Council Planning Report MCU17/0028

MCU17/0028, OPW17/0120 & REC17/0012 – request for negotiated decision notice - DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING TYPE 2, RECONFIGURE A LOT (1 LOT INTO 2 LOTS) AND OPERATIONAL WORKS (ENGINEERING WORKS) situated at 23 TEWANTIN rOAD, COOROY

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU17/0028/ REC17/0012/ OPW17/0120

Attachments	Nil

APPLICATION DETAILS
Applicant	Tea 4 Two Pty Ltd TTE
Proposal	Request for Negotiated Decision Notice for Development Permit for Material Change of Use of Premises - Multiple housing Type 2 - Duplex
Decision Approval	17 August 2017

PROPERTY DETAILS
Property Address	23 Tewantin Rd Cooroy Qld 4563
RP Description	Lot 102 C 5604
Land Area	1012m²
Existing Use of Land	Residential Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy and Lake Macdonald
Zone	Semi-attached housing
Overlays	Nil
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 7 November 2017 regarding representations to change conditions of a Development Permit for a Material Change Of Use for Multiple Housing Type 2 (MCU17/0028), Reconfigure A Lot - 1 Lot Into 2 Lots (REC17/0012) And Operational Works - Engineering Works (OPW17/0120) situated At 23 Tewantin Road, Cooroy and:
Refuse to delete Condition 3 for the following reasons:
The condition is consistent with the Noosa Plan requirements for the Cooroy and Lake Macdonald Locality and surrounding properties consistently have roof forms of at least 12 degrees.
The roof of the new dwelling will be visible to adjoining properties and from Kauri Street.
The increased height attributed to the increased roof pitch will not result in development that is excessively bulky.
Refuse to change condition 29 for the following reasons:
Community Title Statement’s do not regulate development and provide no certainty as to what development will occur on the site.
The proposed change is contrary to the outcome intended by the Noosa Plan as the Noosa Plan only permits smaller lots through community title subdivision where there is an approved development and the lot size is reflective of the approved development.

REPORT
PROPOSAL
The applicant has requested a Negotiated Decision Notice for the Development Permit for a Material Change of Use for Multiple Housing Type 2, Reconfigure a Lot (1 lot into 2 lots) and Operational Works (Engineering Works), at 23 Tewantin Road Cooroy; which was issued on 17 August 2017.
Pursuant to Section 361 of the Sustainable Planning Act the applicant has requested that a Negotiated Decision Notice be issued addressing conditions 3 and 29 contained within the Decision Notice.
Condition 3 states:
The roof of the new dwelling must have a roof pitch of no less than 12 degrees and have minimum 600mm eaves to at least 75% of the perimeter of the building.
Condition 29 states:
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 plan sealing
site details
Background
On 17 August 2017 a Development Permit was issued for a Material Change of Use for a Multiple Housing Type 2 – Duplex, Operational Work (Engineering Works) and Reconfiguration of a Lot - 1 Lot into 2 Lots.
The development involves the retention of the existing dwelling which faces Tewantin Road and the construction of a second dwelling unit to the rear of the site which will face Olivine Lane. Works associated with the front unit include a new vehicular access from Tewantin Road leading to a carport and tandem visitor space located along the eastern boundary.
The new rear unit is to be a single storey 3 bedroom dwelling, clad with weatherboard and pitched roof form. This unit takes vehicular access from Olivine Lane and provides an enclosed garage attached to the unit and a separate visitor carparking space and manoeuvring to the front of the site. (refer figure 1)

Figure 1 – Site plan and elevations
The approval also allows for the reconfiguration of the lot to create a Community Title Scheme with services constructed for each lot. Lot 1, which contains the existing dwelling, has an area of 494m² with the rear lot 2 having an area of 514m².
Operational Works approval was provided for road works and stormwater.
The application was a code assessable application and was referred to the Planning & Environment Committee meeting due to the conditions proposed for the widening of Olivine Lane and staging of the subdivision.
Site Description
The site is a rectangular shaped parcel of land located on the north western side of Tewantin Road, Cooroy. The site has frontage to both Tewantin Road and Olivine Lane and slopes down from the Tewantin Road frontage to Olivine Lane with a fall of approximately 4 metres and slope of 15%.
An existing single storey brick dwelling is located on the site 4.5 to 5.0 metres from the Tewantin road frontage. Existing vegetation is limited to amenity landscaping around the periphery of the site.
Surrounding Land Uses
The site is located in an established residential area that is characterised by low set residential dwellings, however, is experiencing change with a number of sites being developed for units. Specifically, the site directly to the west of the site at 21 Tewantin Road has been developed for three, two storey units, whilst the northern section of Olivine Lane has a number of duplex dwellings developed. The following image details the site and its location:

Figure 2: Subject site
assessment
Condition 3
The roof of the new dwelling must have a roof pitch of no less than 12 degrees and have minimum 600mm eaves to at least 75% of the perimeter of the building.
Issue:
Request to delete condition 3.
Applicant’s Representation:
The written submission accompanying the application states:
The applicant seeks the deletion of this Condition to permit the construction of a dwelling with a 6 degree roof pitch as shown on the original plans of development.
The existing dwelling fronts Tewantin Road and its private open space has been designed to permit views to the rear; to the adjacent vegetation, open spaces and distant rural vistas. A 12 degree roof pitch on the rear of the dwelling will directly impact on the amenity of the front dwelling.
The increase of the roof pitch from 6 degrees to 12 degrees will increase the height of the leading roof edge of the roof by 1.1 metres. A steeper roof pitch will have an adverse impact upon the existing house as significantly more of the roof will be exposed to view from the private open space of the front house. There is also a risk of increased exposure of reflection from the steeper roof pitch.
The proposed dwelling faces to the north-west and a higher roof pitch will expose more wall surface to the hot western afternoon sun. The building designer was conscious of this issue and proposed a lower pitch to lessen the reliance on artificial cooling in summer.
The proposed new dwelling was designed to have minimal impact upon the amenity of the existing dwelling and the adjacent properties by adopting a low profile roof form.
The front dwelling fronts Tewantin Road and the rear dwelling is proposed to be constructed behind the front dwelling and therefore will have no visual impact upon the streetscape of Tewantin Road.
Skillion roofs and steeper roof pitches are both part of the local architectural vernacular of Cooroy. The existing weatherboard garage, which is approximately 60 years old, has a skillion roof of approximately 5° pitch. The adjacent unit development (3 units approved in 2008) incorporates skillion roofs in the building form.
The applicant believes that the increased impact upon the front dwelling and adjacent dwellings negate the requirement to provide a 12° roof pitch on the rear dwelling.
Accordingly the applicant respectfully requests the deletion of Condition 3.
Assessment:
The applicant refers to the adjoining property at 21 Tewantin Road noting that it has a skillion roof. This property was redeveloped in 2010 and now contains 3 dwelling units. A condition of the approval required that the main roof of the buildings have a minimum roof pitch of 12 degrees.
In addition to the adjoining property a number of dwellings within proximity of the site consistently have roof forms of at least 12 degrees.
In this instance the roof slopes away from Olivine Lane however the side of the dwelling unit will be visible to adjoining dwellings, to persons traversing Olivine Lane and will also be evident from Kauri Street as detailed in the following image:
Figure 3: View of subject site from Kauri Street
It is considered that the required changes are reasonable and will not have a detrimental impact on the presentation of the dwelling unit. The dwelling unit’s current height is not excessive and therefore the increase will not result in a development that is excessively bulky.
The resultant increase in height is approximately 1.1 metres
The following image is a view to the rear of the existing dwelling when viewed from Olivine Lane:

Figure 4: View of subject site from Olivine Lane
The image identifies that the site slopes from Tewantin Road to Olivine Lane and therefore the existing dwelling is situated higher than the proposed new dwelling. The applicant refers to loss of views and increased glare upon the open space of the existing dwelling. There will be no impact on the existing dwelling which has only one small highlight window to the rear of the dwelling.
The plans detail that a 1.8 metre high fence is to be constructed on the boundary between the existing and new dwelling. The fence will hinder views and sight of the roof when standing on the natural ground level between the dwelling and the rear boundary.
A new deck is proposed to the northern side of the dwelling. The following images detail the deck on the site plan and the screening to the deck on the northern elevation. The screening to the northern elevation primarily limits views from the deck to the 3.5 metre wide opening at the western end of the deck.
The following deck details the location of the new timber deck to the existing dwelling:

Figure 5: Part site plan detailing new deck to the existing dwelling

Figure 6: Northern elevation of new deck detailing screening
The applicant has provided a side elevation plan detailing the impact on the outlook from the new deck to the existing dwelling. The plan does not include RL’s. The deck is to be screened along the northern elevation and therefore any outlook is limited to the 3.5 metre wide opening at the western end of the deck.
The following image is the elevation plan provided by the applicant.

