live-#3978620-v1-agenda planning and economic committee 12 ... · by roadnet (council doc# 3731277)...

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Agenda – Planning and Economic Committee 12 June 2013 - #3978620

PLANNING AND ECONOMIC COMMITTEE

12 JUNE 2013 1

MATERIAL CHANGE OF USE (CODE ASSESSABLE) FOR CHILD CARE CENTRE AND CARAVAN AND RELOCATABLE HOME PARK – 49-61 PEASE STREET AND 22 RESERVOIR ROAD, MANOORA – DIVISION 7 Neil Beck : 8/7/2599: #3732562

PROPOSAL: CHILD CARE CENTRE AND CARAVAN AND

RELOCATABLE HOME PARK APPLICANT: LES WILLIAMS C/- PROJEX PARTNERS PTY LTD T/AS PRP

PLANNING PO BOX 4751 CAIRNS QLD 4870 LOCATION: 49-61 PEASE STREET & 22 RESERVOIR ROAD,

MANOORA PROPERTY: LOTS 9 &10 ON RP711981 & LOT 2 ON

RP727322 PLANNING DISTRICT: INNER SUBURBS PLANNING AREA: RESIDENTIAL 3 PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: DEPARTMENT OF TRANSPORT & MAIN

ROADS (DTMR) NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 2 JULY 2013 APPLICATION DATE: 9 OCTOBER 2012 DIVISION: 7 APPENDIX: 1. EXECUTIVE PLAN 2. APPROVED PLAN(S) & DOCUMENT(S) 3. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 4. DEVELOPER CONTRIBUTION CALCULATIONS

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LOCALITY PLAN

RECOMMENDATION: That Council approves the development application for Child Care Centre and Caravan and Relocatable Home Park over land described as Lots 9 &10 on RP711981 & Lot 2 ON RP727322 and located at 49-61 Pease Street & 22 Reservoir Road, Manoora 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 Existing Site Plan Drawing ref no P11-006-01 Rev B

prepared by Williams Group (Council ref no 3751269).

14 Sept 2012

Proposed Childcare Development – Site Plan

Drawing ref no P11-006-02 Rev C prepared by Williams Group (Council ref no 3751269).

14 Sept 2012

Entry/Exit Details, Central Admin Facilities, Notes

Drawing ref no P11-006-03 Rev D prepared by Williams Group (Council ref no 3813445).

6 Dec 2012

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Elevations 1 of 3 Drawing ref no P11-006-05 Rev A prepared by Williams Group (Council ref no 3751269).

14 Sept 2012


14 Sept 2012


14 Sept 2012

Traffic Management Plan

Drawing ref no P11-006-04 Rev C prepared by Williams Group (Council ref no 3751269).

14 Sept 2012

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; 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.

Damage to Council Infrastructure 3. In the event that any part of Council’s existing sewer / water or road

infrastructure is damaged as a result of construction activities occurring on the site, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at no cost to Council prior to the Commencement of Use.

Water Supply and Sewerage Works Internal 4. Undertake the following water supply and sewerage works internal to the

subject land:- a. The development must be serviced by a single internal water and

sewerage connection made clear of any buildings or structures;

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b. Any redundant sewer property connection and water connection shall be decommissioned and removed;

c. The PCB and sewer upstream of the common boundary of Lot 11

RP711981 must be decommissioned and capped off.

All 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 5. 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 6. 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.

Vehicle Parking 7. The amount of vehicle parking must be as specified in Council's Planning

Scheme which is a minimum of 123 spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked, and constructed so as to integrate smoothly with the existing internal roadway onsite.

Access 8. No vehicle access is permitted via Little Pease Street for the Child Care

Centre component of the development as such an access arrangement would have an unacceptable impact on the operation and functionality of the local road network and intersections in the immediate locality.

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Internal Roadway 9. The internal roadway intended to be retained is to be assessed taking into

account the vehicular traffic demand outlined in the Traffic Report prepared by RoadNet (Council Doc# 3731277) to confirm that the concrete is of sufficient integrity to accommodate the demand triggered by the new use, including service vehicles and construction vehicles.

