The Planning Place obtained approval (Application Number: A005375910) to amend an existing 2003 Development Approval for a Reconfiguration of Lot (3 into 2 lots) and Material Change of Use for Shop, Restaurant and Caretaker’s Flat, on a site at 409 Esplanade, Manly. The proposed change application sought to include a new use for an ‘Outdoor Dining Area’ associated with the existing Food and Drink Outlet (café restaurant), along with changes to the approved plans and associated conditions. The proposal involved removal of three (3) undercover parking spaces to replace with outdoor dining area, consolidating two (2) external visitor car parks into one (1) persons with disability (PWD) car space, reducing the total number of on-site visitor car spaces for from five (5) to one (1) space. The proposal resulted in an additional gross floor area (GFA) of 44.6m2.
Given the nature of the proposed changes and possible new impacts, the proposal was not considered a minor change under section 81 of the Planning Act 2016 (PA). As such, the application process required making a ‘Other Change’ under Section 82 of the PA. As the original application was impact assessable, a public notification process was required for the Section 82 (PA) change application. The change application was supported with a noise impact assessment to demonstrate the proposal can achieve an adequate level of noise amenity, and an RPEQ traffic impact assessment to justify the proposal’s shortfall of on-site parking spaces and recommendations to ensure the reconfigured car park space meets current standards.
The Planning Place obtained approval (Application Number: DA/41167/2020/V3RA) for a Reconfiguring a Lot – Development Permit for Subdivision (1 into 2 Lots and Access Easement) at 12 Keperra Court, Arana Hills. The site is located the General Residential (Suburban Neighbourhood Precinct) Zone under the Moreton Bay Regional Council Planning scheme. The site is partially mapped as High Value Matters of State Environmental Significance (MSES) under the planning scheme’s Environmental Areas Overlay, however these values are indicative of superseded State Koala Habitat mapping. Under the current state Koala Habitat mapping the site is wholly located in a Priority Koala Area, however, does not contain Koala Habitat Areas. Therefore, the State Koala Habitat assessment does not apply to development on the subject site, nor does High Value Areas indicative of Koala Mapping under the MBRC Environmental Areas Overlay apply.
The Planning Place obtained approval to amend an existing Development Approval for Material Change of Use for Warehouse on a site at 2 Tubbs Street, Clontarf. The change application sought to include an additional land use activity for Low impact industry. Given the proposed request to change the approval to include an additional land use not included as part of the original application, the proposal was not considered to be a minor change under section 81 of the Planning Act 2016. As such, the application process required making a ‘Other Change’ under Section 82 of the Planning Act 2016. The development approval (Application Number: DA/38760/2019/VCHG/1) now provides for use of the site for a Warehouse or a Low impact industry, thereby giving the landowner this flexibility.
We have recently updated Ian Adam’s Curriculum Vitae as a Town Planning Specialist in Planning & Environment Court Appeals.
85 North Road, Wynnum West – Approved Ministerial Infrastructure Designation for Extension to an Educational Establishment
The Planning Place, on behalf of the Iona College School,has obtained approval for a Ministerial Infrastructure Designation forextensions to an educational establishment from the Minister for the Departmentof State Development, Manufacturing, Infrastructure and Planning (DSMIP) todesignate the premises at 85 North Road, Wynnum West, Queensland.
On 13 February 2020, the Ministerial for DSDMIP issued aDecision Notice (DSDMIP Reference: MID-0919-0371) to designate the subject sitefor ‘educational facilities’ under Section 38 of the Planning Act 2016. Thedesignation took effect on the 21 February 2020 when a gazette notice waspublished in the Queensland Government Gazette (No. 36). The designationincludes a Multi-purpose Hall/Gathering Space of approximately 4,440m2of floor area and associated carparking area. The project involves a schoolextension accommodating the same student numbers as currently while providingfor improved state-of-the-art school educational infrastructure and facilitiesat the school.
180 Jubilee Terrace, Bardon – Extension to aChild Care Centre on behalf of a community organisation, to a Locally ListedHeritage Place with State Government Referral for a State Controlled Road(Jubilee Terrace)
Prelodgementdiscussions were held with Council to gain in-principle support for theproposal, and an early Referral Agency Response was sought from SARA, to allowthe Development Application to be processed and approved by Council, as quicklyas possible. Delays were had as a result of the length of time taken byCouncil to issue an invoice for the application fee with the application beingon behalf of a charitable organisation. Due to these delays, thedecision was made to pay the full fee, and seek a refund post lodgement.
