public open space is provided as part of development involving reconfiguration of a lot, to meet the recreational needs of the community and to protect valuable features.

NA – 5 large lots

10.2.7 -- Environment & Infrastructure Code

The overall outcome sought for the Environment and Infrastructure Code are to provide for ecologically sustainable development in the City (irrespective of its scale or intensity) by ensuring that:


(a) infrastructure services are: i) suitable for the intended use of the land; and ii) provided in a cost effective, coordinated, efficient and equitable manner that supports sustainable development practices;

Will comply Will comply

(b) The Great Barrier Reef World Heritage Area is protected from direct or indirect impacts of development;

Complies – No mechanism has been identified by which the lot would impact the environmental characteristics of the locality.

(c) development incorporates Water Sensitive Urban Design (WSUD) principles;

Will comply to the extent relevant

(d) development is suitable having regard to the underlying geology and soil conditions;

Complies

(e) uses sensitive to external noise, vibration, dust and odours are protected from unacceptable impacts;

Complies


(f) overshadowing and lighting from development does not cause a substantial loss of amenity for residents or adversely impact on the environment;

NA – none present

(g) air quality in the City’s air shed is maintained; Complies (h) the quality of the surface and groundwaters in the City is maintained and protected from the effects of development;

Complies

(i) the risk to life and property resulting from flooding and storm surge inundation is minimised;

Complies – will meet all relevant codes including the Coastal Protection policies with respect to climate change. Condition can bind future owners.

(j) erosion prone areas are protected from incompatible development to maintain natural coastal processes and tidal regimes including the long-term stability of dunes and other types of coastal land forms.

Complies – building envelopes can accommodate policy requirements

(k) public access to and along the coast meets the public expectations for access to the coast, without detrimentally affecting the environmental values of the coast.

NA – 5 large lots. Will be a function of later development.

(l) land uses adjoining high impact activity areas do not detract from the ongoing operation of those areas;

NA

(m) storage of hazardous substances is undertaken having regard to public safety;

NA

(n) adverse environmental impacts particularly from industrial uses, upon the surrounding ecosystems and the nearby residential areas are avoided;

Will comply to the extent relevant

(o) landscaping is provided on premises to: (i) be environmentally responsive; (ii) provide shade; (iii) enhance the appearance of the development; (iv) buffer incompatible development; and (v) maximise opportunities for revegetation and rehabilitation of development sites;

NA

(p) development enhances community safety through design that: (i) minimises the opportunity for, and reduces the risk of, crime; (ii) provides for informal surveillance of public space so that anti-social behaviour or crime related incidences are discouraged, detected and prevented; (iii) reduces the fear and risk of crime for people using private and public open space; and iv) contributes to an urban environment which is user friendly and safe to live, work and move in at any time of day or night.

NA – 5 large lots only


11.0 -- STRATEGIC CROPPING LAND

Part of the land the subject of the application and proposed to be subdivided in accordance with the Concept Plan is also mapped Potential Strategic Cropping Land. The Department of Natural Resources and Mines advise that it may take up to three months to have an application for the land to be declared non-SCL on the basis of cropping history. Analysis of air photographs from 1998 onwards shows that no cropping took part on any of the land during that period and is expected that the determination will eventually be made that the land is non SCL. In any case, the applicant has decided to lodge the application on the basis that the mapped area is SCL and proceed concurrently with the request to have the Potential SCL declared non-SCL. If this does occur the mandatory condition will not apply as DERM will fall away as a referral agency.


12.0 -- COASTAL PROCESSES

The published Erosion Prone Area is in two parts. The first relates to linear distance from nominated features; in this case the line drawn across the mouth of a waterway. That line is shown on the marked up map (extract) below. The site is not affected by this line.

Extract from MAR1A map 5 showing extent of 400m setback.

the definition and the comments applicable to this project are provided below Erosion Prone Area Definition 1. Erosion prone areas are deemed to exist over all tidal water to the extent of Queensland Coastal Waters and on all land adjacent to tidal water.

The control is applicable

2. Erosion prone areas include areas subject to inundation by the highest astronomical tides (HAT) by the year 2100 or at risk from sea erosion.

As it is impractical to identify a house site on such large lots unless a building envelope is nominated, filling is impractical. A condition (runs with the land) requiring any future dwelling to have a floor level 1.1m above present HAT – 300 above the anticipated level of HAT in 2100 would be considered reasonable.

3. On land adjacent to tidal water the landward boundary of the erosion prone area shall be defined by whichever of the following methods gives the greater erosion prone area width:

a. a line measured 40 metres landward of the plan position of the present day HAT level except where approved revetments exist in which case the line is measured 10 metres landward of the upper seaward edge of the revetment, irrespective of the presence of outcropping bedrock;

The lots are adjacent to a wetland and no erosion mechanism exists. In the unlikely event the lots are used for a dwelling, conditions and the extended period (100 years) to adjust access arrangements is not unreasonable


b. a line located by the linear distance shown on Table 1 and measured, unless specified otherwise, inland from:

i. the seaward toe of the frontal dune (the seaward toe of the frontal dune is normally approximated by the seaward limit of terrestrial vegetation or, where this cannot be determined, the level of present day HAT); or ii. a straight line drawn across the mouth of a waterway between the alignment of the seaward toe of the frontal dune on either side of the mouth

c. the plan position of the level of HAT plus 0.8 m vertical elevation. Except:

i. where the linear distance specified in 3b is less than 40 metres, in which case section 3a. does not apply and the erosion prone area width will be the greater of 3b and 3c; or

ii. where outcropping bedrock is present and no approved revetments exist, in which case the line is defined as being coincident with the most seaward bedrock outcrop at the plan position of present day HAT plus 0.8m; or iii. in approved canals in which case the line of present day HAT applies, irrespective of the presence of approved revetments or outcropping bedrock.

NA – see initial comments in this section The linear distance in 3b. is 400m but the 400m does not impact the site, consequently this provision is confusing and vague. 3a. should apply taking into account the proposed revetment and the circumstances of the site otherwise it is difficult to see how compliance with Section 345 of SPA can be achieved. NA NA


13.0 -- CONCLUSIONS

The application has planning merit. To the extent the proposal does not achieve some Specific outcomes there are sufficient planning grounds demonstrated to justify approval despite the conflict. The proposal seeks to facilitate the orderly development of the land in accordance with good planning practice and the application lodged earlier. The reconfiguration layout as shown in the earlier master plan is enabled by the proposal. The proposed lots are suitable for its intended purpose as well as single dwellings in the unlikely event the intended purpose not be achieved. The potential effects of climate change are accommodated in accordance with the contemporary policies. The proposal complies with the relevant provisions of the codes. The proposed lots can be economically serviced. The proposed lots are unconstrained for their intended purpose and can be developed using conventional engineering practices.


Appendix 1 – Assessment of Code Compliance

Mackay Frame Locality

Specific Outcomes Acceptable/Probable Solutions Comments P1 Commercial development is located in the commercial zone and does not detract from the network of centres referred to in the Desired Environmental Outcomes

S1 No solution specified. NA

P2 Residential development where residential use is the predominant activities (as distinct from farming for example) occurs on land located within the Village zone, Urban Residential zone and the Rural Residential zone.