Protection of Landscaped Areas from Parking 10. Landscaped areas adjoining the parking area must be protected by a

150 mm high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

Parking Signage 11. Erect signs advising of the location of the off-street visitor parking area and

access thereto. The signs must be erected prior to Commencement of Use. One (1) sign must be located on the Reservoir Road frontage.

Bicycle Parking 12. Provide secured, on-site bicycle parking in accordance with Table 10-1 of

AUSTROADS Guide to Traffic Engineering Practice Part 14 – Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking spaces required for this development is fifteen (15) spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Lighting 13. All lighting installed upon the premises including car parking areas must be

certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

External Works 14. Undertake the following works external to the land at no cost to Council:

a. Upgrade the existing 1.2 metre wide footpath to 2 metres in width for the full frontage of the site along Reservoir Road;

c. Make good the kerb(s) at redundant crossover(s);

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d. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

The external works outlined above require approval from Council in

accordance with Local Law No.1 (Administration) and Local Law No.4 (Local Government Controlled Areas, Facilities and Roads). 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.

Construction Access 15. Vehicular access to the site for construction and demolition purposes must

be provided from Reservoir Road only, unless authorised by the Chief Executive Officer.

16. Dust emissions or other air pollutants, including odours, must not extend

beyond the boundary of the site and cause a nuisance to surrounding properties.

Storage of Machinery and Plant 17. The storage of any machinery, material and vehicles must not cause a

nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Demolish Structures 18. All structures not associated with the approved development (including

disused services and utilities) must be demolished and/or removed from the subject land prior to Commencement of Use.

Amalgamation of Lots Required 19. The applicant/owner must amalgamate Lots 9 and 10 on RP711981 and Lot 2

on RP727322 into one lot. The Plan of Survey must be registered with the Department of Natural Resources & Mines and a new certificate of title issued prior to Commencement of Use.

Landscaping Plan 20. The site must be landscaped in accordance with details included on a

Landscaping Plan. The Landscaping Plan must show:

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Planting Design

a. The location and species of all existing trees, with an indication as to whether each tree is to be retained or removed, and natural and finished ground levels if filling is to occur in the vicinity of any tree.

b. A planting design which is in accordance with the FNQROC Development Manual;

c. A planting design that does not include any species that are identified

as Declared or Environmental Weeds or constitute an Invasive Species; d. Provide a hierarchy of planting, which includes shade trees, shrubs and

groundcovers. e. A planting design that includes provision of garden beds with dense

screening either side of the proposed access entry off Reservoir Road, as well as along the rear boundary of Lot 2 in order to screen the development from adjoining residential land uses.

Hard Landscaping Works f. Protection of landscaped areas adjoining parking areas from vehicular

encroachment by a 150 mm high vertical concrete kerb or similar obstruction;

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs first. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Landscaping 21. Any necessary pruning of trees is to be in accordance with the Australian

Standard Pruning of amenity trees AS 4373-2007. 22. All trees to be retained are to be protected in accordance with the

Australian Standard Protection of trees on development sites AS 4970-2009.

23. An audit of the site for poisonous and dangerous plants that are known to

cause skin and/or eye irritations is to be undertaken by a suitably qualified person. All plants identified as unsuitable for use in a Child Care Centre are to be removed prior to Commencement of Use.

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24. The landscaping is to be maintained free of poisonous plants and plants that are known to cause skin and/or eye irritations.

25. All trees are to be inspected by a suitably qualified Arborist prior to the

commencement of use. Any trees identified as potentially dangerous should be removed and all trees should have any dead wood and dangerous branches and/or growth removed prior to the Commencement of Use.

