change representations for reconfiguring a lot for …

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Agenda – Ordinary Meeting 10 November 2021 - #6780174

ORDINARY MEETING

10 NOVEMBER 2021 16

CHANGE REPRESENTATIONS FOR RECONFIGURING A LOT FOR ROCKY

CREEK STAGE 2 (2 LOTS INTO 34 RESIDENTIAL LOTS, NEW ROAD,

PARK & BALANCE LAND) – 101R-103R & 300L COOPER ROAD MOUNT

PETER – DIVISION 1 I Kennedy | 8/13/2357 | #6743412

PROPOSAL: CHANGE REPRESENTATIONS FOR

RECONFIGURING A LOT FOR ROCKY CREEK STAGE 2 (2 LOTS INTO 34 RESIDENTIAL LOTS, NEW ROAD, PARK AND BALANCE LAND)

LEVEL OF ASSESSMENT: CODE ASSESSMENT LANDOWNER: KROYMANS DEVELOPMENTS PTY LTD APPLICANT: KROYMANS DEVELOPMENTS PTY LTD C/- CARDNO PO BOX 1619 CAIRNS QLD 4870 LOCATION: 101R-103R & 300L COOPER ROAD, MOUNT

PETER PROPERTY: LOT 300 & 100 ON SP322661 (FORMERLY

SP315904) PLANNING SCHEME: CAIRNSPLAN 2016 v2.1 LOCAL PLAN: MOUNT PETER ZONE: LOW-MEDIUM DENSITY RESIDENTIAL REFERRAL AGENCIES: STATE ASSESSMENT AND REFERRAL

AGENCY (ORIGINAL APPLICATION) NUMBER OF SUBMISSIONS: NIL STATUTORY ASSESSMENT DEADLINE: 10 NOVEMBER 2021 APPLICATION DATE: 27 JANUARY 2021 DIVISION: 1

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APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. FNQROC STANDARD DRAWINGS 3. INFRASTRUCTURE CHARGES

CALCULATIONS

LOCALITY PLAN

RECOMMENDATION

That Council approves the Change Representations and issues a Negotiated Decision Notice under section 76 of the Planning Act 2016 for a Development Permit for Reconfiguring a Lot for Rocky Creek Stage 2 (2 Lots into 34 Residential Lots, New Road, Park and Balance Land) over land formally described as Lot 100 & 300 on SP322661 (formerly SP315904) situated at 101R-103R & 300L Cooper Road, Mount Peter subject to the following conditions: 1. That the Approved Plans and Document Table is amended as follows:

PART A: RECONFIGURING A LOT APPROVED DRAWING(S) AND/OR DOCUMENT(S) The term ‘approved drawing(s) and/or document(s)’ or other similar expression means:

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Drawing or Document

Reference Date

Proposed Reconfiguration

Job No. Q194095 Plan No.: Q194095-SP01 EF prepared by Cardno (Qld) Pty Ltd

25 January 2021 18 August 2021

Note: The extent of this approval relates solely to Stage 2 shown on the approved drawings.

2. That Conditions 1, 2, 3, 4 & 5 are amended as follows:

Lapse of Approval 1. This Preliminary Approval Development Permit, granted under the

provisions of the Planning Act 2016, shall lapse ten (10) six (6) years from the day the approval takes effect in accordance with the provisions of Section 8885 of the Planning Act 2016.

Timing of Effect 23. Unless otherwise specified in conditions of this approval, the conditions

of this Preliminary Approval Development Permit must be carried out prior to obtaining a Development Permit for Reconfiguring a Lot Council’s approval of the Plan of Survey.

Limitation of Effect of Approval 34. This Preliminary Approval Development Permit relates to the lots

contained in Stage 2 shown on the Approved Plans only.

Water Supply and Sewerage Master Plan (Internal) 45. An updated Water Supply and Sewerage Master Plan of all stages of

Rocky Creek, accompanied by supporting calculations must be provided which demonstrates how the development can be internally serviced. The master plan must reflect all constructed and approved stages.

The Water Supply and Sewerage Master Plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Water Supply and Sewerage Infrastructure Plan (External) 56. An updated Water Supply and Sewerage Infrastructure Plan and

supporting information including hydraulic network analysis must be submitted demonstrating how the development will be serviced by Council’s Infrastructure. In particular the plan must:

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a. Identify external catchments that will be connected to the internal sewer or water networks Address the requirements set out in the Preliminary Approval for the Pinecrest Master Planned Community Structure Plan (Ref: 8/13/2318);

b. Identify any trunk infrastructure external to the subdivision that may

require upgrading to accommodate the development Reflect all constructed and approved stages.

The water supply and sewerage infrastructure plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

3. That Conditions 6 & 7 are deleted as follows:

Traffic

6. The Applicant/Landowner must undertake a detailed design in consultation with Council for the future trunk road (LGIP item: TRF430), being Cooper Road, from Mount Peter Road to the development to a 2-lane median divided sub-arterial road in accordance with the FNQROC Development Manual. The design must also detail the ultimate alignment of all associated infrastructure and services and identify land for resumption.