S2 No solution specified. NA – not conventional residential lots

P3 Tourist development sites generally exhibit a number of the following characteristics: (i) proximity to infrastructure and services adequate to meet the day-to-day needs of the tourist population likely to be generated by development on the site; and (ii) proximity to a natural attraction without the potential for adverse effects upon the attributes or values which give rise to the attractiveness of the site; or (iii) an area of land sufficient to contain fully the extent of the proposed development and the potential impacts likely to flow from it; (iv) land suitable in its physical characteristics to accommodate the form, scale and intensity of development proposed without imposing unnecessary or unacceptable impacts upon the surrounding area; or (v) are not located within established residential areas or accessed only via residential street.


P4 Land uses adjacent to industrial areas and key extractive resources areas which are incompatible with those areas include a buffer which mitigates any adverse impacts from the industrial use on the new use.


P5 Residential development on land zoned for residential uses, adopted or creates new traffic and transport systems which: (i) are based on the hierarchy of roads; (ii) are appropriate to the transport and traffic tasks required

S5 No solution specified. NA.


by the proposed development, having regard to its scale, intensity and character; (iii) are linked efficiently and safely with the existing road network; (iv) promote the safe movement of traffic, cyclists and pedestrians throughout the development area; and (v) minimises the potential for through traffic and local traffic conflicts and for industrial and non-industrial traffic conflicts. P6 Rail infrastructure corridors in the City are protected from the constraining effects of proximate, sensitive land uses by seeking buffers, acoustic screens and other forms of physical separation. Where development occurs in close proximity to a rail corridor, appropriate mitigation measures in the design and siting of buildings and recreation space are provided.


P7 New uses and development within the rail corridor, including rail freight yards, stations and shunting years, has regard for the environmental impacts upon adjacent and adjoining properties.


P8 The network of cane tramways throughout the City is protected from the effects of incompatible development. New estate development for urban residential, rural residential or village purposes is planned to minimise the potential for tramway traffic to conflict with vehicular, bicycle or pedestrian traffic through a combination of careful design and maintaining adequate buffers or separations.


P9 New development is serviced by the full range of urban infrastructure in an orderly, efficient and equitable manner as established in the priority infrastructure plan.

7

S9 No solution specified. Will comply

P10 Land fronting the Bruce Highway has limited direct access, if any, to the highway in accordance with the requirements and specifications of the Department of Main Roads.


P11 The route of the possible future Port Access corridor linking the industrial areas of the City with the Mackay seaport is preserved.


P12 The use and development of port land subject to freehold lease or similar title, or land adjacent to the airport, includes mechanisms to minimise, mitigate and manage any environmental impacts on the



freehold land which may arise from the port operations. P13 The operational efficiency of the major road transport routes serving the Mackay seaport, the airport, the railway and the Paget industrial area is maintained by: (i) ensuring adequate buffers or separations between noise and traffic sensitive activities and these major routes; and (ii) planning development according to the road hierarchy illustrated on the Information Map – Key infrastructure.


P14 Open space areas are protected from the adverse affects of development through: (i) limiting development within open space areas to low impact activities, facilities and works that maintain the value of the area; (ii) locating development on adjoining land in parts of the site less likely to have adverse effects; (iii) providing buffers to open space areas of sufficient width to mitigate any adverse effects; and (iv) adopting impact mitigation and management measures for development likely to cause adverse effects.

S14 No solution specified. NA – 5 large lots

P15 Open space and recreation areas are preserved by providing that development of land in proximity to high use areas (e.g. the racecourse at Ooralea) is designed and sited to take into account:

(i) noise; (ii) lighting; and (iii) traffic impacts of

activities and major events.


Rural Zone Code in Mackay Fame Locality

(3) The specific outcomes and acceptable/probable solutions for the Rural Zone in the Mackay Frame Locality are as follows: Specific Outcomes Acceptable/Probable Solutions Comments

P1 The use of rural zoned land for rural purposes is sustainable over the long term by: i) avoiding fragmentation of

agricultural lots; and ii) using the land according to

industry best practice, including:

- risk reduction for natural hazards such as bushfire, flooding, land slips and soil erosion;

- the management of weeds and

S1 No solution specified. NA – the land has no real productive capacity consequently subdivision does not impact productivity or other rural land


pests; - ensuring the intensity of use is in

keeping with the capacity of the land.

12

12

Certain management practices for the conduct of an agricultural use are ‘exempt’ development in accordance with Schedule 8 of the Integrated Planning Act 1997.

Specific Outcomes Acceptable/Probable Solutions Comments

P2 The major infrastructure supporting the sugar industry mills and associated network of tramways and haul-out roads is protected from the effects of encroaching sensitive land uses.

S2 No solution specified. NA – none present

P3 Intense forms of rural activity requiring significant improvements to the City’s infrastructure, are located within reasonable proximity to the urban area of Mackay and the Port of Mackay, providing that the environmental impacts can be managed and the particular nature of the activity does not require a more remote location.

S3 No solution specified. Na – none proposed

P4 Rural residential Development does not occur.

S4 No solution specified. NA – not rural residential

Bushfire Management Overlay Code

Specific Outcomes Acceptable/Probable Solutions Comments P1 Development maintains the safety of people and property by: i) avoiding the areas of High or Medium bushfire hazard as indicated on the Bushfire Management Overlay Map; or ii) mitigating the risk through:

a) allotment design and the appropriate siting of buildings; and b) including firebreaks that provide adequate setback between buildings /structures and hazardous vegetation and access for fire fighting and other emergency vehicles; and

c) providing adequate road access for fire fighting and other emergency vehicles and safe evacuations; and

d) providing an adequate and accessible water supply for firefighting purposes.

Note: To assist Council in assessing an application for Assessable Development in a bushfire hazard area information should be provided as detailed in the

S1.1 Development is located on land that is not subject to High or Medium bushfire hazard as indicated on the Bushfire Management Overlay Map; or S1.2 For all development: i) buildings and structures on lots greater than 2,500m

2;

a) achieve setbacks from vegetation of 1.5 times the predominant mature canopy tree height or 10m, whichever is greater; or b) 10m from any retained vegetation strips or small areas of vegetation; ii) buildings and structures on lots 2,500m

2 or less are serviced by the

following: a) a reticulated water supply that has sufficient flow and pressure characteristics for fire fighting purposes at all times (minimum pressure flow of 10 litres a second at 200 KPA); or b) an on site storage of not less than 5,000 litres (eg accessible dam or tank with fire brigade fittings, or swimming pool). S1.3 Firebreaks are provided by: i) a perimeter road that separates lots from areas of bushfire hazard and that

Complies – proper analysis will show the land in its developed state is not of High or Medium Bushfire hazard. NA Complies NA Can comply but unnecessary – adjoining land is pasture or residential presenting no significant bushfire risk


Bushfire Management Planning Scheme Policy.

road has: a) a minimum cleared width of 20m; and b) a constructed road width and all weather standard in accordance with Engineering Standards Planning Scheme Policy or ii) fire maintenance trails which: a) have a minimum cleared width of 6m; b) have vehicular access at each end; c) provide passing bays and turning areas for firefighting appliances; d) are either located on public land, or within an access easement that is granted in favour of Council and QFRS; and e) cleared breaks of 6m minimum width are provided within retained bushland within the site (eg creek corridors and other retained vegetation) to allow burning of sections and access for bushfire response.

P2 For development that will result in multiple buildings or lots (being Community Title Lots): i) buildings and structures are sited on lots that are designed so that their size and shape allow for: a) efficient emergency access to buildings for firefighting appliances (eg by avoiding long narrow lots with long access drive to buildings); b) setbacks and buildings siting in accordance with 1.2 above.

