Assessment Question
Bigger is Better Pty Ltd has applied to Growing Outwards City Council (GOCC) to build a full line supermarket, an underground car park, a gymnasium and an additional office block at an existing local shopping centre, Koollaby Square, on the outskirts of Growing Outwards City. It plans to build additional retail outlets in the future. These new developments will eventually see a doubling in the size of the existing shopping centre.
Bigger is Better Pty Ltd has also acquired an adjacent block of land and it has simultaneously applied to develop a residential estate consisting of 80 town houses and two three storey apartment blocks (providing 120 units) that will have pedestrian access to the shopping centre and existing bus routes. Although the land is currently zoned low density residential, Bigger is Better Pty Ltd argue the site is ideal for this development. It claims the residential development will be walkable, well serviced and well-connected, providing “contemporary living for today’s community”. It will improve urban density; provide an additional market for the new facilities proposed for Koollaby Square and respond to existing strong demand for affordable and convenient housing.
The current GOCC planning scheme entered into force in 2012. Its Strategic Framework includes the following statements and policies:
Strategic theme: Urban development
1. In line with the Southeast Queensland Regional Plan, Growing Outwards supports urban consolidation where appropriate and in accordance with good urban design principles.
2. In general, medium and high density development will be confined to designated activity centres and / or sites well served by public transport infrastructure.
3. Growing Outwards seeks to foster active and healthy lifestyles for its residents by offering good access to outdoor and nature based recreational opportunities wherever possible.
4. To ensure orderly development, commercial centres will normally be developed in accordance with the hierarchy and size limits set out in the Code on Activity and Commercial Centres.
The proposed commercial development would make Koollaby Square significantly bigger than its current designation as a Local Retail Outlet under the Code on Activity and Commercial Centres.
Other applicable codes include the Code on Medium Density Development which states (among other things):
Overall outcome:
Medium density residential development will provide safety, privacy and a high standard of amenity for its residents.
Performance outcomes:
1. Development comprising more than 80 residential units will provide communal open space.
2. Development will be sensitive to, and blend with, adjacent residential development.
Acceptable outcomes:
1. A mix of parkland, bikeways and footpaths will comprise at least 15% of the land to be developed.
2. New development will not create unreasonable overshadowing or noise impacts for existing residents.
3. Screening and shade trees will be employed for privacy, cooling and softening the built appearance.
4. Design will respond creatively to Growing Outward’s sub-tropical climate and the local landscape.
Council has received a number of submissions objecting to the proposed residential development. These express concerns about the size and density of the residential development; the anticipated increase in noise impacts and traffic congestion and, in general, the poor quality of the design which includes minimal outdoor space for each unit and no communal space other than landscaped roundabouts and footpaths. A petition from local residents claims the residential proposal is “a massive over development that is inconsistent with the amenity of existing low density residential homes in the area”.
Council has also received submissions objecting to the shopping centre proposal based on noise impacts, traffic congestion and lack of need for the development given the nearby location of an alternative full line, grocery shopping facility.
You are the town planning committee for Growing Outwards. Decide both or either one of these applications explaining the law and facts which have guided your decision.
Philippa England