Structure Plan 7. The proposed development, as shown on Plan No.: Q194095-SP01 E

dated 25 January 2021, prepared by Cardno, must be amended where necessary to accommodate any required changes to ensure consistency with a Structure Plan for the area, prior to obtaining a Development Permit for Reconfiguring a Lot.

4. That Conditions 2, 7 – 36 are added as follows:

Generally in Accordance 2. 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, including recommendations and

findings confirmed within technical reports; 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.

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Water Supply and Sewerage (External)

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

a. Construct any water and sewer infrastructure required for Stage 2

as identified in the Water Supply and Sewerage Master plan and Infrastructure Plan.

A plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

All works must be carried out in accordance with the approved plans, to the

requirements and satisfaction of the Chief Executive Officer, prior to Council’s approval of the Plan of Survey.

Water Supply and Sewerage Works (Internal)

8. Undertake the following water supply and sewerage works internal to

the subject land:

a. Provide a single internal sewer connection to each lot in accordance with the FNQROC Development Manual;

b. Extend water mains such that each allotment can be provided with

a water service connection to the lot frontage.

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

A plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Council’s approval of the Plan of Survey.

Inspection of Sewers

9. CCTV inspections of all constructed sewers must be undertaken. An

assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Council’s approval of the Plan of Survey.

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Damage to Infrastructure

10. In the event that any part of Council’s existing infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Council immediately of the affected infrastructure and have it repaired or replaced by Council at the developer’s cost, prior to the approval of the Plan of Survey.

Sewer Easement

11. Create an easement in favour of Council subject to Council’s relevant

standard terms document over sewers on non-standard alignments to the requirements and satisfaction of the Chief Executive Officer. A copy of the easement document must be submitted to Council for the approval by Council's solicitors at no cost to Council. The approved easement document must be submitted at the same time as seeking Council’s approval of the Plan of Survey and must be lodged and registered with the Department of Resources in conjunction with the Plan of Survey.

Footpath Master Plan

12. Prior to the issue of a Development Permit for Operational Works, the

Applicant must submit a Footpath Master Plan for endorsement and approval by Council. The Master Plan is to include detail on pedestrian and cyclist connectivity requirements internally and access from external catchments and to public transport infrastructure.

13. All Access Street or higher order roads must include a minimum 2.0

metre wide footpath in accordance with FNQROC Development Manual.

All footpaths must be designed and constructed in accordance with the requirements of the FNQROC Development Manual, with details provided as part of a future Operational Works application.

The footpath must be constructed prior to Council approval of the Plan of Survey.

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External Roadway (Non-Trunk) 14. Undertake detailed design, in consultation with Council, for the

required upgrades to the interim standard of Cooper Road to service the additional lots within Stage 2 of the development, considering roadway capacity and safety. All interim design solutions must be designed in accordance with the FNQROC Development Manual and the Australian Standards where applicable, unless otherwise approved by Council and endorsed by an appropriately qualified RPEQ Engineer.

15. Construct any necessary upgrades to the interim standard of Cooper Road from Mount Peter Road to the internal road in accordance with the interim design endorsed as part of Condition 14.

Note: Infrastructure works required by this condition are non-trunk infrastructure for the purposes of Section 128 of the Planning Act 2016.

Intersection Works (Non-Trunk)

16. Undertake the following works external to the land at no cost to

Council:

a. Where the development relies on the existing Cooper Road/Mount Peter Road intersection, the cane rail crossing on Cooper Road on the approach to the intersection with Mount Peter Road must be audited for its visibility and sightlines to maintain passive control in accordance with Australian Standard AS1742.7.

Where the audit identifies improvements required to achieve passive control, works must be designed and carried out in accordance with the audit, relevant standards and the FNQROC Development Manual. Where improvements cannot be made to achieve passive control, a revised design for the intersection must be prepared that maintains a safe and trafficable standard under Australian Standards AS1742.7, and the FNQROC Development Manual.

Note: It is recommended that the Applicant consult with the Mulgrave Central Mill / MSF Sugar Pty Ltd who are responsible for the maintenance of the crossing for a distance of one (1) metre on each side of the railway, and between the railway over road where any works cannot achieve passive control standards.

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b. Upgrade the intersection of Cooper Road/Mount Peter Road to an interim form to include a Channalised Right Turn (CHR) & Channalised Left Turn (CHL) as outlined in the adopted layout of the SIDRA Analysis for the Traffic Impact Assessment for Pinecrest Master Planned Community, dated 20 September 2021.

All the above works must be designed and constructed in accordance with the FNQROC Development Manual and submitted as part of the Development Permit for Operational Works. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer and prior to Council approval of the Plan of Survey.

Note: Infrastructure works required by this condition are non-trunk infrastructure for the purposes of Section 128 of the Planning Act 2016.

