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Agenda – Planning & Environment Committee 13/5/09 - #2036966

PLANNING & ENVIRONMENT COMMITTEE

13 MAY 2009

6 MATERIAL CHANGE OF USE (CODE ASSESSMENT) - MODIFICATIONS AND REPAIRS TO HERITAGE BUILDING – 39-49 LAKE STREET CAIRNS CITY – DIVISION 5 J L Giguere : 8/7/1546 : #2045235 PROPOSAL: MODIFICATIONS AND REPAIRS TO HERITAGE BUILDING APPLICANT: MYRIAD DESIGN PO BOX 155 FRESHWATER QLD 4870 LOCATION OF SITE: 39-49 LAKE STREET CAIRNS CITY

PROPERTY: LOT 1 ON RP715151 PLANNING DISTRICT: CBD NORTH CAIRNS PLANNING AREA: CITY CENTRE PLANNING SCHEME: CAIRNSPLAN 2005

REFERRAL AGENCIES: ENVIRONMENTAL PROTECTION AGENCY NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT DEADLINE: 01/06/09 APPLICATION DATE: 25/02/2009 DIVISION: 5 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. DEVELOPER CONTRIBUTION CALCULATIONS

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LOCALITY PLAN

RECOMMENDATION: That Council approve the development application for Modifications and Repairs to Heritage Building over land described as Lot 1 on RP: 715151, located at 39-49 Lake Street Cairns City, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Master Plan 30353/011B 3/06/09 Existing Egress Plan 968.01 23/12/08 Floor Plan existing 968.02 23/12/08 Floor Plan Proposed 968.03 23/12/08 Reflected Ceiling Plan 968.03 23/12/08 Floor Plan – Existing Stairs

968.06 23/12/08

Proposed Stair Section 968.08 23/12/08

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ASSESSMENT MANAGER CONDITIONS 1. The applicant/owner must at all times during development of the subject

land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

a. The plans, specifications, facts and circumstances as set out in the

application submitted to Council; b. To ensure that the development complies in all respects with the

following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual; and

Except where modified by these conditions of approval. Timing of Effect 2. The conditions of the Development Permit must be effected prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

Central Business District Car Parking 3. Pay a monetary contribution to Council in accordance with the Planning

Scheme Policy towards the provision of car parking infrastructure for the Cairns Central Business District.

The contributions must be paid at the rates applicable at the time of

payment. On the present method of calculation, the contributions are $26,983.27 (1 car parking space).

Payment is required prior issue of a Development Permit for Building Works. Fire Safety 4. Demonstrate how fire safety standards required by the Building Code of

Australia can be met for the second level uses. The report must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

Lawful Point of Discharge 5. All stormwater from the property must be directed to a lawful point of

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

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Structural Engineer Report 6. A structural engineering study for the replacement of the footings, post and

beams on Lake Street must be undertaken by an appropriately qualified professional with respect to the impacts of the development on the road and on the existing structure. The study must demonstrate the safety of the structure and remedial works to be undertaken. The study must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work with the necessary works being undertaken prior to Commencement of Use.

Damage to Infrastructure 7. In the event that any part of Council’s existing sewer/water infrastructure is

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

External Works 8. Undertake the following works external to the land at no cost to Council: a. Replace or repair any damage to existing kerb and channel, footway or

roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

All works in the road reserve need to be properly separated from pedestrians and vehicles, with any diversions adequately signed and guarded. Particular attention must be given to providing safe passage for people with disabilities i.e. the provision of temporary kerb ramps if pedestrian diversions are necessary.

