2010-03-03 Planning & Development Committee Meeting Minutes · 2013. 4. 1. · Planning &...

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Gympie Regional Council MINUTES of the PLANNING & DEVELOPMENT COMMITTEE MEETING CHAIRMAN: Cr Ian Petersen Held in the Boardroom Town Hall 2 Caledonian Hill, Gympie Qld 4570 On Wednesday 3 March 2010 at 9.00 a.m. For Adoption at the General Meeting to be held on Wednesday 10 March 2010

Transcript of 2010-03-03 Planning & Development Committee Meeting Minutes · 2013. 4. 1. · Planning &...

  • Gympie Regional Council

    MINUTES

    of the

    PLANNING & DEVELOPMENT COMMITTEE MEETING

    CHAIRMAN: Cr Ian Petersen

    Held in the Boardroom Town Hall

    2 Caledonian Hill, Gympie Qld 4570

    On Wednesday 3 March 2010 at 9.00 a.m.

    For Adoption at the General Meeting to be held on Wednesday 10 March 2010

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    Gympie Regional Council

    PLANNING & DEVELOPMENT Cr I.T. Petersen (Chairman), Crs R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,

    D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt. APPOINTMENTS etc. 9.00 Greg Martoo and Janine Calvert – MCU – 124 Brisbane Road, Monkland CONTENTS LEAVE OF ABSENCE.......................................................................................................................................... 3 APOLOGIES .......................................................................................................................................................... 3 DECLARATION OF INTERESTS BY COUNCILLORS ................................................................................. 3 CONFIRMATION OF PREVIOUS MINUTES.................................................................................................. 3 SECTION 2: PLANNING APPLICATIONS ...................................................................................................... 4

    2/2 2009-1393 – MATERIAL CHANGE OF USE OF PREMISES – MULTI-RESIDENTIAL (NRAS AFFORDABLE HOUSING PROJECT – 12 DWELLING UNITS) & RECONFIGURING A LOT – BOUNDARY REALIGNMENT – 9 ALMA STREET & 24 CALEDONIAN HILL, GYMPIE – ASPIRE HOUSING GROUP ......... 4 2/3 2009-1312 – MATERIAL CHANGE OF USE – MULTI-RESIDENTIAL (EIGHT (8) UNITS) – 20 NAUTILUS DRIVE, COOLOOLA COVE – SSJ BAY DEVELOPMENTS PTY LTD.................................... 43

    SECTION 1: STRATEGIC PLANNING MATTERS ...................................................................................... 55

    1/1 SPORT RECREATION AND PARKS COORDINATING COMMITTEE ............................................................ 55 1/2 RECREATION, RACECOURSE AND SHOWGROUND LOT 72 ON G14747 – REQUEST FOR ADOPTION OF MANAGEMENT PLAN............................................................................................................................ 59 1/3 HERITAGE ADVISORY COMMITTEE RECOMMENDATIONS FROM 9 FEBRUARY 2010 ............................. 63 1/4 ENVIRONMENT STRATEGY UPDATE ..................................................................................................... 67

    SECTION 2: PLANNING APPLICATIONS .................................................................................................... 70

    2/1 2009-1626 – MATERIAL CHANGE OF USE – COMMERCIAL PREMISES – PROFESSIONAL OFFICES – 34 EXHIBITION ROAD, SOUTHSIDE – C. RAMSEY ................................................................................. 70

    SECTION 3: RECONFIGURING A LOT APPLICATIONS.......................................................................... 78

    3/1 2009-0764 – RECONFIGURING A LOT – SUBDIVISION TO CREATE TWO (2) ADDITIONAL LOTS & ACCESS EASEMENTS – 36 PARKLAND DRIVE, CHATSWORTH – LAURIE SMITH.................................... 78 3/2 2009-0272 – RECONFIGURING A LOT – SUBDIVISION TO CREATE ONE (1) ADDITIONAL LOT – 219 WEBB ROAD, BLACKSNAKE – TEN-DYKE ..................................................................................... 85 3/3 2008-1519 – RECONFIGURING A LOT – SUBDIVISION TO CREATE TWO (2) NEW LOTS FORM TWO (2) EXISTING LOTS – CHITTICKS ROAD, GREENS CREEK – G. & M. LOS ................................................... 93

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    3/4 2009-0660 – REQUEST TO CHANGE AN EXISTING APPROVAL FOR RECONFIGURING A LOT – SUBDIVISION TO CREATE TWO (2) ADDITIONAL LOTS AND ONE (1) EASEMENT OVER LOT 10 RP843803 – 84 OLD VETERAN ROAD, VETERAN – D & L LOVELL.................................................... 101 3/5 2009-1867 – REPRESENTATIONS FOR RECONFIGURING A LOT – SUBDIVISION TO CREATE ONE (1) ADDITIONAL LOT – 139 RIFLE RANGE ROAD, GYMPIE – LYNDON FAMILY TRUST ............................ 106

    SECTION 4: PLANNING APPLICATIONS PENDING ............................................................................... 112

    4/1 PLANNING APPLICATIONS PENDING ................................................................................................... 112 4/2 DEVELOPMENT APPLICATIONS APPROVED......................................................................................... 131

    SECTION 5: GENERAL MATTERS .............................................................................................................. 134

    5/1 2009-1876 – BUILDING WORK MADE ASSESSABLE BY THE PLANNING SCHEME (REMOVAL OF A DWELLING IDENTIFIED ON OVERLAY MAP OM1 CHARACTER PLACES – GYMPIE) – 6-8 LADY MARY TERRACE, GYMPIE – KERRI-ANNE CHILVERS......................................................... 134 5/2 PROPOSED DEVELOPMENT – FEEDLOT – 311 OLD BOONARA ROAD, KILKIVAN – NARGOON CATTLE COMPANY............................................................................................................ 139

    SECTION 6: MATTERS FOR COUNCIL’S INFORMATION.................................................................... 142 SECTION 7: “IN COMMITTEE” ITEMS..................................................................................................... 142

    NIL ................................................................................................................................................................... 142 SECTION 8: GENERAL BUSINESS.............................................................................................................. 142

    8/1 MELBOURNE INTERNATIONAL TRUCK AND TRAILER SHOW .............................................................. 142

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    The meeting opened at 9.00 a.m.

    PRESENT: Crs I.T. Petersen (Chairman), R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté, D.R. Neilson and A.J. Perrett. Also in attendance were Mr K.A. Mason (Chief Executive Officer), Mr M. Hartley (Director of Planning & Development), Ms T.M. Stenholm (Manager Development and Compliance) and Ms K. Sullivan (Minutes Secretary). Ms T.M. Stenholm was not present when the meeting commenced.

    LEAVE OF ABSENCE

    Nil. APOLOGIES P01/03/10 Moved: Cr R.A. Gâté Seconded: Cr R.J. Dyne

    That the apologies from Cr J.A. Walker and Cr J. Watt (due to being flood bound) be accepted.

    Carried.

    DECLARATION OF INTERESTS BY COUNCILLORS P07/03/10 – Cr G.L. Engeman declared a Conflict of Interest. P14/03/10 and P17/03/10 – Cr R.A. Gâté declared a Conflict of Interest. P18/03/10 – Cr A.J. Perrett declared a Conflict of Interest.

    CONFIRMATION OF PREVIOUS MINUTES

    P02/03/10 Moved: Cr R.A. Gâté Seconded: Cr G.L. Engeman

    That the Minutes of the Planning & Development Committee Meeting held on 17 February 2010 be taken as read and confirmed.

    Carried.

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    Greg Martoo and Janine Calvert entered the meeting at 9.02 a.m. and provided a powerpoint presentation and left the meeting at 9.16 a.m.

    P03/03/10 Moved: Cr R.J. Dyne Seconded: Cr A.J. Perrett

    Recommend that the Committee suspend standing orders to deal with Items 2/2 and 2/3

    Carried.

    Ms T.M. Stenholm entered the meeting at 9.16 a.m. Ms T.M. Stenholm left the meeting at 9.23 a.m. and returned to the meeting at 9.25 a.m.

