2014-10-14 Planning & Organisation Committee Agenda - Pages 1 - 50

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                              14 OCTOBER 2014


The site is bounded by the Bruce Highway to the southwest and adjacent a mix of Rural
Residential and Detached Housing zoned allotments to the northwest and northeast. Garnet
Street provides the primary access to the site and links directly to Cooroy’s business centre. The
street crosses Cooroy Creek at roughly its midpoint, with the creek crossing currently via low-
level culverts. Garnet Street also forms part of Council’s newly constructed heavy vehicle bypass,
which now links Garnet Street to Mary River Road to the west of Cooroy Creek.
3.   STATUTORY PROCESS
The applicant has requested a change to a development approval under s369 of the Sustainable
Planning Act 2009. A request to change a development approval under s369 can only be made
in circumstances where that change would constitute a ‘permissible change’.
The proposed change to the development approval requested by the applicant is considered to
constitute a permissible change on the grounds that:
   The change is to a condition of approval only and would not result in a substantially
     different development;
   The change would not require the application to be referred to additional concurrence
     agencies;
   The original application was impact assessable and the change to the condition would not
     likely cause a person to make a properly made submission, as the proposed change will
     still require a significant level of road upgrade and the existing condition has been shown to
     be unachievable. As such, the proposed changes do not raise new issues, facts or
     circumstances but seek to address those that existed at the time of the approval (reference
     is made to the judgement in Cleveland Power Pty Ltd v Redland City Council & Ors [2013]);
     and
   The change would not cause the approval to involve prohibited development.
4.   ASSESSMENT
Details and assessment of the requested change to the condition are provided below.
Condition 65.1.2 – Upgrade to Garnet Street
The existing condition reads:
65.1.2 The remaining section of Garnet Street extending from the Pine Street intersection (and
       excluding the section to be upgraded to an external Urban Collector Road) to
       approximately inline with the eastern boundary of Lot 189 on MCH 976 shall be upgraded
       to an External Rural Distributor Road. The upgrading of Garnet Street shall also be
       designed to enable flood free access to the site during a 1 in 10 year Average Recurrence
       Interval (ARI) flood event with a maximum trafficable depth of 300mm for a 1 in 100 year
       ARI flood event and with the product of flow depth and velocity being less than 0.4m 2/s.
       This part of the road must be completed prior to the sealing of the survey plan for Stage 3
       or any other subsequent stage of the development, unless an alternative agreement is
       entered into by the Developer and Council by way of an Infrastructure Agreement.
Applicant’s Request
Further to the previously provided Hydrology and Water report (2014) titled "Garnet Street
Culvert Upgrade Hydraulic Assessment" the information below is provided to support the
application to amend the current conditions of approval.
Constraints associated with compliance with Current Approval Conditions
The current approval conditions in relation to the Greenwood Grove estate require the upgrade of
Garnet Street (Cooroy Creek crossing) to provide full immunity in a 10% Annual Exceedance
Probability (AEP) rainfall event and be safely trafficable during the 1%AEP rainfall event.



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