ordinary meeting 7 - cairns.qld.gov.au

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Agenda – Ordinary Meeting 22 September 2021 - #6727256

ORDINARY MEETING

22 SEPTEMBER 2021 7

RECONFIGURING A LOT (1 LOT INTO 2 LOTS) AND EARLY REFERRAL

AGENCY RESPONSE – 1 SABINE CLOSE, MOUNT SHERIDAN – DIVISION

3

Jayne Carter | 8/13/2399 | #6696580

PROPOSAL: RECONFIGURING A LOT (1 LOT INTO 2 LOTS) AND EARLY REFERRAL AGENCY RESPONSE LEVEL OF ASSESSMENT: CODE ASSESSMENT LANDOWNER: M DESSINIOTIS APPLICANT: M DESSINIOTIS C/- STUDIO MANGO 457 DRAPER ST PARRAMATTA PARK QLD 4870 LOCATION: 1 SABINE CLOSE, MOUNT SHERIDAN PROPERTY: LOT 37 ON RP749762 PLANNING SCHEME: CAIRNSPLAN 2016 v2.1 LOCAL PLAN: NONE ZONE: LOW DENSITY RESIDENTIAL REFERRAL AGENCIES: COUNCIL AS REFERRAL AGENCY (QDC) NUMBER OF SUBMISSIONS: NONE STATUTORY ASSESSMENT DEADLINE: 1 SEPTEMBER 2021 APPLICATION DATE 28 JUNE 2021 DIVISION: 3 ATTACHMENTS: 1. PROPOSED PLANS

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LOCALITY PLAN

RECOMMENDATION

RECONFIGURING A LOT A. That Council refuses the development application seeking a Development

Permit for Reconfiguring a Lot (1 Lot into 2 Lots) over land formally described as Lot 37 on RP749762 situated at 1 Sabine Close, Mount Sheridan for the following reasons:

a. The proposed development does not promote and retain the planned

Low Density Residential character of the immediate surrounding neighbourhood and would result in a development that is out of context to its surrounds, which is inconsistent with the local government purpose of the Low Density Residential Zone Code;

b. The proposed development does not maintain the high level of

residential amenity reasonably expected by the community as informed by the Planning Scheme, in particular, the Low Density Residential Zone Code Overall Outcome (3)(b);

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c. The proposed development does not maintain the planned low density character as identified in the Low Density Residential Zone Code Overall Outcome (3)(c);

d. The proposed development does not contribute to a high standard of

amenity as required by Purpose statement 1(a) of the Reconfiguring a Lot Code;

e. The proposed development does not result in lots that are suitable for

their intended use being low density residential as required by Purpose statement 1(b) of the Reconfiguring a Lot Code;

f. As outlined in items (a), (b) and (c) above, the development is

inconsistent with the Purpose and Overall Outcomes of the Low Density Residential Zone Code and therefore does not comply with Performance Outcome PO1 of the Reconfiguring a Lot Code; and

g. Compliance with the relevant assessment benchmarks can not be

achieved by imposing lawful development conditions. REQUEST FOR EARLY REFERRAL AGENCY RESPONSE B. That Council refuses to provide an Early Referral Agency Response under

Section 57 of the Planning Act 2016 for the proposed Building Work on proposed Lot 2 on the basis that Part A: Reconfiguring a Lot is refused.

EXECUTIVE SUMMARY

Council is in receipt of a development application seeking a Development Permit for Reconfiguring a Lot (1 Lot into 2 lots) and a request for an Early Referral Agency Response over 1 Sabine Close, Mount Sheridan on land formally described as Lot 37 on RP749762. The proposal involves the subdivision of Lot 37 on RP749762 into 2 lots for residential purposes as follows:

• Proposed Lot 1 – 440m², containing the existing Dwelling; and

• Proposed Lot 2 – 366m², to accommodate a future Dwelling. The subject lot is an 806m2 corner lot with frontage to both Sabine Close and Paluma Street and contains an existing Dwelling House, with a crossover to Paluma Street. The immediate locality is characterised by larger lots in the range of 700m2 to 1,589m2 containing single detached dwellings and located within the Low Density Residential Zone.