Street Layout and Design

17. The street layout and design must comply with the FNQROC

Development Manual, to the satisfaction of the Chief Executive Officer. In particular:

a. The new internal roads must be designed and constructed in

accordance with Council’s FNQROC Development Manual, to a minimum Access Street standard;

b. Individual property access must be designed in accordance with

the requirements of Australian Standards AS2890.1. Appropriate clearances are required from intersections, road and tangent points and other above ground infrastructure (including street trees);

c. The access to all properties with two (2) road frontages must be

from the lower order road. No direct property access is permitted from a Major Collector Road or higher order roads;

d. Provide a minimum of 0.5 spaces per lot for on-street parking;

e. Details for all internal four-way intersection treatments are

required. All roundabouts must be in accordance with Council’s Typical Bicycle Treatment; and

f. A temporary vehicle turn-around at the end of all partially

constructed roads must be provided.

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Plans incorporating the above requirements must be submitted prior to the issue of a Development Permit for Operational Works.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Council’s approval of the Plan of Survey.

Access to Lots 18. Construct a concrete driveway (or other approved surface) extending

from the back of the kerb for the full length of the access handle of Lot 236 and Lot 242. Construction of the concrete driveway must be carried out generally in accordance with FNQROC Development Manual Standard Drawing S1110F (as attached) or as approved as part of a Development Permit for Operational Works. All works must be carried out to the requirements and satisfaction of the Chief Executive Officer prior to Council approval of the Plan of Survey.

Service Conduits

19. Design and construct all necessary underground service conduits,

including water, electricity and telecommunications, with associated access pits, for the entire length of the access handle of Lot 236 and Lot 242 as shown on the approved plan of development. All works must be carried out to the requirements and satisfaction of the Chief Executive Officer prior to Council approval of the Plan of Survey.

Services Master Plan

20. A Services Master Plan must be submitted to Council in conjunction

with the application for a Development Permit for Operational Works. The plan must include all civil infrastructure such as water, sewer, stormwater, street lighting, proposed driveway locations, street trees and any other essential infrastructure. The plan must demonstrate the placement of one (1) street tree per fifteen (15) metres spacing, where possible, in accordance with Schedule 12A of the Planning Regulation 2017. All elements must achieve the appropriate clearances from other infrastructure as required in the FNQROC Development Manual and/or relevant Australian Standards.

Electricity and Telecommunications

21. An underground electricity reticulation must be provided to the

subdivision in accordance with requirements of the FNQROC Development Manual.

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Written evidence of negotiations with Ergon Energy and the telecommunication authority must be submitted to Council stating that underground services for both an electricity supply and telecommunications service can be provided each lot, prior to Council’s approval of the Plan of Survey.

The Development Approval conditions relating to electricity supply

must be provided to your chosen electricity provider with the application for power supply.

Such evidence from an electricity provider (Ergon Energy) must be in the

form of a “Certificate of Supply”, or alternatively a receipt for the full payment of the amount detailed under an “Offer of Supply”.

Such evidence from a telecommunications provider (NBN Co.) must be

in the form of a receipt for the full payment of the NBN Co. “Development Application” or alternatively provide Council with a copy of the NBN Co. “Council Letter”.

A full copy of this Development Permit must be provided to both service

providers.

22. Where Ergon Energy requires the installation of a substation to augment their network, provision must be made for a padmount substation within the development and positioned so that it does not detract from the appearance of the streetscape and must be clear of footpath areas.

Details of the electrical substation positioning must be endorsed by the Chief Executive Officer.

23. Once the underground power supply and reticulation is established

within the subdivision, all existing overhead power lines and pole mount transformers impacting on the development site shall be removed. All existing overhead service lines and timber poles must be recovered. Such works are to be undertaken by Ergon Energy or its approved contractor at the applicant’s expense.

Street Lighting

24. The following arrangements for the installation of street lighting within

the proposed subdivision must be provided prior to Council’s approval of the Plan of Survey:

a. A Rate 2 lighting scheme is to be designed in accordance with the

relevant current Road Lighting Standard AS/NZS 1158 and the FNQROC Development Manual.

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The applicable lighting category is to be determined from the Road Hierarchy Table D1.1 and the corresponding applicable Lighting Categories Table D8.1 in the FNQROC Development Manual. The lighting scheme must demonstrate that light pole locations align with common property boundaries, represent the permitted design spacing, and that there are no conflicts with vegetation to be retained, stormwater, driveways, kerb inlet pits and other services.

The design must provide the applicable illumination level specified in the current Road Lighting Standard AS/NZS 1158 at the following road elements:

o Intersections o Pedestrian Refuges o Cul-de-sacs o Local Area Traffic Management (LATM) Devices (Including

Roundabouts)

LATM Devices are to be shown on the civil layout design. The electrical services and street lighting design must be submitted in accordance with Ergon Energy’s latest Distribution Design Drafting Standard.

The lighting scheme must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

25. At the time Cooper Road is upgraded to the ultimate Sub-Arterial cross

section (2-lane median divided), street lighting is to be provided in the median on Cooper Road from Mt Peter Road to the new entry intersection to the development in accordance with the relevant current Road Lighting Standard AS/NZS 1158 and the FNQROC Development Manual, unless otherwise approved by the Chief Executive Officer and endorsed by an appropriately qualified RPEQ Engineer.

The applicable lighting category is to be determined from the Road Hierarchy Table D1.1 and the corresponding applicable Lighting Categories Table D8.1 in the FNQROC Development Manual.