Lawful Point of Discharge 26. 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 from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Ponding and/or Concentration of Stormwater 27. The proposed development is not to create ponding nuisances and/or

concentration of stormwater flows to adjoining properties. Minimum Fill and Floor Levels 28. All floor levels in all buildings must be located 150 mm above the Q100 flood

immunity level of 3.5 metres AHD (i.e. minimum 3.65 metres AHD), plus any hydraulic grade effect (whichever is the greater), in accordance with the CBD & Environs DMP, FNQROC Development Manual and Planning Scheme requirements.

Details of Development Signage 29. The development must provide clear and legible signage incorporating the

street number for the benefit of the public. Advertising Signage 30. Signs on the subject land must conform with Local Law 28 applied under the

Cairns Regional Council Control of Advertising (Application of a Continuing Local Law) Local Law 2011 to the requirements and satisfaction of the Chief Executive Officer.

Construction Signage 31. Prior to the commencement of any construction works associated with the

development, a sign detailing the project team must be placed on the road frontage of the site and must be located in a prominent position. The sign must detail the relevant project coordinator for the works being undertaken on the site, and must list the following parties (where relevant) including telephone contacts:

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a. Developer; b Project Coordinator; c. Architect / Building Designer; d. Builder; e. Civil Engineer; f. Civil Contractor; g. Landscape Architect Crime Prevention Through Environmental Design 32. All lighting and landscaping requirements are to comply with Council’s

General Policy Crime Prevention Through Environmental Design (CPTED). Health 33. Noise from air-conditioning units, swimming and spa pool filters, service

equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of Chapter 8 Part 3B of the Environmental Protection Act 1994.

34. Swimming pool water quality must be maintained in accordance with the

Queensland Health Swimming and Spa Pool Water Quality and Operational Guidelines 2004.

Air-Conditioning Screens 35. 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.

Electricity Supply 36. Above ground transformer cubicle and/or electrical sub-station are to be

positioned so that they do not detract from the appearance of the streetscape and must be clear of footpath areas. This will require cubicles / sub-stations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building.

Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work. If a sub-station is not required then an underground consumer mains is required that is connected to a pillar supplied by underground distribution service installed by Ergon Energy.

37. Development Approval conditions relating to the electricity supply must be

provided to Ergon Energy at the same time as the application for power supply.

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CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency

Concurrence Agency Reference

Date Council Electronic Reference

DTMR TMR12-004324 (4035) 20 Feb 2013 3891884 Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). FURTHER 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 339 or Section 363 of the Sustainable Planning Act 2009.

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. 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, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Adopted Infrastructure Charges Notice has been

calculated according to Council’s Adopted Infrastructure Charges Resolution.

Please note that this Decision Notice and the Adopted Infrastructure

Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

The amount in the Adopted Infrastructure Charges Notice is subject to index

adjustments and may be different at the time of payment. Please contact the Development Assessment team at Council for review of the charge amount prior to payment.

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The time when payment is due is contained in the Adopted Infrastructure Charges Notice.

5. For information relating to the Sustainable Planning Act 2009 log on to

www.dsdip.qld.gov.au. To access the FNQROC Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

LAND USE DEFINITIONS In accordance with CairnsPlan the approved land use of Child Care Centre is defined as: Means the use of premises for the minding or care, but not residence, of children generally under school age. The use includes facilities commonly described as a kindergarten, crèche or preschool centre. The use does not include the use of a House for the minding or care of children in accordance with the Child Care (Family Day Care) Regulation 1991. *This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

EXECUTIVE SUMMARY: Council is in receipt of a Code Assessable Material Change of Use application which involves the conversion of the western half of the site from its current use as a Caravan Park to a Child Care Centre. The eastern half of the site is intended to retain the Caravan Park land use. The Child Care Centre has a maximum capacity for 556 children and 72 staff members, and is designed to retain existing infrastructure onsite, including the amenities buildings, internal roads and driveways, drainage, water supply, sewerage, electricity infrastructure and landscaping. Staff and casual parking is provided adjacent to Reservoir Road at the entrance/exit, limiting vehicles circulating through the site to parents dropping off and picking up children, as well as mini buses which are to be utilised to transport children to and from the centre. The existing site plan, which illustrates the portion of the site proposed to be utilised for a Child Care Centre, is attached at Appendix 2, and the proposed site plan focusing solely on the proposed Child Care Centre (the Executive Plan) is attached at Appendix 1 The Department of Transport & Main Roads (DTMR) as a Concurrence Agency has conditioned the development prohibiting vehicle access to the site via Reservoir Road and that access must be obtained via Little Pease Street. Such an arrangement would have an unacceptable impact on the local street network in particular localised intersections to the extent that the development would not be supported if this were to be proposed. However, as the development application is not seeking this access arrangement, Council, as the Assessment Manager is obliged to undertake an assessment of the development as submitted by the Applicant.

