Council Planning Negotiated Report MCU19 0017

MCU19/0017 & RAL19/0004 - representations to conditions - DEVELOPMENT PERMIT FOR material change of use for commercial business – type 1 office, type 2 medical, ancillary dwelling unit and reconfiguration of a lot – access easement, situated at 36 & 40 hofmann drive, noosaville

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development Department

Index	ECM/ Application/MCU19/0017 & RAL19/0004

Attachments	1.	Easement Plan

APPLICATION DETAILS
Applicant	Ribarja Pty Ltd
Development Approval	Material Change of Use - Ancillary Dwelling Unit, Commercial Business - Type 1 Office, Commercial Business - Type 2 Medical Development Permit for Reconfiguration of a Lot – Access Easement
Representations Received on	5 November 2019
Number of Submissions for Original Application	Not applicable

PROPERTY DETAILS
Property Address	36 & 40 Hofmann Dr Noosaville
RP Description	Lot 6 & 7 SP 264847
Land Area	4000m² & 4000m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Shire Business Centre (Precinct E4)
Overlays	Biodiversity Overlay (Environmental Enhancement and Protection Area) Natural Hazard Overlay (Acid Sulphate Soils)
Assessment Type	Representations made to original approval
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 10 December 2019 regarding representations made in relation to Application No. MCU19/0017 for a Development Permit for Material Change of Use - Ancillary Dwelling Unit, Commercial Business - Type 1 Office, Commercial Business - Type 2 Medical and RAL19/0004 for a Reconfiguration of a Lot – Access Easement (alteration of existing) situated at 36 & 40 Hofmann Dr, Noosaville and:
A.	Agree to amend Condition 24 to read as follows:
Appropriate sight lines from the basement car park must be demonstrated with any operational works application and prior to the issue of any Operational works approval. The sight lines must be generally in accordance with the drawing titled Change to Carparking & Proposed Easements Plan, Reference No. D-02391.01-C, dated 12.09.2019 and AS/NZS2890.1:2004.  Prior to the issue of the development approval for any operational works:
The survey plan for the required easements within the adjoining property (Lot 5 on SP264847) and the associated easement documents are to be approved to confirm compliance with conditions by Council.
A written undertaking from the developer (solicitor or alternative acceptable to Council) must be provided to Council that confirms that the easement documents will be submitted with the State Titles Registry in conjunction with the cadastral survey plan upon completion of the relevant civil works on the site. The easements must be registered and copies of the registered documents submitted to Council prior to the commencement of the approved use. The easement documents must be registered within 30 days from the date of the issue of the Operational Works approval.
B. 	Agree to delete Condition 34.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
background
A Development Permit for a Material Change of Use - Ancillary Dwelling Unit, Commercial Business - Type 1 Office, Commercial Business - Type 2 Medical and RAL19/0004 for a Reconfiguration of a Lot – Access Easement (alteration of existing) was issued on 24 October 2019.
The applicant suspended the appeal period and made representations on 5 November 2019 to the development approval conditions. The representations are detailed below and primarily relate to sight lines associated with access to the site.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 24
Appropriate sight lines from the basement car park must be demonstrated with any operational works application and prior to Operational works approval. Any associated easements must be registered and available prior to the issue of an Operational works approval.
Condition 34
An easement for sight line purposes must be registered in favour of the subject property against the title of the adjoining property (Lot 5 on SP264847). The easement must be of sufficient dimensions to fully encompass the necessary sight lines indicated on Change to Carparking & Proposed Easements plan, Reference no. D-02391.01-C, dated 12.09.2019. This must be in accordance with AS\NZS2890. The terms of the easement must be submitted to Council for approval as part of the subsequent plan sealing application and be registered prior to the issue of any Operational Works approval.
Applicant’s Representation
The easement providing the subject site with rights to protect sight lines over the adjoining lot also require the adjoining lot (Lot 5 on SP264847) to have access rights to a car parking space on the subject site. The rights as provided by both easement are not required until immediately before the approved uses commence. In fact access is not possible or advisable to the carparking space until the approved development is fully completed. Under such a situation the easement documents and cadastral survey plan for these easement can be approved by Council and the cadastral survey plan lodged with the State Title Registry for assessment for survey content only. Lodgement of the easement documents and registration of the cadastral and easement documents can follow through formal lodgement by the applicant’s solicitors. Under such a circumstance, a solicitor's undertaking (or alternative acceptable to Council) could be provided to Council as a condition of approval to confirm the easement documents will be submitted with the Plan Registry Authority in conjunction with the Cadastral Survey Plan upon completion of development works on the site and be registered before the approved uses commence.
The applicant has requested to amend Condition 24 as follows: Appropriate sight lines from the basement car park must be demonstrated with any operational works application and prior to Operational works approval. Any associated easements must be registered and available prior to the issue of an Operational works approval. The metes and bounds for the required easements and required easement documents are to be approved by Council prior to the issue of the development approval for operational works. Council requires a written undertaking from a solicitor's (or alternative acceptable to Council) that confirms that the easement documents will be submitted with the State Titles Registry in conjunction with the cadastral survey plan upon completion of development works on the site and registered before the approved uses commence on the site.
The applicant wishes to ensure that all works are actually located within the boundaries of the new easement, and a survey is usually undertaken when the construction works are completed.  There is a requirement to construct the additional carpark at the front of the site and register an easement over this carpark, however the new carpark cannot be constructed until operational works approval is obtained.
The applicant has in light of the requested changes to Condition 24, requested the deletion of Condition 34, as the requested changes to Condition 24 include the requirements outlined in Condition 34.
Assessment of Representation
Existing Conditions 24 & 34 ensure that easements are created as soon as possible to prevent a complete development which is ready to operate but cannot because the sight lines across the neighbouring property are obscured and the development access is unsafe.
The applicant’s proposed change to Condition 24 is agreed in principle and meets Council officers expectations with regard to mitigating the risk of access not being satisfactory when the use on site commences. The suggested wording by the applicant has been amended for clarity as per the recommendation above. It is also agreed that Condition 34 can be deleted, as amended Condition 24 now includes those requirements currently outlined in Condition 34.
conclusion & REASONS FOR DECISION
The applicant’s request is considered reasonable and addresses the requirements for easements within the relevant timelines. It is therefore recommended to agree to amend Condition 24 and delete Condition 34.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
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			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	10 DECEMBER 2019