Note: An interim standard of street lighting should be provided as part of an Interim Design of Cooper Road. Interim street lighting not located in the ultimate cross section location (i.e. in the median), will not be considered trunk infrastructure.

26. All new lighting columns are to be of steel construction with LED

luminaires installed at a zero-degree upcast and underground service, and all existing Ergon Energy timber street light poles are to be recovered.

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Waterway Corridor

27. The boundary for all lots and roads adjacent to Stony Creek must be setback to allow for the natural function of the waterway, being the greater of either:

a. 10 metres measured perpendicular from the top of high bank;

or

b. The area of land affected by the 1% AEP flood event.

A plan (or other suitable documentation) must be lodged with Council

with the application for a Development Permit for Operational Works demonstrating the above requirements and as part of the request for Council’s approval of the Plan of Survey to demonstrate compliance.

Restoration of the Waterway Corridor (Stony Creek)

28. The Waterway Corridor for Stony Creek and areas adjacent to existing

native vegetation to be retained must be restored and revegetated in accordance with the following:

a. Stage 2 must be designed to accommodate the required 10 metre

buffer from the top of bank and from native vegetation to be retained adjacent to the proposed lots (Proposed Lots 236, 239, 240, 241, 242, 35). The 10 metre buffer must include restoration and revegetation of any degraded natural areas and a grassed area at a grade that can be accessed and traversed by maintenance machinery. The minimum area for the access is four (4) metres wide.

b. Areas adjacent to the access roads and Stony Creek / existing

native vegetation to be retained must either be revegetated with native endemic species in consideration to the adjacent infrastructure and road corridor or grassed at a grade that can be maintained and accessed by maintenance machinery.

c. Revegetation planting and weed eradication of both priority

invasive and environmental weeds for the full length of Stony Creek for a minimum six (6) metre area from the top of bank is required where the riparian vegetation is degraded. Revegetation must be with native endemic species characteristic of the riparian watercourse to provide a vegetation buffer and assist with preventing future weed establishment. The species must be selected inconsideration of not posing risk of damage to any adjacent infrastructure from destructive roots, trunk and excessive leaf and fruit drop.

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d. Large endemic tree species are to be specified at toe of the waterway batter and smaller endemic tree shrubs and trees towards the top adjacent to the Council maintenance access.

e. Eradication of all priority invasive and environmental weeds from

the development site.

All restoration works must be completed to the satisfaction of the Chief Executive Officer prior to Council’s approval of the Plan of Survey/ Works Acceptance and established and maintained until the Final Works Acceptance.

Vegetation Protection and Clearing

29. Any trees/vegetation outside the approved boundary extent for

vegetation clearing associated with Stony Creek must be retained and protected in reference to the Australian Standard AS 4970-2009 Protection of Trees on Development Sites, except those areas affected by installation of services as detailed on the approved plans. Any further clearing of vegetation requires an Operational Works Development Approval.

Detailed Landscape Development Plan

30. Undertake landscaping of the site and street frontages of new roads in

accordance with FNQROC Development Manual and in accordance with a Detailed Landscape Development Plan prepared by a suitably qualified Landscape Architect or Landscape Designer. In particular, the plan must show:

a. Existing vegetation boundary extent proposed to be retained and

removed.

b. Locations of any significant priority invasive and environmental weeds, such as Bamboo sp., Mango, and African Tulip Trees, that are within Stony Creek will require removal as part of the restoration works pursuant to Condition 30 (Restoration of the Waterway Corridor (Stony Creek).

c. Revegetation of degraded areas within the waterway buffer area

pursuant to Condition 30 (Restoration of the Waterway Corridor (Stony Creek).

d. Treatment to barriers in accordance with the FNQROC

Development Manual (i.e. post and rail, access gates) to restrict public access and encroachment within the area rear of the lots adjoining the Waterway Corridor and enable Council maintenance.

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e. Location of services, driveways, street lighting and street trees in accordance with an approved Services Masterplan pursuant to Condition 22 (Services Master Plan).

f. Location of footpaths in accordance with an approved Footpath

Master Plan pursuant to Condition 14 (Footpath Master Plan).

g. Planting of the road verges with trees, using native species, having regard to any service locations and lot access crossover constraints.

h. Inclusion of all requirements as detailed in other relevant

conditions included in this Approval, with a copy of this Development Approval to be given to the applicant’s Landscape Architect / Designer.

Note: A list of suitable verge tree species for planting adjacent to infrastructure and services and revegetation species are attached as Appendix D & E within FNQROC Development Manual Cairns Regional Council’s Specific Requirements.

One (1) A3 and one (1) electronic .pdf copy of the Landscape Development Plan must be submitted with the Development application for Operational Works Civil works and approved by Council prior to the Pre-start Meeting.

The required landscape and restoration works must align with the stage boundaries shown on the approved Plan of Development.

Flooding and Drainage

31. The proposed development must not create ponding nuisances and/or a

concentration of stormwater flows to adjoining properties.

32. All stormwater from the property must be directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream, in accordance with the Queensland Urban Drainage Manual, Fourth Edition (2016).