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The site is located within the Low Density Residential Zone of CairnsPlan 2016 2.1 (CairnsPlan). The proposed development for Reconfiguring a Lot (1 lot into 2 lots) is subject to the procedures of code assessment and the application has been assessed against the Low Density Residential Zone Code, Reconfiguring a Lot Code, applicable overlay codes and development codes of the CairnsPlan. The application did not require referral to the State Assessment Referral Agency (SARA); however, did include a request for an early referral agency response from Council in relation to a proposed siting dispensation for a new Dwelling on proposed Lot 2. The proposal does not comply with a number of Acceptable Outcomes, Performance Outcomes, Overall Outcomes and Purpose Statements of the relevant codes within the CairnsPlan. The proposal seeks to effectively change the local government purpose of the zoning of the site by developing at a higher density than is anticipated for the Low Density Residential zone and what are considered the reasonable expectations of the community and neighbouring properties within the area. Officers consider the proposed lot configuration to be inconsistent with the existing lot configuration in the immediate locality. In accordance with section 60(2)(d) of the Planning Act 2016 (Qld), Officers are of the opinion that the development is unable to demonstrate compliance with the assessment benchmarks through the imposition of lawful development conditions. Officers therefore recommend the whole of the application be refused. TOWN PLANNING ASSESMENT Site Background The site does not have an overly complex history. The lot was created in 1989 as part of what was then known as the Centenary Heights development. Subsequent to its creation, the lot was improved by a single detached dwelling constructed in 1994 with the addition of a patio in 1998. No further assessable development has occurred onsite. The site has been zoned for Low Density Residential (or equivalent) uses within at least the previous three (3) planning schemes.

The surrounding streetscape to the subject lot comprises of predominantly residential lots ranging from 700m² to 1,589m² in size containing Dwelling Houses. The surrounding area is considered to be an intact low density residential neighbourhood which has not been subject to previous re-subdivision or intensification. The site is surrounded by lots within the Low Density Residential Zone which are generally of a consistent size to the existing lot. To the northeast, Officers acknowledge there are some smaller lots (to approximately 360m2) however, these are several streets away and separated by a sub arterial road. For these reasons, Officers consider that these smaller lots do not form part of the established neighbourhood, character or streetscape of the site and surrounds.

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To the southwest is a large parcel of Low Medium Density Residential land which is yet to be developed nor does it have approval to be developed. The broader area is largely characterised by Low Density Residential zoned land with lots 600m2 and larger.

Figure 1: Extract of CairnsPlan 2016 v2.1 zone information

The site is identified within the Low Density Residential Zone of the CairnsPlan 2016. The subject site is also identified within the extents of the following overlays. Table 1: CairnsPlan overlays applying to the site

Overlay Details

Airport Environs Overlay PAN-OPS Area - Within PANS-OPS Area

Obstacle Limitation Surface – 151.0m AHD

Transport Network Overlay Road Hierarchy

Pedestrian and Cycle Network

None of the applicable overlays identified above include constraints on the land which impact on the site’s suitability for the proposed subdivision. Proposal The proposed development is represented by the plans included at Attachment 1. The proposal involves the subdivision of Lot 37 on RP749762 into 2 lots for residential purposes as follows:

• Proposed Lot 1 – 440m², containing the existing Dwelling; and

• Proposed Lot 2 – 366m², corner lot to accommodate a future Dwelling.

