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Epbc 2009/5011

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Epbc 2009/5011 REQUEST FOR FURTHER INFORMATION Response to the Assessment Manager In Support of a development application for a Preliminary Approval - Material Change of Use (s3.1.6 overriding the planning scheme) & Development Permit - Reconfiguration of a Lot (Stages 1A & 1B: 60 lots) Lynam Road, Gumlow (Lot 26 E124278) Level 1 69 Eyre Street North Ward IPO Box 312 Belgian Gardens Qld 4810 IP> 07 47 210 177 M> 0458 110 177 Page 1 of 95I 8004_TCC mi10-0026_RRFI_report v4.0_FINAL_220711 CONTENTS EXECUTIVE SUMMARY ................................................................................ 4 1.0 INTRODUCTION ................................................................................ 11 2.0 SITE DETAIL ...................................................................................... 11 3.0 IPA S3.5.9(5) - CHANGED APPLICATION BY RFI .............. 11 4.0 IPA - RELEVANT ASSESSMENT CRITERIA ......................... 13 5.0 APPLICATION DETAIL .................................................................. 15 6.0 RESPONSE TO RFI – ASSESSMENT MANAGER .............. 16 PART A- COUNCIL’S PLANNING SCHEME [THURINGOWA] .... 17 A(1) Assessment & Decision Protocols ...................................................................................... 19 A(2) Desired Environmental Outcomes ...................................................................................... 20 A(3) Adequately Serviced by Infrastructure ............................................................................... 33 A(4) No Viable Alternate Locations ............................................................................................. 34 A(5) Rural Intention ....................................................................................................................... 40 A(6) Urban Growth Boundaries Code ........................................................................................ 44 A(7) Conclusion ............................................................................................................................. 48 PART B - PLANNING ................................................................................... 50 B(1) Need ....................................................................................................................................... 51 B(2) Availability of existing land - development envisaged by the scheme .......................... 53 B(3) Relevance of Rocky Springs ............................................................................................... 57 B(4) Proximity ................................................................................................................................. 60 B(5) Viability of Thuringowa Central ........................................................................................... 63 B(6) Associated Potential Flooding Impacts .............................................................................. 65 B(7) Market Controls ..................................................................................................................... 65 B(8) Parkland Allocation ............................................................................................................... 68 B(9) Lot Layout .............................................................................................................................. 68 B(10) Conclusion ............................................................................................................................. 69 PART C – ENGINEERING ........................................................................... 72 PART D – ENVIRONMENTAL ................................................................... 80 CONCLUSION ................................................................................................. 94 APPENDIX 1. Proposal Plans – For Approval Willowbend Zone Plan (SK10) Proposal Subdivision Plan - Stages 1 & 2 (SK11) 2. Variations To Thuringowa Planning Scheme - Willowbend Development Code, Table Of Assessment And Zone Plan 3. Engineering Reponses (UDP Consulting Engineers – 27 June 2011) 4. Engineering Report (UDP Consulting Engineers – 27 June 2011) 5. Water Supply & Sewerage Planning Report (UDP Consulting Engineers – 27 June 2011) Level 1 69 Eyre Street North Ward IPO Box 312 Belgian Gardens Qld 4810 IP> 07 47 210 177 M> 0458 110 177 Page 2 of 95I 8004_TCC mi10-0026_RRFI_report v4.0_FINAL_220711 6. ‘Social Impact Assessment – Proposed Residential Development, Gumlow’ (Urban Analytics Australia – 11 July 2011) 7. Community Infrastructure Maps 8. ‘Gumlow Townsville – Economic Impact And Needs Assessment’ (Location IQ – 13 July 2011) 9. DERM Referral Agency Response- Dated 12 August 2010 10. Black-Throated