INDOOR SPORT & ENTERTAINMENT (THEATRE) CAIRNS REGIONAL COUNCIL C/-PO BOX 181 EDGE HILL QLD 4870

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1 33 PLANNING & ECONOMIC COMMITTEE 10 FEBRUARY MATERIAL CHANGE OF USE (IMPACT) INDOOR SPORT & ENTERTAINMENT (THEATRE) 9-11 FLORENCE STREET, SHERIDAN STREET, & 147A GRAFTON STREET, CAIRNS CITY DIVISION 5 K Reaston 8/8/1436 # PROPOSAL: APPLICANT: LOCATION OF SITE: INDOOR SPORT & ENTERTAINMENT (THEATRE) CAIRNS REGIONAL COUNCIL C/-PO BOX 181 EDGE HILL QLD FLORENCE STREET, SHERIDAN STREET, & 147A GRAFTON STREET, CAIRNS CITY PROPERTY: LOT 4 ON C198264, LOT 7 ON C198318, LOT 94 ON C1983, LOT 3 ON C PLANNING DISTRICT: PLANNING AREA: CBD - NORTH CAIRNS COMMUNITY FACILITIES PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: DEPART. OF TRANSPORT & MAIN ROADS DEPARTMENT OF STATE DEVELOPMENT, INFRASTRUCTURE & PLANNING NUMBER OF SUBMITTERS: EIGHT (8) STATUTORY ASSESSMENT DEADLINE: 26 FEBRUARY 2016 APPLICATION DATE: 16 DECEMBER 2015 DIVISION: 5 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. SUPPORTING INFORMATION

2 34 LOCALITY PLAN RECOMMENDATION: That Council approves the development application for Indoor Sport & Entertainment (Theatre) over land described as Lot 4 on C198264, Lot 7 on C198318, Lot 94 on C1983, and Lot 3 on C198264, located at 9-11 Florence Street, Sheridan Street, & 147A Grafton Street Cairns City, 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:

3 35 Drawing or Document Reference Date Site Plan & Munro Martin Park DA-2 Rev 1 CA Cox Rayner 3/11/15 Demolition Plan DA-3 Rev 1 CA Cox Rayner 3/11/15 Ground DA-4 Rev 1 CA Cox Rayner 3/11/15 Level 1 DA-5 Rev 1 CA Cox Rayner 3/11/15 Level 1 with possible awning DA 5 Rev 1 CA Cox Rayner 3/11/15 Level 2 DA-6 Rev 1 CA Cox Rayner 3/11/15 Level 3 DA-7 Rev 1 CA Cox Rayner 3/11/15 Level 4 DA-8 Rev 1 CA Cox Rayner 3/11/15 Roof DA-9 Rev 1 CA Cox Rayner 3/11/15 Sub Stage DA-10 Rev 1 CA Cox Rayner 3/11/15 Sections DA-11 Rev 1 CA Cox Rayner 3/11/15 Elevations Florence Street DA-12 Rev 1 CA Cox Rayner 3/11/15 and Parking Elevations Sheridan and DA-13 Rev 1 CA Cox Rayner 3/11/15 Grafton Streets Perspectives DA-14 Rev 1 CA Cox Rayner 3/11/15 Perspectives DA-15 Rev 1 CA Cox Rayner 3/11/15 Aerial Perspectives DA-16 Rev 1 CA Cox Rayner 3/11/15 NLA Areas DA-17 Rev 1 CA Cox Rayner 3/11/15 Cut and Fill Plan Q C05-03 Cardno 23/09/15 Landscape Master Plan DA- LA-01 2/11/15 colour Landscape Master Plan b & w DA- LA-02 2/11/15 Tree and Palm Identification DA- LA-03 2/11/15 Demolition Plan Tree and DA- LA-04 2/11/15 Palm Identification Planting Scheme DA- LA-06 2/11/15 Mood Images Outdoor DA- LA-08 2/11/15 Seating Mood Images Water Features DA- LA-10 2/11/15 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

4 36 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. Vehicle Parking 3. The amount of vehicle parking must be as specified in the approved plans. The car parking layout must comply with the Australian Standard AS 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. On-Street Vehicle Parking Strategy 4. Prepare and endorse a car parking strategy to manage on-street parking in the northern periphery of the Cairns CBD (to include areas around the Cairns Hospital) in the short and medium term. The strategy should recommend thresholds at which regulation, physical changes to the onstreet parking arrangements, and off-street car parking facilities should be implemented. Landscaping 5. The site must be landscaped in generally accordance with details included on the submitted Landscaping Plan unless otherwise approved by the Chief Executive Officer. The completion of all landscaping works must be undertaken prior to the Commencement of Use. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer. Lighting 6. 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 (where adjacent or opposite a residential use) must not exceed eight (8) lux measured at any level upwards from ground level. 7. Certification must be provided from the Cairns Airport Pty Ltd, Air Services Australia and the Civil Aviation Safety Authority (CASA) where vertical projected lighting is proposed, to demonstrate that all lighting is of an acceptable standard so as not to impact on the operational aspects of the Airport with regard to light emissions, reflectivity or other emissions.

