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Agenda – Planning & Environment Committee 11/11/09 - #2330569

PLANNING & ENVIRONMENT COMMITTEE

11 NOVEMBER 2009

23 RESPONSE TO DEPUTATION REGARDING PROVISION OF FOOTPATHS THROUGH SANCTUARY AT KEWARRA, BEING MONTEREY & CORONADO STREETS, PETRIES CLOSE & COTTESLOE DRIVE, KEWARRA BEACH – DIVISION 10 Gary Warner: 8/13/ 398 & 8/13/919 : #2179684 PROPOSAL: RESPONSE TO DEPUTATIONS REGARDING PROVISION OF FOOTPATHS THROUGH SANCTUARY AT KEWARRA APPLICANT: RICHARDSON PLANT HIRE PTY LTD C/- BRAZIER MOTTI PTY LTD PO BOX 1185 CAIRNS QLD 4870 LOCATION: COTTESLOE DRIVE, MONTEREY STREET, CORONADO CLOSE AND PETRIE CLOSE, KEWARRA BEACH PROPERTY: ROADS ON PLANS SP178700, SP201231, SP207575, SP207576 PARISH OF SMITHFIELD PLANINNG AREA RESIDENTIAL 2 REFERRAL AGENCIES: N/A NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: N/A DIVISION: 10 APPENDIX: 1. LAYOUT PLANS 2. SUPPLEMENTARY INFORMATION

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LOCALITY PLAN

RECOMMENDATION: A. That Council advise applicant/developer of Sanctuary at Kewarra that a

monetary contribution in lieu of the 2 metre wide footpath through the estate under development approvals 8/13/398 and 8/13/919 be made to facilitate the construction of an equivalent length of footpath along Cottesloe Drive (nominally 590 metres).

EXECUTIVE SUMMARY: Council at its meeting held on 29 July 2009 received a deputation and associated petition from the residents of the residential estate known as “Sanctuary at Kewarra”. The thrust of the deputation was to request that Council remove the need for the construction of a 2 metre wide footpath through the estate. Planning, Subdivision and Operational Works approvals for the estate had required the construction of the footpath through the verge area of the development. The developer has a bond with Council to defer the construction of the path until the dwellings had been constructed and the final location of vehicle cross-overs had been determined in an effort to reduce damage to the footpath during the construction of the dwellings.

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Following consideration of the facts and circumstances of the proposed works, the submissions from the petitioners and representations from the applicant /contractor officers have determined that in these particular circumstances the requirement to construct the path through the estate can be waived and replaced with the construction of the equivalent length of path through the adjoining higher order road being Cottesloe Drive which contains a section that does not have a pathway constructed. The above recommendation is worded accordingly. Background The development applications lodged for this estate provided for an estate of 91 lots that was developed in 4 stages over streets now known as Monterey and Coronado Streets and Petries and Yamba Closes. Parts of the Stage 1 of the development facilitated the extension of Cottesloe Drive to its present location. The development straddles part of Deep Creek and an un-named tributary of Deep Creek. Preliminary Approvals, Development Approvals and Operational Approvals required the provision of a 2m wide footpath through the estate given the number of lots being serviced by the internal roads in the development. The developer obtained approval from Council officers to delay the provision of the footpaths until the location of all cross-overs was known. This approach was considered appropriate as it had the potential to prevent the footpath having to be cut in at least 45 locations thus providing a more presentable final footpath. Unfortunately this outcome had not been to prospective purchasers of sites within the estate. Upon leaning of the potential for the footpath to be placed through the estate the residents organised a petition and subsequent deputation to Council. The petition and deputation noted the following key points: - The residents are concerned about safety. - Some set backs have been amended and this would force cars to park across the

footpath causing safety issues. - There would be black spots where residents could not see clearly when reversing out of driveways as estate is not flat. - Owners would not be responsible for any damage that was caused to their driveways when pathway is being installed or by bike users. - They were not advised by the developer of the proposed footpath/bike path. - Requesting Council to rescind the order to build the footpath/bike path. The estate has been constructed with a 14 m wide road reserve. This reserve width is an improvement on the 11.5m wide reserves created in other parts of Kewarra Beach and represented a firming up of the interpretation of the FNQROC Engineering Standards with respect to road widths. On examination the first two stages of the subject proposal should have been provided with a 15m wide road reserve and such width would have facilitated the provision of the footpath.

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Some of the petitioners concerns reflect concerns that Planning Officers held when processing the original applications i.e. The lot sizes were not reflecting site constraints; gullies, easements, vegetation etc. As a consequence a number of dwellings within the estate have required siting dispensations to allow the desired size of dwelling to be accommodated within the site. The siting dispensations have allowed garages to be located closer to the front boundary than normal thus reducing the availability of on site visitor parking. The siting dispensation process does not need to take into account consequential on street parking or safety issues. It is noted that the roads through the estate provide a pedestrian link between Cottesloe Drive and the adjoining Captain Cook Highway Council has received advice from the developer advising that they are willing to make a monetary contribution to facilitate the construction of the pathway on Cottesloe Drive in lieu of constructing the path through the estate. Options Council officers have considered the representations of the petitioners and of the applicant/developer with respect to the provision of the subject paths through the estate. These are: a. Insist on the paths being constructed. b. Have the applicants provide a cash equivalent contribution for the footpaths. c. Have the applicants provide a contribution for an equivalent length of path in a

nearby higher order road. After due consideration of all issues relating to this matter including: i. The requirements of the original approvals, ii. The requirements of the FNQROC Development Manual, iii. The site/locality constraints, iv. The petitioners concerns, v. The developer’s representations; Officers have concluded that the most appropriate solution in this case is to have the developer provide a monetary contribution to facilitate the construction of an equivalent length of footpath placed on the adjoining higher order road.

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Cottesloe Drive is an existing Intersuburban link road that will carry much larger traffic and pedestrian loads than the roads within the subject estate. The length of footpath required to be placed through the subject estate is 575 metres. An equivalent length of path on the western side of Cottesloe Drive will enable a footpath to be extended through to the vicinity of Yanchep Close. Gary Warner Planning Officer Action Officer Simon Clarke Manager Development Assessment

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APPENDIX 1 Approved Plan – DA 8/13/398 (Stage 1)

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Approved Plan – DA 8/13/919 (Stages 2 - 4)

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Appendix 2 - Supplementary Information Aerial photograph of locality

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Street Photographs

View from south-west end of Monterey Street

View from north-east end of Monterey Street

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Footpath constructed on Cottesloe Drive

South –west end of Petries Close – Footpath link through to Highway

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Photographs & Comments Submitted by residents (Note paths shown do not yet exist – shown with computer enhancement)

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