Development and Building
You are here: Home / Development and Building / Development Applications / 2021 Notices of Decision / NOTICE OF DECISION DA/4297

NOTICE OF DECISION DA/4297

Development Permit for a Material Change of Use

DESCRIPTION OF THE DEVELOPMENT

Approval Type:Development Permit for a Material Change of Use
Development Description   

DA/4181 -  – Low Impact Industry (Mechanic Workshop) and Caretaker’s Accommodation – Low Impact Industry (Mechanic Workshop) and Caretaker’s Accommodation – 46 Charlotte Street, Cooktown – Lot 202 on C17915

Decision: Approved in full with conditions
Decision Date: 14 September 2021

                                              

APPLICABLE ASSESSMENT BENCHMARKS

Planning Scheme:

Cook Shire Council Planning Scheme 2017 (v2.0, 25 November 2019)

  • The Strategic Framework;
  • Low Density Residential Zone Code;
  • Residential Use Code;
  • Parking and Access Code. 
Planning Regulation 2017

No part of the application required a referral to the State Assessment Referral Agency (SARA) under the Planning Regulation 2017

Regional Plan:  Cape York Regional Plan
State Planning Policy
(Part E):

All aspects of the State Planning Policy have been adequately reflected in the Cook Shire Council Planning Scheme 2017. Therefore assessment against the applicable Planning Scheme provisions will address any relevant State issues.

OTHER RELEVANT MATTERS

In assessing the application, Cook Shire Council had regard to the development having demonstrated areas of non-compliance with several of the applicable assessment benchmarks. Notwithstanding this non-compliance, the following ‘relevant matters’ have been considered as part of the assessment of the application:

The Planning Scheme cannot, at the time of drafting, anticipate the precise needs of the community through the zoning structure. In this case there is a known shortage of available industrial land for sale within Cooktown which limits the ability of industrial businesses to develop and expand.

The land use context of the immediate surrounding area is relevant in terms of considering the proposal. Cairns Hardware is adjacent to the proposal, while a tourist park is across the road and there are other established industrial land uses within close proximity. In this sense, the proposed development can be considered an extension of the existing non-residential cluster, as opposed to the intrusion of a non-residential use into a developed residential area. In addition, the area is not closely settled which assists in limiting potential amenity or character impacts as a result of the proposed development.  

There has been sufficient technical information submitted with the application which demonstrates that the proposed development is not expected to adversely impact on the surrounding existing or future residential uses in terms of noise and air quality levels. 

SUBMISSIONS

No submissions were received during the public notification period of this application. 

REASONS FOR THE DECISION

Cook Shire Council approved in full with conditions the application as it complied with the applicable assessment benchmarks. In particular:

  1. An assessment was made against the applicable assessment benchmarks and the proposed development demonstrated compliance.
  2. The proposed development will have no detrimental impact on the surrounding land uses. The relevant acoustic and air quality reports demonstrate that the proposed development is not expected to adversely impact on the surrounding noise and air quality levels. 

ABN: 45 425 085 688

10 Furneaux Street Cooktown, Qld 4895

Mail: PO Box 3 Cooktown, Qld 4895

Email: mail@cook.qld.gov.au

Phone: (07) 4082 0500

Fax: (07) 4082 0588

Hours: 8.45am-4.45pm Monday to Friday