5 37 Illuminated Advertising Signage 8. Illuminated advertising signage must not adversely impact on the safety of traffic on adjacent roads. Details of illuminated advertising signage must be submitted and endorsed by the Chief Executive prior to its installation and operation. Acid Sulfate Soil Investigation 9. Undertake an Acid Sulfate Soil investigation in the area to be affected by this excavation for the development. Soil sampling and analysis must be undertaken in accordance with procedures specified in, Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland (1998) or updated version of document produced by Department of Environment and Resource Management (Previously DNRW QASSIT), and State Planning Policy 2/02 Planning and Managing Development involving Acid Sulfate Soils. The results of this investigation must be submitted to Council for approval prior to any earthworks or clearing being commenced on the site. Identification of soils with a pyrite content in excess of the action levels nominated in the latest version of DNRW QASSIT: Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland (1998) will trigger the requirement for preparation of an Acid Sulfate Soil Environmental Management Plan in accordance with the most recent requirements of the DNRW: Queensland Acid Sulfate Soil Technical Manual (2002) including Soil Management Guidelines (updated Feb. 2003) which must be prepared to the satisfaction of the Chief Executive Officer. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS Concurrency Agency Department of Local Government Infrastructure & Planning Concurrence Date Council Electronic Agency Reference Reference SPL /12/2015 # Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). 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 and 341 of the Sustainable Planning Act 2009.

6 38 2. Council is recommended to undertake a review of the Cairns City Centre Master Plan to support the establishment of the Cairns Performing Arts Centre in this location. A review should consider options for obtaining improved pedestrian connectivity between the site and the Cairns City Centre and Esplanade precincts and encourage increased density and development opportunities in the Cairns City Centre and achievement of tropical urbanism. 3. Council is recommended to undertake all necessary external works to support changes to the on-street infrastructure networks, including car parking spaces and lighting, to facilitate the safe movement of pedestrians and vehicles to and from the development. LAND USE DEFINITIONS* In accordance with (CairnsPlan 2009, as at 10 February 2015) the approved land use of Indoor Sport & Entertainment is defined as: Indoor Sport and Entertainment: (CairnsPlan) means the use of premises for sport, physical exercise, recreation or public entertainment predominantly within a building. The use includes facilities commonly described as sports centre, gymnasium, amusement and leisure centre, cinema, dance club, music club, nightclub, reception room, theatre, convention centre or function centre. *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: Cairns Regional Council proposes to demolish the existing Cairns Civic Theatre and establish a new theatre on the same site, being land located at 9-11 Florence Street, Sheridan Street, & 147A Grafton Street, Cairns City. The new Cairns Performing Arts Centre (the proposal the subject of this assessment) is part of The Precinct, which also includes the parkland improvements and outdoor entertainment facility in Munro Martin Park. The Cairns Performing Arts Centre has been designed with the following core elements: a 941 seat theatre, including balcony seating; a 400 seat studio theatre / rehearsal / warm-up area; a large, deep stage with more spacious wings, higher proscenium arch (over the stage), higher fly tower and more fly lines;

7 39 a larger orchestra pit; foyer, bar, dressing rooms and other amenities; predominantly deep setbacks characterised by landscaping; parking to the rear of the theatre; and a built form evocative of the tropical character and amenity of Cairns and the Region. In addressing the development application, Council is in a unique position where it is both the proponent of public infrastructure, where it has specific budgetary and community infrastructure delivery expectations, and is the assessment manager under legislation, where it has a duty to uphold its planning and development framework and policy outcomes. This report focuses on the latter, but is also considerate of the fact that Council has committed to undertaking this community infrastructure project. As Council is the applicant and decision maker, the planning report submitted with this development application provides a detailed assessment of the proposal against the statutory requirements and considerations in support of an approval. The purpose of this report is to summarise the assessment of the development application, address submissions, and recommend the necessary conditions and further actions that are required to support Council s decision. In assessing the application material, and submissions, it is considered that the Indoor Sport & Entertainment (Theatre) proposal is an appropriate use of the site with design, parking and landscaping outcomes that will meet the requirements of CairnsPlan It is acknowledged that a number of the submissions raise concern about the development s built form and location. A detailed assessment of the application resolves that the land is in appropriate proximity to the Cairns CBD and other recreational and supporting uses such as the Cairns Esplanade and restaurant precincts. The facility is of a sufficient size to accommodate this region s requirements and the simple built form achieves the outcomes of the relevant planning instrument yet enables improved design features and pedestrian connectivity to be undertaken on and in the vicinity of the site over the life of the asset. It is recommended that the development application be approved subject to conditions. TOWN PLANNING CONSIDERATIONS: Background The existing Civic Theatre, with a capacity of 669 seats, was completed in 1974 and was the first purpose-built theatre in Regional Queensland. At the time, the population of Cairns was just over 30,000 and the Region s population was around 70,000 people. Cairns now has a population of over 170,000 and the Region has a population of over 280,000.