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33. Council must approve the location of any Stormwater Quality Improvement Devices (SQIDS) prior to installation. SQIDS (e.g. GPTs) shall include a removal basket equivalent or similar to the CleansAll product, to allow simple and economical maintenance of the device. They shall be positioned to allow for economic and efficient maintenance operations, and will require a reinforced concrete hard standing area to be provided from the edge of the carriageway to the SQID location. Vehicular access shall be provided to the hard standing area in the form of a crossover or lay back kerb, constructed in accordance with the provisions of FNQROC Development Manual, and access from the public road reserve to the SQID must remain unrestricted.

34. As per the requirements of FNQROC Section D4.13; all inter allotment

drainage is to be conveyed by above ground open channel catch drains.

35. All rear allotment drainage pits and associated pipework contained within the lot boundaries of this development site shall be private infrastructure and shall not become an asset of Council.

36. All lots to drain towards the road reserve, drainage reserve or adjacent

creek, stream or defined waterway unless otherwise approved by council. All allotments that do not drain towards a road frontage shall be provided with stormwater services in accordance with FNQROC D4.13.2.a.

5. That Further Advice Note 1 & 3 are deleted as follows: 1. Council acknowledges a current development application (Council

reference: 8/13/2318) seeking a Preliminary Approval to affect a Structure Plan for the Pinecrest Master Planned Community. To ensure the efficient and orderly development of the Mount Peter Area, Council requests that application 8/13/2318 for the Structure Plan be approved prior to the receipt of any further application/s for a Development Permit for this stage and any other stages. Any subsequent development application/s for the development area submitted prior to the approval of this application will be assessed on its own merits against the relevant provisions the Assessment Manager may have regard to in accordance with the Planning Act 2016, including any bounded assessment against the Planning Scheme.

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Trunk Infrastructure 3. Infrastructure conditions pursuant to the Planning Act 2016, in particular

additional payment conditions pursuant to section 130 have not been included as part of this Preliminary Approval. Notwithstanding this, Council retains the ability to utilise these provisions on subsequent development applications.

6. That Further Advice 2 & 3 are amended as follows: 2. This Preliminary approval does not negate the requirement for

compliance with all other relevant statutory requirements. 43. For information relating to the Planning Act 2016 log on to

https://planning.dsdmipstatedevelopment.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au

7. That Further Advice 1, 4, 5 & 6 are added as follows: FURTHER ADVICE 1. 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.

Infrastructure Charges Notice 4. A charge levied for the supply of trunk infrastructure is payable to

Council towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice. The original Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Infrastructure Charges Notice has been calculated

according to Council’s Infrastructure Charges Resolution. Please note that this Decision Notice and the Infrastructure Charges

Notice are stand-alone documents. The Planning Act 2016 confers rights to make representations and appeal in relation to a Decision Notice and an Infrastructure Charges Notice separately.

The amount in the Infrastructure Charges Notice is subject to index

adjustments and may be different at the time of payment. Please contact the Planning Approvals Team at council for review of the charge amount prior to payment. The time when payment is due is contained in the Infrastructure Charges Notice.

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Further Approvals Required to Carry out the Development 5. The following further approvals are required prior to carrying out the

development: a. Operational Work; and b. Plumbing and Drainage Work. 6. Council will be implementing “smart” water meters during the currency

period of this development. The Plumbing contractor must confirm with Council, at the time of making a Development Application for Plumbing Works, what the type of water metre should be installed.

8. That PART B: INFRASTRUCTURE CHARGES is added as follows: PART B: INFRASTRUCTURE CHARGES 1. That an Infrastructure Charges Notice be given for the development.

EXECUTIVE SUMMARY Council is in receipt of Change Representations (Negotiated Decision Request) relating to an application for Reconfiguring a Lot for Rocky Creek Stage 2 (2 Lots into 34 Residential Lots, New Road, Park and Balance Land) located at 101R-103R & 300L Cooper Road, Mount Peter, on land described as Lot 100 & 300 on SP322661 (formerly SP315904). The development is the second stage of the ‘Rocky Creek’ subdivision which sits at the northern end of the wider ‘Pinecrest Master Planned Community’ development (comprising 883 Lots, New Road, Parks and Balance Land). The proposed development involves the creation of 34 vacant freehold parcels ranging from 714m2 to 2,061m2 for the purpose of supporting future residential development. A preliminary approval was issued for the development pursuant to s60(5) of the Planning Act 2016 by way of Delegated Authority on 21 May 2021. A Development Permit was not issued at this time due to non-compliance with the Mount Peter Local Plan Code, which requires that a structure plan supports reconfiguration of land within the Mount Peter Local Plan area. Structure plans have a critical planning purpose as they seek to ensure development is planned and delivered in an orderly and integrated manner. With respect to Mount Peter, they also play an important role in ensuring that suitable densities are being achieved, given Mount Peter is the region’s only new greenfield growth area. At the time of deciding the application for Rocky Creek Stage 2, the application for the Preliminary Approval for Reconfiguring a Lot to facilitate the Pinecrest Master Planned Community Structure Plan (7 Lots into 883 Lots, Plus New Road, Parks and Balance Land) (Council ref: 8/13/2318) had been lodged, however was still in the Information Request Response Period.