    SECTION 2: PLANNING APPLICATIONS 2/2 2009-1393 – Material Change of Use of Premises – Multi-Residential (NRAS

    Affordable Housing Project – 12 Dwelling Units) & Reconfiguring a Lot – Boundary Realignment – 9 Alma Street & 24 Caledonian Hill, Gympie – Aspire Housing Group FILE NO: Minute: P04/03/10 2009-1393 APPLICANT: Aspire Housing Group LANDOWNER: Aspire Development Pty Ltd RPD: Lot 66 CP882521 & Lot 26 G14716 SITE ADDRESS: 9 Alma Street & 24 Caledonian Hill,

    Gympie PROPOSAL: Material Change of Use – Multi

    Residential (NRAS Affordable Housing Project – 12 Dwelling Units) & Reconfiguring a Lot – Boundary Realignment

    ZONE: Housing PLANNING AREA: Gympie CURRENT SITE AREA: 541m2 (Lot 66) and 784m2 (Lot 26) LEVEL OF ASSESSMENT: Code (Inconsistent Use)

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    Correspondence was received on 16 December 2009, regarding the above application, including revised proposal plans for a Multi-residential development incorporating a total of 10 dwelling units and 16 car spaces. The previous report is reproduced below:

    KEY POINT SUMMARY • Application for multi-residential development (NRAS Affordable Housing

    Project – Twelve (12) Dwelling Units) and boundary realignment; • Site is currently zoned Housing and is not located within the Mixed Housing

    Preferred Use Area; • Boundary realignment will result in a reduced lot size (489m2), to

    accommodate the existing house, fronting Caledonian Hill and an increased lot size (845m2), to accommodate the NRAS Affordable Housing Project, fronting Alma Street;

    • The NRAS development proposes an alternative style of accommodation, which is not considered to constitute standard multi-residential development as foreshadowed by the current Planning Scheme.

    • A community need has been identified for this type of development. • Two (2) submissions were received from nearby residents, which related to

    character and amenity issues, as well as traffic congestion and carparking. • The architectural character of the development has been designed to reflect

    the surrounding heritage style houses within the area and to maximise privacy for potential occupants and surrounding residents.

    • Proposal exceeds the density requirements specified within the planning scheme and represents a shortfall in car parking numbers and open space.

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    • Sufficient justification for this type of development, including an overriding

    community need and proximity to improved public parkland, has however, been provided in order to warrant a relaxation on site density and open space, where it is able to be demonstrated that the majority of the remaining planning scheme provisions, in particular on-site car parking numbers, are able to be met.

    • Alma Street has no additional capacity to accommodate any overflow, on-street carparking and as such a demonstrated need for the required number of carparking spaces to be provided on-site exists.

    • As a result, the unit density is recommended to be reduced to eight (8) dwelling units, allowing for the provision of twelve (12) car spaces, as per planning scheme requirements.

    • Recommend that the Reconfiguring a Lot Application - Boundary Realignment be APPROVED, subject to Conditions and that Council issue a PRELIMINARY APPROVAL for the Material Change of Use – Multi-residential (NRAS Affordable Housing Project), for a proposal incorporating eight (8) dwelling units and twelve (12) on-site carparking spaces, including manoeuvring areas.

    Report: (Principal Planner – K.M. Toomey) 1.0 INTRODUCTION This application seeks Council’s approval for Material Change of Use of Premises to allow the development of an NRAS Affordable Housing Project, comprising a total of Twelve (12) Dwelling Units and Reconfiguring a Lot – Boundary Realignment to facilitate the excision of the existing dwelling from the proposed unit development site, at Alma Street and Caledonian Hill, Gympie. 1.1 Site Description The proposed development site consists of two (2) existing allotments located in the Housing zone, approximately 200m from the “five-ways” end of Mary Street. Lot 66 on CP882521 is currently 541m2 with approximately 23m of frontage to Alma Street and contains a shed (in the south western corner) and water tank (in the north eastern corner), both of which are in poor repair. Lot 26 on G14716 is currently 784m2 with approximately 18m of frontage to Caledonian Hill and contains a recently renovated heritage style dwelling. Practical access to the existing dwelling is currently achieved across Lot 66, via Alma Street due to a concrete retaining wall constructed across the frontage. The site slopes generally in an east-west direction. Gradient at the Alma Street frontage is approximately 7%. The proposed lot which will contain the existing dwelling has a gradient of approximately 15%.

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    1.2 The Proposal This application seeks a development permit for twelve (12) National Rental Affordability Scheme (NRAS) units in a two storey building. Six (6) ground floor units and six (6) first floor units are proposed to consist of one (1) bedroom with twelve (12) on-site resident car parking spaces. Visitor car parking is proposed to be on street, along Alma Street and at the Council 2 hour parking facility located a short distance from the site. The developer also proposes to install a landscaping/fencing buffer around the perimeter of the site to assist with visual and acoustic buffering.

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    The proposal plans are reproduced below.

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    1.3 Surrounding Land Uses Surrounding land uses to the north of Alma Street and east of the site consist predominantly of mixed single storey detached dwelling houses and residential unit complexes. The site is adjoined directly to the east on Alma Street by a Commercial Premises (Yoga and Relaxation Centre) approved by Council in March 2002. The Alma Street child care centre and Council’s Town Hall are also located within 100m of the site.

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    2.0 NATIONAL RENTAL AFFORDABILITY SCHEME (NRAS) 2.1 Background Information on the NRAS Project The following correspondence from the Australian Government – Department of Families, Housing, Community Services and Indigenous Affairs, dated 3 April 2009, was attached in support of the application. “You recently requested information about the agreement between the Commonwealth and Aspire Housing Group Pty Ltd for the provision of National Rental Incentives under the National Rental Affordability Scheme (‘the Scheme’). The Scheme offers incentives to providers of new dwellings on the condition that those dwellings are rented to low and moderate income households at 20 percent below market rates. The legislation underpinning the Scheme is the National Rental Affordability Scheme Act 2008 (the ‘Act’), the National Rental Affordability Scheme (Consequential Amendments) Act 2008, and the National Rental Affordability Scheme Regulations 2008 (the ‘Regulations’). The Scheme is governed by legislation rather than contract and there is therefore no written ‘agreement’ or ‘contract’ between the Department and applicants or approved participants under the Scheme. Consistent with the legislation underpinning the Scheme, applicants apply for an ‘allocation’ as part of a competitive process. The Secretary’s Delegate under the Scheme makes offers to successful applicants, which applicants may accept, or not. Applicants who accept offers have an allocation or reserved allocation made in relation to the dwelling/s. Reserved allocations are offered in relation to dwellings which are not yet available to rent (for example, dwellings which are not yet constructed). These reserved allocations become actual allocations once the conditions relating to the reserved allocation are fulfilled. Each dwelling subject of the offer and acceptance of an allocation becomes an ‘approved rental dwelling’, and the applicant becomes an ‘approved participant’ in the Scheme. The secretary is required to notify the applicant in relation to an allocation, including the particulars of the allocation and any conditions that apply to the allocation. The legislation provides that an approved participant for a rental dwelling is entitled to receive an incentive provided they have satisfied the conditions of the allocation, as described in the legislative framework. The amount of incentive for an approved rental dwelling is also outlined in the legislation.

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    I can confirm that Aspire Housing Group Pty Ltd accepted an offer from the Secretary’s Delegate of a reserved allocation in relation to 203 rental dwellings. Aspire Housing Group Pty Ltd was notified by the Secretary’s delegate of their reserved allocation for those 203 dwellings, including the conditions that apply to the reserve allocation, in a letter dated 4 February 2009. Aspire Housing Group Pty Ltd’s reserved allocation will become an allocation, and Aspire Housing Group Pty Ltd will be an approved participant, when the conditions relating to their reserved allocation are fulfilled, including that the dwellings are available for rent. Aspire Housing Group Pty Ltd will be entitled to receive an incentive for the incentive period as described in the legislation, subject to Aspire Housing Group Pty Ltd satisfying the conditions of the allocation. Finally, although the offer of incentive contributions by the Queensland Government is not specifically covered by the legislation, the Department can confirm that there is a joint assessment process and the application by Aspire Housing Group Pty Ltd was supported by both the Australian and Queensland Governments for 203 rental dwellings.” The Applicant’s consultant has provided the following information on the National Rental Affordability Scheme (NRAS): “The National Rental Affordability Scheme (NRAS) has been formulated to create affordable housing for lower and middle income earners. The NRAS offers a level of housing between government social housing and the open rental market. It was formulated and enacted into State Legislation in December 2008 due to the massive demand for affordable housing need which is at critical levels Australia wide. Affordable, appropriate, safe and secure housing is a basic human need and a critical component of community well-being, labour market efficiency and social cohesion. Many centres in the Wide Bay Burnett region suffer from a serious shortage of affordable housing, particularly for low-income households. Changing demographics in the region have resulted in a shift of consumer housing demands. The need for affordable housing for single dwelling accommodation is consequently one of the highest housing needs. The affordable housing project, proposed upon the subject site, addresses this need by providing adequate supplies of housing in the region. The individual household designs are appropriate to the needs and circumstances of the residents and meets best practice guidelines in terms of safety and energy efficiency.