The external works outlined above require approval from Council in accordance with Local Law 22 – (Activities on Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

EPA IPCH01428909 01/05/09 2043549

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Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act

1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

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

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

3. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

4. Headwork contribution calculations are attached as Appendix 3. Please note

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

5. For information relating to the Integrated Planning Act 1997 log on to

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

EXECUTIVE SUMMARY: Council is in receipt of an application for Material Change of Use for Shopping Facilities and Building Works, in the City Centre Planning Area at 39-49 Lake Street, Cairns City. The proposal is for the replacement of veranda posts on Lake Street and the infill of a passageway for retail purposes. The proposal triggers the provision of one car parking. However, due to the inability of the site to cater for this parking space, a monetary contribution is required in lieu of the car parking space. The proposed development generally demonstrates compliance with the strategic intent and relevant codes of CairnsPlan and is recommended for approval. TOWN PLANNING CONSIDERATIONS: Background The original use included a hotel, shops and offices. Those uses were maintained, despite some major interior alterations in 1975, until 1988 when the first floor was converted to into a shopping court with 17 ground floor shops and the first floor was converted to entertainment facilities.

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An Amusement Centre was approved in 2003 (8/8/528). Previous approvals for an Amusement Centre were issued but had lapsed. Those approvals consisted of a Consent Order issued by the Planning & Environment Court dated 18 October, 1996 with Council issuing an approval for an extension to the premises on 8 March 1997. A Tavern was also approved in 2008. This approval changed the use from restaurant to tavern in order to gain permission for extended opening hours. Proposal The proposal is to make repairs to the existing veranda posts. The posts are showing signs of structural failure and will be replaced. The new posts will replicate the existing one. It is also proposed to infill a passageway and to demolish stairs to create a new shop of 42 sqm. CairnsPlan Assessment

CairnsPlan CBD North Cairns Planning District

Code Applicability Compliance

Planning Area City Centre See discussion Land Use Shopping Facilities See discussion

Cultural Heritage See discussion Demolition Se discussion Potential or Actual Acid Sulphate Soil Material r N/A Flood Management See discussion Height and Impact of Buildings See discussion

Overlays

Operational Aspects of the Cairns International Airport r N/A

Infrastructure Works Code N/A Parking & Access Code See discussion Landscaping Code N/A General Development Near Major Transport Corridors & Facilities N/A

Compliance Issues Demolition/Cultural Heritage The demolition of the posts and footings is required to achieve structural soundness. A structural engineering report has been commissioned but was not ready at the time of the application. A copy of the report will be required prior to the demolition of the posts and footings The Applicant proposes to reconstruct the existing posts. This proposition is considered acceptable as according to the Burra Charter, a “reconstitution is appropriate where a place is incomplete through damage or alteration and where it is necessary for its survival, or where it recovers the cultural significance of the place as a whole.” The reconstruction of the posts will not detrimentally affect the significance of the building and is thus considered acceptable.

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The stairs are also proposed to be demolished to make room for the new shops. The stairs are of a steel construction and were added in 1988 during renovations. Consequently, the stairs are not considered to be culturally significant. The site is listed on the State Heritage register and the present proposal has been referred to the Environmental Protection Agency (Concurrence Agency). The EPA does not object to the proposal and has provided approval conditions. Flood Management The site is subject to flood inundation in a 1 in 100 year flood event. Considering that the building is existing, it would not be reasonable to request that the floor level be raised to the Q100 immunity level. Awning An awning is required by the Shopping Facilities Code and by the City Centre Code. However, there is a brick archway and balcony which will be used for the protection of pedestrians from the sun. Any modification to the façade would be considered detrimental to the significance of the heritage building. Parking There is a requirement for one on-site car parking. The on-site car parking rate for a shop is 1 space per 50 sqm. The additional net lettable area is 42 sqm. As such 1 additional car parking space is required. However, considering that the site is entirely built it would be impossible to provide 1 additional car parking. A monetary contribution in lieu is required. HEADWORKS / CONTRIBUTIONS: The proposed development triggers Developer’s Headwork’s Contributions. Refer to Appendix 3 to view calculations. J L Giguere Planning Officer Action Officer Simon Clarke Manager Development Assessment

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

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APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 3 DEVELOPER CONTRIBUTION CALCULATIONS

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