S2 No solution specified. NA - no Community Titled

P3 Roads have: i) a maximum gradient of 12.5%; ii) exclude cul de sacs, except where a perimeter road isolates the development from hazardous vegetation or the cul de sac is provided with an alternative access linking the cul de sac to other through roads.

S3 No solution specified. Complies

Hazardous Materials

P4 Public safety and the environment are not adversely affected by the detrimental impacts of bushfire on hazardous materials manufactured or stored in bulk.



Coastal Management & Biodiversity

Specific Outcomes Acceptable/Probable Solutions Comments Development in Coastal Areas

P1 Urban expansion into non-urban zones does not locate within, or impact on: (i) significant coastal wetlands; (ii) riparian areas; (iii) sites containing important coastal resources of economic, social, cultural and ecological value (including significant dune systems and endangered regional ecosystems); and (iv) areas identified as having, or the potential to have, unacceptable risk from coastal hazards.

S1 No solution specified. Complies – the possible dwellings will be setback from the HAT line.

Nature Conservation Areas


Habitats of Rare, Threatened or Endangered Species

P1 Ecological values and functions are protected, on: (i) land abutting shorebird habitat areas is developed in a manner consistent with the protection of the use of the habitat by shorebirds; and (ii) land within 500m of turtle nesting beaches are protected from incompatible development.

S1.1 Where development is proposed on land within for abutting habitat areas development other than for conservation purposes is minimised. S1.2 Where land abutting shorebird habitat areas: (i) a vegetated buffer is maintained to prevent conflict; (ii) public access is minimised and managed to avoid adverse impacts on habitat; (iii) operational or building works are avoided during September to April; and (iv) only native endemic species are planted. S1.3 Development within 500m of Turtle nesting beaches: (i) maintains a vegetated area adjacent to the beach free of any development; (ii) ensures lighting does not spill into beach areas; (iii) maintains a buffer of a minimum of 200m adjacent to turtle nesting areas; (iv) minimises public access; (v) uses sodium vapour lamps (or equivalent) for all outdoor lighting during turtle nesting season; and (vi) provides lighting including street lighting that is no higher than the buffering vegetation and is turned away from the beach or lighting with characteristic

NA – the subdivision does not abut a habitat area NA – the subdivision does not abut a habitat area NA


wavelengths that do not affect turtles.

Connectivity and Vegetation Protection

P2 The genetic dispersal of flora and fauna species, is facilitated by maximising the retention and enhancement of connectivity between vegetated areas, in particular, the site incorporates: (i) fauna movement corridors; and (ii) existing riparian vegetation.

S2.1 Areas of existing remnant vegetation are retained and enhanced on the site such that vegetation linkages are created. S2.2 Riparian vegetation is retained within 100m of the high bank of a watercourse. S2.3 Riparian vegetation is replanted in disturbed or cleared areas of riparian corridors.

Complies Complies – no riparian vegetation is removed. Will comply in accordance with a management plan agreed with Council.

P3 The biodiversity and habitat values of riparian systems are protected from: (i) increased nutrient or sediment levels; or (ii) changed flow or hydrologic regimes of watercourses, including seasonal, temporal, chemical or thermal changes.

S3.1 Sediment and nutrient loadings of watercourses are minimised through: (i) provision of stormwater run-off controls; and (ii) on-site and off-site erosion controls. S3.2 The natural flow regime is maintained by: (i) no interference with a natural watercourse except for rehabilitation purposes; and (ii) the retention and restoration of native riparian zones to improve bank stability and in-stream ecological values and restrict weed growth.

Will comply NA – lots will be relatively flat Will comply to the extent practical and feasible.

P4 The release of stormwater into partially or fully enclosed systems with low water exchange rates such as coastal wetlands, lagoons or coastal estuaries is minimised by utilising: (i) recycling of water; (ii) re-use after treatment; or (iii) alternative discharge points. Note: Supporting information that may be required in order to demonstrate compliance is set out in the Erosion Prone Area Planning Scheme Policy.

S4 No solution specified. NA – not partially or fully enclosed systems

Coastal Wetland Communities These provisions are largely a matter for assessment and design at Op Works Stage


P1 Development within 100m of coastal wetland communities as identified on the Coastal Management and Biodiversity Overlay Map is minimised.

S1 No solution specified. Complies to the extent practical and feasible.

P2 Development including reconfiguring a lot, within 100m coastal wetland communities as identified on the Coastal Management and Biodiversity Overlay Map – Coastal Wetland

S2.1 Development for Reconfiguring a lot provides for the retention of land as open space where it is located within 100m of a wetlands area. S2.2 Stormwater runoff from

Complies with the Specific Will comply to the extent practical


Communities: (i) Maintains an area between the wetland and development of a width and with characteristics that will safeguard the functions of the wetland and allow for natural fluctuations of location; (ii) has no significant impact on the natural characteristics of the wetland, including the topography, ground water hydrology, water quality, and plant and animal species; (iii) provides open space areas on the site for conservation purposes; and (iv) provides open space within the site as well as linking corridors of open space between the site and adjoining conservation significant areas.

development within 100m of a coastal wetlands and watercourses is subject to quality improvement and flow velocity reduction to ensure that the water quality in the wetlands is maintained and considers the cumulative effect of runoff. S2.3 Specifically heavy metals, litter, hydrocarbons, sediment and nutrient loadings of waterways are minimised through: (i) provision of storm water run-off controls; (ii) on-site and off-site erosion controls; and (iii) maintenance and restoration of vegetative riparian buffer areas. S2.4 Development complies with the requirements of the Planning Scheme Policy 15.07 Engineering Design Guidelines, D7 Soil and Water Quality Management.

and feasible. Will comply to the extent practical and feasible. Given there are only 5 large lots potential pollution is negligible. Will comply

P3 Any rehabilitation or re-establishment of coastal wetland communities does not result in the loss or detriment to other naturally occurring coastal wetland communities.


Landscaping

P4 Landscaping within 100m of coastal wetland communities or adjacent to natural waterways as identified on the Coastal Management and Biodiversity Overlay Map – Coastal Wetland Communities: (i) consists of entirely local native species; and (ii) enhances the ecological values and habitat significance of the particular area.

S4 Landscaping within 100m of coastal wetland communities or adjacent to natural waterways as identified on Coastal Management and Biodiversity Overlay Map – Coastal Wetland Communities: (i) retains all existing local native vegetation on the site; and (ii) uses only locally endemic species in new plantings.

Will comply

Coastal Hazards


P1 Areas subject t risk from coastal hazards are retained undeveloped or are identified for non-residential or community purposes.

S1 No solution specified. The project will be designed and constructed in accordance with all current codes relevant to Coastal Hazards, including filling above the current level of HAT where that is required. The result will be lots that are adequately protected from coastal hazards.

Water Courses

Specific Outcomes Acceptable/Probable Solutions Comments P1 Development adjoining natural watercourses provides buffer areas to minimise any adverse impacts on the adjacent watercourses.

S1 A vegetated buffer is provided, adjacent to a natural watercourse, above the extent of the highest astronomical tide (HAT) free of physical disturbance having a minimum width of:

Will comply – existing vegetation will be retained save for necessary access route/driveway


(i) 100m in tidal areas; and (ii) 50m adjacent to non-tidal areas.

P2 Watercourses are protected, whilst maintaining flood conveyance, water quality and habitat functions.


Public Access


P1 Public access to the coast is not limited by development and does not adversely affect coastal environmental values.

