Delegated Report - Code - Planning RAL19 0032 · RAL19/0032

Author	Development Planner, Nadine Kirley
Development Assessment

APPLICATION DETAILS
Application No.	RAL19/0032
Applicant	Gregory John Woolley
Proposal	Reconfiguring A Lot - Access Easement
Properly Made Date	12 November 2019
Information Request Date	5 December 2019
Information Response Date	27 February 2020
Decision Due Date	07 April 2020
Report Completed Date	6 March 2020
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	10 Park Rd Noosa Heads Qld 4567
RP Description	Lot 55 RP 52918
Land Area	875 m²
Existing Use of Land	Detached House

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosa Heads
Zone	Detached Housing
Overlays	Natural Hazard Overlay (Landslide)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring A Lot - Access Easement.  The applicant maintains that 12 Park Road does not have pedestrian access to Park Road.  Vehicular access to the site is gained via an existing access easement through to Allambi Rise.  The applicant proposes to provide legal pedestrian access across the neighbouring property at 10 Park Road via a volumetric easement that encompasses the existing stairs from the road, steps along the southern  boundary and the gravel path across the front of the dwelling to the southern boundary of Lot 54 (No. 12).  The volumetric easement would traverse the basement car park and below the overhang of the upper floor level.
Figure 1 below indicates the alignment of the proposed easement across 12 Park Road.

Figure 1: Proposed alignment of volumetric easement across 10 Park Road.

site details
Background
On 1/10/2010, a court order was issued by Judge Rakemann upholding the appeal against the decision by Sunshine Coast Regional Council to include additional condition 5 on a change application (132001.210331.5 22441 DA) relating to a material change of use for a dwelling house on Lot 55 RP52918 at 10 Park Road, Noosa Heads (the subject site) .  The Planning and Environment Court order (3363 of 2009) was made subject to amended conditions of approval.
Site Description
The site is steeply sloping at approximately 1 in 1.56 (63%) in a north westerly aspect.  A large dwelling and associated outbuildings are built on the site with an undercroft parking area accessing Park Road from the base of the steep incline.  The buildings are substantially screened from the street by large established trees and vegetation.  Vehicular access is gained from Park Road via the driveway access to the south western corner of the site.  Retaining walls run either side of the driveway right to back of kerb on Park Road and along the frontage behind the kerb.  Access to the adjacent property to the north, Lot 54 on RP52918, which is intended to receive benefit of the proposed easement within the subject site, is gained via Allambi Rise east of the site.  Pedestrian access to main beach and Park Road is very steep, impractical and likely to be unsafe.
Surrounding Land Uses
The site is situated across the road from the Noosa main beach.  Existing detached houses and multiple dwelling units together with mixed use development is located in the immediate area.  The properties to the north, south and east are existing detached houses of substantial size.  All are built into the slope of the land surrounded and screened by substantial vegetation.
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:
Noosa Heads Locality Code
Reconfiguring a Lot Code
Landscaping Code
Engineering Works Codes
Natural Hazards Overlay Code (Landslide)
The subject site is located in the Noosa Heads Locality and is zoned Detached Housing. The proposed reconfiguration of a lot 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:
Noosa Heads Locality
The proposed access easement would provide legal access to the street via Lot 55, alleviating the need to remove vegetation and construct a new pedestrian access from the dwelling on Lot 54 down to road level on Park Road.  As such, no new structures are proposed to be constructed.  The existing stairs and constructed pathway across the subject site would provide a safe and convenient pedestrian pathway for residents of No.12 Park Road.  The proposal is consistent with Specific Outcomes in the Noosa Heads Locality Code.
Reconfiguring a Lot
The proposed access easement will provide a legal access arrangement encumbering Lot 55 on RP52918 for the benefit of Lot 55 RP52918.  No physical changes to the pathway or stairs is proposed.  The access is intended for pedestrian thoroughfare for residents and users of 12 Park Road.  The easement is proposed at approximately 1.1 to 1,8 metres wide to accommodate pedestrians only.  The applicant maintains that the existing pathway and stairs are within the alignment of the proposed easement.  Figures 2 4, & 4 illustrate the existing infrastructure that will provide legal access across Lot 55.

Figure 2: Photograph of existing stairs and gravel path taken from Photo locations 1, 2 & 3.

Figure 3: Photograph of existing gravel path taken from Photo 4 location.
Landscaping
The proposed access easement does not propose any alterations to existing landscaping or result in additional demand for landscaping to be provided.  The proposal utilises existing infrastructure within the existing landscape and provides legal access across the site only.  The landscape code seeks to ensure that pedestrian pathways are designed and constructed to provide stable, safe and easily maintained path infrastructure, free of obstructions.   A condition to this effect can be applied to an approval.
Engineering Works
No physical works are proposed.  The proposal is generally consistent with the engineering works codes.
Natural Hazards Overlay
No physical changes are proposed to accommodate the pedestrian access through the easement.  The proposal is consistent with the Natural Hazards Overlay in respect of landslide hazard.

draft planning scheme
The Draft Planning Scheme seeks to ensure that volumetric subdivision facilitates efficient development that is consistent with the overall outcomes of the zone and local plan area in which the site is located.  The proposed volumetric access easement, is unlikely to result in adverse development of the site.  The site constraints, particularly the slope of the land, are likely to preclude any desire to increase density or change the use in the future in such a way that the volumetric access easement would become problematic.  The proposal is considered to be generally consistent with the requirements of the Draft Planning Scheme.
cONSULTATION
Referral Agencies
Nil
Other Referrals
Nil
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 RAL19/0032 for a Reconfiguring A Lot - Access Easement situated at 10 Park Rd Noosa Heads Qld 4567 and described as Lot 55 RP 52918, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL19/0032
Street address:	10 Park Rd Noosa Heads Qld 4567
Real property description:	Lot 55 RP 52918
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring A Lot - Access Easement
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
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 endorsement.
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
Ref:19-5060AA Plan 1 of 1	-	Plan of Proposed Easement for Pedestrian Access within Lot 55 on RP52918 prepared by Max Watterson & Associates	14-10-19
The finished surface of the pedestrian access must be stable and be free of obstructions to provide safe, clear passage of pedestrians through the easement.
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, and the plan of survey lodged with Council for endorsement before the expiry of 2 years from commencement of the development approval, unless an application to extend the currency period is approved by Council.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that the pedestrian access and pathway infrastructure is contained within the easement alignment.
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:
Equitable Access and Facilities
The plans submitted with the application have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.   Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed development:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Reconfiguring a Lot	Request for approval of plan of subdivision (access easement)
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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NOTE:THE PROPOSED VOLUMETRIC EASEMENT FOR
PEDESTRIAN ACCESS IS LIMITEDIN HEIGHT & DEPTH
TOABOVE THE ROOF OF THE BASEMENT GARAGE

AND UNDER THE OVERHANGING BULDING.


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