336

ORDINARY MEETING 30 25 JANUARY 2012

MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – VETERINARY FACILITIES – 15-45 BEOR STREET, – DIVISION 10

Claire Garner : 8/8/1208 : #3358447

PROPOSAL: VETERINARY FACILITIES

APPLICANT: HOMELESS ANIMAL SOCIETY AND BOARDING KENNELS T/AS PAWS & CLAWS C/- GILVEAR PLANNING PTY LTD PO BOX 228, QLD 4861

LOCATION OF SITE: 15-45 BEOR STREET, CRAIGLIE

PROPERTY: LOT 100 ON SP204464

LOCALITY: PORT DOUGLAS AND ENVIRONS

PLANNING AREA: RURAL

PLANNING SCHEME: DOUGLAS SHIRE PLANNING SCHEME 2008

REFERRAL AGENCIES: DEPARTMENT OF TRANSPORT & MAIN ROADS (CONCURRENCE)

NUMBER OF SUBMITTERS: ONE (1)

STATUTORY ASSESSMENT DEADLINE: 13 FEBRUARY 2012

APPLICATION DATE: 11 OCTOBER 2011

DIVISION: 1

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

2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

3. INFRASTRUCTURE CHARGES NOTICE

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 337

LOCALITY PLAN

RECOMMENDATION:

That Council approves the development application for Veterinary Facilities over land described as Lot 100 on SP204464, located at 15-45 Beor Street, Craiglie, 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 Site Plan RECS Consulting Engineers & 23 September 2008 Building Designers, Project 53- 2006, drawing WD01 Issue E

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 338

ASSESSMENT MANAGER CONDITIONS

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:

a. The specifications, facts and circumstances as set out in the application submitted to Council; and

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

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.

Location of Veterinary Facilities

3. The Veterinary Facilities use is only approved to operate from ‘Building 2’ as indicated on the approved RECS drawing WD01 Issue E.

Water Supply and Sewerage Works External

4. Undertake the following water supply and sewerage works external to the site to connect the site to existing water supply and sewerage infrastructure:-

a. Augment existing water supply infrastructure to the extent necessary such that the development does not adversely affect the water supply to adjacent properties and such that a water service connection can be provided at the lot frontage;

b. Augment existing sewers and pump station downstream of the site, to the extent required to accommodate the increased flows generated by the development.

The external works outlined above constitute Operational Works. 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.

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 339

Water Supply and Sewerage Works Internal

5. Undertake the following water supply and sewerage works internal to the subject land:-

a. The development in conjunction with the approved Intensive Animal Husbandry use must be serviced by a single internal water and sewerage connection made clear of any buildings or structures.

The above works must be designed and constructed in accordance with the FNQROC Development Manual.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use.

Refuse Storage

6. Refuse storage is required to service the site in accordance with Council requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

Liquid Waste Disposal

7. Trade waste discharge to sewer must meet the requirements of Water and Waste’s Trade Waste Environmental Management Plan (TWEMP). Detailed Hydraulic Plans must be provided accompanied by a report which demonstrates that the facility complies with the TWEMP and must be approved by Council prior to the issue of a Development Permit for Building Work. All measures for pre-treatment in accordance with the approved plans must be installed prior to Commencement of Use.

Advertising Signage

8. All signage associated with the use must be approved by the Chief Executive Officer. The signage must comply with the Design and Siting of Advertising Devices Code contained within the Douglas Shire Planning Scheme and plans detailing the signage must be endorsed by the Chief Executive Officer prior to the erection of signage.

Air-Conditioning Screens

9. Air-conditioning units located above ground level and visible from external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 340

CONCURRENCE AGENCY CONDITIONS AND REQUIREMENTS

Concurrency Concurrence Agency Date Council Agency Reference Electronic Reference Department of 214I20N102 (282908) 11 November 2011 #3390132 Environment & Resource Management

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

LAND USE DEFINITIONS

In accordance with Planning Scheme for the , the approved land use of Veterinary Facilities is defined as:

Means the use of premises for the veterinary care, surgery and treatment of animals which can involve the accommodation of those animals on the premises overnight.

ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of section 339of the Sustainable Planning Act 2009 and 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. A monetary contribution to Council towards the provision of infrastructure is required in accordance with the Adopted Infrastructure Charges Notice attached to this decision. The contribution payable will be the lesser amount as calculated in accordance with:-

a. The Regulated Charge for non-residential development as detailed in the State Planning Regulatory Provision;

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 341

Or,

b. The Planning Scheme Policy.

