Delegated Report REC16/0015

DELEGATED REPORT
PLANNING ASSESSMENT BRANCH

REQUEST FOR NEGOTIATED DECISION NOTICE

Application no:	REC16/0015
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade - Development Planner
	

APPLICATION DETAILS
Application Number:	REC16/0015
Applicant:	Kenlynn Pty Ltd
Representations Received Date:	27/09/2016
Original Approval Type:	Development Permit to Reconfigure a Lot - 1 Lot into 2 Lots and Access easement

PROPERTY DETAILS
Property Address:	2 David Low Way CASTAWAYS BEACH  QLD  4567
RP Description:	Lot 71 MCH 2854
Land Area:	9677 Square Metres
Existing Use of Land:	Duplex

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Area / Locality:	Eastern Beaches Locality Detached Housing Zone
Planning Precinct / Zone:	
Assessment Type:	Code

BACKGROUND:

A Preliminary Approval to Reconfigure a Lot - 1 Lot into 2 Lots and Access easement was issued on 15 September 2016.
Prior the issue of a full Development Permit, a site specific Bushfire Hazard Management Plan (BHMP) was to be submitted to Council to address fire hazard over the site in conjunction with an Effluent Disposal Report to investigate the capacity of existing onsite effluent systems and whether they are wholly located within each lot they intend to serve.
The applicant suspended the appeal period on 27 September 2016 and made representations to the preliminary approval conditions on the same day. The representations are detailed below but primarily relate to the provision of the BHMP and Effluent Disposal Report to address condition 1 (a) and (b) of the Preliminary Approval. Representations have also been made in relation to the rehabilitation of cleared vegetation beyond the site boundaries within a reserve.

ASSESSMENT:

An assessment in relation to each of the submitted representations is provided below.

Condition
Preliminary Approval
Prior the issue of a Development Permit, the following documentation must be submitted to Council for review and approval:
A site specific Bushfire Hazard Assessment prepared by a suitably qualified person which either determines the site as a low bushfire risk or provides recommendations of how bushfire risk can be managed. The hazard assessment must avoid interference with vegetation in proposed covenant areas and must comply with The Noosa Plan’s Natural Hazards Overlay Code.
An Effluent Disposal Report prepared by a suitably qualified person which provides comment on the following:
The capacity of existing systems to operate as intended without causing environmental harm; and
Evidence existing systems operate wholly within the lot they intend to serve and accord with proposed covenant areas.

Applicant’s Representation

Bushfire Hazard Management Plan

The applicant has supplied a site specific BHMP prepared by Bushfire Risk Reducers. The BHMP recommends a 12m vegetation setback to habitable structures on Lot 1 and a 10m setback on Lot 2. Any future dwelling must also have a construction rating of BAL 29.

As per the recommendations of the BHMP, the subdivision layout has been amended namely in relation to the proposed covenant area so as to provide default building envelopes within proposed Lots 1 and 2 with the ability to achieve minimum fire setbacks from the protected vegetation. The applicant considers the amended plan is an appropriate response to bushfire hazard over the site in combination with significant vegetation. A significant portion of vegetation over the site is located within the proposed covenant area and will be protected in perpetuity.

Effluent Disposal Report

The applicant has supplied an Effluent Disposal Report prepared by Duke Environmental.

The findings of the report suggests existing effluent systems servicing both existing dwellings are sub-standard in relation to current industry standards however this is to be expected given the age of the existing systems. The report also confirms that the existing systems do not encroach over the proposed lot boundary, are wholly located within the lots they intend to serve and accord to the proposed covenant areas.

The applicant suggests that given the likelihood of the existing dwellings being demolished and new dwellings constructed, it is requested that Council replace this condition with a requirement to upgrade or replace the existing septic systems to accord with current industry standards prior to the issue of a building approval over each respective lot.

Assessment of Representation

Bushfire Hazard Management Plan

The BHMP recommends a minimum building setback of 12m from the proposed covenant area within Lot 1 and a 10m setback within Lot 2. The applicant has provided an amended subdivision layout where default building envelopes have been facilitated by maximising the proposed covenant area but maintaining fire setbacks and an appropriately dimensioned building footprint area.

The recommended vegetation setbacks of the BHMP are deemed acceptable and consistent with the Biodiversity Overlay Code. Where a lot exceeds 0.3ha, Probable Solution S1.2 of the Biodiversity Overlay Code nominates vegetation clearing to a maximum width of 10m from the outer most projection of a Detached Dwelling and associated buildings. Given the vegetation type, density, aspect and slope, the recommendations of the bushfire report are agreeable.

The proposed vegetation setback intends to protect people and property from natural hazard over the site. It should be noted that two existing dwellings have been developed on the site therefore warranting appropriate fire hazard setbacks involving vegetation clearing irrespective of the subdivision application.

Effluent Disposal Report

As part of the Effluent Disposal Report (prepared by Duke Environmental), the location and capacity of existing systems were inspected and tested. Three septic systems and trench areas were noted over the site and are depicted by Figure 1 below.

The inspection confirmed that existing effluent systems are wholly located within the lots they intend to serve. It is further confirmed that “…all systems servicing the property do not meet current standards and will require replacement. According to the plumbing report there are no active trench bed systems. Septic tanks observed on site were contained within the proposed site boundaries of the lot which they serve”. Given the age of existing systems, the current substandard capacity was expected.