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    Pre-lodgement discussions with Gympie Regional Council planning staff has indicated that Council support for the project will exist where an appropriate site development outcome is presented. It is considered that the Proposal Plans included within Attachment A provide an exemplary affordable housing site development outcome, while achieving suitable acoustic and amenity screening measures to mitigate any adverse impacts upon adjoining residential properties. Traditionally people move up the housing spectrum from rental to mortgage and finally ownership. Currently the disturbing trends are the opposite. People are moving down the spectrum towards social housing and homelessness. NRAS was created to introduce a new level of housing. This level of housing is aimed at catching people before they fall into social housing and homelessness. To be eligible to rent an NRAS property, tenant’s annual income must be:- • Singles / no child: - $40 501 - $50 626. • Couples / 1 Child: - $55 991 - $69 989. • Families / 2 Child: - $69 423 - $86779. • Families / 3+ Child: - $82 855 - $103 569. • QLD tenants who are sourced from ‘Dept of Housing’ waitlist.

    Types of people who need this facility include:- • Nurses stationed at the local hospital. • Firemen without families in local area. • Policemen without families in local area. • Casual workers. • Apprentices from all areas of employment. • Widows and widowers with smaller housing needs. • All ages and all backgrounds across the community.

    These people are the building blocks of Gympie’s community. We need to support them and in a large proportion of cases, they are then people who go on to be the very fabric of the community.” 2.2 Suitability of the Site under NRAS Criteria The Applicant’s consultant has provided the following information in support of the proposal. “…The site has been reviewed by Federal and State Governments, as it meets the criteria and the approval process as follows:

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    • The building is designed to meet the needs of today’s housing affordability crisis. It is ideally located in close proximity to shopping centers, public transport, services and amenities.

    • Aspire Housing Group seek to locate developments within practical walking distance to the main street, shops and services in order to further assist people under housing stress.

    • The site is ideally located in immediate proximity to shopping, employment agencies, community providers such as the Salvation Army and St Vincent de Paul, public transport, community housing groups, food retailers, post offices, banks, public phones, churches, park, recreational facilities, health services, doctors, schools and educational facilities. This ensures social networks are complete and the residents have every opportunity to maximise benefits offered by these facilities and services.

    • Car ownership and use is somewhat mitigated for there is no immediate need to use and purchase personal transport, which is often a large cost for low income earners. Lower dependency on car use and traffic movements will ensure the site impact and amenity of surrounding properties and road networks are not compromised.

    • Careful selection of site location, design and characteristics will form the basis of future affordable housing projects to be pursued in Queensland under the NRAS.

    Alma Street specific site location benefits:-

    • Centrally located to allow walking to Gympie’s key goods and services. • Public transport within walking distance. • Reduced need for tenants to have a private motor vehicle. • Goods and services are accessible via Alma Street. • Close to other higher density housing forms. • Affordable land, keeping project costs down (i.e. site purchase price is

    not inflated due to location in the Housing Zone). Cost saving will be passed onto consumer, promoting affordable housing outcomes).

    • Leafy surroundings of neighbourhood and open space opportunities within 800m.

    • Quite back streets for walking and bike riding. • Relatively flat site to ensure equitable access opportunities can be

    effectively provided.”

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    3.0 STATUTORY REQUIREMENTS

    Zoning Map 3.1 Intent of the Zone The Housing zone aims to provide a range of housing forms, with a high level of amenity and well designed, attractive medium density housing in proximity to services and public transport. The site is located within the Housing zone and as the proposal is for a Multi-Residential development (more than two dwellings) and is not in the Mixed Housing Preferred Use Area, the use is considered ‘inconsistent’. The applicant has provided the following justification in support of the proposal: “…The overriding community need and benefit which this project addresses clearly justifies the identified planning scheme conflicts. The NRAS was formulated and enacted into Legislation in December 2008 due to the massive demand for affordable housing which is at critical levels Australia wide. There is a clear and urgent need for the proposed type of affordable housing in the Gympie area, due to:

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    • A high population living in sole occupancy; • Low supply of single bedroom dwelling accommodation; • High unemployment; • Low household average income; • House prices dramatically escalating in the last 10 years; and • The number of people on a waiting list for one bedroom accommodation. The types of people who need this facility include nurses stationed at local hospital, firemen and policemen without families in the local area, casual workers, apprentices, widows and widowers and a range of residents throughout Gympie. These people are the building blocks of Gympie’s community and must be supported by the local Council. It is considered that the site lends itself to an innovative form of affordable housing development given the site characteristics, immediate proximity (approximately 200m) to the town centre and its location within 80m of the Central Business Zone. The proposal has been designed in a manner that it is respectful to the amenity of the adjoining properties, through the utilisation of effective landscape and acoustic/aesthetic buffering measures. The proposed design will ensure the creation of an attractive streetscape and presents a significant improvement on the current dilapidated site. Key project design qualities to ensure it blends in with the existing character locality include: • Soft parking to the site frontage. • Use of shade trees throughout the carparking area. • Preservation of existing Camphor Laurel tree along the site frontage. • Location of communal open space to the front of the site. • 15m setback from street frontage and compliant side/rear setbacks. • Lightweight heritage style of architecture. • Preservation of the existing character house upon the small lot fronting

    Caledonian Hill. • Reduced site cover (30% and building height (7m), where 40% and 8.5m

    are permitted. Affordable, appropriate, safe and secure housing is a basic human need and a critical component of community well-being, labour market efficiency and social cohesion. The need for affordable housing for single dwelling accommodation is consequently one of the highest housing needs in Gympie. Strong grounds for approval have been presented throughout this Town Planning Report. It is considered that this development application for Material Change of Use and Reconfiguration of a Lot should be approved subject to the imposition of reasonable and relevant conditions”.

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    Few examples of multi-residential development proposing in excess of two (2) dwelling units have been approved under Council’s current Planning Scheme, outside of the Mixed Housing Preferred Use Area. However, the NRAS development proposes an alternative style of accommodation, which is not considered to constitute standard multi-residential development as foreshadowed by the current Planning Scheme. Adequate justification has been demonstrated by the Applicant and sufficient planning grounds exist in order to warrant support for the establishment of an Affordable Housing Project at this location, including proximity to the Gympie CBD, overriding community need and a lack of designated Mixed Housing Preferred Use Areas that are able to meet the specific criteria under NRAS. 3.2 Compliance with the Planning Scheme 3.2.1 Scheme Definition As the application involves more than one dwelling, it is classified as ‘Multi-Residential’ by the Planning Scheme. The Application also proposes Reconfiguring a Lot for a Boundary Realignment. 3.2.2 Development Provisions – Material Change of Use Applications for Multi-Residential uses in the Housing zone are determined to be Code Assessable (inconsistent uses) development and are assessable against the following Codes: • Gympie Planning Area Code • Multi-Residential Code • Erosion and Sediment Control Code • Landscaping Code • Infrastructure Works Code • Vehicle Parking and Access Code Gympie Planning Area Code The development is considered generally able to achieve the amenity requirements set out in the Code, either through design considerations and or the imposition of conditions. Multi Residential Code The development is not considered to constitute standard “Multi-residential” development as foreshadowed by the Planning Scheme and as such a merits based assessment has been undertaken, with a greater significance on achieving the Specific Outcomes identified by the Code, rather than the Probable Solutions.