Contributions must be paid at the rates applicable at time of payment. Payment is required prior to issue of a Development Permit for Building Work.

Please note that this development is subject to Council's Resolution of 12 May 2010 in regard to a 'NIL' Transport Supply Demand, and therefore, for the purpose of calculating the charge under the Planning Scheme Policy, the traffic charges shall be set at Nil until the 30 June 2012 unless specifically extended by Council prior to this date. As a consequence, should the development commence by 30 June 2012, the Planning Scheme Policy may provide the lesser amount.

5. For information relating to the Sustainable Planning Act 2009 log on to www.dlgp.qld.gov.au. To access FNQROC 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 Veterinary Facilities within a building forming part of an approved Intensive Animal Husbandry use at 15-45 Beor Street, Craiglie. The site is properly described as Lot 100 on SP204464, specifically a 4000m2 parcel to be described as Proposed Lot 37.

The site is located in the Rural Planning Area within the Port Douglas & Environs Planning Locality and is contained within Special Management Area 3 – Service Industry Precinct – Craiglie. The proposed use is stated in the Tables of Assessment as being an Impact Assessable (Inconsistent) use but in this instance, consideration must be given to the fact that an Intensive Animal Husbandry use is already approved on the site and the proposed Veterinary Facilities would be ancillary to this use.

The application was publically notified in accordance with the provisions of the Sustainable Planning Act and one (1) submission was received. The proposal is consistent with relevant Douglas Shire Planning Scheme Codes and approval is subject to conditions is recommended.

TOWN PLANNING CONSIDERATIONS:

Background

Under the Douglas Shire Planning Scheme, 2006 and 2008 the site is within the Rural Planning Area and contained within Special Management Area 3 – Service Industry Precinct – Craiglie.

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 342

Council, at its meeting on 15 May 2007 granted a Development Permit CA69 (8/30/126) for four years for:

1. Reconfiguring a Lot into19 Lots; 2. Preliminary Approval for a Material Change of Use to encompass eighteen (18) of the proposed nineteen (19) lots to permit uses consistent with a Service Industry; 3. Development Permit for a Material Change of Use on Proposed Lot 37 (4000m2) for the purpose of Intensive Animal Husbandry (kennel/cattery) and Caretaker’s Residence.

The development approved under item 3 consists of:

● Fifty (50) kennels in a building with an area of 420m2; ● An exercise yard with an area of 1,185m2; ● Two (2) exercise pens; ● Administration buildings Stage 1 with an area of 170m2 and Stage 2 200m2; ● Caretaker’s Residence with an area of 100m2 and a car parking space; ● Fifteen (15) car parking spaces to be located at the front of the proposal on the eastern side of the site; and ● Vehicular access to the site from Beor Street.

On 25 August 2010 Council issued a Development Permit for Operational Works to facilitate the creation of 19 lots.

On 13 January 2011 Council approved a request to change a condition of approval for CA69 relating to the relevant period. The approval now expires 15 May 2015.

The site is generally flat, cleared and currently vacant.

Proposal

The proposal is for a Material Change of Use for a Veterinary Facility to be contained within ‘Building 2’ of the approved Intensive Animal Husbandry use on Proposed Lot 37. The approved building was originally intended to be used for administrative purposes associated with the kennel/cattery use and has an area of 200m2.

No changes to the approved site layout or buildings are proposed as part of this development, although it is noted that the submitted plans show that the two approved ‘exercise pens’ are in a different location within the external yard area from that shown on the approved plans. This element does not require any further assessment.

Douglas Shire Planning Scheme Assessment

Douglas Shire Code Compliance Port Douglas and Environs Planning Locality Applicability Locality Port Douglas and Environs Locality Code 9 Does not comply Planning Area Rural Planning Area Code 9 Does not comply Industry Planning Area (Service Industry Precinct) 9 Does not comply

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 343

Defined Use Veterinary Facilities r No applicable code Design and Siting of Advertising Devices Code 9 Conditioned to comply Filling and Excavation Code 9 Complies Landscaping Code 9 Conditioned to comply General Codes Natural Areas and Scenic Amenity Code r - Reconfiguring a Lot Code r - Vehicle Parking and Access Code 9 Complies Sustainable Development Code r -

Compliance Issues

Inconsistent Land Use

Whilst the proposed development is not for ‘Service Industry’ purposes, it is consistent with and would be ancillary to an approved Intensive Animal Husbandry (Kennels/Cattery) use on this site. The location of the site, with only two neighbours, being properties used for rural purposes, and the site being screened by fencing, landscaping and adjacent uses it is considered that potential impacts on the amenity of this area and surrounding urban uses is minimal.