S1 No solution specified. NA – no coastal access opportunity

Buildings and Other Structures

P2 Structures (building and works) do not impede public access to and along the foreshore except where the restriction of access is necessary to protect environmental values


Reconfiguring a Lot

P3 Development involving reconfiguring a lot (subdivision) provides an area of land adjacent to the coast and waterways sufficient to permit for safe public access, which also minimises adverse impacts on the coastal environment.

S3 Development involving reconfiguring a lot (subdivision) where located in the coastal zone, provides for access that: (i) avoids roads running parallel to the coast or waterway; (ii) sites spur roads I locations that minimise impacts on coastal resources by:

(a) utilising areas of low environmental sensitivity; and

(b) avoiding areas that increase storm tide hazard.

Complies

Public Access Infrastructure

P4 Public access infrastructure is located to minimise risks to public safety and impacts on the coastal resources, process and habitats.

S4.1 Access infrastructure is located away from areas where: (i) potential erosion of dunes and banks is likely to be increased; (ii) tidal regimes and coastal processes could be affected; and (iii) significant aquatic or terrestrial habitats value exist. S4.2 Access infrastructure is designed to: (i) maintain natural movement of sand and sediment; (ii) avoid contributing to surface or geological instability or erosion of the foreshore; (iii) utilise single access points wherever possible; (iv) direct people away from sensitive areas; and

NA – not relevant NA


(v) be compatible with the scenic coastal landscape and topographic conditions.

P5 Pedestrian access areas: (i) Locate paths away from sensitive habitat and areas; (ii) Ensure users remain on the footpath and walkways to minimise physical impacts on the local environment through appropriate signage and fencing.

S5 No solution specified. NA – 5 large lots only – access will be a part of future proposals

Infrastructure

Specific Outcomes Acceptable/Probable Solutions Comments P1 Infrastructure, including infrastructure of state economic significance including maritime transport facilities, and including pontoons, ramps and jetties, is designed, located and constructed to: (i) avoid locating in areas included within a Coastal Wetland Area or within the 100m Buffer Area except where there is a net benefit for the state as a whole. (ii) minimise adverse impacts on coastal wetlands, particularly in relation to hydrology, disturbance of habitat and surface water flow, through appropriate engineering (i.e. culverts, exclusion fencing, bridges and pylons); and (iii) ensure no adverse impacts on coastal resources resulting from rural infrastructure such as dams.


Acid Sulfate Soils Code

This is a matter for design and assessment at Op Works Stage. There is no reason to believe that conventional engineering process, undertaken in accordance with the published guidelines, will not provide proper outcomes.


P1 Where excavation or filling is to be undertaken in areas of Acid Sulfate Soils, a comprehensive approach to acid sulphate soil management is taken to: (i) maintain water quality at more than 5.5 pH; (ii) maintain the health and ecological health of the receiving environmental; (iii) avoid adverse effects on environmentally sensitive areas; and (iv) avoid accelerated corrosion of assets such as buildings, structures, road and other infrastructure. Note: Where S1.1 is not complied

S1.1 Development: (i) does not disturb Acid Sulfate Soils; or (ii) less than 100m

3 of acid

sulphate soil is to be disturbed (including filling).

S1.2 Avoid the release of acid and metal contaminants by: (i) neutralising existing acidity; and (ii) preventing the release of surface or groundwater flows containing acid and metal contaminants into the environment.

Will comply Will comply


with or where between 100m3 and

1000m3 of acid sulphate soil with

either >0.03% oxidisable sulphur of >18 moles H+/tonne TPA or TAA is to be disturbed, then: (i) an Acid Sulfate Soils Investigation Report is supplied to Council as part of the development application and prepared with reference to the guidelines which accompany State Planning Policy 2/02 and the Queensland Acid Sulfate Soil Technical Manual – Soil Management Guideines (2002), and in particular contains the following information: (a) the sampling and technical analysis procedures adopted in the investigation; (b) the location, area, depth and volume of acid sulphate soil to be disturbed and details on the water table; (c) the proposed method of treating/managing disturbed acid sulphate soil and surface drainage waters from areas containing disturbed acid sulphate soil; (d) the proposed method of maintaining water table levels in and adjacent to disturbed areas, or management of ASS if the water table is lowered below the ASS layer, and (e) the proposed monitor procedure. Or (ii) where more than 1000m

3 of

acid sulphate soil with either >0.03% oxidisable sulphur of >18 moles H+/tonne TPA or TAA is to b disturbed or the water table is to be affected, development is in accordance with a detailed Acid Sulfate Soil Management plan and which also includes the information required under (i) above.

Reconfiguration of a Lot Code

Overall Design Specific Outcomes Acceptable/Probable Solutions Comments

P1 The proposed lot layout facilitates the desired future use of land in accordance with the relevant Locality Code by: i) Establishing an orderly and acceptable land use pattern; ii) Providing a road network consistent with the road hierarchy identified on the Key Infrastructure

S1. No solution specified. Complies with the Specific Outcome to the extent relevant


Maps (A and B); iii) Providing a network, incorporating linkages, of public open space meeting community needs and protecting valuable features; and iv) Providing an integrated drainage system based on natural drainage patterns and ecological processes.

Lot Areas and Dimensions Specific Outcomes Acceptable/Probable Solutions Comments

P1 Each lot has an area and dimensions such that it: i) is suitable for the range of likely uses; ii) offers a high level of utility and amenity for its subsequent use and the use of adjoining allotments by providing ample opportunity for the separation of uses within adjoining lots; iii) where in the Higher Density Residential zone, is able to be developed to achieve the desired dwelling unit density levels for the zone; and iv) does not prejudice the desired future use of the land such that: a) suitable access is provided for pedestrians, cyclists and vehicles; and b) adequate provision is made for any other area necessary for the conduct of the intended use for the site; v) takes account of the physical characteristics of the site; and vi) provides efficient servicing of the lot. vii) Where on site effluent disposal is proposed, the allotment size and dimensions need to take into consideration the following issues:

• the number of existing on site domestic water treatment plant systems in the locality;

• the cumulative effect of the proposed and existing systems in the locality on water quality objectives for waters in the locality;

• the size of the lots and the soil types, land slopes, hydrology and hydrogeology in the locality;

• the proximity of systems to surface water and ground waters in the locality;

• the rainfall and other climatic conditions of the locality;

• the existing quality of waters in the locality and the

S1 No solution specified. Complies with the Specific Outcome to the extent relevant. The lots are suitable both for the intended purpose of facilitating development in an orderly manner + a fall back of residential use The lots have adequate utility for both purposes NA not higher density Achieves the intended outcome – the primary purpose of the subdivision is to facilitate orderly development of the land Complies Complies in both circumstances Complies the lots are large enough to host code compliant domestic wastewater disposal


water quality objectives for the waters;

• any relevant ground water protection plan.

P2 Each lot is consistent with the minimum area and dimensions as set out in Table 9-18.1 Minimum Area & Dimensions ie 100 Ha

S2 No solution specified. The 100 Ha minimum might be relevant to broad hectare cropping but in this instance the site has no realistic productive capacity. Sufficient planning grounds exiat and are described earlier in this report justifying approval


P3 In the rural Zone, new lots are not created unless: i) the result of the reconfiguration is that new lots and the balance lot are above the minimum area stated for the Rural Zone; or ii) the result of the reconfiguration is that an equal or lesser number of lots is created and the utility and accessibility of all subject lots is an improvement on the original situation in relation to enhancing or supporting the rural use of the lots.

