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PLANNING & ENVIRONMENT COMMITTEE 16 12 MAY 2010

RECONFIGURING A LOT (1 LOT INTO 3 LOTS) , CRAIGLIE – DIVISION 10)

Luke Jackson : 8/13/1512: #2402526

PROPOSAL: LOT RECONFIGURATION (1 LOT INTO 3 LOTS)

APPLICANT: CORAL GARDENS VENTURES C/- VDM CONSULTING – BURCHILL PO BOX 3766 AUSTRALIA FAIR QLD 4215

LOCATION: CAPTAIN COOK HIGHWAY, CRAIGLIE 4877

PROPERTY: LOT 2 ON SR431

LOCALITY: AND ENVIRONS

PLANNING AREA: RESIDENTIAL 1

PLANNING SCHEME: DOUGLAS SHIRE PLANNING SCHEME 2008

REFERRAL AGENCIES: DEPARTMENT OF TRANSPORT & MAIN ROADS

NUMBER OF SUBMITTERS: NA

STATUTORY ASSESSMENT DEADLINE: 12 MAY 2010

APPLICATION DATE: 18 NOVEMBER 2009

DIVISION: 10

APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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LOCALITY PLAN

RECOMMENDATION:

That Council issue a Preliminary Approval for the development application for Reconfiguring a Lot (1 Lot into 3 Lots) over land described as Lot 2 on SR431, located at Andreassen Road, Craiglie, subject to the following additional requirements being met:

Flooding

1. The applicant is to provide additional flood modelling to show what ameliorative measures and/ or augmentations are required to ensure a no worsening effect to properties either up or down-stream from the site (refer to afflux occurring in adjoining lots, shown on QC002863 – N600 (A)). Updated modelling must be approved prior to the development permit being issued.

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Lawful Point of Discharge

2. All stormwater from the property must be directed to a lawful point of discharge in accordance with the principles outlined in the Urban Drainage Manual. The discharge of stormwater must not adversely affect surrounding properties or properties downstream from the development. The applicant must demonstrate how and where a lawful point of discharge will be achieved for the site. All works shall be undertaken to the requirements and satisfaction of the Chief Executive Officer. The applicant is to demonstrate compliance prior to the development permit being issued.

Access

3. The access easements located within Lots 2 & 3 as shown on sketch QC002863-01-SK13 are not supported. As required by both DTMR and Council, Andreassen Road is to be the single point of access to the development from the Captain Cook Highway. Updated drawings must be approved prior to the development permit being issued.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency Reference Date Council Agency Electronic Reference Department of 214/20A/102(2090.03) 12 January 2010 2446594 Transport and Main Roads

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

ADVICE

1. This preliminary 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 provision Section 339 of the Sustainable Planning Act 2009.

2. This preliminary approval is for three lots only and does not imply that approval will be given for the proposed lot layout submitted with the application. The proposed lot layout and proposed staged reconfiguration will be required to be assessed under a separate development application.

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3. 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.

4. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

5. For information relating to the Sustainable Planning Act 2009, log on to www.dip.qld.gov.au. To access the FNQROC Development Manual, Local Laws and other applicable Policies log on to www..qld.gov.au.

EXECUTIVE SUMMARY:

The application is for the Reconfiguration of a Lot (1 into 3 lots) over land located within a Residential 1 Planning Area of the Douglas Planning Scheme. The site, a former cane farm, is presently vacant and fronts the Cook Highway and Andreassen Roads, Craiglie. The proposed lots essentially represent stages of what will become a future larger residential subdivision. Assessment of the application reveals that the site is significantly affected by flooding and has access issues.

Inadequate information has been provided to address flooding and access issues and therefore it is recommended that a preliminary approval be issued.

PLANNING CONSIDERATIONS:

Site and Surrounds

The site encompasses 34.4ha of former cane land which is presently vacant. The site is located on the eastern side of the Captain Cook Highway and the northern side off Andreassen Road, Craiglie. The site is cleared and slopes gently from the Captain Cook Highway to the east and north east. The site drains to the east and north east.

Adjacent land to the north, east and south is within a Residential Planning Area and is vacant. Land to the east also contains a large area of natural vegetation in the form of a mangrove forest and swamp. The Mowbray River and associated tidal areas are located further to the south, an Industrial area in Craiglie is located further to the north and Rural land is located to the west.

