Negotiated Report (Representations made) MCU21 0026

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0026
Development Approval	Development Permit for a Material Change of Use - Dwelling House
Applicant	Justyn Ian Harding Douglas
Representations Received On	1 June 2021
Number of Submissions for Original Application	Not applicable

PROPERTY DETAILS
Property Address	20 Park Cres Sunshine Beach Qld 4567
RP Description	Lot 589 RP 48112
Land Area	588.0m²
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Coastal Communities - Not applicable to this assessment
Overlays	Land Subject to Acid Sulfate Soils – land between 5m AHD and 20m AHD (area 2) Coastal Protection Overlay Map Landslide Hazard Overlay – High Hazard Area
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for a Material Change of Use - Dwelling House was issued on 26 May 2021
The applicant suspended the appeal period and made representations on 1 June 2021 to the development approval conditions. The representations are detailed below but primarily relate to deleting a condition prohibiting a gate on the seaward property boundary and amending a condition requiring an Operational Works application for the proposed driveway.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 15
Gates must not be installed along the seaward property boundary to gain direct access to the beachfront.
Applicant’s Representation
The condition is considered unreasonable and is requested to be deleted. The site currently backs on to a public walkway that leads directly to the beach. This walkway is accessible from Park Crescent and Pilchers Gap and is available to the general public. The photograph below illustrates the location of the public walkway.
The existing dwelling has a gate that connects directly to this public walkway which lead to a constructed public access to the beach. The photograph to the left clearly illustrates the existing gate and public pathway. It is considered unreasonable to restrict access to a public walkway and the condition is requested to be deleted.
Request: delete condition 15
Assessment of Representation
It is noted that Condition 15 is a standard condition placed on dwellings located within the Coastal Protection overlay in order to ensure Rear fences adjacent to the beachfront within the Coastal Protection Area are designed and sited to be sympathetic with the visual amenity of the beachfront and do not degrade the natural beachfront character. In this regard, it is noted that the subject site directly adjoins a formalised public pathway and is not viewable from the beachfront. In addition, the property contains an existing gate located on the rear property boundary. As such, the request to delete the condition is supported.

Condition 18
A sealed access driveway must be provided from Park Crescent to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with council’s standard drawings RS- 049 and RS-050
Applicant’s Representation
Councils information request required the provision of documentation by a suitably qualified person in relation to the access driveway and manoeuvring area. Engineering plans prepared by ARCOS engineers were submitted to Council in response to Councils information request. These plans are considered appropriate and rather than subject the applicant to a further application for operational works and tie up valuable Council resources, it is requested that Council stamp the associated engineering access plans as part of this MCU approval. (Engineering plans submitted as part of application included as Attachment B, C and E). Request amendment to condition to delete reference to the requirement for Operational works and to approve the submitted engineering plans.
Assessment of Representation
An information request was issued requesting further details regarding the proposed driveway, however the IR response failed to address most of the information requested (i.e. proposed surface type and longitudinal section). Also, as the driveway is not a standard driveway, and given that an existing Pandanus tree (to be retained) is adjacent to the proposed driveway, the approval included conditions for an operational works application for the access driveway. As such, the request to delete the condition is not supported.

conclusion & reasons for decision
The request to delete Condition 15 is supported as the subject site adjoins a formalised pathway and is not visible from the beachfront, and as such will not result in any adverse impacts on the area of mapped Coastal Protection. The request to amend Condition 18 to delete reference to the requirement for Operational Works application is not supported, as the proposed driveway is not a standard driveway and is in proximity to an existing Pandanus within the road reserve.
RECOMMENDATION
With regard to Application No. MCU21/0026, and the representations made, Council on 29 June decided to:
Agree to delete condition 15.
Refuse to amend Condition 18 as the driveway proposed is not a standard driveway and as such requires an Operational Works Permit.
Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

[word/footer1.xml]
Page 2 of 3

[word/header1.xml]
3