8 40 This population growth in conjunction with the growth in the awareness of the arts, has led to a demand in the Region that is not met by the existing infrastructure. The Civic Theatre is limited by out-dated functionality, poor technical infrastructure, and inadequate front of house and support services. The stage size is the smallest in regional Queensland. The theatre s 669 seat capacity, the stage size, and flylines have limited commercial appeal as the revenue generated per show is significantly lower than larger venues in other comparable regional cities in Queensland. This application is for a Development Permit to facilitate the construction of the new Cairns Performing Arts Centre. The use will be located on the site of the existing Civic Theatre, which is a Council owned site at 9-11 Florence Street. The application also includes the adjoining land at Sheridan Street, and 147A Grafton Street. The proposal is impact assessable development. Proposal The architectural ambition is to create a Cairns Performing Arts Centre which is visually appealing and encourages visitation by tourists and locals. The venue will showcase the best of performing arts and culture and encourage its growth and development for future generations. The existing Civic Theatre will be demolished and a new facility built on the site of the existing venue. The key attributes of the proposal are as follows: Attribute Description Site Area 12,846m 2 Setbacks 12 metres to Florence Street 24 metres to Sheridan Street Between 0m and 4.7m to Grafton Street Height 26.3 metres to highest point (not ceiling level) Net Lettable Area 4,400m 2 Configuration development Floor level of The complex will include: a 941 seat theatre, including balcony seating a 400 seat studio theatre / rehearsal / warm-up area a large, deep stage with more spacious wings, higher proscenium arch (over the stage), higher fly tower and more fly lines a larger orchestra pit foyer, bar, dressing rooms and other amenities 3.5 metres AHD

9 41 Access arrangements Car parking provision Access to and from Grafton Street to car park Access to and from Sheridan Street to car park/set-down area Access from Florence Street to set-down area 158 on-site spaces Additional regulated on-street parking spaces Details of the internal configuration, design and built form, landscaping and parking are identified in the planning report provided as part of the development application and plans are provided in Appendix 1. Site Context and Planning Assessment The site is the gateway site to the Cairns City Centre and is located at the corner of the Bruce Highway (Mulgrave Road) and the Captain Cook Highway (Sheridan Street). The site is bounded to the east by Grafton Street to the west by Sheridan Street and to the north by Florence Street. The site also includes the adjoining vacant land to the south which is used for parking. The Ergon car park currently has a boom-gate and is accessible only by Ergon staff. The inclusion of these properties provides an opportunity for additional car parking for the facility. To the north of Florence Street is Munro Martin Park which is being upgraded to a regional parkland. The close proximity between the theatre and the parklands is a major attribute of the site and the development. There is also the potential to temporarily close Florence Street for events and link the two sites to create a major entertainment precinct. The site is a comfortable walking distance to the main pedestrian spine (Shields Street) and the Esplanade. This is demonstrated in the locality plan contained in the supporting information in Appendix 3. There are no specific planning and design controls for a theatre that is also public infrastructure. There are however, a range of planning and design outcomes that are expressed in the following statutory planning instruments: State Planning Policy; Far North Queensland Regional Plan ; and CairnsPlan The fundamental principles contained in these documents include, but are not limited to: urban development is located in an appropriate location, convenient and highly accessible, and strongly promotes consolidation of urban land for the efficient and cost-effective delivery of infrastructure;

10 42 development in Cairns actively contributes to its identity as a tropical locale with heritage and character, and increases the potential productivity and appeal that comes with this; and development avoids impacts on the natural resources that surrounds and supports the local economy, identity, community well-being and values. The proposed development is considered to advance these underlying principles, but more specifically comply with the applicable statutory controls. Other contemporary planning documents that give guidance and direction to the delivery of this piece of public infrastructure include: Cairns City Centre Master Plan; Draft Cairns Region Planning Scheme (CairnsPlan 2016); Cairns Regional Council Sustainable Building Design General Policy; and Tropical North Queensland Regional Economic Plan. Consideration of these documents has been undertaken and is discussed in the content of this report. State Planning Policy Assessment The State Planning Policy identifies the State s interests in making and amending planning schemes and for development assessment purposes. It focuses on five (5) themes: liveable communities; economic growth; environment and heritage; safety and resilience to hazards; and infrastructure. The development application undertakes a detailed assessment against the State Development Assessment Provisions demonstrating compliance with the State Planning Policy. Far North Queensland Regional Plan Assessment The site is included in the Urban Footprint within the Regional Plan. There are many land use policies that relate to the provision of resilient community and cultural infrastructure but the consistency with the Regional Plan is best expressed by its consistency with the urban development policy outcome: To ensure sustainable development, future urban growth needs to be contained within the urban footprint and managed in a way that: uses land efficiently;