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    The development exceeds the maximum density indicated within the Code of one (1) unit per 250m2 of site area and proposes a density of one (1) unit per 70m2 of site area. The Code does not however, differentiate between the size and or number of bedrooms to be included when specifying this standard. The development proposes single bedroom units, (which is considered to be able to accommodate a comparable density of occupants to a 4 x 3 or 4 bedroom unit complex) and represents a form of housing that there is a considerable need for within the community. The proposal also provides a lesser amount of open space for residents than that specified within the Planning Scheme, however given the sites’ proximity to usable public parkland, a relaxation of this standard is also considered to be warranted. Therefore, sufficient grounds exist in order to warrant a relaxation of these standards, provided that the overall functionality of the development is not compromised as a result. This matter is discussed in further detail in subsequent sections of this report. The proposed development is considered generally able to meet the remainder of the Outcomes sought by the Code. Erosion and Sediment Control Code No conflict is raised with the code. Appropriate sediment control measures would be able to be conditioned at the Operational Works stage should the Material Change of Use application be approved. Landscaping Code Landscaping provisions for multi-residential development include: - 2 metres wide averaging 3 metres wide along all frontages where

    buildings are not built to the boundary; - minimum 2 metres wide along each side and rear boundary where

    buildings are not built to the boundary; and - car parking areas landscaped with shade trees. The development currently proposes a reduced amount of landscaping, than that required by the Code. Additional landscape works should be required as part of any approval relating to the establishment of a multi-residential unit development at this location. Infrastructure Works Code The proposal is generally able to comply with the majority of the requirements of the Infrastructure Works Code. Refer to the Design Services Division report for further details.

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    Vehicle Parking and Access Code The overall outcomes of this Code are the provision of sufficient vehicle parking for users of the premises on site, adequate circulation space within the site and safe and efficient movement of vehicles at ingress or egress points. The Planning Scheme nominates a car parking requirement of 1.5 spaces per dwelling for multi-residential development. For this development, this equates to 18 spaces. The proposal does not meet this requirement, by providing a total of 8 sealed spaces and an additional 4 unsealed parking spaces on the site, with Alma Street to accommodate any overflow requirement. As previously discussed in this report, the Applicant has provided justification in support of allowing a reduction. Alma Street is however, not considered to have any spare capacity to accommodate additional on-street parking and a need for the development to provide the compliant number of on-site parking spaces is considered warranted in this instance, despite the justification provided by the Applicant (refer Design Services Division report for further details). Further, the likelihood of low car ownership rates and reliance on the public transport network by future tenants is considered unlikely within the Gympie area. Also, the continued occupation of the site for residential purposes, beyond the lifetime of NRAS (which is, at this stage, only for a ten (10) year period, although may be subject to extension) is considered to provide further justification for compliance with the required number of carparking spaces. As a result the proposal is not considered able to meet the Outcomes sought by the Vehicle Parking and Access Code. 3.2.3 Development Provisions – Reconfiguring a Lot Applications for Reconfiguring a Lot – Boundary Realignment, are determined to be Code Assessable development and assessable against the following Codes. • Gympie Planning Area Code • Reconfiguring a Lot Code • Infrastructure Works Code • Landscaping Code

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    The proposed boundary realignment is considered able to comply with the majority of Outcomes sought by the above Codes. Sufficient planning grounds exist in order to support the reduction of the lot containing the existing residence, fronting Caledonian Hill, however as a consequence of the development a new practical access from Caledonian Hill and a covered car space for use in conjunction with the residence will need to be constructed (refer to Design Services Division report for further detail). Suitable conditions have been imposed in the recommendation. 3.3 Local and/or State Planning Policies There are no local or state planning policies applicable to this application. Local policies relating to landscaping, water supply and sewerage headworks are applicable. 4.0 PLANNING CONSIDERATIONS 4.1 Appropriateness of the Proposal The NRAS development proposes the establishment of twelve (12), single bedroom, residential units within the Housing zone. The development represents an alternative style of accommodation, which is not considered to constitute standard multi-residential development as foreshadowed by the current Planning Scheme. Adequate justification has been demonstrated by the Applicant and sufficient planning grounds exist in order to warrant support for the establishment of an Affordable Housing Project at this location, including proximity to the Gympie CBD, overriding community need and a lack of designated Mixed Housing Preferred Use Areas that are able to meet the specific criteria under NRAS. However, given the existing congestion within Alma Street, there is a justifiable need for the development to provide the compliant number of on-site parking spaces. As a result, the site is considered better able to accommodate an NRAS proposal with a reduced density (eight (8) single bedroom dwelling units), with a minimum of twelve (12) on-site sealed carparking spaces.

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    4.2 Impact on Amenity The proposed development is unlikely to have a significant impact on the privacy currently enjoyed within the living areas of adjoining residences. With the addition of landscaping in accordance with Scheme requirements to the front of the site, the proposal is considered to positively contribute to the streetscape within Alma Street. The retention of the character house on the Caledonian Hill lot is also considered to be a positive outcome of the development. Conditions relating to amenity are also able to be imposed on any approval. 4.3 Site Access and Traffic The proposed use will generate additional traffic and a contribution for this would be justified (refer Design Services Division report for further details). 4.4 Carparking Car parking does not meet the requirements of Council’s Planning Scheme, with a total of twelve (12) spaces to be provided (two (2) of which are unlikely to accommodate adequate manoeuvring areas), resulting in a shortfall of six (6) to eight (8) car spaces. Alma Street does not have the capacity to accommodate overflow on-street parking as a result of the development. The Boundary Realignment will also result in a requirement to construct a new practical access from Caledonian Hill and provide a covered car space for use in conjunction with the residence (refer to Design Services Division report for further detail).

    4.5 Flooding The site is not known to be subject to flooding. 4.6 Need for Increased Community Services and Facilities Council does not currently levy park and recreation contributions for unit developments. 4.7 Site Contamination The site is not listed on the Environmental Management Register.

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    4.8 Utilities and Services The site is presently serviced by reticulated water and sewerage and headworks charges are applicable in accordance with Planning Scheme Policy 7 – Water Supply and Sewerage Headworks Contributions, Works External and Works Internal (refer to Design Services Division report for further details).

    5.0 PUBLIC NOTIFICATION Due to the level of assessment for the application, formal public notification was not required. Council, however, sent letters to residents in the vicinity of the development site advising them of the proposal and the application was included in Council’s Advertisement in the Gympie Times. As a result two (2) submissions were received. Issues raised included: • Car parking provision and manoeuvring areas; • No off-street car parking for residence on Caledonian Hill; • Suggest reducing to development to a six (6) unit development with

    provision of 12 complying car parking spaces and provision of car parking for the existing residence from Caledonian Hill.

    • Traffic, including dangerous intersection at Alma and Mellor Streets, lack of road markings (including the Alma and Pollock Street intersection), existing dangerous parking associated with child care centre pick-up/drop-off parking

    • Noise, anti-social behaviour, loss of relaxed ‘neighbourhood’ feel and association to harassment of parent who resides in Housing Commission unit.

    The concerns raised within the submissions have been considered during the assessment process and are generally able to be addressed through a redesign of the proposal, including a reduction in the unit density (eight units, in lieu of twelve), which will allow for the required rate of car parking to be accommodated on-site. Amenity concerns are able to be addressed through the imposition of conditions.

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    6.0 CONSULTATION 6.1 Internal Consultation (a) Design Services Division Report: (Design Services Technical Officer – A.C. Walsh) This engineering report is based on the report (dated August 2009) by KHA Development Managers to reconfigure the boundary between 24 Caledonian Hill (Lot 26 G14716) and 9 Alma Street (Lot 66 on G14716) and the development of twelve (12) units (NRAS Affordable Housing Project) on the Alma Street site. RECONFIGURING A LOT (BOUNDARY REALIGNMENT) Two issues that should be addressed as part of the boundary alteration are as follows:- a) On-Site parking for the Existing Dwelling Fronting Caledonian Hill:

    A site inspection revealed that vehicular access to both lots has been gained from 9 Alma Street even though the separate titles existed. With the proposed development of 9 Alma Street, vehicular access to the existing dwelling would have to be from Caledonian Hill. Access from the street to the property boundary will not create a problem but with no opening in the concrete fence and filling within the lot, extensive earthworks will be required for on-site parking to be achieved. Planning Department may need to further assess the requirement for on-site parking for this lot.

    b) The Water and Sewerage Division advises the existing 100mm diameter sewer (combined house drain) connecting 24 and 26 Caledonian Hill should be replaced with a 150mm diameter sewer as part of the boundary alteration. The estimated cost of this work is $12,800 of which 50% of the costs should be met by the applicant ie. $6,400.

    MATERIAL CHANGE OF USE – 12 UNITS 9 ALMA STREET FRONTAGE ROAD / ACCESS / CAR PARKING The proposed development site has frontage to Alma Street which is fully constructed including a 900mm wide concrete footpath. The Accommodation Premises Code of the Cooloola Planning Scheme lists as a probable solution for access to be from a road with a reserve width of 20 metres. Alma Street has a reserve width of 15 metres (approximately).