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The application is recommended for approval despite the conflict bought about by the conditions forwarded by DTMR. The resolution of this conflict or point of difference is a matter for the Applicant and DTMR to resolve. PLANNING CONSIDERATIONS: Background On 8 November 1971 Council issued a Consent Permit for a Caravan Park, and the Sunland Caravan Park continues to operate to the present day. Proposal The proposal involves the conversion of the western section of the existing Caravan Park, along with two lots that front Reservoir Road, from Caravan Park to a Child Care Centre with a maximum capacity of 556 child care places and maximum anticipated staff levels of 72 persons. The existing site plan is attached at Appendix 2, the proposed site plan focusing solely on the proposed Child Care Centre (the Executive Plan) is attached at Appendix 1 and all other proposal plans are attached at Appendix 2. Vehicular access for the Child Care Centre is proposed to be via Reservoir Road, while access for the remaining Caravan Park will continue to be via Little Pease Street. The proposal will result in approximately 78 caravan, cabin and mobile home sites being extinguished, and will leave the eastern portion of the site with a total of 98 caravan, cabin and mobile home sites. The Child Care Centre is designed to retain existing infrastructure onsite, including the amenities buildings, internal roads and driveways, drainage, water supply, sewerage, electricity infrastructure and landscaping. Staff and casual parking is provided adjacent to Reservoir Road at the entrance/exit, limiting vehicles circulating through the site to parents dropping off and picking up children, as well as mini buses which are to be utilised to transport children to and from the centre. A total of 123 vehicle parking spaces will be provided, including 7 spaces allocated to mini bus parking, and 4 disabled vehicle parking spaces. The original application included a Caretaker’s Residence, however this element of the application has been withdrawn. CairnsPlan Assessment

CairnsPlan Inner Suburbs Planning District

Code Applicability

Compliance

Planning Area Residential 3 Complies – see comment

below

Land Use Child Care Centre Complies – see comment

below

Overlays

Hillslopes - Vegetation Conservation & Waterway Significance Complies Character Precinct - Potential or Actual Acid Sulphate Soil Material Complies Bushfire Management - Flood Management Complies Height and Impact of Buildings -

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Operational Aspects of the Cairns International Airport

Complies

Local Heritage Code -

General

Excavation and Filling Code Complies Infrastructure Works Code Complies

Landscaping Code Complies – see comment

below Parking & Access Code Complies Reconfiguring a Lot Code - Development Near Major Transport Corridors & Facilities

Complies – see comment

below

Compliance Issues Residential 3 Planning Area Code The proposal is able to support the following purpose statements of the Code: Urban consolidation and the efficient use of physical and social infrastructure are

facilitated; and The establishment of facilities which provide ancillary services to the community is