11 43 minimises transport demands; encourages the cost effective provision of infrastructure and services; mitigates and adapts to projected climate changes; is consistent with the community s economic, social, cultural and environmental values; creates towns with their own character and identity; promotes and supports viable activity centres that offer a range of services and maximises local employment opportunities; and fosters a sense of departure and arrival to and from urban areas. The development application is for urban infrastructure that is facilitated in a location that will support the economic activity of the regional Principle Activity Centre (the Cairns City Centre) and will support a sense of identity, arrival and departure from the City Centre. It consolidates urban land currently used for the same purpose and is an efficient use of urban land. The proposed development is considered to meet the requirements of the Far North Queensland Regional Plan CairnsPlan Assessment The following table summarises the matters of CairnsPlan 2009 applicable to the development. More detailed commentary is contained in the discussions thereafter. CairnsPlan CBD North Cairns Planning District Code Applicability Planning Area Community Facilities Land Use Indoor Sport & Entertainment Overlays Hillslopes Character Precinct Vegetation Conservation & Waterway Significance Potential or Actual Acid Sulphate Soil Material Bushfire Management Flood Management Height and Impact of Buildings Overview The proposal is community infrastructure located on a site identified for community infrastructure purposes. There is no specific land use code applicable to the development. Not applicable to the proposal. Not applicable to the proposal. Not applicable to the proposal. Conditioned to ensure where construction proposes substantial excavation, examination is required and a plan for potential or actual acid sulphate soils is in place. Not applicable to the proposal. The floor level is to be located at 3.5m AHD which is 300mm above the 1% AEP flood level. The development is a tall building and provides sufficient setbacks to meet the requirements of the city image requirements.

12 44 General Operational Aspects of the Cairns International Airport Local Heritage Excavation and Filling Code Infrastructure Works Code Landscaping Code Parking & Access Code Reconfiguring a Lot Code Development Near Major Transport Corridors & Facilities The development, while a tall building offering night time activity, does not interfere with the operational aspects of the Cairns Airport. Not applicable to the proposal. Not applicable to the proposal. The site is connected to all necessary urban infrastructure. The proposal provides sufficient landscaping and design to comply with the code. The development provides at grade parking with access to three street frontages. A lesser quantum of on-site car parking is provided than specified in CairnsPlan. This is consistent with the existing Cairns Civic Theatre, and with development generally within the Cairns City Centre. A traffic impact assessment demonstrates that demand for parking is not coincident with peak demand for on-street parking and that given the availability of on-street and off-street parking in the vicinity of the site, the proposed parking numbers are acceptable. Not applicable to the proposal. The development is adjacent a significant intersection. A traffic impact assessment demonstrates safe access to and from the site and an assessment has been undertaken by the Department of Main Roads. Illuminated advertising must not cause adverse driving conditions. Desired Environmental Outcomes The Desired Development Outcomes for CairnsPlan aim to facilitate development that encourages:

13 45 urban consolidation, infill development and community infrastructure provision in an efficient manner; economic activity that supports the City Centre and the tourism industry, while maintaining its key functions in the orderly provision of retail, commercial, administrative, community, entertainment and leisure services to all communities having regard to their size, their location and their needs; and avoids impacts on natural resources and areas. Desired Environmental Outcome Economic Activity and Employment Centres The development facilitates cultural and entertainment infrastructure that supports the definition of the Cairns City Centre as the highest order centre in the Region and the economic activity therein. Desired Environmental Outcome Physical Infrastructure The development facilitates infrastructure in an efficient, economical and equitable manner and to a level necessary to achieve contemporary standards. The proposal represents redevelopment and consolidation of existing urban land, which is strongly promoted. Desired Environmental Outcome Community and Social Facilities The development represents the establishment of community and social facilities being located in a convenient and highly accessible location. Community Facilities Planning Area Code The purpose of this Code is to facilitate the achievement of the following desired development outcomes for the Community Facilities Planning Area: The establishment of community facilities such as schools, churches, community centres, State and Local Government facilities and major public utility depots or operations which are important to a District or to the City in locations which are convenient and accessible to the communities which the facilities serve; The ongoing operation of existing community facilities as important community resources; Any expansion or redevelopment of community facilities is in keeping with the purpose and character of the facility and with community needs. The proposed theatre is a form of infrastructure necessary to support the cultural needs of the community. This site is retained as a community resource.

