Delegated Report - Code - Planning RAL21 0016

Author	Consultant Planner
Assessment Manager, Lisa Pienaar	Development Assessment
APPLICATION DETAILS
Application No.	RAL21/0016
Applicant	Van der Walt Property Trust
Proposal	Reconfiguring a Lot – Residential (1 into 2)
Properly Made Date	3 August 2021
Information Request Date	18 August 2021
Information Response Date	2 September 2021
Decision Due Date	22 October 2021
Report Completed Date	12 October 2021
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	108 Goodwin St Tewantin QLD 4565
RP Description	Lot 1 RP 128401
Land Area	1,821m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Tewantin
Overlays	Acid Sulfate Soils Overlay – Aerewa 1 Above 5mAHD Landslide Hazard Overlay – Moderate Hazard Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot – Residential (1 into 2).   The proposal is to demolish the existing dwelling and associated outbuildings on site and create two new lots comprising of 910m2 each by dividing the existing lot into 2.   Each new lot will have 20.12m frontage to Goodwin Street.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 –Proposal Plan
site details
Site Description
The subject site is 1821m2 and has a slight slope up from Goodwin Street.  The site includes mature vegetation along the frontage of the site.  An existing dwelling is currently positioned within proposed lot 2 and extending into proposed lot 1.
Surrounding Land Uses
Surrounding land uses included established dwelling houses.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Tewantin Local Plan Code;
Reconfiguring a Lot Code; and
Works Codes.
The subject site is located in Tewantin and is zoned Low Density Residential.  The proposal is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Reconfiguring a Lot Code
The code seeks that a 600m² minimum lot size is achieved with a minimum average width of 17m and a minimum frontage of 4.5m. The proposal exceeds the average width and frontage width required and exceeds the minimum lot size.
Services
The proposed lots are capable of connecting to existing services, an extension of a sewer main is required to service proposed lot 2.  The lots can provide a stormwater management system to connect to a lawful point of discharge.
Frontage works
The site’s frontage currently has street trees along the frontage of proposed lot 2.  The trees have been conditioned to remain, subject to further operational works application to have specific trees removed for the purpose of installing infrastructure.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer, Development Assessment
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL21/0016 for a Reconfiguring a Lot – 1 into 2 Residential lots situated at 108 Goodwin St Tewantin and described as Lot 1 RP 128401, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0016
Street address:	108 Goodwin St Tewantin Qld 4565
Real property description:	Lot 1 RP 128401
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – (1 into 2 residential lots)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
210242-101-PRO	C	Plan of Proposed Subdivision of Lots 1 & 2 cancelling 1 on RP128401, prepared by Bennett and Bennett	5/07/2021
2756-C01	-	Concept Engineering Services Plan prepared by Contour (as amended by Council)	02/08/2021
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
This development approval lapses if the use has not happened by 12 October 2025, unless an application to extend the currency period is approved by Council.
External Works
Any sections of footpath or verge area that are disturbed as a result of the installation of the proposed sewer main must be fully reinstated at no cost to Council. The footpath and verge reinstatement works must be undertaken in accordance with an Operational Works approval.
Dwelling removal
The dwelling must be removed prior to the sealing of the survey plan or alternatively and in the event part of the dwelling remains, the building must comply with setbacks in Noosa Plan.
Street Trees
The street trees located in front of Lot 2 are to remain unless an Operational Works approval to have specific trees removed is granted for the purpose of installing infrastructure.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy PSP 2 – Landscaping and must include in particular 2 x 45 litre street trees per lot frontage, totalling 4 street trees within the frontage. The plans identifying the location and species must be submitted for Operational Works approval.
Vacant site
The ground surface of the lots must be effectively stabilised (which may be turf) so as to not cause nuisance to the surrounding area to the satisfaction of Council. This must be actioned within 30 days of this approval.
Property Access and Driveways
A residential driveway/crossover must be provided to each of the new Lots from Goodwin Street and must be designed to ensure that the kerb ramp located to the south of the frontage of Lot 2 is not effected by the new crossover. The works must be undertaken in accordance with an Operational Works approval.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval.
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Earthworks and Retaining Walls
All cut, fill, associated batters and retaining walls along the property boundary must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. A preliminary construction management plan for the earthworks and boundary retaining walls must be submitted with the Operational Works application.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Frontage work, Stormwater, Earthworks, Services, Landscaping, Vegetation Clearing
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image2.png (image text)]
Existing Shed
(to be removed)