Delegated Report - Code - Planning RAL22 0007

Author	Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	RAL22/0007
Applicant	Endeavour Foundation
Proposal	Reconfiguring a Lot – Residential
Properly Made Date	15 March 2022
Information Request Date	8 April 2022
Information Response Date	8 June 2022
Decision Due Date	15 July 2022
Report Completed Date	14 July 2022
Report Reviewed By	Patrick Murphy 14.07.2022

PROPERTY DETAILS
Property Address	83 Butler St Tewantin Qld 4565
RP Description	Lot 1 RP 864131
Land Area	3387 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential Zone
Precinct	Not Applicable
Local Plan Area	Tewantin Local Plan
Overlays	Acid Sulfate Soils
Assessment Type	Code
PROPOSAL
The application seeks approval for Reconfiguring a Lot – subdivision (1 into 5 lots), and access easement on land at 83 Butler Street, Tewantin, described as Lot 1 RP 864131.
Lot 1 RP 864131 is 3,387m2 in size, and has dual frontage to Butler Street and Ghostgum Court. The proposed subdivision will result in 3 lots fronting Butler Street, and the remaining 2 fronting Ghostgum Court. Proposed Lot 4 will gain access via an access easement from Ghostgum Court over proposed Lot 5. Both Lots 4 and 5 will be accessible at the end of a cul-de-sac.
All lots exceed the minimum lot size of 600m2 and have an average width of 17 metres (as per Table 1).

Table 1 – Proposed Lot Sizes and Dimensions
The proposed subdivision has access to all urban services available in the locality i.e. water, sewer, power and telecommunications. The applicant seeks to remove the existing vegetation on the site.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Proposed Plan of Subdivision

Figure 3 – Proposed Access to Proposed Lot 4 over Lot 5

Figure 4 – Swept Path

site details
Background
The subject site has an existing large Dwelling House on the premises which was constructed in the mid-90s.
Site Description
The subject site is 3,384m2, with a frontage of approximately 52 metres to Butler Street, 20 metres to Ghostgum Court. There are well established existing gum trees across the site and in the road reserve.
The site gradually falls from the south-eastern corner to the west.
Surrounding Land Uses
Surrounding land uses are residential which vary in lot sizes. Land adjoining from the south are typically larger lots where land north of the site are 600m2.
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 (Schedule 12A); and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Tewantin Local Plan Code;
Reconfiguring a Lot Code;
Works Codes.
The subject site is located in Tewantin and is zoned Low Density Residential. The proposed reconfiguration is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Reconfiguring a Lot Code
Acceptable outcome AO7.6 of the Reconfiguring a Lot Code seeks:
AO7.6 Development does not result in significant modification to natural landform or landscape features including:
waterways and drainage lines;
native vegetation or significant character trees;
understorey vegetation;
slope;
rock outcrops; or
views.
All vegetation in the Noosa Shire is identified in the protected vegetation overlay area. Further to this, there are existing mature character trees on the allotment and in the road reserve. While it is acknowledged that following the subdivision and assumed development of the newly created lots for residential buildings that clearing of the trees is likely to be required, the trees in the road reserve are to be retained.
A condition will be imposed to require the existing tree species in the road reserve to be retained.
Acceptable outcome AO21.4 of the Reconfiguring a Lot Code seeks:
AO21.4 No rear lot shares a common boundary with more than four other lots.
Corresponding Performance outcome PO21 seeks:
PO21 Rear (battle-axe) lots are created only where:-:
it would not be desirable nor practicable for the site to be reconfigured so that all lots have full frontage to a road;
located in the Low density residential zone, Rural residential zone or Rural zone;
development positively contributes to the character of the neighbourhood;
development provides a high standard of amenity for residents and other users of the rear lot and adjoining properties;
the lot is large enough to accommodate anticipated land uses including car parking and manoeuvring;
development is not detrimental to the use and amenity of adjoining lots through loss of privacy, sunlight or breezes once buildings are constructed;
vehicular access to rear lots will not have a detrimental impact on lots adjoining the access strip due to excessive noise, light, dust, stormwater runoff and the like;
access arrangements do not adversely affect the safety and efficiency of the road from which access is gained;
their creation does not prejudice the anticipated development of adjoining land.

The proposed development is a 1 into 5 lot subdivision and access easement over proposed Lot 5, in favour of proposed Lot 4. Proposed Lot 4 is a rear lot and will adjoin 6 lots not in compliance with AO21.4. The existing lots which are to adjoin proposed Lot 4 are of a size greater than required by the Noosa Plan 2020.

The creation of Lot 4 will achieve an area of 744m2 and seeks to obtain vehicular access parallel to the common boundary with the western residential lot, Lot 17 RP 864131. The vehicular access to the rear lot is 4.5 metres wide, with a pavement of 3 metres. The length of the driveway which will run parallel to the adjoining western boundary is a distance of near 7 metres. To ensure access arrangements is not of nuisance, fencing along the common boundary is to be erected prior to Council endorsement of the survey plan. A condition will be imposed for solid fencing to be provided along the western side boundary from the vehicle crossover to the southern boundary of proposed Lot 4 to uphold the amenity between lots.

The applicant has provided swept paths demonstrating vehicles do have the capacity to enter and exit the rear lot in forward gear with the assumed future residential use of the site. The vehicle crossover to service Lot 4 is to be undertaken in conjunction with an operational works permit to ensure the access does not adversely affect the safety and efficiency of Ghostgum Court.