14 46 P1 The height of all buildings must be in keeping with the intended character of the area and the height of buildings must not adversely affect the amenity of residential neighbourhoods. The proposed built form is in keeping with the intended built form having regard to the building height overlay, the mix of land uses in the vicinity of the proposal and Munro Martin Park which complements this proposal. P2 Buildings must be set back to ensure that they are compatible with the character of the area and do not adversely affect other uses, particularly residential uses and tourist and short term accommodation uses. The buildings are well setback from the street frontages, reflecting the opportunity for landscaping, car parking, internal circulation and future improvements to the site over the longer term. While car parking is located adjacent to accommodation uses, it has been in this location for some time and its continued use should not create a new or intensified impact. P4 The setbacks to car parking areas must be landscaped to enhance the amenity of the site and to provide a buffer to residential land and residential uses and tourist and short term accommodation uses. As mentioned, the current car parking has been provided within landscaping for some time. It is recommended that the landscaping along the boundary of residential uses be defined by deep plantings. As the car parking area is associated with a community use, it is recommended that a mix of landscaping is incorporated to define boundaries of the site, while also ensuring a general openness to the facility. P7 Buildings and structures are: a) responsive to the tropical climate by taking into account prevailing breezes and solar orientation; and b) designed to minimise energy consumption. Council has a Sustainable Building Design Policy and associated Guideline which aims to facilitate sustainability in new buildings and renovations to Council facilities. In line with the principles contained in the policy and guidelines Council has considered the long term maintenance costs and sustainability (including energy consumption) of the facility and incorporated independent recommendations into the design to ensure the ongoing functionality of the building. Potential or Actual Acid Sulfate Soils Code (Overlay) The development proposed must ensure that where excavation (or filling) triggers particular thresholds and depths, management and/or treatment of the material is undertaken. A condition is recommended to ensure that where the thresholds are triggered an acid sulphate management plan is in place.

15 47 Flood Management Code The development proposal must achieve immunity to the 1% AEP flood event. The minimum floor height required is 3.5m AHD which correlates to the finished floor level of the building. Height and Impact of Buildings Code The purpose of the Height and Impact of Buildings Code is to promote high quality, contemporary building designs that complement and enhance the established character and tropical image of the City. The proposed development is considered to achieve this outcome through its compliance with the performance criteria (and acceptable measures) as discussed below. P1 A site for a Tall Building must contain sufficient area and be of a suitable shape to ensure that the Tall Building does not have an adverse effect on the desired character and amenity of the surrounding area or on the amenity of adjoining premises. The site is located in Precinct 2 of the Height and Impact of Buildings Overlay. It has a site area of nearly 1.3 hectares. P2 Tall buildings must: a) reinforce the core of the CBD as the area accommodating the highest intensity of development; and b) ensure that there is a transition of building height from the CBD to the suburbs; and c) protect and enhance the image and tropical character of the CBD North Cairns District; and d) not detract from the character, heritage values and amenity of the Shields Street Precinct and e) Not cause undue overshadowing and loss of natural light to adjoining developments. The proposed building is approximately 26 metres in overall height, short of the 30 metre limit. Substantial setbacks are provided to the core building, while a portion of the built form is built on or close to the Grafton Street frontage. P3 The street frontage of Tall Buildings contribute to the character, amenity and vitality of the streetscape. It is considered that the proposed development contributes to the character, amenity and vitality of the streetscape, particularly as this site is a gateway to the City Centre. The built form is respectful to the gateway and reflects the region s tropical character by being landscaped forward of the building line with awnings and shading structures of lighter and naturalistic materials wrapping around the building façade. This complements the Munro Martin Park parkland improvements which sets a contemporary and distinctly tropical experience for the city.

16 48 In particular the building: provides a main entrance and design that addresses Florence Street and the two intersections, particularly the corners where pedestrians congregate; provides generous windows and internal balconies that overlook all street frontages and Munro Martin Park; limits areas of inactive design at the pedestrian level in the main building; limits opportunities for antisocial behaviour through its design; and is of an appropriate scale and design for the location and the human activity within and around the building. A3.3 Tall Buildings that have zero set back to street frontages, include an awning, verandah or other feature that: a) provides protection and shelter to pedestrians from the sun; and b) is complementary to the awnings on adjoining buildings in terms of design, height and aesthetics; and c) the underside of the awning is a minimum of 3 metres and a maximum of 4 metres above the finished level of the footpath. It is noted that the Grafton Street frontage is built close to the front boundary. A requirement of the acceptable measures is to provide awnings or other shade structures along these frontages. Particular consideration has been given to this as Grafton Street is a key link with the City Centre and will act as a key conduit of pedestrian activity. The project definition does not propose to construct awnings in this location in the first instance. However the plans of development acknowledge that architecturally designed, complementary awnings or structures can be provided. It is considered that the versatility of the design will allow for this to occur at any stage. While this acceptable measure is not met, it is considered that the performance criteria and purpose of the code is still achieved. It is recommended that Council consider the built environment of Grafton Street adjacent to the building as part of a holistic review of the City Centre Master Plan and projects that could be prioritised in such. P4 The overall design of Tall Buildings must exhibit tropical character and make a positive contribution to the quality of the built environment in Cairns The merits of the design are outlined in detail within the development application. It is considered that the building design is a suitable architectural expression of the tropical character of Cairns, particularly in a specialised building.