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In addition, the Applicant seeks an early Referral Agency Response from Council in respect of the design and siting of a future Dwelling House on proposed Lot 2. This aspect of development is illustrated in the following Table 2 and Figures 2 and 3. Table 2: Detailed overview of proposal

Proposal Existing Configuration Proposed Reconfiguration Lot Configuration 806m2 corner lot with truncation

22m frontage to Sabine Close 37m frontage to Paluma Street Improved an existing Dwelling House

Proposed lot 1 to the south of the parcel being 440m2 (22m x 20m) containing the existing house. Proposed lot 2, to the north of the parcel and on the corner is proposed to be 366m2 (22m x 17m with truncation).

Structures The established Dwelling House will be retained on Lot 1

The proposal includes plans for a single storey 3 bedroom 2 bathroom Dwelling House to be constructed on Lot 2 (proposed Dwelling will require a siting dispensation against MP1.1

Access Proposed Lot 1 – Retains existing vehicular access via Paluma Street.

Proposed Lot 2 – Intended to be accessed via new access crossover from Sabine Close.

Proposed Building Envelope/Covenant /Easements

None existing None proposed

Services All standard services are connected to the site

Proposed Lot 1 will utilise the existing connections to services provided to the existing dwelling. Proposed Lot 2 is intended to be provided new connections to services in accordance with relevant standards.

Figure 2: Proposed Site Plan

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Figure 3: Concept render of proposed development including

future Dwelling House on Lot 2

MATERIAL ASSESSED IN THE APPLICATION The applicant provided the following materials in the application:

• planning assessment report; and

• plans of development.

These materials have been considered in the assessment of the application. NOTICE ABOUT DECISION - STATEMENT OF REASONS The reasons for this decision are: 1. The proposed development does not comply with the relevant assessment

benchmarks of the CairnsPlan 2016, noting a. The proposed development does not promote and retain the planned Low

Density Residential character of the immediate surrounding neighbourhood and would result in a development that is out of context to its surrounds, which is inconsistent with the local government purpose of the Low Density Residential Zone Code;

b. The proposed development does not maintain the high level of residential

amenity reasonably expected by the community as informed by the Planning Scheme, in particular, the Low Density Residential Zone Code Overall Outcome (3)(b);

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c. The proposed development does not maintain the planned low density character as identified in the Low Density Residential Zone Code Overall Outcome (3)(c);

d. The proposed development does not contribute to a high standard of amenity

as required by Purpose statement 1(a) of the Reconfiguration of a Lot Code; f. As outlined in items (a), (b) and (c) above, the development is inconsistent with

the Purpose and Overall Outcomes of the Low Density Residential Zone Code and therefore does not comply with Performance Outcome PO1 of the Reconfiguration of a Lot Code.

2. The proposed development’s non-compliance with assessment benchmarks are not

capable of being resolved or mitigated by the imposition of lawful development conditions.

3. The requested Early Referral Response has not been provided as the application

for Reconfiguring a Lot to create proposed Lot 2 has been refused. ASSESSMENT BENCHMARKS The following Assessment Benchmarks apply to the development: Table 3: Planning instruments applicable to the development

State Planning Instruments

Far North Queensland Regional Plan (FNQRP) 2009-2031

The subject site is within the Urban Footprint. The Regional Plan has been appropriately integrated and

reflected through CairnsPlan 2016.

State Planning Policy (SPP)

The State Planning Policy (SPP) contains the State Interest Policies and Assessment Benchmarks which are applicable to the development. The CairnsPlan 2016 advances the SPP except for erosion prone areas and coastal management district and therefore all the State interests have been appropriately reflected in CairnsPlan 2016.

CairnsPlan 2016 v2.1

Low Density Residential Zone Code

Does not comply with the Purpose of the code. The proposed development has not demonstrated compliance with the code. Details are outlined below.

Airport environs overlay code

Complies. The proposed development maintains the safety, efficiency, and operational integrity of Cairns Airport.

Transport network overlay code

Complies. The development will not compromise the safety and efficiency of the transport network.

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Environmental performance code

Complies The proposed development is capable of achieving compliance with the code subject to conditions.

Excavation and filling code

Complies. No excavation or filling is proposed as part of this development.