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    The application as submitted to Council does not comply with the Planning Scheme requirements as the visitor parking of 6 bays has not been provided on-site. (It is recognised however, that this particular use is not strictly covered by the Scheme.) The Consultants submitted as part of their report, that on-street parking in Alma Street to be used for the shortfall. To support this proposal, Consultants state in their report that this is a National Rental Affordability Scheme and given the close proximately to the central business area not all tenants will have or will need a car and the actual overflow of parking onto Alma Street will be minimal. Council should also consider that in a regional town like Gympie and the income brackets of tenants eligible for the NRAS, the majority of tenants may have cars as public transport (buses) has a limited timetable and routes available. Another consideration is the agreement the applicant has with the Federal and State government for subsidised rental under the NRAS is for 10 years with a prediction for the scheme to be extended for 15-20 years. Should the development anytime in the future not operate under the NRAS, the need for parking at the units may increase. The congestion of traffic in this section of Alma Street, mainly in the vicinity of the Pre Prep School has been an on-going problem for many years. Some 20 plus years ago the Gympie City Council trialled the one-waying of Alma Street to help alleviate the problem but this was not implemented. By allowing a further twelve (12) units to be developed would add to this congestion. Council may wish to consider a smaller development of eight (8) units with all parking on-site as an acceptable solution and a slightly reduced increase in traffic generation.

    The contribution to the Urban Road Policy can be assessed based on the number of units approved.

    WATER SUPPLY AND SEWERAGE Adequate water supply and sewerage exist for the development, however headworks charges will apply subject to Planning Department assessment. The size of water service is to be determined at the Plumbing Application Stage. STORMWATER DRAINAGE No Council stormwater drainage exists at this location. The applicant should be required to undertake all necessary works on-site to ensure that future stormwater runoff from the proposed development is no worse than what currently exists. SERVICES The applicant will be required to provide electrical and communication services to the site at the applicants cost.

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    Adequate street lighting is provided at this location. SUBMISSIONS Two (2) submissions were received and both proposed raised concerns of the proposed visitor parking (ie. 6 bays) from the development be allowed to park on Alma Street and the ongoing effect this would have on the congestion in Alma Street. One also raised concerns of the limited visibility to the north when entering Mellor Street from Alma Street and lack of road marking at the Alma Street - Pollock Street intersection. 6.2 External Consultation No Concurrence or Advice Agencies were applicable to the proposal.

    7.0 CONCLUSION Adequate justification has been demonstrated by the Applicant and sufficient planning grounds exist in order to warrant support for the establishment of an Affordable Housing Project at this location, including proximity to the Gympie CBD, overriding community need and a lack of designated Mixed Housing Preferred Use Areas that are able to meet the specific criteria under NRAS. However, given the existing congestion within Alma Street, there is a justifiable need for the development to provide the compliant number of on-site parking spaces. As a result, the site is considered better able to accommodate an NRAS proposal with a reduced density (eight (8) single bedroom dwelling units), with a minimum of twelve (12) on-site sealed carparking spaces, in order to achieve a higher quality of amenity and functionality for the proposed complex and limit further congestion of Alma Street. It is therefore recommended that a Preliminary Approval be issued for the Material Change of Use to establish an NRAS Affordable Housing Project for a Development Permit incorporating the following design details: (i) Revised proposal plan incorporating a total of eight (8) dwelling units; (ii) Minimum of twelve (12) sealed, on-site car parking spaces, including

    manoeuvring areas; It is also recommended that Council Approve the Reconfiguring a Lot – Boundary Realignment, subject to Conditions, in order to facilitate the aforementioned development.

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    P06/12/09 Moved: Cr D.R. Neilson Seconded: Cr J.A. Walker Recommend that the matter be held over pending receipt of further material from the applicants.

    Carried.

    Report: (Principal Planner – K.M. Toomey) 1.0 INTRODUCTION The Applicant’s Consultant submitted a revised plan of development on 16 December 2009, for a Multi-residential NRAS affordable housing project, incorporating a total of 10 dwelling units and 16 car spaces. The previous report presented to Council at the Planning and Development Committee Meeting on 2 December 2009, although referring to a previous development layout, is still considered to be relevant to the proposed development application. 2.0 THE REVISED PROPOSAL The revised proposal consists of the following: • 10 Dwelling Units; • 14 Sealed Car Spaces, and • 2 Reinforced Turf Car Spaces.

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    The revised proposal plans are reproduced below.

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    2.0 PUBLIC CONSULTATION A community meeting was held at the Yoga Centre in Alma Street, on the 10 December 2009, with Cr Ian Petersen, Cr Graham Engeman, Cr Walker, Director of Planning and Development – Mike Hartley, residents and business owners, in attendance. A commitment was made to undertake an additional round of public consultation, once Council had received the additional material from the Applicant. The revised proposal plans were distributed to the residents and businesses, currently located within Alma Street, for comment and the collated response has been included within the Councillor’s Information Booklet. The additional submissions did not introduce any new land use planning issues that had not previously been addressed in the initial assessment of the proposal. 3.0 ASSESSMENT OF THE PROPOSAL The assessment included within the original report is still relevant to the proposal. The Applicant has proposed a reduction in the overall density by deleting two (2) units and proposing 14 sealed car spaces and two (2) reinforced turf car spaces. 10 dwelling units constitutes a density of one (1) single bedroom unit per 84.5m2 of site area, which is considered to be too dense for the site. Sufficient justification does, however, still exist in order to support an 8 unit proposal, with a density of one (1) single bedroom unit per 105.6m2 of site area, as per the original recommendation. Further, no provision has been allowed to incorporate aesthetic landscaping to the frontage of the site as per Planning Scheme requirements and adequate grounds do not exist in order to warrant a relaxation of this standard. Therefore the two (2) car spaces closest to the frontage of the site are not considered acceptable and as a result, a carparking shortfall still exists, which constitutes further justification that the site is better suited to an 8 unit development. As a result, Council officers are not in a position to support the revised proposal and the original recommendation for a development consisting of 8 dwelling units, with a minimum of 12 sealed on-site car spaces, is still considered to be an appropriate, efficient and acceptable use of the site.

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    4.0 CONCLUSION In summary, the revised proposal is not considered to represent an acceptable density for the site and does not provide an adequate number of on-site car parking spaces, without compromising the functionality of the development and the ability to provide aesthetic landscaping to the frontage of the site. Compelling grounds do not exist to support the revision and as a result, the site is still considered better able to accommodate an NRAS proposal with a reduced density (eight (8) single bedroom dwelling units), with a minimum of twelve (12) on-site sealed carparking spaces, in order to achieve a higher quality of amenity and functionality for the proposed complex and limit further congestion of Alma Street. It is therefore recommended that a Preliminary Approval be issued for the Material Change of Use to establish an NRAS Affordable Housing Project for a Development Permit incorporating the following design details: (i) Revised proposal plan incorporating a total of eight (8) dwelling units; (ii) Minimum of twelve (12) sealed, on-site car parking spaces, including

    manoeuvring areas; It is also recommended that Council Approve the Reconfiguring a Lot – Boundary Realignment, subject to Conditions, in order to facilitate the aforementioned development.

    P04/03/10 Moved: Cr G.L. Engeman Seconded: Cr R.A. Gâté

    Recommend that Council refuse the application on the grounds that it conflicts with the Planning Scheme and there are not sufficient planning grounds to justify approval despite the conflict.

    Carried.

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    2/3 2009-1312 – Material Change of Use – Multi-Residential (Eight (8) Units) –

    20 Nautilus Drive, Cooloola Cove – SSJ Bay Developments Pty Ltd FILE NO: Minute: P05/03/10 2009-1312 APPLICANT: SSJ Bay Developments Pty Ltd LANDOWNER: SSJ Bay Developments Pty Ltd RPD: Lot 433 RP174237 SITE ADDRESS: 20 Nautilus Drive, Cooloola Cove CURRENT USE OF LAND: Vacant lot PROPOSAL: Material Change of Use – Multi-

    residential (Eight (8) Units) EXISTING ZONE: Housing Zone (Regulated Subdivision

    Precinct) PREFERRED USE AREA: Nil LEVEL OF ASSESSMENT: Code (Inconsistent Use)

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    KEY POINT SUMMARY

    • Application to establish eight (8) single storey, single bedroom units on a 2000m2 site at Cooloola Cove;

    • The use is considered ‘inconsistent’ given it is not included within the preferred unit area;

    • The application largely complies with the technical provisions relating to units and some argument could be formed for the suitability of the location for higher density residential development, should such form of housing be considered needed at Cooloola Cove;

    • Cooloola Cove does not have a preferred unit area and the site is included in a ‘regulated subdivision’ precinct which prescribes minimum lot sizes of 2000m2;

    • The proposal is considered contrary to the community expectations based on previous community consultation undertaken in the planning scheme preparation;

    • Whilst Cooloola Cove has developed since adoption of the current planning scheme it is considered appropriate that forward planning be progressed in relation to the preferred residential development patter at the Cooloola Coast prior to approving a proposal for units;

    • The application is tabled for the Committee’s consideration. Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 INTRODUCTION This application seeks Council’s approval for a Material Change of Use to establish eight residential units on a property at Nautilus Drive, Cooloola Cove. 1.1 Site Description

    • The site is located at 20 Nautilus Drive, Cooloola Cove and is 2 080m2 in area.