17 49 Operational Aspects of the Cairns International Airport The development is not of a scale to impact on the flight path, be affected by noise or contribute to bird and bat strike. Consideration for projection lighting in this location is required. A condition of approval has been provided to ensure that projected lighting does not impact on the operational aspects of the Cairns Airport. Landscaping Code The purpose of the Landscaping Code is to ensure that a high standard of landscaping is achieved in order to: Retain, promote and enhance the tropical character of the City; Enhance the natural environment of the City; Enhance the amenity of urban areas; and Create attractive streetscapes and public places. It is considered that the proposed landscaping achieves these outcomes. Each frontage has the ability to be defined by tropical landscaping which involves a mix of dense plantings and hardscape materials. Approximately 2,500m 2 of the site will be afforded a form of canopy in the longer term. It is noted that some concern has been raised by the community about the species or the ability for this landscaping to contribute to achieving tropical urbanism that is the subject of Council s more contemporary urban planning. A balance has been struck between the articulation and materials in the built form, the planted landscaping and the hardscaping that evokes a tropical character in this proposal. It is recommended that Council consider opportunities for the landscaped environment adjacent to the building as part of a holistic review of the City Centre Master Plan and projects that could be prioritised in such. Parking & Access Code Traffic, access and parking have been considered as an important component of the experience of the Cairns Performing Arts Centre. The proposal affords access to and from three street frontages with a range of short term (set-down and drop-off) facilities and longer term parking options available for patrons. A total of 158 spaces are provided on-site. While CairnsPlan requires the provision of 1 space per 5 seats (a total of 268 spaces) for theatres, a traffic impact assessment and parking demand analysis identifies that for normal events, the required parking demand is likely to be in the order of 188 spaces for a fully occupied event. There is a substantial number of on-street parking spaces available adjacent to the site, and in the vicinity of the development. Further, the peak event occurs around 7.30pm. This means that the demand for on-street parking as a result of peak daytime use is non-coincident with the peak demand for on-street parking associate with the theatre. It is considered that the parking, access and manoeuvring areas meet the purpose of the Parking and Access Code which is:

18 50 Parking (for passenger vehicles, buses, commercial vehicles and bicycles) is provided to service demand generated by development; Accessible and convenient on-site parking is provided. In particular short term parking with comparable amenity to on-street parking is provided; The provision of on-site parking, loading/unloading facilities and the provision of access to on-site parking does not adversely impact on the efficient functioning of the road network or on the area in which the development is located; Access to premises is safely located, consistent with the preferred ultimate road and streetscape concept plan, and does not unduly disrupt current or future onstreet parking arrangements. To further enhance the functionality and availability of on-street parking around the facility, a recommendation is made to Council to prepare and endorse a car parking strategy to manage on-street parking in the northern periphery of the Cairns CBD (to include areas around the Cairns Hospital) in the short and medium term. The strategy should recommend thresholds at which regulation, physical changes to the on-street parking arrangements, and off-street car parking facilities should be implemented. Development Near Major Transport Corridors & Facilities Code The site is located adjacent to Florence Street and Sheridan Street and their intersection which are significant conveyors of traffic. An assessment of the impact on this network has been undertaken and it has been demonstrated that any impact on traffic movements as a result of the development can be adequately accommodated within the current planning. A condition about illuminated advertising is recommended to manage any impact on traffic safety. Other Planning (Non-Statutory) Considerations A number of Council s guidelines, policy documents, and plans form part of a rounded consideration of the proposed public infrastructure development. These include, the Draft Cairns Region Planning Scheme (CairnsPlan 2016), Cairns City Centre Master Plan, Regional Economic Development Plan, and Council s Sustainable Buildings Guideline. Community consultation has occurred about the project and is a consideration in the overall assessment of the development. For clarity, it must be noted that the following discussions cannot form part of the statutory assessment of the development proposal as it is not material that forms part of CairnsPlan Submissions about the proposal raise these matters and as such have been considered for the purpose of addressing the submissions in detail.

