ORDINARY MEETING 28 AUGUST 2008 - Cairns Regional Council

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Agenda – Ordinary Meeting 28/8/08 - #1783269

ORDINARY MEETING

28 AUGUST 2008

3 CHANGE TO EXISTING APPROVAL FOR RECONFIGURING A LOT – (3 LOTS INTO 493 LOTS) – MORESBY STREET, REED ROAD TRINITY BEACH – DIVISION 9 P Cohen : 8/13/1145-06: #1754015 PROPOSAL: CHANGE TO EXISTING APPROVAL –

RECONFIGURING A LOT (3 LOTS INTO 493 LOTS)

APPLICANT: MULTIPLEX DEVELOPMENTS (QLD) PTY LTD C/- FLANAGAN CONSULTING GROUP PO BOX 7847 BRISBANE QLD 4001 LOCATION: MORESBY STREET TRINITY BEACH 4879 PROPERTY: LOT 22 ON SP105742 PLANNING DISTRICT: CAIRNS BEACHES PLANNING AREA: RESIDENTIAL 2 PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: DEPARTMENT OF NATURAL RESOURCES & WATER

DEPARTMENT OF MAIN ROADS ENVIRONMENTAL PROTECTION AGENCY QUEENSLAND TRANSPORT NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: EXPIRED DIVISION: 9 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. SUPPORTING INFORMATION TO PLANNING REPORT 3. AMENDMENTS TO GARDEN LOTS

DESIGN GUIDELINES

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LOCALITY PLAN

RECOMMENDATION: A. That the General Manager Planning & Environment under Instrument of

Delegation approves the change to an existing approval, subject to the following:

1. That Condition 3(a.) be amended to read as follows: 3. The proposed development must be amended to accommodate the

following changes: a. All “Garden court lots,” not located directly adjacent to open

space areas, being proposed lots 700-709, 742-753, 776-785, 786-797, 876-883, 895-902, 1113-1119 and 1041-1048 must be amended to have a conventional lot design which does not rely on shared access and common areas in the proposed ‘four-pack’ arrangement. Each new lot must have a minimum area of 450m2, 15 metre road frontage and accommodate a 15 metre x 10 metre rectangle. All other “Garden court lots,” being proposed lots 700-709, 742-753, 776-785, 786-797, 895-902 and 1113-1119, must be amended such that their design will accommodate dwellings that accord with the “Garden Lots Design Guidelines.”

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2. That a new Condition be included that reads as follows:

37. For each “Garden Lot” (being lots 700-709, 742-753, 776-785, 786-

797, 895-902 and 1113-1119), a building envelope and building design, strictly complying with the principles identified in the “Garden Lots Design Guidelines” must be submitted to, and endorsed by the Chief Executive Officer, prior to the issue of a Development Permit for Building Work. All future building work on the Garden Lots must be located within the endorsed Building Envelope and in accordance with the Garden Lots Design Guidelines unless otherwise approved in writing by the Chief Executive Officer.

3. That all other conditions and advice notes of the Negotiated Decision

dated 19 November 2007 remain unchanged. B. That the amendments contained as Appendix 3 be generally incorporated

into the Garden Court Lot Design Guidelines, to the satisfaction of the Chief Executive Officer.

C. That a unique rates notation be placed on lots 700-709, 742-753, 776-785,

786-797, 895-902 and 1113-1119 that states the following:

For this lot, a building envelope and a building design must be submitted to, and endorsed by the Chief Executive Officer, prior to the issue of a Development Permit for Building Work, that demonstrates how the dwelling and ancillary structures strictly comply with the principles identified in the “Garden Lots Design Guidelines”. All future building work on this must be located within the endorsed Building Envelope and in accordance with the Garden Lots Design Guidelines unless otherwise approved in writing by the Chief Executive Officer.