S3 No solution specified. NA – this Specific Outcome makes no planning sense in relation to the subject land – see P2 above

P4 Irregular shaped lots are designed to have: i) a frontage to depth ratio of no more than 1:3; ii) for land in the Urban Residential Zone: a) a minimum frontage of 10m to any cul-de-sac road or along any curved road alignment; and b) an area within the lot with the minimum dimensions of 15 by 15m; and iii) for land in the Higher Density Residential Zone, a minimum width of 20m at a point 6m in the lot parallel to the longest road frontage.

S4 No solution specified. The shape and size of the lots is dictated by the relationship to the adjoining land and the subdivision of that land. In the alternative, the lots are large enough for a dwelling. Access is proposed via a reciprocal easement. Such use and occupancy is entirely satisfactory given the size and location of the lots

P5 Battleaxe lots do not occur in any proposal for reconfiguring a lot that creates more than 1 additional lot. Battleaxe lots are provided only where: i) there is no increase in the density that is applicable to the zone that the subject land is included in; ii) the lot handle is not less than 5m in width; iii) both sides of the lot handle are landscaped for the full length of the handle; iv) the maximum length of the lot handle is not greater than the minimum depth specified in Table 9-18.1 Minimum Area and Dimensions. v) the area of the lot handle is not

S5 No solution specified. This Specific Outcome does not apply and in any case would not comply with Section 345 of SPA. There is no evidence that battle axe lots adversely impact amenity of have any other adverse consequence that warrants refusal.


included in the calculation of the area of the lot for minimum area purposes; and vi) for land in the Urban Residential Zone, two adjacent lots have a combined frontage of 50% of the minimum road frontage for a single lot, and a common access drive is provided between the kerb and the head of the access handle. Small Lots in the Urban Residential Zone Specific Outcomes Acceptable/Probable Solutions Comments

P1 Lots having areas less than 450m

2 or an average width less

than 18m enable the design and siting of buildings such that they do not detract from the amenity or character of the area.

S1 Development proposals where lots with area with 450m

2 or less

are proposed are accompanied by a Plan of Development showing at least the following:

• North point;

• Access to lots;

• Footprint of buildings on subject lots;

• Footprints of buildings on adjoining lots;

• Building setbacks.

• Existing and proposed services.

S2 Lots having areas less than 350m

2 form part of an integrated

residential development of at least 4 lots, except where:

i) the lot is located in a Residential Character Area; and

ii) there is an existing dwelling of character located on the existing residential lot;

in which case, such a lot, less than 350m

2 will be considered, if the

existing dwelling of character is retained.

NA – no small lots proposed.

Road Layout and Design Specific Outcomes Acceptable/Probable Solutions Comments

P1 Each road has sufficient reserve and pavement width to cater for all the functions that the road is expected to fulfil, including: i) the safe and efficient movement of all users; ii) provision for parked vehicles; iii) provision of cycle and pedestrian networks; iv) provision of public utilities, landscaping, sound attenuation; and v) public transport use.

S1 Road layout and design complies with the Engineering Design Guidelines Planning Scheme Policy.

NA – no roads proposed

P2 The road layout is designed to have street intersections: i) as T-junctions, roundabouts or other appropriate means; and

S2 The road layout provides corner truncations including: i) at major intersections, acute angled intersections, not less than a

NA


ii) adequately spaced to enable efficient and safe operation.

10mx3

chord truncation; and ii) at minor intersections, not less than a 6m

x3 chord truncation.

P3 Roads are designed to make provision for adjoining potential development sites.

S3 The road layout indicates possible connections to external roads and provision to service adjoining development sites.

NA

P4 All lots have frontage to a road. S4 Lots not rely on an easement for access to a road.

This Specific Outcome does not comply with Section 345 of SPA

Open Space Requirements Specific Outcomes Acceptable/Probable Solutions Comments

P1 In residential, commercial and industrial areas, public open space is provided as part of development involving reconfiguration of a lot: i) as part of a linked open space system for safe pedestrian and cycling paths linking centres; ii) in a location, size and shape to satisfy the local, district or regional recreational needs of the community; and iii) to have a multi-functional role such as for stormwater management or fauna habitat. Note: Guidelines for complying with Council information requirements is detailed in the Open Space Planning Scheme Policy.

S1 The provision and design of open space complies with the requirements of the Open Space Planning Scheme Policy and the Parks Contributions Planning Scheme Policy.

NA

Community Title Specific Outcomes Acceptable/Probable Solutions Comments

P1 Community Title Development for a specific use is provided at the same density for that use in the relevant zone and locality codes in which the site is located and the overall and specific outcomes for the relevant zone and locality codes apply.

S1 No solution specified. NA – not community titles

Infill Develoment Specific Outcomes Acceptable/Probable Solutions Comments

P1 Infill development addresses the social outcomes of IPA.

S1 Infill development achieves sustainable development outcomes, and occurs where amenity is addressed and achieves integrated networks of pleasant and safe public areas and cultural, recreational or social interaction are provided within well-serviced communities.

NA – not infill


Environment & Infrastructure Code

This is a matter best addressed at Op Works design and assessment stage, in any case the project will comply. Infrastructure


Infrastructure Provision

P1 Adequate infrastructure is provided in time to meet the needs of the development.

S1 The timing for provision of infrastructure for development complies with the standards and contribution requirements detailed in the Engineering Design Guidelines Planning Scheme Policy.

Will comply

P2 Premises are provided with appropriate areas of private and public open space.

S2 The provision of open space complies with the standards and requirements detailed in the Open Space Planning Scheme Policy and the Contributions Planning Scheme Policy.

NA – large lots

P3 Premises have (i) an adequate, safe and reliable supply of water, including potable water, and is connected, where possible, to an existing reticulated water supply. (ii) the planning and design of potable water infrastructure considers Water Sensitive Urban Design (WSUD) such as water conservation initiatives.

S3.1 Premises are connected to Council’s reticulated water supply system. S3.2 If connection to Council’s reticulated water supply system is not possible, a potable water supply is provided in accordance with the standards detailed in the Engineering Design guidelines Planning Scheme Policy.

Will comply

P4 Treatment and disposal of waste water ensures: (i) no adverse ecological impacts on the environment, particularly nearby receiving environments including surface waters and ground water; and (ii) the cumulative impacts of on site waste water treatment will not cause deterioration of environmental conditions; (iii) the planning and design of wastewater infrastructure considers Water Sensitive Urban Design (WSUD) such as wastewater management measures.

S4.1 Connection to Council’s reticulated sewerage treatment system; or S4.2 Where connection to Council reticulated sewerage system is not possible, and where 20 people or less, Council will refer to the requirements of the Environmental Protection (Water) Policy 1997 and the On-Site Sewerage Code (NR&M July 2002) and AS 1547 to ensure the premises are suitable for effluent disposal. S4.3 Where more than 20 people, no solution specified.

NA Will comply

Stormwater Management

P5 Drainage works are planned for and designed to ensure that adjoining land and the existing upstream and downstream drainage systems are not adversely affected by development, taking into account: (i) Water Sensitive Urban Design (WSUD) principles such as: - protect natural systems;

S5 Drainage works complies with the requirements of the Engineering Design Guidelines Planning Scheme Policy.