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The applicant submitted change representations requesting a Negotiated Decision Notice on 25 May 2021 in accordance with section 75 of the Planning Act 2016. The change representations requested that Council issue a Development Permit for the development. Updated change representations were submitted to Council on 26 August 2021 to also allow consideration of an amended plan with a cul-de-sac head rather than a through-road at the northern extent of the stage. Council has committed to progressing the applications for the Negotiated Decision for Rocky Creek Stage 2 and the Preliminary Approval for the Pinecrest Master Planned Community Structure Plan concurrently to assist in facilitating the ongoing development of Mount Peter. As such, it proposed that the decisions for the two applications are made at the Planning & Environment Committee Meeting on 10 November 2021. The application for the Structure Plan, if approved, will subsequently allow the issue of a Development Permit for Rocky Creek Stage 2. BACKGROUND Rocky Creek Stage 1 (Council Ref: 8/13/2307) Council issued a Development Permit for Reconfiguring a Lot for Rocky Creek Stage 1 (1 Lot into 46 Lots, Plus New Road, Park and Balance Land) on 20 October 2020. A Negotiated Decision Notice was subsequently issued on 19 January 2021 to include two additional lots and changes to the conditions and advice notes. The Negotiated Decision Notice included the following advice note: 1. Large lots (i.e. significantly greater than 450m2 - 600m2) are not encouraged and generally

not supported in the Low-Medium Density Residential Zone and the Mount Peter Local Plan Area. Council acknowledges a current development application (Council reference: 8/13/2318) seeking a Preliminary Approval to affect a Structure Plan for the Pinecrest Master Planned Community. To ensure the efficient and orderly development of the Mount Peter Area, Council requests that application 8/13/2318 for the Structure Plan be approved prior to the receipt of any further application/s for a Development Permit for this stage and any other stages. Any subsequent development application/s for the development area submitted prior to the approval of this application will be assessed on its own merits against the relevant provisions the Assessment Manager may have regard to in accordance with the Planning Act 2016, including any bounded assessment against the Planning Scheme.

Pinecrest Master Planned Community Structure Plan (Council Ref: 8/13/2318) The application for a Preliminary Approval for Reconfiguring a Lot to facilitate the Pinecrest Master Planned Community (7 Lots into 883 Lots, Plus New Road, Parks and Balance Land) was lodged with Council on 28 August 2020. The intent of the Structure Plan is to establish the preferred direction of future growth of the Pinecrest Master Planned Community (PMPC) including identifying how land is intended to be developed and providing a broad framework to guide Council when it considers future development within the PMPC area. Council issued an Information Request on 25 September 2020 and the Applicant provided a response on 24 September 2021.

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SARA provided their Referral Agency Response on 13 October 2021. The application is now due to be decided at the Planning & Environment Committee meeting on 10 November 2021. Rocky Creek Stage 2 (Council Ref: 8/13/2357) The Applicant lodged an application for a Development Permit for Rocky Creek Stage 2 for Reconfiguring a Lot (2 Lots into 34 Residential Lots, New Road, Park and Balance Land) on 27 January 2021. Following advice from Council to the Applicant that a Development Permit for would not be supported until such time that the Pinecrest Master Planned Community Structure Plan application has been approved, the applicant requested that a Preliminary Approval be issued in lieu of the requested Development Permit. On 21 May 2021, Council issued the Preliminary Approval pursuant to section 60(5) of the Planning Act 2016. The Applicant submitted change representations requesting a Negotiated Decision Notice on 25 May 2021 in accordance with section 75 of the Planning Act 2016. The change representations requested that Council issue a Development Permit for the development. Updated change representations were submitted to Council on 26 August 2021 to also allow consideration of an amended plan with a cul-de-sac head rather than a through-road at the northern extent of the stage. Rocky Creek Boundary Realignment (Council Ref: 8/13/2384) On 25 June 2021, Council issued a Development Permit for a Boundary Realignment (2 Lots into 2 Lots) over the site. The development involved the realignment of the common boundary between Lot 300 and Lot 100 on SP315904 to align with the boundaries of Rocky Creek Stage 1 and Stage 2 and also to facilitate the required land acquisition for the upgrades to Cooper Road to the ultimate design. As a result of this boundary realignment, the plan number for the subject land has changed from SP315904 to SP322661. Summary of Development Applications within the Pinecrest Master Planned Community Area

File Number

Development Details Status

8/13/2276 Boundary Realignment Application for a Development Permit for Reconfiguring a Lot (Boundary Realignment for 2 Lots into 2 Lots)

- Lodged 20/12/2019 - Development Permit issued on

9/04/2020 - Minor Change application lodged on

11/05/2020 - Minor Change Decision Notice issued

on 21/05/2020

8/13/2277 The Grove Application for a Development Permit for Reconfiguring a Lot (2 Lots into 31 Lots, Plus New Road)

- Lodged on 24/01/2020 - Preliminary Approval issued on

14/08/2020 in accordance with s60(5) of the Planning Act 2016

- Current Request for a Negotiated Decision to change to a Development Permit

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8/13/2307 Rocky Creek Stage 1 Application for a Development Permit for Reconfiguring a Lot (1 Lot into 48 Lots, Plus New Road, Park and Balance Land)