facilitated. In addition, the proposal complies with the vast majority of Performance Criteria and/or Acceptable Measures. Performance Criteria P5 states that development is not to adversely affect the amenity of the planning area and adjoining land uses. All land adjoining the site is located in the Residential 3 Planning Area, and is primarily residential in nature, being utilised for either detached houses or multi-unit housing. While the scale of the proposal, which has a maximum capacity for 556 child care spaces, is of concern, particularly from the point of view of potential traffic impacts at peak hour travel times, it is noted that the land has been utilised for a higher intensity use since the 1970’s. The proposed change in use will result in reduced hours of operation in comparison with the existing Caravan Park use, and a reduction in the numbers of large vehicle traffic (caravans and the like) on local streets, particularly with the use accessing the site from Reservoir Road as opposed to Little Pease Street. Child Care Centre Land Use Code Acceptable Measure A1.1 states that Child Care Centres are to be located in the Residential 3 Planning Area where the land is proximate to a school, library or cluster of community uses, in order to contribute to the cluster of such uses. The proposal does not comply with the Acceptable Measure, however it is viewed to comply with the associated Performance Criteria as the site is located conveniently in terms of servicing families commuting from the north and west of the city centre towards the city for work.

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The proposal does not comply with Acceptable Measure A1.2, which states that Child Care Centres are to be located no closer than 400 metres from a Detached Bottle Shop. However in this instance, the nearest Bottle Shop is located on the opposite side of Reservoir Road, which is viewed to be an effective barrier between the two sites. It is further noted that Reservoir Road is a public transport route with a bus stop proximate to the proposed entrance point, demonstrating compliance with Acceptable Measure A1.3. Acceptable Measure A1.4 reads that a Child Care Centre is to be located with access to a road other than a Local Access Street or an Arterial Road. Access via Reservoir Road is viewed to comply with the associated Performance Criteria, as this avoids directing traffic into a residential area, thereby minimising adverse impacts from traffic on the surrounding residential enclave and local road network. It is noted that the staff vehicle parking area setback from Reservoir Road is less than the 6 metre setback detailed in Acceptable Measure A3.1. However, taking into account the constraints of the site, locating the staff vehicle parking at the entrance to the site will minimise vehicular traffic circulating the site, which will increase the efficiency of the traffic flow within the site at peak morning and afternoon drop off and pick up times. The proposal is considered to comply with the acceptable solution, subject to appropriate screening in the form of landscaping particularly along the entry boundaries and the rear of the site in order to reduce potential conflict with the adjoining residential land use. Landscaping General Code As mentioned above, the Child Care Centre is designed to retain existing infrastructure onsite, including established landscaping. Utilising the existing landscaping is preferred, as it will result in the retention of a number of mature trees on the site. The site does contain a number of plant species that are unsuitable for a Child Care Centre as they are either poisonous or cause skin and eye irritations. The approval is conditioned to ensure that the trees are protected throughout the works and construction phases in accordance with Australian Standard Protection of trees on development sites AS 4970-2009, and that any necessary pruning of trees is undertaken in accordance with AS 4373-2007 Pruning of amenity trees. The approval is also conditioned to require inspection of all trees by a qualified Arborist prior to commencement of use to ensure that any trees identified as potentially dangerous should be dealt with prior to commencement of use. Further, the approval is conditioned to require an audit of the site for poisonous and dangerous plants to be undertaken by a suitably qualified person and that all plants identified as unsuitable for use in a Child Care Centre are to be removed prior to the commencement of the use

