Veterinary Facilities – 15-45 Beor Street, Craiglie – Division 10
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336 ORDINARY MEETING 30 25 JANUARY 2012 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) – VETERINARY FACILITIES – 15-45 BEOR STREET, CRAIGLIE – DIVISION 10 Claire Garner : 8/8/1208 : #3358447 PROPOSAL: VETERINARY FACILITIES APPLICANT: HOMELESS ANIMAL SOCIETY AND BOARDING KENNELS T/AS PAWS & CLAWS PORT DOUGLAS C/- GILVEAR PLANNING PTY LTD PO BOX 228, BABINDA 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 Cairns 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 Shire of Douglas, 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