Whilst the proposed development does not appear to be consistent with the Purpose statements outlined within the Code, it is noted that the use is one that is in demand and that the only planning area where a Veterinary Facilities use is Code Assessable is the Commercial Planning Area. Land within the Commercial Planning Area in the Port Douglas & Environs Locality is difficult to secure and mostly developed with more typical ‘commercial’ uses and is largely in areas where a Veterinary Facility is likely to be considered less suitable and have a greater impact on adjoining land uses in many instances.

Compliance with many Planning Scheme requirements is required through the imposition of conditions on the approval (CA69 (8/30/126)) for the Intensive Animal Husbandry use on the site. In this respect, as there would be no change to the proposed buildings or site layout and there is no greater demand on parking that that approved, the conditions of the existing approval are mostly sufficient in relation to this ancillary use.

Parking

The required number of spaces for a Veterinary Facility is one (1) space per 50m2 Net Lettable Area (NLA). The Veterinary Facility would be contained within approved ‘Building 2’, which has an NLA of 200m2. As such, the use would generate a demand for four (4) spaces.

The approved development for Intensive Animal Husbandry provides fifteen (15) car parking spaces plus one (1) space for the approved Caretaker’s Facility. The required number of spaces for the Intensive Animal Husbandry use is one (1) space per two (2) staff members. Considering that four (4) spaces are required by the proposed Veterinary Facilities use, eleven (11) spaces remain for the Animal Husbandry use which would allow for twenty-two (22) staff members to be on site at one time. In reality, it is more likely that only three to five staff members would be working at one time and so there would be a surplus of parking provided for the combined uses.

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 344

Conditions of the existing approval for the Material Change of Use for Intensive Animal Husbandry relate to external works, car parking spaces and their construction in addition to required water and sewer infrastructure to be provided to the approved buildings. In this respect, as there are to be no proposed changes to the site layout and buildings, no further conditions relating to such matters are considered necessary.

Public Notification / Submissions

Public Notification was undertaken from 8 December 2011 to 12 January 2012 in accordance with the provisions of the Sustainable Planning Act 2009. One (1) Properly Made submission was received.

The submission raised the following concerns:

I do not oppose the change of use but would like to continue to enjoy the existing amenity [sweet air and quiet]. The industrial estate emits a certain amount of noise during business hours and that’s ok, I’m sure when it comes to dogs barking that they won’t stop at 5pm and weekends and as my house is somewhat downwind I am deeply concerned. Maybe some form of soundproofing would solve the problem.

Officer Comments

The proposed Veterinary Facilities use is proposed to be in association with an existing approved use for Intensive Animal Husbandry. The development permit 8/30/126 includes conditions for the Environmentally Relevant Activity that require the following with regards to emissions and noise:

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 345

It is not considered that the proposed Veterinary Facilities would result in a significantly greater level of noise emissions than the approved use and so no further conditions are considered necessary in this regards.

INFRASTRUCTURE CHARGES:

The proposed development does not trigger Infrastructure Charges as there is to be no increase in Gross Floor Area or Impervious Area and the use creates no greater demand than the Animal Husbandry use already approved.

Referral Agencies

The application was referred to the Department of Transport & Main Roads (DTMR) as a Concurrence Agency as the site is within 100 metres of a State Controlled Road. DTMR responded with standard conditions restricting site access and advertising associated with the development.

Claire Garner Planning Officer Action Officer

Kelly Reaston Manager Development Assessment

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 346

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

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 347

APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 348

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 349

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 350

APPENDIX 3 PLANS OF DEVELOPMENT APPROVED UNDER CA 69

Material Change of Use component

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 351

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 352

Agenda – Ordinary Meeting – 25 January 2012 - #3440984 353

Reconfiguring a Lot

Agenda – Ordinary Meeting – 25 January 2012 - #3440984