Infrastructure works code


Landscaping code


Reconfiguring a lot code

Does not comply The proposed development application has not demonstrated compliance with the code. Details are outlined below

Key Planning Considerations The development was assessed against all of the assessment benchmarks listed above. Key planning considerations area identified below.

Table 4: Assessment of key planning considerations

Low Density Residential Zone Code

Code Purpose Response

Purpose 1

Purpose statement 1 of the code is to provide for predominantly dwelling houses. Whilst the proposal involves the creation of an additional lot for a residential purpose and which may be able to accommodate a dwelling house, for the reasons outlined within this report, Officers do not support the proposed lot configuration.

Purpose 2

Purpose statement 2 of the code is to promote and retain the low density residential character and amenity of the zone. The application has not demonstrated that the high level of residential amenity reasonably expected by the community has been achieved. The proposed lots sizes are not in keeping with the residential character of the surrounding area which consists of larger residential lots. The immediate surrounding neighbourhood consists of low density residential lots, ranging in size from 700m² to 1,589m² in size with existing detached dwelling houses. Officers consider the proposed lots sizes of 440m² and 366m² to conflict with the established character of the area. Officers consider that the amenity of the surrounding area would be compromised by the proposal. The established character and amenity within the neighbourhood is typified by significant separation between dwellings, low levels of site coverage, built form and bulk within the streetscape and significant setbacks from front boundaries.

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The proposed development including the proposed dwelling represents a significant departure from this established character and would consequently have an adverse impact on the level of residential amenity that is expected for the area. The Dwelling House on proposed lot 2 requires dispensation against the Queensland Development Code’s Design and Siting Standards. The proposed common boundary between Lots 1 and 2 will not achieve compliant separation distant to the existing dwelling. It is considered that the amenity of adjoining lot to the west will be compromised by the proposed development and it is not in keeping with the surrounding residential character of the area, of larger lots with single detached houses with large separation.

Purpose 3

Whilst the proposal would achieve a low rise form of development consistent with Purpose statement 3(a), a high level of residential amenity and a low density scale and character is not considered to be achieved by the development, conflicting with purpose statements 3(b) and 3(c). As the proposed size of Lot 2 is less than half the average lot size in the area, it is considered to be inconsistent with the intent for development to be of a low density scale and character.

Performance Outcomes Response

Performance Outcome 3

Consistent with the purpose and

overall outcomes sought for the zone

As discussed above, it is considered that the application is not consistent with the purpose of the code.


Setbacks

The following Figure illustrates the proposed development in its completed state.

Figure 4: Concept render of proposed development including future

Dwelling House on Lot 2

Officers consider that the proposed development would compromise the established amenity and character of the area by relying on reduced setbacks both internally and externally. The application includes requests for siting dispensations for built to boundary elements of the proposed dwelling on Lot 2, as well as reduced street frontage setbacks.

As a result of the location of the proposed new common

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boundary between Lots 1 and 2, the existing dwelling would be located less than half a metre from the proposed new boundary. The application has not demonstrated that the proposed reduced setbacks achieve the consistent separation distances that are in the surrounding area.


Amenity

The Applicant submitted plans of a proposed Dwelling House in the application material. The plans were not compliant with the design and siting standards of the Queensland Development Code, causing concern with the future amenity of the neighbouring properties. It is considered the proposed small lots conflict with the residential character of the area that consists of larger lots of 700m² to 1,589m² and will have an adverse effect on the residential character of the area.

Reconfiguring a Lot Code

Code Purpose Response

Purpose 1

The purpose of the reconfiguring a lot code includes statement 1(a) which requires that development contributes to a high standard of amenity and 1(b) results in lots that are suitable for their intended use. The proposed subdivision is considered to be inconsistent with the purpose of the code as the proposed lots are not of a low density scale which is the intent for the zone. The lots are not of a size that is capable of providing the expected level of residential amenity within the low density residential zone.