    • Nautilus Drive is the main distributor road through Cooloola Cove and thoroughfare from Tin Can Bay to Rainbow Beach.

    • The site is approximately 150 metres from the Cooloola Cove Shopping Centre.

    • The site is vacant and gently slopes to the rear. • The site is adjoined by existing detached dwellings and other vacant

    land. 1.2 The Proposal Proposal details can be summarised as follows:

    • The construction of a new building of four (4) detached dwellings each containing two (2) dwelling units;

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    • Each unit is single storey, single bedroom and 51m2 gross floor area; • A verandah and open carport is attached to each unit; • Front boundary setback of six (6) metres achieved; • Side and rear boundary setbacks of minimum three (3) metres; • 12 on-site car parks, including four (4) uncovered visitor spaces.

    The proposed layout is reproduced below.

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    2.0 STATUTORY REQUIREMENTS 2.1 Planning Scheme The site is included in the ‘Housing’ zone and Regulated Subdivision Precinct of the Cooloola Shire Council Planning Scheme. The proposed development is Code assessable.

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    2.2 Assessment Against Codes The applicable Codes include the following:

    - Cooloola Coast Planning Area Code - Multi-Residential Code - Infrastructure Works Code - Landscaping Code - Erosion and Sediment Control Code - Vehicle Parking & Access Code

    A brief overview of the proposal’s compliance with the relevant Code provisions of the Scheme is provided in the following sections.

    2.2.1 Cooloola Coast Planning Area Code Inconsistent Use The proposed use is listed as an inconsistent use on the site (Housing Zone, Regulated Subdivision Precinct), indicating the proposal conflicts with the Code. The applicant argues that sufficient planning grounds exist to warrant approval for the development and these include:

    the scale of the development will not result in any additional water demand in the area to that to a potential dwelling on the property;

    the development site’s location is in close proximity to the recently opened Woolworths Shopping Centre, medical centre and Vietnam Veteran’s Hall where units could reasonably be expected;

    Nautilus Drive is a local bus route, providing good transport for prospective resident’s to Tin Can Bay and Gympie;

    the development will contribute to creating a mix of housing forms and styles needed but not currently reflected at Cooloola Cove.

    The inconsistency with the planning scheme was raised with the applicant in the information request which stated: ‘At the outset, it is acknowledged that the development is considered inconsistent with the intentions of the planning scheme. Whilst the grounds submitted to support this inconsistency are noted, the following comments are made for your further consideration: (a) the site is included in a ‘regulated subdivision’ precinct, where the

    minimum lot size is 2000m2. This being the case it is not considered the density proposed is comparative to that expected by subdivision of the lot;

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    (b) it is agreed that Cooloola Cove is a developing community, however it is

    considered questionable that it now contains the desired services and facilities to fully cater for some of the likely residents indicated (ie elderly);

    (c) a preferred unit area has not been allocated in the planning scheme at

    Cooloola Cove, therefore no formal planning has been undertaken by Council in regards to multi-residential development in this locality. Such broader considerations will need to be given by Council in this regard during the assessment of the application.’

    The applicant did not respond to these comments. The development site is included in the Housing Zone and Regulated Subdivision Precinct which establishes a low density residential environment with minimum prescribed lot sizes of 2 000m2. This Precinct was implemented in the planning scheme following community consultation and a desire to retain larger allotments in the already developed part of Cooloola Cove. The regulated subdivision precinct is represented on the map following by the cross-hatching over the red housing zone.

    The development therefore proposes a density greater than that intended by the Council that adopted the planning scheme and also is contrary to the most recent known community expectations.

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    It could be argued that the 2005 planning scheme is somewhat dated and Cooloola Cove has changed considerably since that time. However, whilst work has commenced on the preparation of a new planning scheme, Council is yet to have any formal discussions on either the appropriateness of allocating a unit area at Cooloola Cove or where that area should be. This being the case, the proposed development may be somewhat premature. It could be the case that, because of the services and facilities currently available in Cooloola Cove it may not be suitable to dedicate any unit area at this time. Council is being asked, through this application, to make a decision on units at Cooloola Cove before all the relevant information and necessary considerations have been brought to light or with the benefit of recent community consultation regarding a preferred residential development pattern. The applicant’s claim that the development will not result in any additional loading on water and sewerage infrastructure to that of a dwelling has not been substantiated by evidence further, the claimed community need for this type of housing at Cooloola Cove has not been demonstrated. Effects of Use The effects of the use in relation to light, noise and other matters can be addressed by standard conditions. Scale, Siting and Provision of Buildings, Structures and Other Works The proposed buildings comply with maximum height, storeys and setback provisions in the planning scheme, however it could be argued the development conflicts with SO-8 requiring buildings to be of a scale consistent with existing buildings, structures and other works on adjoining and surrounding premises. The proposal complies with the maximum prescribed site coverage of 40%. Protection from Flood Events The floor levels comply with the minimum nominated. 2.2.2 Multi-Residential Code The development is mostly complying with the provisions of the multi-residential code, which relate to:

    • site coverage; • density; • height; • setbacks; • private open space; and • site amenities.

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    The development does not comply with communal open space requirements, which stipulate 0.2m2 per square metre of GFA should be provided. This is not considered a significant issue on its own, and when acknowledging that over 100m2 of private open space is provided per unit. 2.2.3 Infrastructure Works Code

    Services

    The site is connected to reticulated water and sewerage and has access to electricity and telecommunications infrastructure (refer to Design Services Division report for further details on services). Headwork charges are applicable to this proposal. Stormwater The site and general location is subject to issues regarding stormwater management. This was raised in submissions to the proposal and is discussed in detail in the Design Services Division report following. Frontage Road The site’s frontage road (Nautilus Drive) does not have kerb and channel, nor a pedestrian footpath. A footpath is recommended to be constructed along the frontage should an approval of the development ensue. The Design Services report indicates the existing table drain should be upgraded in lieu of installing kerb and channel, given the difficulties in retrofitting such infrastructure.

    2.2.4 Landscaping Code Landscaping proposed is considered adequate and can be conditioned. A detailed landscape plan would need to be submitted to Council for assessment and approval, subsequent to any approval issued. 2.2.5 Erosion and Sediment Control Code Appropriate conditions can be imposed to address provisions of the Code. 2.2.6 Vehicle Parking and Access Code Under Schedule 10: Minimum Parking Requirements, the proposed development attracts a parking rate of one (1) covered space per unit and 0.5 spaces per unit for visitors.

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    The development therefore complies with the number of car parking spaces required, however it is suggested the proposed visitor spaces between units 3 and 5 and 4 and 6 pose awkward manoeuvring and should be reconfigured. 2.3 Local and/or State Planning Policies No State Planning Policies are applicable to this application. The applicable Local Planning Policy issues have been addressed in the suggested conditions. 3.0 PUBLIC NOTIFICATION Due to the level of assessment allocated to the proposal (ie Code), the application did not require formal public notification. Letters were sent, however, to property owners in the immediate vicinity of the development site and as a result two (2) submissions were received. The issues raised can be summarised as follows:

    Issue Comment Development is contrary to the intentions of the ‘regulated subdivision’ precinct

    Agreed. Concerns raised in the report about the proposal’s conflict with the expected densities in this area and absence for recent forward planning to determine if and where units should be located at Cooloola Cove.

    Information not submitted in relation to expected occupancy numbers

    The units are proposed as single bedrooms. The exact occupancy numbers cannot be regulated by the planning scheme or conditioned.

    The community should be given objection and appeal rights to such a radical change in the intended land use of the site from that documented in Council’s planning scheme.

    Due to State Government influence at the time inconsistent uses were advised to be made code assessable. Council has since dealt with the impracticalities of doing such. It is agreed the community should have greater influence in a proposed change to the planning intentions previously adopted by Council.

