2022-07-12 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      12 JULY 2022


2.   ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Condition 2 of the Preliminary Approval seeks:
2.   Amended plans and associated reports must be submitted to Council prior to any further
     development applications being made and must include the following to the reasonable
     satisfaction of the Manager, Development Assessment:
     2.1   One of the three (3) Multiple Dwelling units is to be:
           i.    accessible by a safe, continuous and step free path of travel from the street
                 entrance of the property or from a car parking space;
           ii. has a step-free entrance door with opening width of at least 820 millimetres; and
           iii. contains a bathroom on the entry level.
     2.2   The depth of the vertical screen along the front façade of Unit 1 is to be reduced to
           350mm; the outermost projection of Unit 1 is not to exceed 5.45 metres from the front
           property boundary.
Applicant’s Representation – Condition 2.1
Compliance with this condition requires the applicant to redesign the development to include a lift
or remove 1 dwelling and change the approved multiple dwelling (3 units) to a dual occupancy.
The applicant contends that neither of these options are reasonable outcomes for the subject
development proposal and submits in summary that:
•    The National Construction Code does not mandate Class 2 buildings to provide access for
     people of varied mobility. The scheme requirements are building matters and not planning
     matters and as such conflict with the Building Act and National Construction Code and
     therefore contrary to the Planning Act 2016.
•    The proposed multiple dwelling is consistent with the scheme as multi-unit accommodation
     are sought in close proximity to Peregian Beach village; and the area is specifically identified
     for mixed residential with office or health services in buildings of a domestic scale.
•    The planning scheme promotes mixed use development above the desire for the
     development to be accessible by people of varied mobility who can be catered for in other
     medium density residential zoned sites.
•    The requirement makes the development economically unviable given the scale of the
     development, imposing an unreasonable financial imposition on a small scale development
     that seeks to provide affordable small dwellings. Incorporating a lift will add to the overall
     construction cost and increase the cost of each unit.
•    Council officers did not raise the requirement for a lift until late in the application process.
Assessment of Representation
Condition 2.1 was imposed in reference to Acceptable outcome AO9 of the Dual Occupancy and
Multiple Dwelling Use Code, which seeks:
AO9 One in three multiple dwelling units:
a)   is accessible by a safe, continuous and step free path of travel from the street entrance of
     the property or from a car parking space;
b)   has a step-free entrance door with opening width of at least 820 millimetres; and
c)   contains a bathroom on the entry level.
The corresponding Performance outcome PO9 seeks:
PO9 Multiple dwellings can be accommodated and visited by a wide cross section of the community
including people with limited mobility.
The proposed development involves three Multiple Dwellings on the upper floor of the
development. Each of the units are accessible via respective staircases. Figure 4 shows the

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