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PLANNING & ENVIRONMENT COMMITTEE

10 JUNE 2009

9 REQUEST TO CHANGE CONDITIONS OF APPROVAL – COMBINED APPLICATION – 703L LARSEN ROAD REDLYNCH – DIVISION 6 Neil Beck : 8/30/95 : #2062479 PROPOSAL: REQUEST TO CHANGE CONDITIONS OF

APPROVAL APPLICANT: JORED HOLDINGS PTY LTD (TTE) & C20 P/L C/- PLANNING FAR NORTH PO BOX 7801 CAIRNS QLD 4870 LOCATION OF SITE: 703L LARSEN ROAD REDLYNCH

PROPERTY: LOT 703 SP198010 PLANNING DISTRICT: REDLYNCH VALLEY PLANNING AREA: RESIDENTIAL 2 PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: NONE APPLICABLE NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 23 JUNE 2009 APPLICATION DATE: 12 MAY 2009 DIVISION: 6 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. FURTHER PLANS TO SUPPORT

REQUEST TO CHANGE CONDITIONS

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LOCALITY PLAN

RECOMMENDATION That Council approve the Request to Change Conditions of Approval for Material Change of Use component for a combined development application for Indoor Sport & Entertainment (Indoor Courts and Gymnasium), Restaurants & Tavern and Reconfiguring a Lot (1 lot into 3 Lots) over land described as Lot 703 on SP198010, located at Larsen Road Redlynch, subject to the following amendments: MATERIAL CHANGE OF USE APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Site

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Drawing or Document Reference Date

SITE PLAN DA03 – REVISION A FEBRUARY 2007 AND AS AMENDED ON 28 NOVEMBER 2008

FLOOR PLAN & ELEVATIONS (TAVERN & LIQUOR BARN)

SK.1.01 17 JULY 2007

SITE PLAN SK 1001 rEV D2 5 SEPTEMBER 2008 GROUND FLOOR PLAN SK 2001 REV D1 21 OCTOBER 2008 FUTSAL COURTS SK 1001 REV D2 TRIM DECK ROOF SK 2002 REV D1 21 OCTOBER 2008 ARAMAX ROOF SK 2003 REV D1 21 OCTOBER 2008 MEMBRANE SAILS SK 2006 REV D1 21 OCTOBER 2008 ROOF PLAN SK 2005 REV D1 21 OCTOBER 2008 LOCATION PLAN (RESTAURANT) 08-RL-DA1 23 MAY 2008 SITE PLAN (RESTAURANT) 08-RL-DA2 23 MAY 2008 FLOOR PLAN (RESTAURANT) 08-RL-DA3 23 MAY 2008 ELEVATIONS (RESTAURANT) 08-RL-DA4 23 MAY 2008 ELEVATIONS (RESTAURANT) 08-RL-DA5 23 MAY 2008 ASSESSMENT MANAGER CONDITIONS 1. Condition 3a be amended to read as follows

Amendment to Design

3. The development must be amended to accommodate the following changes:

a. Provide a 6 4 metre setback for all buildings and structures (i.e.

sails) adjacent Redlynch Connector Road; Provide a 4 metre setback for all buildings adjacent Redlynch

Connector Road. The sail and sail structure can encroach within the 4 metre setback.

2. Condition 24a be amended to read as follows:- Landscaping Plan 24. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show:

a. Deep planting of setback areas with particular reference to the 6 4 metre setback from Redlynch Connector Road. In accordance with Condition 3a, sails are not to encroach within the 4 metre wide landscape strip;

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3. Condition 28b be amended to read as follows:- Street Fencing 28. Prior to the issue of a Development Permit for Building Work, a plan

detailing the fencing to be erected for the entire site must be provided. The Fencing Plan may be incorporated into the Landscaping Plan. The plan must demonstrate the following principles:

a. Solid screen fencing is only permitted to screen servicing areas

within the development;

b. Fencing is required to allow pedestrian access to the existing footpath on Redlynch Connector Road as detailed on Landscape Plan No.LP02 dated April 2009. prevent pedestrian access to the site from Redlynch Connector Road. Such fencing is to be pool style fencing or similar that will permit a high degree of casual surveillance into and out of the site;

4. All other conditions as detailed on the Negotiated Decision Notice dated 12

February 2009 remain unchanged. BACKGROUND Council at the Planning & Environment Committee Meeting issued a Negotiated Decision in respect of an application for a Material Change of Use – Indoor Sport & Entertainment (Indoor Courts & Gymnasium), Tavern (Including Liquor Barn) & Restaurant. Approval was also issued to reconfigure the site into three allotments and associated access easements. The site is located on the corner of Redlynch Connector Road and Larsen Road, Redlynch and has a total site area of 2.14 hectares. The applicant has sought to amend several conditions which relate to the setback of the Futsal Court structure from Redlynch Connector Road and to allow for pedestrian access into the Futsal Courts from the existing footpath along the Redlynch Connector Road. Previously approved plans are attached at Appendix 1. Additional plans supporting the request are attached at Appendix 2. The proposed amendments are supported and approval of the request is recommended.