This shows thatwhat should be trivial matters can cause delays due to Council processes. The application wasapproved in one month, with approval being issued just before Christmas, asdesired by the client.
Approval was dulygranted, with conditions requiring earthworks, road dedications and easementsfor stormwater infrastructure. Both adjoining properties possessedretaining walls near to the common boundaries, hence close liaison with saidneighbours was necessary during the required excavation works.
An Infrastructure Designation is an opportunity to designatepremises for the development of essential infrastructure and services, quicker,at lower cost and without risk of appeal. Since the introduction of the PlanningAct 2016, private entities can request for infrastructure designation,where previously only public sector entities could request these designations.Schools, hospitals and sporting clubs can be allocated as a designation. Wherea proposed designation is considered low Impact, the Minister has the authorityto further streamline the assessment process reducing the assessment time frame.Notable benefits of a Infrastructure Designation include:
- Time Frame: Assessment time frame is generally shorter for significant projects given the higher level and principle-based assessment process.
- Cost: There is no application fee and no applicable Infrastructure charges for certain developments.
- Appeals: There are no third party appeal rights to infrastructure designation decisions (though there are no applicant appeals).
- Flexibility: Approval relates to a development envelope as opposed to a detailed plan(s), allowing the proposal more flexibility in terms of design and siting into the future.
- Approvals: No further planning approvals are required for the scope of works approved in the Infrastructure Designation. Approval to carry out building work under the Building Act 1975, and operational works approved to carry work outside of the site’s boundaries are still required.
Proposed Ministerial Infrastructure Designation of premises for Extensions to an Educational Establishment under the Planning Act 2016
On behalf of the Iona College School, The Planning Place has requested that the Minister for State Development, Manufacturing, Infrastructure and Planning designate the premises at 85 North Road, Wynnum West, Queensland. This proposed Infrastructure Designation has been requested in accordance with Chapter 2, Part 5 of the Planning Act 2016.
Type of Infrastructure:
It is proposed to designate the subject land for the following type of infrastructure in accordance with Schedule 5 (Infrastructure), Section 13, Part 2 (Other Infrastructure) of the Planning Regulations 2017:
- Item 6: Educational Facilities
Description of Infrastructure:
The project to be undertaken in stage will include:
- A Multi-purpose Hall/Gathering Space of approximately 4,440m2 of floor area and associated carparking area.
- It will involve a school extension accommodating the same student numbers as currently but providing improved school infrastructure and facilities at the school.
The proposed Infrastructure Designation applies to the land owned by the Iona College School (the owner of the assets and operations of the school). The site is bounded by Sandy Camp Road to the north, Bulgin Avenue to the east, Alness St Wynnum West and the railway corridor to the south, and is dissected by North Road between the main college area and the western sports fields.
Intended Outcomes of Proposed Infrastructure:
The proposed designation will provide improved and state-of-the-art educational facilities to enable Australian Curriculum to be delivered to meet the needs of the school and its students, while providing ongoing long-term educational and associated employment opportunities.
Have your say:
To have your say about the proposed Ministerial Designation, you can make a submission, on or before 21st November 2019, to the Minister for State Development, Manufacturing, Infrastructure and Planning. The Proposed Infrastructure Designation DSDMIP Reference is: MID-0919-0371. All submissions can be made to the Infrastructure Designation team via:
- online: https://planning.dsdmip.qld.gov.au/id-consultations;
- email: firstname.lastname@example.org; or
- post: PO Box 15009, City East, QLD, 4002.
If you wish to discuss the proposal, please contact the Infrastructure Designations team within the Department of State Development, Manufacturing, Infrastructure and Planning on 1300 967 433, or at the above email address.
474 Cavendish Rd, Coorparoo – New Dwelling House withinthe Traditional Building Character Overlay on a Small Lot, contained within theCharacter (Character) Residential Zone.
The application was approved promptly by Council throughRiskSmart, taking 7 business days in total from lodgement of the application.
The dwelling appropriately addressed the slope of thesite in a manner consistent with Council’s expectations of traditional buildingcharacter.