Will comply


- enhance natural waterway systems within urban development using natural channel design principles; - detention of stormwater instead of rapid conveyance; - minimise impervious areas; - utilisation of stormwater to conserve potable water; - integrate stormwater treatment into the landscape; - water efficient landscaping; and - protection of water related environmental values. (ii) need for a stormwater system that can be economically maintained; (iii) safety of pedestrians and vehicles; (iv) location of discharge; (v) construction of buildings, structures or paving up to site boundaries which avoid blocking or concentrating natural flow paths. (vi) fauna movement is provided for through bridges and culverts. External Works

P6 Kerb and channelling is provided to a satisfactory standard and constructed to: (i) prevent edge fretting; (ii) perform required drainage functions; (iii) provide the appropriate level of control for vehicle movement; (iv) allow ready access to abutting properties at suitable locations; and (v) contribute to the desired streetscape character of the locality.

S6 Premises are provided with kerb and channel in accordance with the Engineering Design Guidelines Planning Scheme Policy.

Will comply

Roads

P7 All proposed road pavement surfaces: (i) are of a quality and durability suitable to the intended traffic volumes and loads; (ii) provide all-weather access; (iii) allow the discharge of rainfall; (iv) provide the safe passage of vehicles and pedestrians; and (v) provide a reasonable, comfortable riding quality.

S7 Roads are provided in accordance with the Engineering Design Guidelines Planning Scheme Policy.

NA


Drainage networks

P8 In urban areas, the major drainage network is designed and constructed with the capacity to control stormwater flows under normal and minor system blockage conditions for the DFE applicable to drainage so that: (i) floodways are restricted to areas where there is no damage to property or hazards for motorists, and (ii) runoff is directed to a lawful point of discharge through competently designed and constructed outlet works.

S8 Design requirements of the Engineering Design Guidelines Planning Scheme Policy.

NA – none proposed

Public Utilities

P9 Street lighting and signs are provided to ensure the safety of both vehicles and pedestrians, and to facilitate access and movement.

S9 Street lighting and signage comply with the requirements of the Engineering Design Guidelines Planning Scheme Policy.

NA

Infrastructure Payments

P10 The costs of providing infrastructure is funded by the development giving rise to the need for the infrastructure.

S10 The funding of infrastructure complies with the requirements of the Contributions Planning Scheme Policy.

Will comply

Car Parking and Access

P11 Premises are provided with: (i) adequate vehicle parking spaces to satisfy the anticipated requirements of the activity; (ii) safe and efficient access and manoeuvring areas to meet the anticipated volume and type of traffic; (iii) large vehicles are able to enter and leave the site without prejudicing the safety and efficiency of the road; (iv) access driveways are located and designed to minimise conflicts with traffic and pedestrians; and (v) vehicle crossings from the carriageway to the frontage of the site are constructed and finished to appropriate standards for the expected volume and type of traffic generated by activities on the site.

S11.1 Vehicle parking on the site is in accordance with the rates specified in Schedule 2. S11.2 Vehicles are able to enter and exit the site (with the exception of dwelling house and duplex) in a forward gear. S11.3 The design of car parking and access complies with the requirements detailed in the Engineering Design Guidelines Planning Scheme Policy.

NA – a subdivision

Environmental Amenity Specific Outcomes Acceptable/Probable Solutions Comments

Lighting Management

P1 Outdoor lighting does not cause a loss of amenity to adjacent premises or adversely impact on

S1 No solution specified. NA – a subdivision


native fauna as a result of the light it emits either directly or by reflection. Note: Council will refer to the provisions of AS4282 – Control of the Obtrusive Effects of Outdoor Lighting

Overshadowing

P2 The amenity of adjacent residential land is not adversely affected by shadows cast by adjoining building or structures.

S2 Buildings do not cast a shadow over more than 30% of an adjoining residential lot at any time between the hours of 9am and 3pm on 22 June.


Building Setbacks

P3 Residential buildings are sited to minimise loss of amenity for residents’ adjacent to cane tram lines.

S3 Residential buildings are set back a minimum of: (i) 50m from cane tram lines; and (ii) 100m from cane tram line level crossings and sidings.


P4 Buildings are set back from a road frontage to: (i) complement the existing built form; and (ii) preserve the safety of vehicle movement along adjoining roads.


Noise and Vibration Management


P1 Noise and vibration do not detract from the amenity of residents or employees of any adjacent premises.


P2 Premises accommodating uses which are likely to generate noise are designed and constructed with noise attenuation measures to avoid noise nuisance to nearby uses.


P3 Noise sensitive uses locating adjacent to State controlled transport infrastructure incorporate attenuation, building design and orientation. Note: Development adjacent to State controlled roads complies with the Department of Main Roads – Road Traffic Noise Management Code of Practice.

S3 No solution specified.


Air Quality


P1 Premises used for purposes likely to generate emissions such as air pollutants, heat and odours incorporate: (i) physical measures for removing pollutants from emissions prior to discharge to the atmosphere; (ii) physical measures for reducing the temperature gradient



between emissions and the atmosphere prior to discharge; and (iii) operational systems, including monitoring systems for major industry and major infrastructure, which maintain emissions within ANZECC guideline standards.

Flooding


P1 Premises subject to risk of inundation or damage through flood are provided with immunity to that risk in order to reduce potential property damage and to ensure public safety.

S1.1 Development is sited on land that would not be subject to flooding during a DFE; or S1.2 For development comprising a residential element, the floors of all habitable rooms are located 300mm above the DFE; or S1.3 For non residential development or development involving temporary or moveable residential structures (e.g. caravan parks): (i) buildings are located and designed so that floor levels (except areas used for car parking) are 300mm above the DFE; or (ii) there is at least one evacuation route that remains passable for emergency evacuations during all floods up to and including the DFE.

Will comply – including an allowance for the impact of climate change. NA NA NA Will comply to the extent relevant

P2 There is no increase in the number of people living or working on a flood prone site, except where the premises are occupied on a short term or intermittent basis.

S2 No solution specified. Will comply with respect to flooding

P3 Development does not result in adverse impacts for the safety of people or the capacity to use land within a floodplain and does not involve: (i) Any physical alteration to a watercourse; or (ii) Net filling of 50 cubic metres; or (iii) The proposed works either:

(A) avoid any reductions of on-site flood storage capacity and contain within the subject site any changes in depth/duration/velocity in flood waters of all floods up to and including the DFE; or

(B) do not change the flood characteristics at the DFE outside the subject site in ways that result in: - loss of flood storage; - loss of/changes to flow

paths; - acceleration or

retardation of flows; or - any reduction of flood

S3 No solution specified. NA not a flood plain


warning times elsewhere on the floodplain.

P4 Storage and handling of hazardous substances on sites that are subject to risk of inundation or damage through flood, ensures that persons and property are not placed at unreasonable risk.

S4 Storage or handling of substances that may be a hazard to the environment or human safety by the risk of contamination due to flooding: (i) is undertaken in accordance with a risk assessment; and (ii) provides for the storage of any hazardous substances above or securely isolated from the DFE level.

NA

P5 The use is designed to minimise the impact of Cyclonic Hazards.

S5 No solution specified. Complies – including an allowance for the impact of climate change.

Undefined Flood and Inundation Areas

P6 Where flood limits are not identified, development is undertaken such that there is no adverse affects on flood levels or flows on the site or up-stream and down-stream of the site.


Water Quality


P1 Development does not detract from the maintenance of water quality in the City’s watercourses and bulk water storages, in particular its: (i) environmental values; and (ii) where applicable, potability of the water supply.