19 51 Draft Cairns Region Planning Scheme The Draft Cairns Region Planning Scheme (to be known as CairnsPlan 2016) is expected to commence in the very near future. While a number of new policy outcomes would apply to this form of development, the document does not have a statutory effect in considering the present development application. Notwithstanding this, consideration of these policy outcomes is discussed below. Cairns City Centre Local Plan Code The Cairns City Centre Local Plan intends to facilitate the establishment of the principal centre for the Region though a range of development outcomes including recreational and entertainment activities. the widest range and most diverse mix of the highest order retail, commercial, employment, residential, administrative, community, cultural, recreational and entertainment activities are established within the local plan area; The proposed development contributes to the cultural and entertainment activities envisaged in the City Centre. development that creates an attractive, comfortable, active, safe and responsive public realm that defines street character and activity, and which provides for the city in a rainforest street environment; The proposed development advances the principles of attractive streetscape spaces with defined character. The proposed plans identify the opportunity for further, purposefully designed awnings adjacent to the building and over the Grafton Street frontage at a later point in time. This will enhance the connections back to the City Centre. It is recommended that this be explored as part of a holistic review of the Cairns City Centre Master Plan. development interacts with and contributes to a sense of local identity; The development provides for a gateway to the City Centre and is evocative of the tropical setting for the City. Along with Munro Martin Park, The Precinct renews the sense of the City in a Rainforest and the community s identity. development contributes to a well-connected and integrated city that is strengthened by activity and a connected network of pedestrian pathways, arcades and laneways, cycle routes and public transport; The proposed plans identify the opportunity for further, purposefully designed awnings adjacent to the building and over the Grafton Street frontage at a later point in time. This will enhance the connections back to the City Centre. It is recommended that this be explored as part of a holistic review of the Cairns City Centre Master Plan.

20 52 development contributes to an inclusive, active, healthy and engaged community with a high level of access to social, cultural and community services, infrastructure and facilities; The development affords the community a significant piece of social and cultural infrastructure. development is characterised by high quality urban design that responds to the tropical climate and complements adjoining and nearby development to achieve an appropriate and memorable cityscape and streetscape form; The proposed development offers a contemporary, high quality architectural design that reflects the tropical character and locality. It is respectful to surrounding development and the gateway upon which it sits. It has the potential to contribute to a memorable cityscape and streetscape. development demonstrates tropical urbanism through: providing a high standard of design reflective of the qualities of good urban places; buildings and structures by their design and setting reflect the concept of a city in a rainforest ; appropriate use of materials and landscaping; provision of shading to all facades to improve occupant amenity and the appearance of the building; The proposed development provides a high standard of design, reflective of the tropical amenity and character of Cairns. It is complemented by the use of contemporary and respectful materials and landscaping and affords shading for patrons of the facility. It is acknowledged that there are alternative means of achieving an exemplar in tropical urbanism, however it is considered that the proposal meets the intent of the policy. development addresses the street, and provides active and articulated frontages of a human scale and includes uses that encourage interaction with the street; The proposed development is setback from the street frontage. However it encourages interaction with the street through its design and layout and minimises areas that are not activated at the human scale.

21 53 development allows for views to and from prominent and important city landmarks and retains and enhances vistas to the mountain ranges, ocean and the Esplanade; As the proposed building is largely setback from the street frontages, the views and vistas to the mountains and Esplanade are maintained from key or prominent gateways and intersections, and from surrounding public places. footpaths are provided with continuous shelter that provides protection to pedestrians from sun and rain; The proposed plans identify the opportunity for further, purposefully designed awnings adjacent to the building and over the Grafton Street frontage at a later point in time. This will enhance the connections back to the City Centre. It is recommended that this be explored as part of a holistic review of the Cairns City Centre Master Plan. landscape treatment at street, podium and tower components of development, is of a high standard that reflects and reinforces the tropical image of the region; Landscaping of the areas between the building and the street are proposed that will reflect the tropical image of the region. Additional landscaping treatments may be made over time to fully realise this vision. the provision of continuous facades and active frontages or the amenity of the streetscape; As this is a piece of public infrastructure, and not located in the core of the City Centre, it considered inappropriate to provide an entirely continuous façade and active frontage. However the streetscape proposed contributes to a high standard of amenity. vehicle parking areas are integrated within or behind buildings to ensure they are not visual features of the local plan area; As discussed previously in the report, this is a difficult proposition as it would likely result in an inappropriate built form for this site and infrastructure. high quality public transport facilities are provided at key locations; Public transport facilities have been planned within a walking distance from the site. appropriately scaled public art and cultural infrastructure is provided;

