Objection to the Development Application for 162 Lambert Street, Kangaroo Point (A004506820)

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

(View signatures)

The Development Application for 162 Lambert Street, Kangaroo Point (A004506820), 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 4,140 m2 is almost three times the maximum GFA permitted within the high density zone

• site cover of 61% compared to the maximum of 40%

• the proposed building height of substantially 14 storeys in relation to ground level is four storeys higher than the 10-storey height limit

• 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

• the proposed area calculation of deep tree planting is unsubstantiated

• stormwater collection, treatment and storage is not adequately detailed or substantiated, nor have appropriate Water Sensitive Urban Design (WSUD) principles to be incorporated

• The proposed five-metre side setbacks, rather than the mandatory 10-metre setback exacerbates the impact of the excessively high tower block on neighbours, including the adjacent Local Heritage Place in terms of overshadowing, serious privacy and overlooking and general amenity.

• The non-compliant five-metre setback, compromises development of the adjoining sites because Council's preferred 20-metre setback between buildings cannot not reasonably be met

• The Heritage Overlay Code is contravened by the unsympathetic scale, bulk and building form and materials of the proposed development

• The proposed partial demolition of Thornclyffe, a Local Heritage Place, including the removal of the existing service (kitchen) wing, severely diminishes the heritage values of Thornclyffe

• The relocation of the Local Heritage Place building is likely to result in damage to existing trees and possible loss of building fabric

• The proposed multi-unit development is not appropriately setback from the existing Local Heritage Place resulting in a separation of only 740 milimetres at the closest point

• Both short and long-range views available to existing neighbours are blocked. 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 162 Lambert Street, Kangaroo Point (application reference A004506820).

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 within the High density residential zone and is located in the Kangaroo Point Peninsular neighbourhood plan as part of Brisbane City Plan 2014 (City Plan). The site also accommodates a local heritage place. This site was zoned as High density residential under Brisbane City Plan 2000, therefore the intent for future residential re-development of the site has not changed.

As the site is also located in City Plan’s Heritage overlay, any proposed redevelopment of the site and adjoining sites is required to ensure that the heritage value is preserved and must not impact on the values of the heritage place. While the subject site contains a heritage place, proposed future development on the site or adjoining sites is not necessarily precluded but rather needs to ensure that the heritage values are not compromised.

The development application for the partial demolition and relocation of a local heritage place and proposed multiple dwelling (34 units) was assessed by Development Services, City Planning and Sustainability, against the requirements of City Plan, in accordance with the provisions of the Sustainable Planning Act 2009 (SPA) and was subsequently approved on 22 June 2017.

During the assessment of the application, an Information Request was issued by Council on 2 December 2016, requesting the applicant to respond to the matters raised including impact on the heritage place, building height, building separation and setbacks, site cover, private open space, car park layout and function, stormwater, landscaping/deep planting and streetscape works. The applicant responded to the Information Request on 7 February 2017.

Following receipt of the applicant’s response to the Information Request, public notification took place under the requirements of SPA for 15 business days from 9 February to 1 March 2017. During this period, 38 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 also afforded appeal rights within the Planning and Environment Court if they are not satisfied with Council’s decision. I note 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 4 April 2017. This letter requested additional information addressing the issues considered insufficiently responded to within the Information Request response. The applicant responded to this request on 4 May 2017. Council assessed the applicant’s response to the Further Issues letter and made a decision to approve the application on 22 June 2017.

Further information detailing Council’s response to concerns raised by submitters can be found on Council’s website at www.brisbane.qld.gov.au/pdonline and searching the application reference.