EXECUTIVE SUMMARY: Council is in receipt of a request to change an existing approval for 493 lots being for the development of the remainder of the Bluewater Views Estate. As part of the initial approval, a number of inappropriate housing lots were proposed. The developer has produced an alternative lot design along with a number of guidelines to provide a more appropriate built form, while also capitalising on the permitted development under the Earl Hill North Special Facilities approval. It is considered that the Garden Lot Design Guideline provides an appropriate mechanism for the development of an alternative housing stock in the Bluewater Views Estate, where they are located adjacent to the Moores Gully open space and drainage corridor. The request is recommended for approval subject to changes and additions to the conditions of approval (which have received initial acceptance from the developer) along with a number of amendments to the Garden Lot Design Guidelines clarifying appropriate wording changes and inclusions to set a clearer direction and context for the Cairns Region.

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PLANNING CONSIDERATIONS: Background Council approved an application for the reconfiguration of land to create 493 lots, which constitutes the balance of the stages contained in the Bluewater Views Estate. As part of the reconfiguration a number of small battleaxe lots (of lot sizes less than 400m2) were proposed in a four pack arrangement reliant upon common driveways, providing little private recreation and open areas and would have resulted in a relatively bulky built form. As a result, the conditions of the approval required an amendment to the design layout to provide more conventional lot designs. The applicant has progressed with an amended layout based on Council Officers considerations to formulate a different way of providing an alternative housing type and choice. Proposal This application is a request to Change the existing approval in respect to identifying those lots which are not appropriate for an alternative house type, those which are, and how those lots should be developed. Garden Lot Design Guidelines Previously Council agreed that in respect to the garden court lots, the four-pack arrangements failed to meet Performance Criteria of the Residential 2 Planning Area Code and the Reconfiguring a Lot Code (refer to the report considered at the Council Ordinary Meeting of 30 August 2007). The applicant has abandoned the 4-pack arrangements previously proposed and has opted more for a traditional long, thin block which has an aspect to the park and also to the road, interacting with the public domain on both sides of the lots and maintaining a high level of amenity for the neighbourhoods in which they will be situated. The proposed Garden Lot Design Guideline (see Appendix 2) aims to define those aspects of the development which would be appropriate to providing a more compact built form while achieving a high amenity for future residents. This Guideline has a number of components which need clarification (which are outlined in Appendix 3) and amendments are needed prior to finalising the document. However, the general principles included in the document offer satisfactory reasoning for accepting an amended lot layout based on development of these Garden Lots occurring in accordance with the Guideline. It is considered that the development of these lots in accordance with the design guidelines offers an appropriate built form which generally complies with the Performance Criteria and Acceptable Measures of the Residential 2 Planning Area Code and the Reconfiguring a Lot Code. In particular, the following discussions identify how compliance is now generally achieved.

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Residential 2 Planning Area Code Part B – Built Form P1 Buildings must be setback to: a) maintain the character of residential neighbourhoods; and b) achieve separation from neighbouring buildings and from road frontages. P2 The site coverage of all buildings must not result in a built form that is bulky or

visually obtrusive. The proposed garden lot buildings will be created in a new residential neighbourhood. While they will not display the characteristics of other traditional style housing in the Residential 2 Planning Area, in the context of their location adjacent to the major open space areas and their separation from the other dwellings in their street, these buildings will be sufficiently separated (as a group) so as not to impact on the amenity of the other dwellings. It is considered that future residents who reside on the lots would be accepting of first storey built-to boundary provisions. Given the limited setbacks between the Garden Lot buildings, the buildings are likely to be tall and thin, with vertical and horizontal breaks allowing permeability through the lots to the parkland behind. In effect, a site coverage of 55% will be relatively unobtrusive. Part B – Character and Community Design P3 Buildings and ancillary structures are: a) responsive to the tropical climate by taking into account prevailing breezes

and solar orientation; and b) designed to minimise energy consumption The amended Garden Lots and the Design Guidelines respond to local climatic conditions through the use of appropriate features such as a mandatory outdoor living areas and ensuring that appropriate species of plants suitable to enclosed areas. Further refinement is needed to ensure that at least one boundary is clear for the length of the building. Notwithstanding this, with respect to the location of the lots adjacent to the major open space corridors as well as their separation from other lots allows for prevailing breezes and airflow around the buildings with a high potential for internal design to capture these natural features. The Guideline is to reference, particularly through visualisation of the product, the Cairns Style Guides as a principle for tropical living. Purpose of the Code Among others, the purpose of the Code is to achieve the following desired development outcomes:

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More innovative housing solutions are facilitated;

The scale and density of development contributes to a high standard of residential amenity; In respect to the above, the proposed amended Garden Lots achieve a balance of built form and development character that is reflective of the outcomes sought for the Residential 2 Planning Area. Reconfiguring a Lot Code Part B – Area and Dimension of Lots P1. Lots are of sufficient area and dimensions to accommodate the intended land

use. A1.1 Lots comply with the area and dimensions identified for lots in the respective

Planning Areas in Table 1; and A1.2 Lots have their own road frontage and where such access is provided by

easements then no more than 3 lots are to utilise such access. In respect to the amended lot layouts and Design Guidelines, it is considered that a more appropriate built form is achieved, sufficiently providing area and dimensions of the lots to accommodate the alternative housing stock. Earl Hill North Special Facilities The Earl Hill North Special Facilities approval permits higher densities throughout the developable land to which these lots apply. Previously, the developer used this as a means to try and force an outcome which was considered to be inappropriate. Hence Council resisted to accept the previous layout. Council is now presented with a proposal that offers a development option that will achieve a greater balance between CairnsPlan and the Earl Hill North Special Facilities, which allows medium density development “as-of-right”. Rather than leaving any chance of random development of a medium density style occurring from the on-selling of “super-lots,” it is considered that the approach of permitting a more compact development subject to a suite of design controls is a more appropriate method of mitigating inappropriate development. Amended Conditions In light of the above discussions it is considered that Council should support the amended Garden Lots, to be developed in accordance with the Garden Lot Design Guidelines, as they are considered to be an appropriate medium for this development. To allow the development, the following changes and additions are recommended for the approval: That Condition 3 be amended to read as follows: 3. The proposed development must be amended to accommodate the following

changes:

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a. All “Garden court lots,” not located directly adjacent to open space areas,

being proposed lots 700-709, 742-753, 776-785, 786-797, 876-883, 895-902, 1113-1119 and 1041-1048 must be amended to have a conventional lot design which does not rely on shared access and common areas in the proposed ‘four-pack’ arrangement. Each new lot must have a minimum area of 450m2, 15 metre road frontage and accommodate a 15 metre x 10 metre rectangle. All other “Garden court lots,” being proposed lots 700-709, 742-753, 776-785, 786-797, 895-902 and 1113-1119, must be amended such that their design will accommodate dwellings that accord with the “Garden Lots Design Guidelines.”

That a new condition (Condition 37) be added to the approval: Garden Lots 37. For each “Garden Lot” (being lots 700-709, 742-753, 776-785, 786-797, 895-902

and 1113-1119), a building envelope and building design, strictly complying with the principles identified in the “Garden Lots Design Guidelines” must be submitted to, and endorsed by the Chief Executive Officer, prior to the issue of a Development Permit for Building Work. All future building work on the Garden Lots must be located within the endorsed Building Envelope and in accordance with the Garden Lots Design Guidelines unless otherwise approved in writing by the Chief Executive Officer.

That a unique rates notation be placed on the Garden Lots (being lots 700-709, 742-753, 776-785, 786-797, 895-902 and 1113-1119) that states the following: For this lot, a building envelope and a building design must be submitted to, and endorsed by the Chief Executive Officer, prior to the issue of a Development Permit for Building Work, that demonstrates how the dwelling and ancillary structures strictly comply with the principles identified in the “Garden Lots Design Guidelines”. All future building work on this must be located within the endorsed Building Envelope and in accordance with the Garden Lots Design Guidelines unless otherwise approved in writing by the Chief Executive Officer. This can ensure that an appropriate built form can be achieved. HEADWORKS / CONTRIBUTIONS: No change is to occur from changes to the approval. Paul Cohen Senior Strategic Planner Action Officer Simon Clarke Manager Development Assessment

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

To be amended to be conventional lots

To be amended to accommodate alternative dwelling design

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APPENDIX 2 SUPPORTING INFORMATION TO PLANNING REPORT

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APPENDIX 3 AMENDMENTS TO GARDEN LOTS DESIGN GUIDELINES Section 1.0 Canopy Visions – Garden Lots This guide shall need to act on its own. Please remove or clarify references to "Bluewater Canopy Design Guidelines." Section 2.0 Overview As per Section 1.0 comments. Section 3.0 Design Objectives 3.1 Urban form • A reference should be included in articulation and streetscape provisions with

respect to the overall goal being to limit the number of garages fronting the street to resist a garage dominated streetscape.