- Lodged on 20/07/2020 - Development Permit issued 20/10/2020 - Negotiated Decision Notice issued

19/01/2021 - Approved Conversion of 225mm and

300mm nominal diameter wastewater gravity mains to trunk infrastructure on 09/06/2021

- Amended Decision Notice and Infrastructure Charges Notice (as a result of Conversion Application) issued on 03/08/2021

8/13/2318 Pinecrest Master Planned Community (PMPC) Structure Plan Application for a Preliminary Approval for Reconfiguring a Lot (7 Lots into 883 Lots, Plus New Road, Parks and Balance Land)

- Lodged on 28/08/2020 - Council issued an Information Request

on 25/09/2020 - Applicant provided the Response to

Council’s Information Request on 24/09/2021

- Referral Agency Response provided on 13/10/2021

-

8/13/2357 (Subject application)

Rocky Creek Stage 2 Application for a Development Permit for Reconfiguring a Lot (2 Lots into 34 Residential Lots, New Road Park and Balance Land)

- Lodged on 27/01/2021 - Preliminary Approval issued on

21/05/2021 in accordance with s60(5) of the Planning Act 2016

- Current Request for Negotiated Decision to change to a Development Permit

8/13/2384 Rocky Creek Boundary Realignment Application for a Development for Reconfiguring a Lot (Boundary Realignment for 2 Lots into 2 Lots)

- Lodged on 05/05/2021 - Decision Notice issued on 25/06/2021

PROPOSAL The proposed development involves the creation of 34 vacant freehold parcels ranging from 716m2 to 2,061m2 for the purpose of supporting future residential development known as Stage 2 of Rocky Creek, part of the wider PMPC. The lots within Stage 2 are made up of the following:

Lot Number Area 201 800m2

202 800m2

203 811m2

204 806m2

205 840m2

206 841m2

207 841m2

208 841m2

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209 841m2

210 841m2

211 841m2

212 1000m2

213 1000m2

214 1000m2

215 STAGE 2B

216 STAGE 2B

217 998m2

218 799m2

219 790m2

220 800m2

221 800m2

222 886m2

223 STAGE 2B

224 STAGE 2B

225 STAGE 2B

226 STAGE 2B

227 844m2

228 802m2

229 802m2

230 834m2

231 803m2

232 791m2

233 794m2

234 STAGE 2B

235 STAGE 2B

236 2061m2

237 687m2

238 952m2

239 953m2

240 716m2

241 949m2

242 1270m2

CHANGE REPRESENTATIONS The Applicant submitted change representations requesting a Negotiated Decision Notice on 25 May 2021 in accordance with section 75 of the Planning Act 2016. The change representations requested that Council issue a Development Permit for the development, rather than the previously issued Preliminary Approval. The Applicant submits that the material provided in support of the application supports the issue of a Development Permit, particularly in light of the status of the application for the PMPC. Updated change representations were submitted to Council on 26 August 2021 to also allow consideration of an amended plan with removal of the through-road to Lot 3 on SP134760 and replacing this with a cul-de-sac head within the Stage 2 boundary.

290


Approved Plans and Drawing Table Applicant’s Representation: The Applicant has provided an amended plan of reconfiguration which includes a minor change from what was originally proposed. The change to the plan are as follows:

• Removal of the through-road to Lot 3 on SP134760 and replacing this with a cul-de-sac head within the Stage 2 boundary;

• The Stage 2 boundary has shifted slightly to incorporate and reflect the cul-de-sac head;

• The lot numbers have been amended.

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Assessment Manager’s Consideration: The primary access to the subdivision is via Cooper Road and connectivity to Lot 3 on SP134760 (which has frontage to Mount Peter Road) is not required. It is considered that the proposed change is minor in the context of the approval and can be considered as part of the change representations. It is recommended that the approved plan table is amended to reference the correct drawing number: PART A: RECONFIGURING A LOT APPROVED DRAWING(S) AND/OR DOCUMENT(S) The term ‘approved drawing(s) and/or document(s)’ or other similar expression means:

Drawing or Document Reference Date Proposed Reconfiguration Job No. Q194095 Plan No.:

Q194095-SP01 EF prepared by Cardno (Qld) Pty Ltd

25 January 2021 18 August 2021

Note: The extent of this approval relates solely to Stage 2 shown on the approved drawings.

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Conditions 1, 2, 3 4, 5 Applicant’s Representation: The Applicant has requested that a Development Permit be issued rather than a Preliminary Approval, in light of the status of the application for the Pinecrest Master Planned Community. Assessment Manager’s Consideration: The Pinecrest Master Planned Community Structure Plan due to be decided at the Planning & Environment Committee Meeting on 10 November 2021. The approval of this application will allow for the issue of a Development Permit for Rocky Creek Stage 2. Changes to Conditions 1, 2, 3, 4 & 5 are required to reflect approval for a Development Permit, rather than a Preliminary Approval. Conditions 1, 2, 3, 4, 5 are recommended to be amended as follows: Lapse of Approval 1. This Preliminary Approval Development Permit, granted under the provisions of the

Planning Act 2016, shall lapse ten (10) six (6) years from the day the approval takes effect in accordance with the provisions of Section 8885 of the Planning Act 2016.