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TOWN PLANNING CONSIDERATIONS Discussion Condition 3a & 24a reads as follows:- Amendment to Design 3. The development must be amended to accommodate the following changes: a. Provide a 6 4 metre setback for all buildings and structures (i.e sails)

adjacent Redlynch Connector Road; Landscaping Plan 24. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show: a. Deep planting of setback areas with particular reference to the 6 4 metre

setback from Redlynch Connector Road. In accordance with Condition 3a, sails are not to encroach within the 4 metre wide landscape strip;

Applicant’s Comment The applicant has requested that the condition be amended to allow the sails to encroach within the 4 metre setback. The sails will curve resulting in a scalloping affect along the frontage of the road. The applicant is of the view that the full 4 metre setback can be planted out with taller species of trees being located at the midpoint of the posts which supports the sails. In order to achieve this Condition 3a and 24a require amending. Officer Comment The condition was placed on the approval to achieve adequate softening / screening of the development when viewed from Redlynch Connector Road having regard to the scale of the development. It was also considered that given the unconstrained nature of the site, the applicant wouldn’t have too many difficulties in achieving a 4 metre setback clear of any buildings or structures in which deep landscaping can be installed. However, this doesn’t appear to be the case. The applicant has previously advised that due to the dimension requirements of the courts and the area requirements of amenity rooms / facilities, they are unable to provide a greater setback than that proposed. In light of the above and having regard to the applicants comments, its considered that the intent of the condition will still be achieved despite the minor encroachments of the sails into the setback area. Both conditions have been amended to allow for the encroachment.

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Condition 28b reads as follows:- Street Fencing 28. Prior to the issue of a Development Permit for Building Work, a plan detailing the

fencing to be erected for the entire site must be provided. The Fencing Plan may be incorporated into the Landscaping Plan. The plan must demonstrate the following principles:

a. Solid screen fencing is only permitted to screen servicing areas within the

development;

b. Fencing is required to prevent pedestrian access to the site from Redlynch Connector Road. Such fencing is to be pool style fencing or similar that will permit a high degree of casual surveillance into and out of the site;

Applicant’s Comment The applicant has requested that the condition be amended to allow for a single pedestrian entry / exit in to the Futsal Courts from the existing footpath along the Redlynch Connector Road. A copy of the landscape plan illustrating the proposed access point is located at Appendix 2. The applicant is of the view that the use of the footpath is a critical element for pedestrian access to and from the site at it provides the safest passage of persons who walk and cycle to the site and for pedestrian / cycle movements to other commercial destinations in the area. Through allowing pedestrian / cycle access in this location:- - It establishes the most desirable crossing of Larsen Road at the traffic lights which

are equipped with pedestrian traffic lanterns; - It provides from a CPTED perspective the most highly visible & well lit passage for

people of concern; - It is the most direct passage from the site heading south & discourages pedestrian

/ cycle movements conflicting with vehicles and liquor licensed areas within the site.

Officer Comment Pedestrian and cycle access to and from the site via the existing footpath adjacent the Redlynch Connector Road was always supported by planning officers for the reasons identified above. Utilising the existing footpath creates greater permeability of the site for pedestrians and will greatly assist reducing conflict of pedestrians and cyclists with vehicles internally.

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With regard to vehicle access, the site is highly accessible via Redlynch Connector Road and Larsen Road, so the likelihood of people using the Redlynch Connector Road as a drop off point for users of the Futsal Courts is considered remote and unlikely. The condition has been amended to allow for the access as proposed. Neil Beck Team Leader Simon Clarke Manager Development Assessment

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APPENDIX 1 – APPROVED PLANS

Additional Landscaped Areas

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FUTSAL COURTS

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Tavern & Liquor Barn

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Restaurant – South Eastern Corner of Site

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APPENDIX 2 – FURTHER SUPPORTING PLANS FOR THE REQUEST TO AMEND CONDITIONS

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Location of Pedestrian Access