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Development Near Major Transport Corridors & Facilities General Code Of primary concern with this application, taking into account the scale and nature of the use and constraints with regard to access, is potential for adverse impacts upon traffic in the area and both the transport corridor and local road network. The purpose of the Code is to ensure that development does not compromise the safety and efficiency of major transport corridors and facilities. The use will intensify demand on the roads and traffic flow particularly during morning and afternoon peak travel times. While the application provides for vehicular access via Reservoir Road, the Department of Transport and Main Roads (DTMR) as a Concurrence Agency have supplied conditions requiring access to the site to be via Little Pease Street only. A review of the application documentation, including a Traffic Impact Assessment, reveals that the proposal would result in unacceptable adverse impacts on the local road network and traffic flow, should the vehicular access be via Little Pease Street. Little Pease Street is able to accommodate the vehicular traffic generated by the existing Caravan Park use, however the nature of the use is such that vehicular traffic to and from the site is spread across the day irregularly, with no particular increase in intensity during peak morning and afternoon travel times. Access via Little Pease Street for a Child Care Centre generates unacceptable levels of additional demand on the road network during peak travel times and particularly a number of intersections in close proximity to the site. Modelling supplied as supporting documentation for the application takes into account initial numbers of attendees at the Child Care Centre, and also models the Centre at full capacity. The modelling indicates that the level of service (LOS) of local road network intersections at the present time, if impacted by access via Little Pease Street, would dip to unacceptable levels. Further, a redesign of the site such that both the Caravan Park and the Child Care Centre are accessed via Little Pease Street will also result in conflict between two relatively incompatible uses from the perspective of vehicular traffic. It is also considered optimal that the two uses operate independently of one another and retain separate access points from a child safety perspective. It is likely that at full capacity the Child Care Centre will impact traffic efficiency on Reservoir Road during peak hours, however it is considered that the form and density of the development is compatible with the intended role of the corridor and the facility, and that the proposal will not prejudice traffic safety. It would certainly be more inappropriate and potentially more disruptive to access a project of this scale from lower order residential streets. The proposal is set back well away from Reservoir Road, as such the Child Care Centre will be protected from potential impacts of Reservoir Road, such as dust, noise or fuel combustion emissions. The proposal will not have an adverse impact on the Reservoir Road streetscape, as it is recessed behind the existing residential development that fronts Reservoir Road and contains existing landscaping. The approval is also conditioned to require landscaping at the entry.

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The proposal is able to comply with the Code. It is recommended that the application be approved in its current form, that is, subject to vehicular access via Reservoir Road only. Parking and Access Code The proposal complies with the requirements of the Code in terms of vehicle parking spaces. and is conditioned to comply with the relevant Australian Standard, AS2890.1 – Off street parking code. Further, the approval is to be undertaken in accordance with the Traffic Management Plan in order to ensure safety for vehicles, cyclists and pedestrians traversing the site. The Traffic Management Plan is attached at Appendix 2. ADOPTED INFRASTRUCTURE CHARGES The proposed development triggers Adopted Infrastructure Charges, however the proposed change from Caravan Park to Child Care Centre results in a significant reduction in demand on the site, therefore no infrastructure charges are payable. It is noted that in addressing infrastructure charges in the supporting documentation to the application, the applicant indicated an expectation that Council will credit the reduction in EDC to future projects undertaken by the applicant or his associated companies. To be clear, credits are applicable to the subject land based on the particulars of this application, however Council’s policy does not enable the transfer of credits from one parcel of land to another, regardless of whether the applicant or his associated companies are involved in an unrelated development. Refer to Appendix 4 to view calculations. REFERRAL AGENCY RESPONSE: The Department of Transport and Main Roads (DTMR) was triggered as a Concurrence Agency. It is noted that this report recommends approval of the proposal in its current form, with vehicular access to and from the portion of the site to be utilised for a Child Care Centre via Reservoir Road only. This contradicts with DTMR conditions of approval which require vehicular access via Little Pease Street only. DTMR conditions of approval include a condition which states that the permitted road access location for the development between the subject site and state-controlled roads Reservoir Road, Pease Street and Anderson Street is via Little Pease Street only. Conditions of approval imposed by DTMR also state that direct access is not permitted between the state-controlled roads and the subject site at any location other than the permitted road access location. Further, DTMR have also stated that vehicular access between Reservoir Road and Lots 9 & 10 on RP711981 of the subject site is not permitted, and that the applicant is required to provide a vehicle proof barrier along the state-controlled road frontage of Lots 9 & 10 on RP711981 and the installation of this barrier must not prevent pedestrian and bicycle access between Reservoir Road infrastructure and the subject site. The complete response from DTMR (Council ref no 3891884) is attached at Appendix 3.

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Neil Beck Acting Manager Development Services

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APPENDIX 1 EXECUTIVE PLAN

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APPENDIX 2 APPROVED PLAN(S) & DOCUMENT(S)

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APPENDIX 3 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 4 ADOPTED INFRASTRUCTURE CHARGES

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