The layout of the development remains consistent in size, shape and character to the neighbourhood. Despite non-compliance with the Acceptable outcome through conditioning the development is considered to comply.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator Engineering, Mark Lewis – as conditioned.
Footpath
The site’s frontages to Butler Street and Ghostgum Court currently have kerb and channel but no footpaths. There are no footpaths on the western side of Butler Street or the eastern side of Ghostgum Court and it is considered unreasonable to condition the paths as part of the subject application.
Stormwater
The applicant has submitted a stormwater investigation of the existing stormwater discharge points. The investigation found the development of the site will result in a lesser area draining to the SW corner provided that runoff from proposed Lots 1, 2, 3 and 5 are discharged to their relevant street frontage. Recommended conditions have been included.
Vehicle Access
Vehicle access to Lots 1, 2 & 3 will be from Butler Street. It is noted that the subject site currently has 2 access points (a circular driveway). It is expected that neither of the existing driveways will be suitable for the new lot layout. It is also noted that a number of trees stand along the Butler Street frontage both within the site and in the road reserve. In order to protect the trees and ensure the removal of the existing driveways a condition for the construction of the new access driveways has been included.
Vehicle access to Lots 4 and 5 will be from Ghostgum Court. Lot 4 will be accessed from an existing layback in the kerb and via an easement through Lot 5. Due to the shape of the access and driveway it is recommended that a condition be included for the future development of Lot 4 to include a manoeuvring area sufficient to permit vehicles to enter and exit the site in a forward gear.
Given the constrained location at the end of Ghostgum Court the applicant is proposing a separate crossover for Lot 5 which is to be located adjacent to the northern boundary. In order to ensure that the vehicle access to lots 4 & 5 is constructed in accordance with the submitted documents conditions have been included
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL22/0007 for a Reconfiguring a Lot (1 into 5 lots and access easement) situated at 83 Butler Street, Tewantin Qld 4565 and described as Lot 1 RP 864131, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL22/0007
Street address:	83 Butler St Tewantin Qld 4565
Real property description:	Lot 1 RP 864131
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – 1 into 5 lots and access easement
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions Must Be Complied With
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 compliance assessment.
Approved Plans
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
FSC-305.RAL.01	A	Proposed Reconfiguration Creating Lots 1-5 prepared by Focus on Surveying	17 November 2021
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 14 July 2026 unless an application to extend the currency period is approved by Council.
Street Trees
A minimum of 2 street trees are provided per lot or every 8 metres of frontage per lot, whichever is the greater.
The existing vegetation in the road reserve must be retained.
Fencing
A 1.8 metre high screen fence must be provided along the full length of the access easement in favour of proposed Lot 4, and for the full length of the side boundary where common with Lot 17 RP864131.
Property Access and Driveways
A residential driveway must be constructed to each lot. The works must be undertaken in accordance with an Operational Works approval and include the following:
Lots 1, 2 and 3.
a new access driveway to each lot that is generally in accordance with Council’s standard drawings RS-049 and RS-050 together with any associated addendum.
a new access driveway located clear of existing services and on an alignment that preserves existing vegetation in the road reserve and within the sites.
Lot 4.
a driveway extending from the existing layback in the kerb and channel in Ghostgum Court to the common boundary between Lots 4 & 5
a sealed driveway a minimum of 3 metres wide for the full length of the access handle to Lot 4 including underground service conduits for all utility services.
all vehicles must enter and exit Lot 4 in a forward gear. The design of the residence must provide sufficient area for on-site manoeuvring of vehicles and provide at least one visitor space clear of the access driveway to the lot.
A property note will be added to Council’s rates records for Lot 4.
Lot 5.
a new access driveway that is generally in accordance with Council’s standard drawings RS-049 and RS-050 together with any associated addendum
a new access driveway located adjacent to the northern boundary and clear of existing services.
Vehicle access to Lots 1-5 is limited to the constructed driveway only.
A property note will be added to Council’s rates records for Lots 1, 2, 3, 4 and 5.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Stormwater runoff from Lots 1, 2 and 3 discharged to the kerb and channel in Butler Street
Stormwater runoff from Lot 4 discharged to the existing Council drainage system
Stormwater runoff from Lot 5 discharged to the kerb and channel in Ghostgum Court
Condition 11 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
A minimum 4.5m wide easement for access and services purposes must be registered against the title of proposed Lot 5 in favour of proposed Lot 4.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian and vehicle access across the frontages of the site both during daily construction and after daily construction has ceased.
Landscaping Qualified Person
For the purpose of preparing an Arborist Report, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
RAL22/0007 - Property Access Driveway
The following notation or similar applies to approved Lots 1-5:
To ensure that safety and efficiency of the road network vehicle access to this lot must be from the constructed driveway only unless otherwise approved by Council (refer to Council Approval RAL22/0007).
RAL22/0007 - Property Access Driveway and Carparking
The following notation or similar applies to approved Lot 4:
Private Certifiers, owners and prospective purchasers are notified that special access and carparking requirements apply to this parcel of land. Contact Council's Planning Department for Details. (refer to Council Approval RAL22/0007).
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Road work, Stormwater, Drainage work, Earthworks.
Development Permit for Building Works	All building work (demolition permit).
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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Lot 1 633m? 17.37m
Lot 2 633m? 17.37m
Lot 3 633m? 17.37m
Lot 4 744m? N/A
Lot 5 744m? 20m

 

 

 

 


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Easement
(5m wide)