    Potential precedent set and potential for further similar applications in the area.

    As mentioned in the report, approval of the proposal would likely reinforce Council’s acceptance of units in the general area.

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    Inadequacy of existing stormwater drainage system to accommodate additional proposed stormwater, particularly given large coverage with roofs and hardstand areas.

    Addressed in design services report. A viable solution exists with the installation of interallotment drainage but will be subject to adjoining owners consent.

    Possible cut/fill to accommodate the development would adversely impact on adjoining properties.

    A cut and fill plan submitted in response to the information request indicates retaining walls are proposed around the entire perimeter of the property.

    Central common driveway appears too narrow.

    No engineering issues have been raised with the internal driveway.

    Collection of 16 garbage bins and potential cluttering of Nautilus Drive frontage.

    A centralised garbage bin location has not been nominated on the proposal plans. This issue has been raised with Council in conjunction with other large unit developments and the use of bulk bins has been encouraged.

    Nautilus Drive is too busy to expect elderly people to access.

    The exact tenants of the units cannot be guaranteed.

    4.0 CONSULTATION 4.1 Internal a) Design Department Report: (General Manager Design Services - R. Chapman) This engineering report is based on the information submitted by Gympie Surveying & Planning ref July 2009 and additional information submitted as per information requests. TRAFFIC Under the Urban Roads Upgrading Contribution Policy, a contribution of $12,828.80 is required. ACCESS / FRONTAGE The site has a 32 metre frontage to Nautilus Drive which is an 11.5 metre wide sealed road with only a grass table drain (in lieu of kerb and channel) and no built footpath on this side of the road. A concrete lined invert drain and 2.5 metre wide concrete footpath should be provided along the frontage.

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    The access, where proposed is suitable and will require construction to a design to accommodate the flow of water that prevails in the table drain for a Q100 event as any overflow could enter this property or those upstream due to the very flat slope of the land in this area. STORMWATER DRAINAGE / FLOODING As mentioned above, this area is very flat and there are interlot drainage issues as a result. The applicant was asked to demonstrate how this water would be treated and advised that it was proposed to raise the whole site at the rear by approximately 0.5 metres to make it fall to the street frontage. Retaining walls would be built around the rear and both sides of the property. This proposal would make this lot an "island" and block surface water from adjoining lots to flow naturally across this area. This is not acceptable. It will be necessary to provide an interlot drain at the rear of the property to be piped across the rear of the adjoining Lot 432 to discharge into Santa Maria Court table drain. The interlot drain should also extend across the rear of the lot to enter Lot 434 to enable that property to be drained also. This drain could be further extended by the respective owners across Lots 434, 435 and 436 into Lots 441 and 442 for their benefits as well as those of Lots 454, 455, 456 and 431. The owner of Lot 434 has submitted that the table drain in Nautilus Drive overtops the pipe culvert crossing installed at his driveway and enters his property. Recently completed works upstream in Achilles Avenue should assist to relieve this claim. Further works will be required of Council to upgrade the table drain drainage along Nautilus Drive as part of its upgrading program for stormwater drainage at Cooloola Cove. The table drain works as required above should therefore be as a contribution to enable adjoining works to be carried out in conjunction. SEWERAGE The site is serviced by a sewer at the rear of the property which has capacity for this slightly increased loading. Headworks charges apply accordingly. WATER SUPPLY The site is serviced with a water main along the frontage. An upgraded service will be required to meet fire fighting requirements. Headworks charges will apply. OTHER SERVICES Electricity and telecom services are available with any upgrades to the developer's cost. Existing street lighting is adequate at this location. SUBMISSIONS A submission received from an adjoining owner has been discussed with that person and the issues raised have all been addressed in the report and conditions proposed.

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    4.2 External There were no referral agencies triggered by this application. 5.0 CONCLUSION The application proposed eight (8) single storey, single bedroom units on a 2 000m2 allotment at Cooloola Cove. The proposal largely complies with technical provisions relating to units, however is identified as an inconsistent use. A unit area was not allocated at Cooloola Cove in the 2005 Cooloola Shire Planning Scheme and it is suggested approving the development may be premature, prior to Council progressing discussions on the preferred residential development pattern at this locality. 6.0 COMMENTS BY THE DIRECTOR OF PLANNING AND

    DEVELOPMENT As identified in the foregoing report, the application proposes a type of development not foreshadowed by the current planning scheme at this location. Any support for this proposal should be based on sufficient planning grounds, having regard to locational criteria and changed circumstances since the planning scheme was adopted. The report identifies that the site is strategically located with respect to nearby commercial zoned land, and that in relation to Cooloola Cove generally, higher density in proximity to the commercial precinct would be an appropriate planning consideration. In relation to changed circumstances in recent years, the shopping centre has been established and a tavern has been approved by Council on nearby commercial land. The State Government continues to promote diversity of housing choice and affordable housing, both of which are addressed by this proposal. The planning considerations for and against this proposal are considered to be fairly evenly balanced. The proposal is inconsistent with the 2005 Planning Scheme, however grounds (location, type of proposal, changed circumstances etc) exist in favour of the proposal. It is this sufficiency of those grounds that should determine whether the application should be approved or refused. The application is tabled for the Committee’s consideration.

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    P05/03/10 Moved: Cr G.L. Engeman Seconded: Cr A.J. Perrett

    Recommend that Council refuse the application on the grounds that it conflicts with the Planning Scheme and there are not sufficient planning grounds to justify approval despite the conflict.

    Carried. WITHDRAWN AT THE REQUEST OF APPLICANT MINUTE G12/03/10 REFERS SECTION 1: STRATEGIC PLANNING MATTERS 1/1 Sport Recreation and Parks Coordinating Committee

    Re: Minute: P06/03/10 Sport Recreation and Parks Coordinating Committee

    From: Manager Strategic Planning File: 6/6/07/0003 Date: 22nd February 2010 References: P28/07/09, P03/09/09, G38/12/09, P24/01/10 EXECUTIVE SUMMARY The discussions of the Sport Recreation and Parks Coordinating Committee for the month of February are summarized in the report. Projects that can now progress include the realignment of reserve boundaries for the Gem Club, Albert Park and Nelson Reserve. Members of the committee will liaise with the Economic Development Officer in relation to the Complete Sports Marketing project. Corporate Services will suggest the Gymnastics Club talk with planning officers in relation to their proposed building extension. The Tozer Park Site Project Plan will be updated accordingly in addition to the potential Youth Centre. An overview of the preliminary site layout was provided by the Design Manager. The committee was alerted to the imminent release of Sport and Recreation Services funding programs and the draft Wide Bay Burnett Regional Recreation and Sport Strategy. The need for consistent regulation of community markets was identified.

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    It was advised that a joint Sunsmart Project had received funding from Queensland Health. Previous Council Considerations 15 July 2009 – Council resolved to proceed with amendments to various reserves. 2 September 2009 – Council endorsed the draft Tozer Park Site Project Plan and requested it be further developed by the Project Team. 16 December 2009 – Council resolved to submit the Rainbow Beach Swimming pool as a project for the Regional & Local Community Infrastructure Program – Strategic Projects Round 2 2009-10. 20 January 2010 – Council resolved to support an application for funding for a Community Youth Centre on the Tozer Park Site. Report: (Manager Strategic Planning – K.A. Rolfe) 1.0 REALIGNMENT OF RESERVE BOUNDARIES Appropriate boundaries for the gem club, Albert Park and Nelson Reserves were settled. Design Services is now able to instruct surveyors to undertake the final survey. The new plan will address the following issues: – Gem Club building encroachment and BBQ areas – highway realignments and resumptions – field encroachment onto Esplanade reserve – combining Touch Football fields into the Albert Park Reserve – opening of Nelson Reserve car park area as road. 2.0 PROJECT UPDATES Updates were provided on the following projects: – registration of One Mile Sports Association and Football Gympie leases – All Abilities Playground – amenities block at Lions Park, Rainbow Beach – sponsorship policy – Complete Sports Marketing. 3.0 SPORT AND RECREATION SERVICES FUNDING The Sport and Recreation Advisor reported about the new funding programs developed pursuant to the review undertaken by the Department of Communities in 2009. The Minister will release details very shortly. Sport and Recreation Services will undertake promotional activities for local clubs. Council was advised to be thinking of projects for which it might be seeking funding.