P2 Premises incorporate: (i) physical measures for intercepting and treating surface water drainage and spilled substances prior to their release to the watercourses; and (ii) bunding of sites or areas within sites or integrated drainage systems which include waste water treatment measures, where chemicals, fuels, lubricants or other soluble pollutants are being handled or stored. Note: Council will refer to the Environmental Protection Policy (Water) 1997

S2 No solution specified. NA – residential subdivision only

P3 The City’s groundwater resources and surface waters are maintained by: (i) providing a stormwater system that manages stormwater quantity and quality prior to discharging into receiving waters; (ii) providing non structural source control measures; (iii) providing structural source control measures;

S3 No solution specified. NO – no impact on groundwater


(iv) retaining or rehabilitating natural waterway corridors such as natural channels, wetlands and riparian vegetation; (v) providing storage of waste water in secure and sealed storage facilities; (vi) ensuring efficient disposal areas and ground and surface water retrieval areas are buffered from each other. (vii) ensuring that contaminants do not enter the groundwater resources; and (viii) with reuse of reclaimed water, ensuring safe treatment and disposal of contaminated water. P4 The biodiversity and habitat values of coastal areas and associated estuarine systems are protected from: (i) increased nutrient or sediment levels, or (ii) changed flow, inhibited passage, or hydrologic regimes of the natural coastal and marine margins, which may result from development.

S4 No solution specified. Complies. The is no mechanism by which there will be any appreciable change to nutrient or other flow characteristics .

P5 Sediment and nutrient loadings into a watercourse are minimised through: (i) treated on-site effluent; (ii) adequate stormwater run-off controls; and (iii) on-site and off site erosion and sediment controls.

S5 No solution specified. NA – there will be no measurable change as a consequence of 5 large lots

Erosion and Sediment Control

Specific Outcomes Acceptable/Probable Solutions Comments P1 Minimisation of the risk of erosion and sedimentation either on-site or elsewhere, by a comprehensive approach to soil erosion control and sedimentation management, including: (i) the minimisation of: (ii) earthworks;

(a) clearing of land (b) long term stockpiling of

excavated materials; (iii) use of appropriate construction management techniques; (iv) diverting surface water drainage around disturbed areas; and (v) treating and removing sediments from stormwater over disturbed areas prior to release from the site.

S1 The control of Erosion and Sedimentation complies with Planning Scheme Policy 15.07 – Engineering Design Guideline D7 Soil and Water Quality Management.

Will comply as relevant

P2 Progressive rehabilitation of disturbed areas occurs within the site through a comprehensive rehabilitation program including: (i) the grading and reshaping of



the disturbed areas to provide controlled and stable drainage flow paths; (ii) the construction of drainage paths which divert high velocity flows away from disturbed areas; (iii) the re-spreading of stored top soil stripped from the site; and (iv) the planting of the disturbed area with native species of grasses, ground covers and trees.

Coastal Management


Public Access and Roads

P1 (i) there is no net loss of public access to the foreshore, or of public useability of coastal waters; (ii) appropriate location and design is achieved with respect to sensitive coastal resources and their values; (iii) roads that run parallel to the coast, are set back from erosion prone areas and significant coastal resources, with only smaller access roads running to the coast; and (iv) minor spur roads to the foreshore and associated car parks provide access to the foreshore at locations that are convenient to the public, have low environmental sensitivity, and avoid locations that may increase storm tide hazard.

S1 No solution specified. Complies NA NA NA

Erosion Prone Areas

P1 Development and permanent buildings are minimised in erosion-prone areas as defined in this code (apart from temporary or relocatable structures required for safety and recreational purposes).

S1.1 Reconfiguring a lot within an erosion prone area incorporates erosion prone land as undeveloped open space. S1.2 Relocatable structures such as picnic tables, barbeques, coastal trails, bikeways, demountable structures, equipment sheds, lookouts, elevated decks, shelter sheds etc are located within erosion prone areas only where they remain relocatable. S1.3 All other development is: (i) located outside the erosion prone area; or (ii) as far landward as practical within the lot: and (iii) is coastal dependent development (as defined in this code). S1.4 All building works (excluding demolition), including extension to existing buildings, on lots wholly or partially within the erosion prone area area:

Will comply – conditions can ensure buildings (if any) are protected.


(i) For rural areas and undeveloped urban areas, located landward of the erosion prone area to minimise the extent of permanent building inside the erosion prone area; and (ii) For urban areas, located wholly landward of the alignment of existing neighbouring buildings and of a scale and intensity similar to that of the surrounding development.

P2 Where there is existing development within an erosion-prone area, redevelopment and extensions do not (as defined in this code):- (i) extend the intensity of the existing level; or (ii) compromise coastal management outcomes and principles. Note: Supporting information required in order to demonstrate compliance is set out in the Erosion Prone Area Planning Scheme Policy.

P2 No solution specified. NA – no existing development

High Impact Activity Areas - not reproduced here Landscaping and Fencing

Specific Outcomes Acceptable/Probable Solutions Comments P1 Development is provided with adequate and suitable landscaping and screening on the site which ensures: (i) an attractive streetscape appearance; and (ii) the privacy and amenity of any adjoining residences.

S1 Landscaping is provided in accordance with the Landscaping Planning Scheme Policy.

NA – 5 large lot with no street frontage

P2 Landscaping is designed to prevent encroachment upon electricity infrastructure.

S2.1 Landscaping near electricity lines or substations, are designed and developed so that any vegetation at maturity or landscaping structure or works will not exceed 4.0m in height on land: (i) in an electric line shadow; or (ii) within 5m of an electric line shadow; or (iii) within 5m of a substation boundary. S2.2 Elsewhere, vegetation is planted in a position that is further from the nearest edge of an electric line shadow or substation boundary than the expected maximum height at maturity of vegetation. S2.3 On land adjoining an electricity substation boundary, the vegetation foliage at maturity will not be within 3m of the substation boundary. However where a substation has a solid wall along any part of its boundary, foliage may extend to, but not above or beyond, that solid wall.

NA – none present NA – none present NA – none present


P3 Landscaping provides a 2m wide landscaped strip adjacent to the road frontage incorporating existing vegetation wherever possible.


P4 A landscape strip is provided comprising either a 1.8m high solid fence or 2m wide planted screen adjacent to all side and rear boundaries of a site which adjoins any residential area.


P5 Landscaping around buildings is designed to maximise shade and redirect cooling breezes in summer and provide a windbreak in winter.


P6 Landscaping incorporates planting for shading in summer sun, including: (i) tall shade trees to the west and east of the building; and (ii) trellises or pergolas adjacent to windows to the north of the building.


P7 Landscaping is designed to maximise the outdoor shade areas and minimise use of hard reflective surfaces around the building.


Landscaping for Outdoor Vehicle Parking Areas

P8 Landscaping for outdoor vehicle parking areas, where development is for the purposes of Accommodation units, multiple dwelling units, Sport and recreation, indoor entertainment, outdoor entertainment, child care centre, service station, motel, industrial uses and retail or commercial uses, will (i) visually enhance the area along any road frontage; (ii) screen the area from any adjoining residential or other sensitive uses; (iii) provide visual relief and shade throughout the area; and (iv) be compatible with local native species.