Finch Survey & Habitat Assessment (C&R Consulting – June 2010) 11. Aerial Montages – 1960s 1970s 1980s 1990s 2004 2009 12. Supporting Information Plans Road Hierarchy (& Including Bus Route Plan) (SK05) Staging Plan (SK06) Proposal Stages 1 & 2 – Regional Ecosystem Protection (SK13) Parkland Hierarchy Plan (SK16) Study Area Analysis – Preferred Regional Structure Plan (PMM) 13. Traffic Reponses (UDP Horman Consulting Engineers – 24 June 2011; And Cardno Eppell Olsen Report – May 2011) 14. Department Of Sustainability, Environment, Water, Population And Communities (Former DEWHA)– EPBC Referral: RFI Letter (3 September 2009) 15. Aerial Photo Presentation Material 2009 16. Preliminary Stormwater Quality Management Plan (BMD Consulting – June 2011) 17. PMAV Supporting Documentation Report (Landscape Assessment, Management And Rehabilitation Pty Ltd – July 2008) 18. Response To Information Request “Willowbend” (Landscape Assessment, Management And Rehabilitation Pty Ltd – July 2008) 19. Legal Advice (MacDonnells Law – 7 July 2011) 20. Fauna Report (Glen Ingram – 21 July 2008) ENCLOSED Cd Copy – Application Documentation SIDRA Data Paramics Data Level 1 69 Eyre Street North Ward IPO Box 312 Belgian Gardens Qld 4810 IP> 07 47 210 177 M> 0458 110 177 Page 3 of 95I 8004_TCC mi10-0026_RRFI_report v4.0_FINAL_220711 EXECUTIVE SUMMARY We write of behalf of the Applicant, our client, Willowbend (NQ) Pty Ltd, in relation to the development application lodged with the former City of Thuringowa Council on 28 August 2007 pursuant to the Integrated Planning Act 1997 (IPA). The development application lodged on 29 August 2007 was made for a: i) Preliminary Approval for a Material Change of Use (s3.1.6 of IPA overriding the Thuringowa planning scheme); and ii) Development Permit for a Reconfiguration of a Lot (Stages 1A&1B). This application was lodged over land located at Lynam Road, Gumlow more formally described as Lot 26 E124278. The subject site is currently included within the Rural 10 Sub-Area under the former City of Thuringowa’s planning scheme. Subsequent to formal amendment of the development application on 9 June 2010, on 23 July 2010 a Request for Further Information (RFI) was received from the Townsville City Council (TCC). Pursuant to Section 3.2.12(2)(b)(ii) of IPA, the Applicant has 12 months to respond to an information request. In accordance with Section 3.3.8 of the IPA, this report provides a response to all of the information requested from the Assessment Manager. Despite the subsequent repeal of IPA in September 2009, for dealing with and deciding the development application, IPA continues to apply as if the SPA had not commenced. As such, the assessment and decision criteria outlined in Section 4.0 of this report apply. At the time the subject application was lodged with the assessment manager in August 2007, the subject site was located in the former City of Thuringowa local government area (“LGA”). Therefore accordingly to Section 3.5.3 of the IPA1, the Assessment Manager can only consider the Thuringowa planning scheme area applicable at the time of lodgement, that is, the area covered by the former Thuringowa City Council’s planning scheme (October 2003) (refer Appendix 19). The Council RFI was detailed and in consideration of the various matters raised within, changes to the development application have been made pursuant to Section 3.2.9(5) of the Integrated Planning Act 1997. The Applicant confirms the application process does not stop in this instance as the changes do not go beyond the parameters permitted by this section of IPA. In particular, clarity has been provided by the provision of plans, development codes and tables of assessment to clarify the preliminary approval component overriding the Thuringowa planning scheme. Updated staged Reconfiguration of a Lot (ROL) plans have been provided for the separate code assessable component. An amended structure plan, now called the Willowbend Zone Plan (refer Appendix 1) has been prepared that depicts the broad pattern of development that is intended to occur over the subject site and the land use zones and precincts that are intended to be established. The proposed development has also modified its yield and intended product mix to a larger-lot size residential product yielding an approximate total 296 1 3.5.3 References in div 2 to codes, planning instruments, laws or policies - In this division (other than section 3.5.6), a reference to a code, planning instrument, law or policy is a reference to a code, planning instrument, law or policy in effect when the application was made. Level 1 69 Eyre Street North Ward IPO Box 312 Belgian Gardens Qld 4810 IP> 07 47 210 177 M> 0458 110 177 Page 4 of 95I 8004_TCC mi10-0026_RRFI_report v4.0_FINAL_220711 allotments (that is approx. 230 lots
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