Timing of Effect 23. Unless otherwise specified in conditions of this approval, the conditions of this

Preliminary Approval Development Permit must be carried out prior to obtaining a Development Permit for Reconfiguring a Lot Council’s approval of the Plan of Survey.

Limitation of Effect of Approval 34. This Preliminary Approval Development Permit relates to the lots contained in Stage

2 shown on the Approved Plans only. Water Supply and Sewerage Master Plan (Internal) 45. An updated Water Supply and Sewerage Master Plan of all stages of Rocky Creek,

accompanied by supporting calculations must be provided which demonstrates how the development can be internally serviced. The master plan must reflect all constructed and approved stages. The Water Supply and Sewerage Master Plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

293


Water Supply and Sewerage Infrastructure Plan (External) 56. An updated Water Supply and Sewerage Infrastructure Plan and supporting

information including hydraulic network analysis must be submitted demonstrating how the development will be serviced by Council’s Infrastructure. In particular the plan must: a. Identify external catchments that will be connected to the internal sewer or

water networks Address the requirements set out in the Preliminary Approval for the Pinecrest Master Planned Community Structure Plan (Ref: 8/13/2318);

b. Identify any trunk infrastructure external to the subdivision that may require

upgrading to accommodate the development Reflect all constructed and approved stages.

The water supply and sewerage infrastructure plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works.

Conditions 6 & 7 Assessment Manager’s Consideration: Condition 6 - Traffic Detailed infrastructure conditions are now required to reflect the issue of a Development Permit rather than a Preliminary Approval. Therefore, Condition 6 is able to be deleted. Condition 7 – Structure Plan It is considered that the proposal complies with the Pinecrest Master Planned Community Structure Plan, have regard to the following:

• Rocky Creek Stage 2 is within the Low Density Residential Precinct of the Structure Plan;

• The Rocky Creek subdivision is included within the first stage of the Pinecrest Master Planned Community area in accordance with the Structure Plan staging (refer Figure 3);

• The proposal promotes a low density residential scale and character;

• The lot sizes and layout are responsive to the constraints of the land;

• The development provides for predominantly larger lot sizes and detached dwelling houses;

• Open space and recreation opportunities are provided to meet the needs of the precinct residents; and

• The lot sizes are generally 600-1000m2 with some lots exceeding 1000m2 where responsive to constraints (slope, waterways, and vegetation).

The PMPC Structure Plan demonstrates that, while the Rocky Creek Precinct does not achieve the dwelling yield targets as required by the Mount Peter Local Plan Code, these yields can be achieved across the balance of the structure plan area, through the Low-Medium Residential Density and Medium Residential Density Precincts identified in the Structure Plan (refer Figure 3). Figure 3 – Pinecrest Master Planned Community Structure Plan Map

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It is recommended that Condition 6 (Traffic) and Condition 7 (Structure Plan) are deleted in their entirety: Traffic 6. The Applicant/Landowner must undertake a detailed design in consultation with

Council for the future trunk road (LGIP item: TRF430), being Cooper Road, from Mount Peter Road to the development to a 2-lane median divided sub-arterial road in accordance with the FNQROC Development Manual. The design must also detail the ultimate alignment of all associated infrastructure and services and identify land for resumption.

Structure Plan 7. The proposed development, as shown on Plan No.: Q194095-SP01 E dated 25

January 2021, prepared by Cardno, must be amended where necessary to accommodate any required changes to ensure consistency with a Structure Plan for the area, prior to obtaining a Development Permit for Reconfiguring a Lot.

295


Conditions 2 & 7 - 36 Assessment Manager’s Consideration: New conditions are required to be added to reflect the issue of a Development Permit rather than a Preliminary Approval. It is recommended that Condition 2 & Conditions 7-36 are added as outlined in the recommendation contained in this report. Further Advice Assessment Manager’s Consideration: Changes to the Advice Notes are required to reflect the issue of a Development Permit rather than a Preliminary Approval, as outlined in the recommendation contained in this report. PART B: INFRASTRUCTURE CHARGES Assessment Manager’s Consideration: Infrastructure Charges were not previously levied as the Preliminary Approval did not authorise development to occur. Charges are now required to be levied with the issue of a Development Permit, in accordance with Council’s Charges Resolution No. 1 of 2021. The applicable charge has been calculated in accordance with the Resolution and section 120 of the Planning Act 2016. A copy of the calculations is contained in Appendix 3. ATTACHMENTS: 1. Approved Plan(s) & Document(s) 2. FNQROC Standard Drawings 3. Infrastructure Charges Calculations

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Isabella Kennedy Action Officer, Senior Planner on 26 October 2021

Kelly Barnes Manager Development, Planning & Property

Martin Garred Interim General Manager Planning & Environment

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

298


APPENDIX 2: FNQROC STANDARD DRAWINGS

299


APPENDIX 3: INFRASTRUCTURE CHARGES CALCULATIONS

change representations for reconfiguring a lot for …

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