S8.1 Landscaping of outdoor vehicle parking areas provides planting of trees and shrubs: (i) in a strip 2m wide along any primary road frontage at a density and a scale appropriate to the size of the vehicle parking area and the function of the adjoining road; and (ii) in median areas throughout the vehicle parking area at a rate of 1 shade tree for every 6 parking spaces. S8.2 Provide a wall, fence or continuous screen planting, to a height of at least 1.8m along any boundary to land used or likely to be used for residential or other sensitive use.


Landscaping – General Requirements

P9 Landscaping is designed and established to: (i) an appropriate scale relative to both the street reserve width and to the size and nature of the development; (ii) incorporate remnant vegetation, where possible; (iii) provide summer shade and shelter for pedestrian comfort and

S9 No solution specified. NA – no street frontage


energy efficiency of buildings; (iv) maximise areas suitable for on-site infiltration of stormwater; (v) allow for pedestrian and vehicle safety; (vi) generate a cohesive and distinct visual character for the streetscape and locality; (vii) be suitable to the tropical climate; (viii) provides planting, paving and other landscape treatment according to a Landscaping Plan; and (ix) minimise irrigation requirements through appropriate plant selection, mulching and water efficient irrigation systems. Note: The Landscape Planning Scheme Policy should be referred to for information that may be required by Council to assist in assessment of an application.

Vegetation Management

P10 Natural vegetation is maintained wherever possible. Note: Assessable development being operational work that is clearing of native vegetation of freehold land consistent with Schedule 8, Part 1, 3A of IPA will be assessed under the provisions of the Vegetation Management Act 1999 and the State code for clearing of vegetation on freehold land.


Community Safety Design Principles


Surveillance and Sightlines

P1 Premises provide opportunities for informal surveillance from surrounding buildings and land uses. Note: Ways of showing compliance are as follows: (i) Windows in buildings overlook pedestrian routes, open space areas and car parks. (ii) No blank building façade is presented to any street frontage. (iii) Street level windows are provided in buildings fronting onto public spaces and movement routes.

S1 No solution specified. NA - large lots.

P2 Where located adjacent to public areas, premises are designed to permit surveillance of public areas.


P3 Buildings and street addresses in urban areas are easily identified.



P4 Premises for uses other than dwelling houses and dual occupancy, are illuminated at night to: (i) maximise personal safety of site users; and (ii) minimise opportunities for attack by hidden persons. (iii) provide lighting along access routes, in building entrances, site entries, car parking areas and other movement areas used after dark.


P5 Visibility is provided into stairwells, elevators, car parks, lobby entrances and bicycle parking facilities.


P6 Premises and their surrounds do not include: (i) ‘blind’ corners (including on stairs, in corridors or other situations where movement can be predicted); (ii) sudden changes of grade on pathways which reduces sightlines; (iii) concealment spots (unless they can be secured after hours); and (iv) pedestrian tunnels, excepting that where unimpeded sightlines or the absence of concealment points cannot be reasonably achieved, equipment (such as security mirrors) and good lighting is provided to enhance visibility. (v) Potential concealment areas (ie dead-end alleys) are restricted or locked after hours. (vi) Where a concealment spot is unavoidable, there are aids to visibility such as convex mirrors and good secure lighting. (vii) Concealment spots such as:

(A) dark areas adjacent to a main/designated pedestrian routes;

(B) private dead-end alleyways;

(C) indentation in fencing or walls;

(D) gaps in the streets such as entrances to interior courtyards and recessed doorways; and

(E) areas that are isolated after dark;

are not located on the premises.


P7 Building entrances: (i) are clearly defined; (ii) are well lit and face the street; (iii) do not create concealment spots; (iv) provide clear sightlines from the building foyer so that occupants can see outside before leaving the building;



(v) have lobbies visible from the exterior; and (vi) have staff entrances, which are well lit and maximise opportunities for informal surveillance and for clear sightlines. P8 Landscaping is designed and maintained to provide informal surveillance and clear sight lines on accessways and to other public spaces.

S8 “Vulnerable premises” provide landscaping designed to promote safety including: (i) planting which does not obscure doors and windows overlooking public spaces and isolated areas; (ii) shrubbery and low-level planting associated with footpaths which does not exceed 0.5m in height where abutting pavements. (iii) trees in vulnerable settings which do not have branches below 1.5m; and (iv) hard landscaping elements such as low fencing and walls (below 1.2m) which guide pedestrians and vehicles along designated paths.


Safe Movement and Access

P9 The design of premises provides for unimpeded sightlines, particularly along pedestrian and bicycle routes.

S9 All barriers (including landscaping features) along bicycle and pedestrian routes are visually permeable (i.e. can be easily seen through to reduce concealment points).

NA

P10 Car parking areas are: (i) designed to optimise informal surveillance and illumination, and to minimise unlawful access; (ii) well light to enable visibility of all external edges and routes providing access to the car park; (iii) designed to minimise instances of large numbers of cars being co-located (over 100 cars in a single block). If more than 100 cars, more than one entry/exit point is provided so that the car park does not become an entrapment area.


P11 Underpasses and overpasses are designed and located to reduce opportunities for crime, so that: (i) pedestrians are able to see what is in an underpass or tunnel and at the end of it before entering; and (ii) signs at each end of an underpass indicate where it leads and an alternative route to use at night.


P12 Underpasses are wide enough to accommodate both pedestrian and cycle traffic, (Note: Council will refer to the provisions of AUSTROADS Guide to Traffic



Engineering Practice Part 14 – Bicycles). P13 The design and location of laneways and alleyways promotes community safety.

S13.1 Laneways are straight and have more than one entrance. S13.2 Unnecessary access to buildings from laneways is avoided.

Complies

Building Design and Lighting

P14 Buildings contribute positively to the enhancement of public safety and security.

S14.1 Ramps and elevator entrances are located in areas which are not isolated. S14.2 Lifts are located within a secure entrance, and incorporate graffiti and vandal-resistant measures (i.e. a fully glazed and enclosed vestibule area at the exit to the lifts). S14.3 Loading and storage areas are well lit or can be locked after hours. S14.4 Parking spaces are allocated near the building entry for employees working after hours. S14.5 Enclosed or underground car parks can only be accessed from inside the building or through a security system. S14.6 All windows, particular those at street level are secure, without creating a ‘fortress-like’ appearance (i.e. avoid solid roller shutters).


P15 Lighting is provided which: (i) increases safety and security in and around the premises; (ii) considers vegetation, in both its existing and mature forms, or other elements that may have the potential to block out light; (iii) illuminates inset spaces, access/egress routes car parking areas and signage; and (iv) supports visibility for pedestrians, as well as road users.

S15 No specific solution. Note: Council will refer to the following as guidance in assessment of compliance: Security lighting is consistent with Australian Standard S 4282 (1997) (The Control of Obtrusive Effects of Outdoor Lighting. Lighting of pedestrian and bicycle movement routes, public spaces and outdoor signage in public spaces is to the minimum Australian Standard of AS1158 (Public Lighting Code).

NA

Constructed Lakes This provision is not relevant – no lake proposed


Constructed Lakes

P1 Natural design concepts are a primary consideration for a constructed laked.

S1 No solution specified.

P2 Constructed lakes are designed to be: (i) consistent with the area’s social and recreational masterplans; (ii) sustainable; (iii) appropriately managed; and (iv) have minimal adverse

S2.1 Lake depth is < 3m. S2.2 The design of a constructed lake complies with the Engineering Design Guideline Planning Scheme Policy.


impacts on surrounding environments. P3 Constructed lakes are to operate under a financially sustainable management regime.

S3 Lakes are provided under private ownership.

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