Purpose 2

The proposed lot sizes of 440m² and 366m² are considered to have insufficient area in context with the surrounding environment of larger residential lots. Proposed lot 2, being 366m², has been unable to demonstrate that a Dwelling House can be constructed without the need for dispensation against the Queensland Development Code.

Outcome Response


Lot Areas and Dimensions

The proposed lot sizes of 440m² and 366m² do not meet the Acceptable Outcome for minimum lot sizes being 600m² for the Low Density Residential Zone. While it is noted that the minimum lot size is only one acceptable outcome, the smaller of the lots, proposed Lot 2, is slightly over half the prescribed size (366m2 vs 600m2) and is not an expected form of development within the Low Density Residential Zone. The area surrounding the development consists of larger lots sizes ranging from 700m² to 1,589m². It is considered that the proposed development does not meet the purpose and overall outcomes of the Low Density Residential Zone and is inconsistent with surrounding development. The proposed lots are not considered to be capable of accommodating the intended land uses being Low Density Residential as the lot sizes are not of a low density scale as demonstrated by the surrounding area.

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Additional Requirements for the Retention of Existing Buildings and Structures.

The proposed development’s existing Dwelling House (carport and patio) is proposed to have a side setback of 0.45m to the new boundary. Class 10a structures (such as the carport) are permitted to be built to boundary for up to 9m, however patios which are used for entertainment purposes are not anticipated to be located this close to boundary due to the impacts on amenity for both lots. The proposal also involves a built to boundary wall located 0.45 from the existing Dwelling. This level of separation between dwellings is inconsistent with the low density scale of the surrounding area.

CODE ASSESSMENT In accordance with section 60 (2) of the Planning Act 2016, for any Code Assessable application, the Assessment Manager, after carrying out the assessment – (a) must decide to approve the application to the extent the development complies with

all of the assessment benchmarks; and (b) may decide to approve the application even if the development does not comply

with some of the assessment benchmarks; and (c) may impose development conditions of an approval; and (d) may, to the extent the development does not comply with some or all of the

assessment benchmarks, decide to refuse the application only if compliance can not be achieved by imposing development conditions.

The proposed development has been recommended for refusal in accordance with section 60(2)(d) of the Planning Act 2016, as lawful development conditions are unable to be imposed to achieve compliance with the applicable assessment benchmarks. It is acknowledged that section 60(2)(b) of the Planning Act 2016 (Qld) affords the Assessment Manager an opportunity to approve an application despite non-compliances with applicable Assessment Benchmarks. Given the concessions sought against the Low Density Residential Zone Code and Reconfiguring a Lot Code, Officers consider that the application has not demonstrated compliance with the intent or outcomes of the relevant assessment benchmarks. REFERRAL AGENCY ASSESSMENT The application requested assessment of the proposed Dwelling to be constructed on Lot 2 by Cairns Regional Council for its non-compliance with the Queensland Development Code. While the proposed design was considered as part of the assessment of the Reconfiguring a lot assessment, no early referral agency response will be provided considering the application has been recommended for refusal and therefore Lot 2 is not anticipated to be created.

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PUBLIC NOTIFICATION

The application is Code Assessable and does not require public notification. No informal submissions were received during the assessment period of the application.

CONCLUSION The proposed development does not and can not be conditioned to comply with fundamental elements of the relevant assessment benchmarks. The proposed lot configuration is inconsistent with the planning scheme intent for land within the Low Density Residential Zone. After assessing the proposal against the relevant provisions of the Planning Act 2016, the assessment benchmarks and other relevant matters, it is appropriate that the application is recommended to be refused pursuant to Section 60(2)(d) of the Planning Act 2016. ATTACHMENT: 1. PROPOSED PLANS OF DEVELOPMENT

Jayne Carter Planning Officer Action Officer

Kelly Barnes Manager Development, Planning & Property

Martin Garred Interim General Manager Planning & Environment

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ATTACHMENT 1: APPLICATION PLAN

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