Petitions | Brisbane City Council

Objection to the Development Application for 35 Ferry Street, Kangaroo Point (A004060583)

Principal Petitioner Marci Webster-mannison, Paddington
Date Closed Thu, 01 Jun 2017 This epetition has ended
No. of signatures 19 signatures

(View signatures)

Development Application A004060583 for 35 Ferry Street, Kangaroo Point, fails to satisfy a number of fundamental requirements of the Kangaroo Point Peninsula neighbourhood plan and the Brisbane City Plan 2014. The proposed development is in serious violation of Council requirements and puts at risk the overall development viability of the neighbourhood plan in terms of infrastructure provision, flood management and water quality, as well as community expectations for well-designed, location-responsive, high density residential neighbourhoods.

• the building size of 24,473 m2 is almost four times the maximum GFA permitted within the high density zone

• site cover of 65% compared to the maximum of 40%

• the proposed 15 and 21 storey building heights are 12 and 18 storeys higher than the three-storey height limit for the Dockside D2 sub-precinct

• the proposed multi-storey podium which is largely car parking covers most of the site

• The resultant building bulk prohibits compliance with Council codes and guidelines such as Multiple Dwelling Code and Buildings that Breathe; e.g. required communal open space landscape area, water conservation services, and deep tree planting and landscaping, north aspect for dwelling, cross ventilation, daylight, etc.

• facing the units due east and west, rather than the north to north-east orientation required by the Multiple Dwelling Code will directly increase electricity running costs and significantly reduce the quality of the units’ living areas

• the proposed deep tree planting area of 4% is less than half of the 10% required, furthermore, compliance with deep tree planting requirements is not substantiated

• non-compliance with the Stormwater Code will exacerbate flooding and threaten water quality

• residents are deprived of functional private open space as balconies do not meet the minimum area

• varying five to six-metre setback to front boundary is less than the mandatory setback

• the non-compliant setbacks are exacerbated by the excessively high tower blocks that overshadow neighbours, including the adjacent Heritage Sites, for extended periods daily and seasonally

• views are impaired to the former Evans Deakin Dry Dock, a listed local heritage place (reduction in width from approximately 33 metres to between 6.5 metres and 12 metres)

• demolition of part of the dry dock and proposed building in the current open space will substantially reduce the amount of landscaped area

• the current transition between the high-density Dockside Towers and the low-density traditional housing on the southern side of Cairns Street is destroyed by replacing the existing four-storey Point Residences with two high-rise towers immediately opposite the five heritage-listed houses at 29 to 35 and 37 Cairns Street

• additional retail is not justified

• reduction of building separation to 19 metres is below the minimum allowable. Also concerning is that this tower separation is not achieved in relation to neighbouring developments

• inadequate response to traffic, pedestrian crossing, car parking and servicing requirements

• only the minor superficial amendments have been made in response to Council’s request for further Information. Given the extent of non-compliance and the submission’s lack of an appropriate level of information, only some of the key issues have been identified in this petition.

Your petitioners therefore request that this application be refused.

Council response

Thank you for your petition of 1 June 2017, objecting to the proposed development at 26 Cairns Street, and part of 35 Ferry Street, Kangaroo Point (application reference A004060583).

Your petition was considered by Council at the meeting of 24 July 2017 and Council can respond to you as follows.

The subject site is located on the corner of Cairns and Deakin Streets, Kangaroo Point, with a total area of 4,964 m2 and is located in the High density residential zone (up to 15 storeys). The site is included in the Dockside precinct within the Kangaroo Point Peninsula neighbourhood plan.

The adjoining property at 78 Cairns Street and the dry dock at 44 Ferry Street are local heritage listed. Furthermore, four cottages across from the site along Cairns Street are also heritage listed. These cottages are currently used as office space. The part of the subject site that also contains a dry dock is not heritage listed, as this was constructed in 1969, as an extension to the existing dock and it was then used as a ship repair facility.

The current application is for Material change of use (development permit) and carrying out building work (preliminary approval) for multiple dwellings (311 units), indoor sport and recreation, food and drink outlet, shopping centre, shop, office, caretaker’s accommodation and home based business, and preliminary approval for operational works to fill the portion of dry dock located within the subject site. This application was approved against the requirements of Brisbane City Plan 2014 (City Plan) and in accordance with the provisions of the Sustainable Planning Act 2009 (SPA) on 17 May 2017.

During the assessment of the application, an Information Request was issued by Council on 2 April 2015, requesting that the applicant responds to the matters raised including, building height, site cover, view corridors, interface to the dry dock, compatibility with the Dockside precinct, setbacks and building separation, façade details, private open space, stormwater, landscaping/deep planting and engineering details The applicant responded to the Information Request on 10 August 2015.

After the applicant responded to the Information Request, public notification took place under the requirements of SPA for 15 business days from 13 August to 4 September 2015. During this period 27 valid submissions were received. As the proposal is an impact-assessable application, any matters raised by submitters were considered as part of the assessment process. Formal submitters are afforded appeal rights within the Planning and Environment Court if they are not satisfied with Council’s decision. It is noted that you were not a submitter to the application.

After submissions were received and assessment was made of the applicant’s responses, Council sent a Further Issues letter to the applicant on 18 November 2015. This letter requested additional work addressing the issues not considered sufficiently responded to within the Information Request response. The applicant responded to this request on 7 February 2017, with a reduction of building height, reduction of building footprint and an increase in setbacks and deep planting. Council assessed the applicant’s response to the Further Issues letter and made a decision to approve the application on 17 May 2017.

Further information detailing Council’s response to concerns raised by submitters can be found on Council’s website at and searching the application reference.