• The images showing the design of roof elements and forms are to reflect tropical

living, not particularly "blocky" facades etc. • It is prudent to include reference that in the broad design concerns, "tropical living"

or other references to Council's Cairns Style design guide. Specifically, the following needs to be included: • Each house is provided with a minimum of one on-site car parking space; • Cross-over widths are a maximum of 3.0 metres width; • Garaging is recessed at least 1 metre beneath the upper storey to allow for

overshadowing of the garage; • All houses must have windows and/or balconies on the facade facing the

street; • Whilst front fences are not required, the maximum height of fences on any

road frontage is not to exceed:

• 1.5m if at least 50% transparent; • 1.2m if solid or less than 50% transparent. • 3.2 Site planning

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• An appropriate built to boundary envelope should be shown. There should

be only 1 boundary that has a built to boundary provision such that we can ensure that in all cases, an open element on every site is given for permeability. You must specify that an owner of one lot cannot attach anything to the other's boundary wall without written permission from the land owner.

3.3 Setbacks • It is considered that 10% deep planting is not necessary at rear of the premises as

a delineating feature, but features such as a pool-style fence identify the private and public domains.

• It may be prudent to design footpaths well away from the rear of these premises. • Allow provision for only 1 built to boundary wall. • Pergolas, arbors and open landscape features should only have a maximum

length of 10% of the boundary length, thus ensuring these areas do not become artificial outdoor areas which are included in site calculation.

• General setbacks should be a maximum of 4m from rear boundary. This will

ensure that the rear of the premises remains an "open" and landscaped feature and thus the open space to the rear of the property will not be dominated by a 2 storey building.

• Courtyards are to be prevented given the climatic conditions of Cairns (i.e. trapped

heat and stormwater captured will be an issue for tropical design). 3.4 Landscape • A minimum of 1 endemic species of tree should be planted in the 5% deep

planting at the front of the building. • 1 or 2 other endemic species of shrubs in the 5% landscaped area is encouraged.

This should encourage a really well planted streetscape to complement the open space around the garden court lots.

3.5 Ancillary structures • Statement that retaining walls are to be limited in use and height. Specific additions: • Fencing facing the park must be pool style fencing; • Fencing of side boundaries must not exceed 1.8m unless otherwise

approved by Council.

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3.6 Sustainability No concern or comments are raised. Section 4.0 Architectural Design • This guide shall need to act on its own. Please remove or clarify references to

"Bluewater Canopy Design Guidelines." • The facade and architectural elements of individual dwellings and attached villas

draw from elements of tropical living and vernacular architectural features shown in Council's Cairns Style Guide.

• It is agreed that villa style lots ought to occur at the ends of these garden court lots

where the common wall form is offset by a strong open area around the building. • The drawings should show windows and balconies facing the street. • Please clarify that the villas follow the same guidelines for detached dwellings. Specific additions: • Two storey attached villas are not to have common walls above the first

storey (i.e. the common boundary of a built to boundary wall only extends as high as the first storey);

Section 5.0 Architectural Review Committee Clarity is to be given as to whether the ARC sends the design to Council for endorsement, or whether the owners send the design to Council. It is understood that you will be selling the houses "off the plan" and may be building them for the time being. An assurance is to be given in the document to the process for purchasers and Council Officers. Section 6.0 Additional Information • A maximum of 55% still applies regardless of the minimum 160m2 building area. • We would prefer that there is no specified minimum built area. • You cannot prohibit further subdivision of the land as it is contrary to the Integrated

Planning Act 1997.

ORDINARY MEETING 28 AUGUST 2008 - Cairns Regional Council

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