The site is located within a sensitive environmental area and is affected by The Noosa Plan’s Biodiversity and Natural Resources Overlay (Riparian Buffer Area & Coastal Protection Area). Given the environmental constraints over the site, the effluent report recommends “…an advanced secondary on-site wastewater treatment and disposal system to be suitable and viable for the proposal. It is also considered that sufficient area is available on site for the installation of trench beds whilst complying with required boundary and covenant setback distances.” Such a system will require a trench bed area of 15m2 only.

Figure 1 – Location of Existing Systems

Recommendation

It is recommended that Condition 1 (a) & (b) be deleted and the Preliminary Approval upgraded to a Development Permit.

It is recommended that a property note is included as follows:-

Bushfire Hazard
Future development must be undertaken in accordance with reconfiguration approval (REC16/0015) in combination with Bushfire Management Plan prepared by Bushfire Risk Reducers, dated August 2016.

It is recommended that the Council’s Plumbing section be informed regarding the existing substandard effluent systems currently operational onsite.

Condition
Approved Plans
3. 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 and may be further amended by these conditions.
Plan No.	Rev.	Plan, prepared by	Date
M2683 01	E	Reconfiguration Plan, prepared by JFOP Consultants	02/12/2016
M2683E DR01	A	Engineering Concept – Site Distance & Driveway Plan, prepared by JFOP Consultants	09/06/2016

Applicant’s Representation

The applicant requests that Condition 3 be amended to reflect the amended Reconfiguration Plan dwg no. M2683-01E.

Assessment of Representation

It is recommended that Condition 3 be amended to reflect the latest Reconfiguration Plan dwg no. M2683-01E.

Recommendation

Amend Condition 3 as follows:
Approved Plans
3. 	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 and may be further amended by these conditions.
Plan No.	Rev.	Plan, prepared by	Date
M2683 01	E	Reconfiguration Plan (annotated), prepared by JFOP Consultants	02/12/2016
M2683E DR01	A	Engineering Concept – Site Distance & Driveway Plan, prepared by JFOP Consultants	09/06/2016

Condition
Land Rehabilitation
The cleared land area of 750m2, south east of the southern residence, on public land must be rehabilitated to restore the area to the local variant of Regional Ecosystem 12.2.14. The works must be undertaken in accordance with an Operational Works approval.

Applicant’s Representation

The applicant argues that Condition 6 regarding the rehabilitation of cleared land within the reserve to the south east of the site is unreasonable as there is no increase in the development yield on the site and therefore no further impacts are created beyond the site boundary.
The applicant further advises that the clearing has been undertaken historically and is not a direct cause of the development or specific consequence of the development. The applicant is willing to register a covenant over 56% of the site area protecting vegetation in perpetuity. The terms of the covenant will include the removal of any declared weed species to enable natural revegetation.

The applicant suggests this provides a significant long term environmental benefit as apposed to the existing situation and therefore the requirements for land rehabilitation is excessive and unreasonable.

Assessment of Representation

The representation to the condition is agreed given the proposed development has not directly, or indirectly resulted in the removal of vegetation within Council’s reserve. Furthermore, it is unclear when the vegetation was originally cleared and on whom the responsibility lies for rehabilitation.

The proposed subdivision provides a significant covenant area over the site which facilitates the conservation of significant vegetation in perpetuity. The proposed subdivision represents a good environmental outcome and community benefit.

Recommendation

It is recommended that Condition 6 be deleted.

Condition
Vegetation Covenant
A vegetation protection covenant must be registered against the titles of the properties over the area Vegetation Covenant on the Plan M2683-01E-RP.dwg pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must:
incorporate the requirements of this Decision Notice
include Noosa Council as Covenantee.
reference Queensland Land Title Registry Standard Terms Document No. 715597513

Applicant’s Representation

The applicant requests that Condition 7 be amended so that the nominated approved plans reflect the latest Reconfiguration Plan dwg no. M2683-01E.

Assessment of Representation

It is recommended that Condition 7 be amended to reflect the latest Reconfiguration Plan dwg no. M2683-01E.

Recommendation

Amend Condition 7 as follows:
Vegetation Covenant
A vegetation protection covenant must be registered against the titles of the properties over the area Vegetation Covenant on the Plan M2683-01E-RP.dwg pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must:
incorporate the requirements of this Decision Notice
include Noosa Council as Covenantee.
reference Queensland Land Title Registry Standard Terms Document No. 715597513

RECOMMENDATION

AGREE to the representations submitted in relation to Application No. REC16/0015, situated at 2 David Low Way CASTAWAYS BEACH  QLD  4567, and issue a Negotiated Decision Notice in accordance with the following:-

A.	Change the approval description/type to the following:

Development Permit for a Reconfiguration of a Lot - 1 Lot into 2 Lots and Access easement

B.	Approve a change to conditions 3 and 7 to read as follows:-
Approved Plans
3. 	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 and may be further amended by these conditions.
Plan No.	Rev.	Plan, prepared by	Date
M2683 01	E	Reconfiguration Plan (annotated), prepared by JFOP Consultants	02/12/2016
M2683E DR01	A	Engineering Concept – Site Distance & Driveway Plan, prepared by JFOP Consultants	09/06/2016
Vegetation Covenant
A vegetation protection covenant must be registered against the titles of the properties over the area Vegetation Covenant on the Plan M2683-01E-RP.dwg (annotated), pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must:
incorporate the requirements of this Decision Notice
include Noosa Council as Covenantee.
reference Queensland Land Title Registry Standard Terms Document No. 715597513

C.	Delete condition 1 (a) - (b), & 6

D.	Include property note/s as follows:-

Bushfire Hazard
Future development must be undertaken in accordance with reconfiguration approval (REC16/0015) in combination with Bushfire Management Plan prepared by Bushfire Risk Reducers, dated August 2016.

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