22 54 The development proposal is appropriately scaled cultural infrastructure. The overall built and landscaped form, along with Munro Martin Park parkland improvements is intended to serve as a form of providing a social and cultural experience. development contributes to establishing a defined edge between Precinct 1 City centre core, Precinct 2 - City centre frame and sites situated outside the City centre local plan area; The proposed development is located on the gateway to the City Centre, in its fringe, representing a defined edge and supporting structure to the core, which has the highest and most intense form of development. the operational aspects of the Cairns Airport and Port of Cairns are protected. The development will not impact on the operational aspects of the Cairns Airport. Lighting emissions represent the highest risk in this consideration. However confirmation from the relevant aviation authorities is recommended once detailed projected lighting is known. Tropical Urbanism The Cairns City Centre Local Plan identifies that: Cairns City has the opportunity to be an exemplar of tropical urbanism creating a built environment that is uniquely tropical in both the streetscape and through the urban design and built form response. The design of buildings and the creation of high quality urban places is a priority of this code. It is suggested in submissions against the proposal that the design and experience of the development does not achieve this outcome, particularly with respect to the opportunity to provide an exemplar of the policy intent. Greater vertical/depth of landscaping, awnings and connections back to the City Centre core, sustainable building design and architectural expression are all raised in support of the submissions. It is expected that this vision will be realised over time as Council will continue to play an integral role in the delivery of other complimentary infrastructure in the City that will advance the achievement of tropical urbanism in development. Having said that, the proposed development (when considered in isolation) still provides a built form and layout that achieves the desired tropical design and character.

23 55 Cairns City Centre Master Plan The Cairns City Centre Master Plan establishes a framework to reinforce the primacy of the Cairns City Centre in the region. It identifies urban structure and streetscape improvements that will lead to the achievement of this objective. The structure of the city centre primarily focuses on two key links which are the focus of connectivity, land use and night time activity. These are Shield Street, between Cairns Central and the Esplanade, and Grafton Street and the Waterfront of Trinity Inlet. The key focus of this latter link was the Cairns Entertainment Precinct. It is acknowledged that this piece of infrastructure is no longer part of the current vision for the City Centre, however it does not mean the structure will not be realised. Substantial development is proposed and approved around this key waterfront node which will continue to drive demand for night time and entertainment activities. The PortsNorth land use plan identifies a range of tourist accommodation, tourist activities and supporting uses, including entertainment. These will be realised over time. Council has focused on the delivery of the infrastructure in Lake Street and Shields Street, along with the planning scheme, which advances improvements to the streetscape and connectivity that will best enhance the identity and appeal of the City Centre. The change in location of a regional entertainment facility in this structure will likely have some effect on realising the vision in the Master Plan. So too will the increased development yield afforded under the new planning scheme, which has wide support of the community. The new location of this key piece of infrastructure in the City should be recognised and when the City Centre Master Plan is reviewed, it should take into account the change in location of the entertainment facility, along with the substantial development approved on the fringes of the CBD, changes in people s transport behaviour, and long term strategic planning to accommodate this. Despite the impact this development decision may have on achieving the vision of the Master Plan, it is not considered a reason to refute the merits of the current development proposal and the redevelopment of this site still achieves many of the outcomes proposed in the City Centre Master Plan. It is recommended that Council undertakes an exercise to identify the structural elements of the Master Plan and priority streetscape improvements needed to reflect the change to the urban structure resulting from the reinvigoration of the Cairns Performing Arts Centre on the former Civic Theatre site. These changes, like all elements of the Master Plan, will be subject to consultation and budgetary considerations.

24 56 Tropical North Queensland Regional Economic Plan The Tropical North Queensland Regional Economic Plan Outlines a vision that in 2031 Tropical North Queensland will be The World s Leading Sustainable Tropical Region. It is acknowledged that this vision is simple in its wording but complex and full of implications. It has been argued that this decision does not achieve a specific action under the objective - Actively promote priority growth opportunities. In this part, action 1.8 states: Progress the implementation of the Cairns Entertainment Precinct to provide a world class facility for the use of the regional community and visitors thereby increasing economic and social opportunities. Council has undertaken financial forecasting that suggests that the ongoing cost to the community to undertake this action would eventually burden the community through rate increases to facilitate the Cairns Entertainment Precinct. Whilst it is not necessarily a consideration of this planning decision, as an infrastructure provider Council has needed to balance its decision to pursue a world-class facility as a means of increasing economic and social opportunities with that which is equally being identified in current development opportunities and approvals in the City Centre where increased yield and mixed use is being pursued by private investment. Notably, the proposed theatre will still achieve the intended use by the regional community and visitors alike thereby increasing economic and social opportunities. Sustainable Building Design Policy and Guideline Council has a Sustainable Building Design Policy and associated Guideline which aims to facilitate sustainability in new buildings and renovations to Council facilities. In line with the principles contained in the policy and guidelines, Council has considered the long term maintenance and sustainability of the facility with independent recommendations sought and incorporated into the building design. Community Consultation on the Precinct Council has undertaken a community consultation program about the Precinct, including the Cairns Performing Arts Centre. A report on the community consultation for the project can be found in document # , considered at Council s Ordinary Meeting held on 16 December Public Notification / Submissions Public notification was undertaken in accordance with the requirements of the Sustainable Planning Act 2009 between Tuesday 5 January and Thursday 28 January, Some concern has been raised about the availability or direction to the development application material on Council s website. To remove any doubt, all application material was held in the appropriate location and fully available, despite a numerical error in the text on The Precinct webpage.