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    Gympie Regional Council

    4.0 GYMNASTICS CLUB The Gymnastics Club request to extend their lease area was discussed given its impact on the Tozer Park site. The proposal indicates there will be design issues preventing approval in its current form. The club will be advised to seek planning advice. 5.0 GREAT AUSTRALIAN CAMPOUT The Australian Camps Association is pleased with Gympie Regional Council’s response to the Great Australian Camp Out planned for April 2010. The Mary Valley is organizing a large event and has offered assistance to other areas in the region. 6.0 RAINBOW BEACH AQUATIC CENTRE The Committee noted that the CEO’s office had submitted the application for federal funding for the Aquatic Centre at Rainbow Beach to be located adjacent to the Sport Recreation and Memorial Club’s current facility on the Recreation Reserve. 7.0 MINI BUGGY CLUB The South East Queensland Mini Buggy Club is a social club formed for buggy enthusiasts. The club has been holding events at a Kilkivan property over the last three years. The club enquired regarding the availability of land held by Gympie Regional Council. Corporate Services advised the club Council had no suitable land and that they should continue to seek properties in the more sparsely settled areas of the former Kilkivan Shire. 8.0 MARKETS ON RESERVES Council processes, following amalgamation, in relation to the holding of community markets were discussed. While Council approval has generally been given through a Council meeting, the need for ongoing regulation needs to be covered by a whole of region policy. 9.0 TOZER PARK SITE The Design Manager discussed a preliminary concept plan and a potential staging plan for the Tozer Park Site that included eight netball courts, an aquatic centre and a Youth Centre. Management of stormwater and overland flow has been a determining factor in the layout.

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    Gympie Regional Council

    10.0 WBBRRSS It was reported that the final draft of the WBBRRSS was to be distributed shortly. Councillors should all now have a copy and have been invited to a presentation on the 16th March 2010. All comments on the draft will be needed by that date. 11.0 SUNSMART PROJECT A joint project with Sunshine Coast Public Health Unit, Parks, Youth and Community Development and Workplace Health and Safety has been funded to the tune of $4500. The project includes money to purchase resources, some professional development, policy review and planting trees and placing Sunsmart signage in Nelson Reserve. A launch event is included. 12.0 RAINBOW BEACH PARK The Parks Manager discussed the imminent removal of playground equipment from a park in Rainbow Beach due to water infrastructure works. He will report to a future Works meeting in relation to the reinstallation of the equipment elsewhere. Strategic Implications: Corporate Plan: 1.4 Maintain a strong sense of community pride with the

    Council providing support for community volunteers 1.5 Continue to provide a range of community facilities

    for the Region Operational Plan: 3.3 (v) Parks Budget Implications: – within current budget allocations. – lack of matching funds for Sport and Recreation

    Services funding programs Budget Reference: 2521002 Planning Design and Coordination 2521003 Open Space Strategy Legal/Statutory: Land Act, Local Laws Risks: Council has inadequate licensing in place to protect itself against

    insurance claims associated with the conduct of markets. This can be mitigated by the introduction of a comprehensive

    regulatory process and consistently applied policy.

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    Gympie Regional Council

    Consultation: Sport Recreation and Parks Coordinating Committee members. Director of Engineering.

    P06/03/10 Moved: Cr R.A. Gâté Seconded: Cr A.J. Perrett Recommend that Council notes the report.

    Carried. Cr G. L. Engeman declared a Conflict of Interest due to being the President of the Gympie & District Show Society and abstained from voting.

    1/2 Recreation, Racecourse and Showground Lot 72 on G14747 – Request for Adoption of Management Plan Re: Minute: P07/03/10 Recreation, Racecourse and Showground –

    Request for Adoption of Management Plan From: Ric Halse, Strategic Planning Department File: 3/3/03/0060 Date: 18 February 2010 Reference: F74/04/05 Executive Summary: In summation this report seeks adoption by Council of Recreation, Racecourse and Showground Trust Land Management Plan. Previous Council Considerations: F74/04/05: Recommend that Council consider the information supplied by the Showgrounds Working Group with a view to approving the surrender of the existing Showgrounds lease in favour of a new lease commencing 1 July 2005 in terms of that detailed in the above report. Further that the new lease shall preserve the existing use rights of the current land occupants.

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    Gympie Regional Council

    Report: (Strategic Planning Officer – R.N. Halse) 1. INTRODUCTION In accordance with the Land Act 1994 the Department of Environment and Resource Management (DERM) requires Council to develop a Trust Land Management Plan (TLMP) for trust land with secondary lessees. At present a shared lease agreement exists between Gympie District Show Society Inc. and the Gympie Turf Club Inc. so it was necessary to develop such as plan for the showgrounds site.

    Council has previously resolved to offer a lease to the Gympie District Show Society Inc. and the Gympie Turf Club Inc. over land identified as Lot 72 on G14747 at 77 Exhibition Rd, Southside.

    This report has been compiled to seek Council endorsement of the TLMP which will assist DERM to sign off on the lease agreement between Council and the two previously mentioned user groups. 2. PROPOSAL It is recommended to Council that consideration be given to endorse the TLMP for Lot 72 on G14747 which is annexed to this report and titled Recreation, Racecourse and Showground Trust Land Management Plan. Tenure The subject site is under a Deed of Grant in Trust for Recreation, Racecourse and Showgrounds and for no other purpose whatsoever. The term of the lease commenced on the 12 December 2009 and expires on the 30 June 2025. Rent is $100.00 per annum payable at the commencement of the Lease and subject to CPI Index Reviews on the anniversary for each year of the term plus GST. Site Management At present an Administrative Committee created under the terms of the lease oversees the daily management of the site. The Administrative Committee is comprised of members of the Gympie District Show Society and the Gympie Turf Club. The Administrative Committee were actively involved in the Community Consultation stage of the TLMP.

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    Gympie Regional Council

    3. LEASE REGISTRATION Once the Management Plan is adopted it will be lodged with DERM to allow for the registration of the leases. 4. SUMMARY In summary it is recommended to Council that the Recreation, Racecourse and Showground Trust Land Management Plan be adopted to allow for the entire registration of the lease over Lot 72 on G14747. 5. AERIAL OVERVIEW PLAN

    Strategic Implications: Corporate Plan: Outcome 1.5

    Continue to provide a range of community facilities for the region.

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    Gympie Regional Council

    Operational Plan: 1.2 (iv) Property Management Budget: The TLMP was completed in parallel to the leasing

    process. The plan came at no cost to Council excluding in house resources and staff time.

    Budget: Strategic Planning (2720401) Legal/Statutory: Land Title Act 1994 and Land Act 1994 Policy

    PUX/901/209 Risks: If the plan is not adopted the risk is that DERM may not

    officially sign off on the lease agreement. Council must adopt the plan as presented or with

    amendments considered appropriate. Consultation Community Consultation for the TLMP included the sites Administrative Committee and Gympie Regional Council staff members from Community Services and Corporate Services.

    • Ric Halse • Spencer Slatter • Debbie Jenkins • Graham Engeman • Angela Dunkley • Linda Kempster • Kerry Rolfe • John Nancarrow • Heather Kelly

    Attachments in Councillors Information Booklet Recreation, Racecourse and Showground Trust Land Management Plan

    P07/03/10 Moved: Cr R.A. Gâté Seconded: Cr L.J. Friske

    Recommend that Council adopt the Trust Land Management Plan over Lot 72 on G14747, located at 77 Exhibition Road, Southside.

    Carried.

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    Gympie Regional Council

    1/3 Heritage Advisory Committee Recommendations from 9 February 2010

    Re: Minute: P08/03/10 & P09/03/10 Heritage Advisory Committee

    Recommendations to Council From: Heritage Advisory Committee File: 6/6/07/0001 Date: 9 February 2010 Reference: Nil Executive Summary: On the 9 February 2010 Council’s Heritage Advisory Committee resolved to recommend advice regarding heritage matters for Council’s consideration. Previous Council Considerations: Nil Report: (Strategic Planning Officer – R.N. Halse) “On the 9 February 2010 at Council’s Heritage Advisory Committee (HAC) meeting the Committee resolved to recommend the following to Council.” 1. Memorial Park and Bandstand Rotunda Conservation Management

    Plan Council recently received a copy of Ipswich City Council Queens Park Conservation Management Plan (CMP) to use as a reference guide to help Council establish such a plan for Memorial Park and Bandstand Rotunda. The requirement for a CMP came about with the listing of the park on the Queensland Heritage Register.

    After review of the Queens Park CMP by Council staff