Minor Change Council Report MCU18 0165.01

MCU18/0165.01 – REQUEST TO CHANGE A DEVELOPMENT approval for Material Change of Use of Premises - Multiple Housing Type 4 Conventional (17 UNITS) at 25 kauri stret, cooroy

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM Reference/ Application/ MCU18/0165.01

Attachments	1.	Proposal Plans
2. 	Approved Plans 21 February 2019

APPLICATION DETAILS
Application No.	MCU18/0165.01
Development Approval	Development Permit for Material Change of Use of Premises (Multiple Housing Type 4 Conventional)
Applicant	Pace Planning Pty Ltd
Request Received On	20 November 2019

PROPERTY DETAILS
Property Address	25 Kauri St Cooroy Qld 4563
RP Description	Lot 27 C 56016
Land Area	4741m²
Existing Use of Land	Undeveloped

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy and Lake Macdonald
Zone	Attached Housing
Overlays	Nil
Assessment Type	Minor Change to Development Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 13 January 2020 regarding Application No. MCU18/0165.01 to make a minor change to an existing approval for Material Change of Use of Premises (Multiple Housing Type 4 Conventional) situated at 25 Kauri St Cooroy and:
A.	Approve the minor change application;
B.	Amend conditions 2, 14, 15 and 24 to read as follows:
Approved Plans
2.	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
DA01	18E	Site Calculations & Staging Plan, prepared by All Design and Drafting (as annotated by Council)	06.11.2019
DA02	18E	Site Plan, prepared by All Design and Drafting (as annotated by Council)	06.11.2019
DA03	18E	Site Plan – Landscaping and Fencing, prepared by All Design and Drafting (as annotated by Council)	06.11.2019
DA04	18E	Site Elevations, prepared by All Design and Drafting	06.11.2019
DA05	18E	Site Elevations, prepared by All Design and Drafting	06.11.2019
DA06	18E	Unit Type T1A, prepared by All Design and Drafting	06.11.2019
DA08	18E	Unit Type T1B, prepared by All Design and Drafting	06.11.2019
DA09	18E	Unit Type T2, prepared by All Design and Drafting	06.11.2019
DA10	18E	Unit Type T3, prepared by All Design and Drafting	06.11.2019
DA11	18E	Exterior Materials and Colours, prepared by All Design and Drafting	06.11.2019
ENGINEERING
Site Access and Driveway
14.	Vehicular access driveways to serve the development shall be constructed from the Olivine Street frontages of the site generally in accordance with the final approved layout plans and as annotated by Council and amended by the conditions of this permit and in compliance with the applicable engineering standards and drawings.
15.	Two sealed access driveways must be provided from Olivine Street frontages of the site to all parking and manoeuvring areas of the development generally in accordance with the final approved layout plans as annotated by Council and amended by the conditions of this permit. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
15.1.	Driveway crossovers generally in accordance with IPWEAQ standard drawings R-049 and R-050, and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades and levels that match any existing or proposed pathway and grassed verge without posing trip or safety hazards to the public.
15.2.	For pedestrian safety on the footpath and vehicles exiting the site, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS/NZ 2890.1, section 3.2.4.
15.3.	The proposed driveway must have a maximum width of 6m at kerb line.
15.4.	Driveway must have clearance of 1.0m from a power pole and 0.5m from and any service pit or manhole (e.g. telecommunication pit, water meter) unless a written approval obtained from the relevant provider.
A new 2.0m wide concrete path must be constructed along the Kauri Street and Olivine Street frontages of the site in accordance with an Operational Works approval and to a desirable and smooth alignment for the comfort of users and protection of trees identified in this permit for retention. The new path must be in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway Construction Details. The works must be provided as part of Stage 1 of development and include:
A sufficient number of pram ramps to be provided near the intersection of Kauri Street and Olivine Street where identified by Council to connect to existing and proposed pathways network.
A pedestrian pathway connection 1.5m wide from Kauri Street’s public pathway into the development site to be located north of proposed Unit 9.
The above condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks approval to change an existing development approval for Multiple Housing – Type 4 Conventional by amending the access arrangements from 3 crossovers to 2 crossovers.
The approved plans have a total of 3 access points, 2 from Olivine Street and 1 from Kauri Street. The application seeks to remove the Kauri Street crossover and allow for an additional visitor car space to be provided on site. A minor change is also sought to the extent of fill required and the resultant floor levels of the dwellings such that there is a minor increase in the height of the buildings from finished ground level. The approved and proposed site plans are detailed in the following figures:

Figure 1:	Approved plan					Figure 2:	Proposed plan
The minor change application is before Council as the Development Permit was originally determined by Council. The subject site is detailed in the following images:

Figure 3: Locality Plan

Figure 4: Subject site
background
The application was originally considered at the General Committee Meeting on 18 February 2019 where it was resolved to approve the application for 17 multiple dwelling units. The applicant subsequently suspended the appeal period and on 25 March 2019 made representations to the development approval conditions. The representations related to the extent of frontage works required and stormwater CCTV inspection. At the General Meeting on 13 May 2019 it was resolved to approve the representations.
At the time the application was publicly notified, 3 properly made submissions were received. The submitters were primarily concerned with the impact of the development on the environment, traffic and amenity of the area.
Council has received correspondence from 2 of the original submitters who have expressed concern with the removal of the Kauri Street access given the width of Olivine Street.
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Cooroy and Lake MacDonald Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Codes (including Driveways and Carparking Code)
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’. The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the number of dwellings and footprints in the dwellings are remaining as originally approved and the resulting increase in traffic in Olivine Street will not result in any significant impacts on traffic flow;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
the original application was impact assessable.
Statutory Instruments – Planning Scheme
Access
The current approval requires Olivine Street to have a pavement width of 6 metres to the full frontage of the site.  This pavement width is reflective of the standards required for an access road, such as Olivine Street, and will accommodate up to 600 vehicle movements per day. The total vehicle movements within Olivine Street as a result of the proposed change represents a minor increase and will be significantly less than the 600 vehicle movements for which the road has been designed. On this basis the proposed change meets the current standards for road design and there is no requirement for a property with multiple frontages to provide access from each frontage.
The removal of the Kauri Street crossover will though result in the removal of pedestrian access from Kauri Street. It is important that pedestrian access is maintained from Kauri Street so that visitors to the site do not rely solely on Olivine Street for car parking should visitor spaces within the site be occupied. This can be provided in the area from which the crossover has been removed. It is therefore recommended that the following changes to condition 24 (as identified in red) are made:
A new 2.0m wide concrete path must be constructed along the Kauri Street and Olivine Street frontages of the site in accordance with an Operational Works approval and to a desirable and smooth alignment for the comfort of users and protection of trees identified in this permit for retention. The new path must be in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway Construction Details. The works must be provided as part of Stage 1 of development and include:
A sufficient number of pram ramps to be provided near the intersection of Kauri Street and Olivine Street where identified by Council to connect to existing and proposed pathways network.
A pedestrian pathway connection 1.5m wide from Kauri Street’s public pathway into the development site to be located north of proposed Unit 9.
The above condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure
The proposed changes to the access arrangements result in consequential amendments to condition 2, 14 and 15. Condition 2 relates to the approved set of plans whilst conditions 14 and 15 relate to site access. It is necessary to remove reference to Kauri Street access from conditions 14 and 15 with amended wording identified in red below.
Vehicular access driveways to serve the development shall be constructed from the Olivine Street frontages of the site generally in accordance with the final approved layout plans and as annotated by Council and amended by the conditions of this permit and in compliance with the applicable engineering standards and drawings.
Two sealed access driveways must be provided from Olivine Street frontages of the site to all parking and manoeuvring areas of the development generally in accordance with the final approved layout plans as annotated by Council and amended by the conditions of this permit. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
15.1.	Driveway crossovers generally in accordance with IPWEAQ standard drawings R-049 and R-050, and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades and levels that match any existing or proposed pathway and grassed verge without posing trip or safety hazards to the public.
15.2.	For pedestrian safety on the footpath and vehicles exiting the site, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS/NZ 2890.1, section 3.2.4.
15.3.	The proposed driveway must have a maximum width of 6m at kerb line.
15.4.	Driveway must have clearance of 1.0m from a power pole and 0.5m from and any service pit or manhole (e.g. telecommunication pit, water meter) unless a written approval obtained from the relevant provider.
It is noted that the plans include 1200mm wide pathways adjacent to the Olivine Street crossovers. This type of infrastructure is not supported within the road reserve where a crossover exists as the crossover facilitates access to the site. It is therefore recommended that a notation be included on the plans advising that these pathways are not approved
Earthworks
The submitted plans demonstrate that there are some changes to earthworks. These changes are minor and generally in the order of 200 – 300mm. A more significant change is required in the north-western corner of the site in the location of unit 8 where it is proposed to raise the floor level of the dwelling by 650mm. This change is reflective of the amended grade in this part of the site resulting from the removal of the access. The minor change results in a minor increase to the overall heights of the buildings. The buildings have a new maximum height of 5.79 metres. The minor change to the extent of fill raises no concerns.
draft planning scheme
Under the new Planning Scheme the site is zoned Medium Density Residential. Multiple dwellings are consistent use in this zone and subject to Code assessment. This differs from the current scheme as the original application was subject to Impact assessment.
cONSULTATION
Referral Agencies
No referrals were required to external referral agencies.
Other Referrals
The application was forwarded to the following internal Council specialists:
Development Engineer
conclusion & reasons for decision
The application seeks a minor change to an existing Development Approval for a Material Change of Use - Multiple Housing – Type 4 Conventional at 25 Kauri Street Cooroy, Cooroy. The changes seek to modify the access arrangements by deleting the Kauri Street access and retain the 2 access points from Olivine Street. A minor change to the extent of earthworks is also proposed.
The deletion of the access is supported as there will be no significant impact on the surrounding network resulting from the additional vehicle movements within Olivine Street, noting that the road has been designed to accommodate 600 vehicle movements per day. It is recommended that pedestrian access from Kauri Street be maintained. A number of changes to conditions are required as a consequence of the amended plans.
The proposed changes to the extent of earthworks are minor and the development remains consistent with the height requirements for the area.
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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GENERAL COMMITTEE MEETING REPORT	13 JANUARY 2020

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