Proposal

The application proposes the Reconfiguration of the land from 1 into 3 lots with areas varying between 10.3ha and 13.4ha. The proposed Reconfiguration represents a management subdivision of what is intended to become a larger subdivision of the whole site for 291 Residential lots. Access to all of the lots is proposed to be from the unnamed and unformed public road that joins onto Andreassen Road in the south.

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Douglas Shire Planning Scheme Assessment

Douglas Shire Code Compliance Port Douglas and Environs Planning Locality Applicability World Heritage Areas and Environs Locality Code r NA Settlement Areas North of the Daintree River r NA Locality Code Mossman and Environs Locality Code r NA Port Douglas and Environs Locality Code (Special Locality Management Area & Investigation Zone – Flooding 9 Complies and Vegetaiton)) Coastal Suburbs, Villages and Townships Locality r NA Code Rural Areas and Rural Settlements Locality Code r NA Residential 1 Planning Area Code Planning Area 9 Complies Plot Ratio – Low Scale Acid Sulfate Soils Code 9 Complies Cultural Heritage and Valuable Sites Code r NA Overlay Codes Natural Hazards Code (Bushfire – Low/Medium 9 Complies Risk) Filling and Excavation Code 9 Complies Landscaping Code r NA Natural Areas and Scenic Amenity Code 9 Complies General Codes Reconfiguring a Lot Code 9 Complies Vehicle Parking and Access Code r NA Sustainable Development Code r NA

Compliance Issues

Port Douglas and Environs

The proposed development is located within a Special Management Area (SMA) (Residential Growth Area) and an Investigation Zone (flooding and vegetation) under this code. The performance criteria with respect to the SMA requires that the area is developed taking into account the opportunities, constraints, topography and man made features of the site as well as vegetation and flooding.

Most of the site is clear of vegetation as the site was historically farmed for sugar cane. Flooding information was submitted with the report and is assessed in greater detail following.

Residential 1 Planning Area

The proposal results in minimum lot sizes which comply with the minimum lot size requirements within the planning area.

It should be noted that any approval of this application is not implying approval of the proposed larger development which will need to be assessed at a later date. Flooding and provision of adequate access will be significant issues within that assessment, particularly with respect to Proposed Lot 3 which may be limited in the number of lots it can accommodate.

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Flooding

The site is located within an area subject to flooding. The eastern side of the site, and particularly proposed lot 3, would be primarily inundated in a Q100 flood event. Drainage of water from all proposed lots to a lawful point of discharge may be an issue due to the fall in land height away from the Captain Cook Highway to the east/northeast. This may be compounded by the fact that the adjacent land tenure further to the north and northeast is in private ownership.

A set of conditions can not be currently formulated based on the information submitted with the application in relation to both flooding and lawful point of discharge. Because of this, a development permit with an associated set of conditions can not be issued. However, it is considered that the information can be obtained via a preliminary approval after which appropriate conditions can be imposed.

Traffic

The applicant submits that access to the lots shall be via a new road located centrally between proposed lots 1 and 2. The proposed road would result in an additional intersection with the Captain Cook Highway. The Department of Transport and Main Roads has conditioned that access is to be obtained off Andreassen Road. This has ramifications for future traffic planning and associated traffic impacts, internal and external circulation and the like. Hence additional information is required to satisfy the access component of the proposal which will also be included within the preliminary approval requirements.

Public Notification / Submissions

The application is code assessable and was not required to be publicly notified.

Iconic Panel

The Iconic Panel has delegated this matter to Council to assess and determine the application.

Referral Agencies

The application was referred to the Department of Main Roads and Transport (DMRT) as the site abuts the Captain Cook Highway. The DMRT has responded providing conditions requiring that all of the lots gain access off Andreassen Road only.

Regional Plan

The site is located within the urban footprint of the Regional Plan which enables subdivision of land subject to approval from Council.

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HEADWORKS / CONTRIBUTIONS:

The proposed development does not trigger Developer’s Headworks Contributions. Water and Waste have conditioned the application such that each lot contains a water tank as well as on-site effluent disposal. There is no contribution for road or stormwater in the former Douglas Shire. Open Space contributions will be required on future subdivisions and are not relevant at this point.

Luke Jackson Planning Officer Action Officer

Simon Clarke Manager Development Assessment

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

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APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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