Figure 7: Side elevation provided by the applicant
Specific Outcome 16 of the Cooroy and Lake Macdonald Locality Code addresses roof form and includes requirements for roof form to contribute positively to the local skyline and compliment the low rise character of the locality. The specific outcome does not seek to protect view lines when requiring the 12 degree roof pitch.
The requirement for a 12 degree roof form is not a Shire wide requirement; it is a specific requirement which seeks to protect the character of certain areas (Cooroy and Lake Macdonald Locality, Boreen Point and Kin Kin).
The profile of the proposed roof form will be visible from Kauri Street, is not consistent with the character of the surrounding area and does not comply with the Noosa Plan.
Furthermore, it is likely that additional properties with a frontage to Olivine Lane will be developed in the future and therefore it is important that a suitable precedent is established prior to these sites being developed.

Condition 29
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 plan sealing.
Issue:
Request to amend condition 29.
Applicant’s Representation:
The written submission accompanying the application states:
The applicant requests an amendment to this Condition to permit the construction of the rear dwelling following the construction of the works and the completion of the completion of the Lot Reconfiguration.
The applicant believes that the Condition is not necessarily required in respect to the development and that the Condition imposes limitations upon potential funding of the development.
The creation of the Lots prior to the construction of the rear dwelling will not impact upon the proposed outcome of the development.
To provide certainty of the outcome of the development of the Lots, the applicant proposes the amendment of this Condition to require the Community Management Statement to include a provision that the Lots can only be developed in accordance with approved duplex.
As the property is located in the Semi-Attached Housing Zone any development is required to comply with the Noosa Plan and the applicable codes; and the development would trigger a code assessable application. Any other form of development of the site would trigger a code or impact assessable application; therefore Council will have certainty about the development outcome.
A precedent of the completion of the Lot Reconfiguration prior to the erection of the duplex building was approved and developed at 42 Avocet Parade, Peregian Beach (Council Ref: REC12/0062). The subject proposal is identical to the approval of this development.
Accordingly the applicant respectfully requests that the Condition be amended to:
Unless otherwise stated, all works required by the conditions of this Decision Notice, with the exception of the construction of the rear dwelling, must be completed prior to submission of the subdivision plan to Council for plan sealing. However the Community Management Statement prepared with the Lot Reconfiguration must include a provision that the rear dwelling be developed in accordance with the approved duplex.
Assessment:
The applicant proposes and maintains that the inclusion of a provision within the Community Title Statement (CTS) requiring development in accordance with the approved duplex provides certainty of the development outcome. However the applicant’s position is not agreed with as the CTS does not regulate development and provides no certainty as to what development will occur on the site.
Amending the condition to facilitate the applicant’s request will effectively permit a lot reconfiguration providing for new lots which do not comply with the specific lot size requirement within the Noosa Plan. New lots in the Semi-Attached Housing Zone within the Cooroy and Lake Macdonald locality are required to have a minimum area of 800m2. Proposed Lot 1, which contains the existing dwelling, has an area of 494m2 with the rear lot 2 having an area of 514m2.
The Noosa Plan only permits smaller lots through a community title subdivision where there is an approved development and the lot size is reflective of the approved development.
With regards to the reference of a precedent being set with regards to the approval at 42 Avocet Parade, Peregian Beach it is noted that this approval was provided by the Sunshine Coast Council. This approval does not reflect the approach which has historically been taken by the Noosa Council before or after amalgamation.
Due to these concerns it is recommended that the condition be maintained in its current form.
conclusion & REASONS FOR DECISION
The applicant has made representations to two conditions of the original approval. The proposed changes are not supported as they are not consistent with Noosa Plan requirements for duplex dwellings and community title lots.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 NOVEMBER 2017

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