4325Planning Report

Page 2

INDEX

ei PROPERTY
re SITE DESCRIPTION
3. ADJOINING DEVELOPMENT
4. PROPOSAL
5. STATUTORY ASSESSMENT - STATE GOVERNMENT
6. PLANNING SCHEME CONSIDERATIONS
q. NOOSA PLAN CODES

7.1 COOROY & LAKE NACDONALD LOCALITY

7.2 SEMI-ATTACHED HOUSING CODE

7.2 RESIDENTIAL USES CODE

7.4 RECONFIGURATION OF A LOT CODE

7.5 LANDSCAPING CODE

7.6 DRIVEWAYS AND CARPARKING CODE

7.7 EARTHWORKS CODE

7.8 EROSION SEDIMENT CONTROL CODE

7.9 EXISTING SERVICES CODE

7.10 TRANSPORT, ROADS AND DRAINAGE CODE

7.11. WASTE MANAGEMENT CODE

7.12 WATER SENSITIVE DESIGN CODE

7.13. WATER SUPPLY AND SEWERAGE RETICULATION CODE
7. CONCLUSIONS
APPENDIX A: DETAIL & CONTOUR PLAN OF THE SITE (Ref: 16-4325AA)
APPENDIX B: PLANS OF DEVELOPMENT (Prepared by Richard Muhling

Architect and Ausmar Builders)
APPENDIX C: PLAN OF PROPOSED RECONFIGURATION
(Ref: 16-4325AB)

APPENDIX D: LETTER FROM MUNRO THOMPSON LAWYERS
APPENDIX E: DTMR’s LETTER OF “IN-PRINCIPLE APPROVAL”
APPENDIX F: OPERATION WORKS PLANS (Prepared by Callaghan &

Toth - Dwg No. 1622-01 — 07)

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1. PROPERTY

Lot 102 on Crown Plan C5604

Area of Site: 1012m?

Planning Scheme Locality: Cooroy & Lake Macdonald
Zone: Semi-Attached Housing

Overlays: Nil

South East Queensland Regional Plan Designation: Urban Footprint.

2. SITE DESCRIPTION

The subject land is located on the north-western side of Tewantin Road about 47.5
metres north-east of Kauri Street.

The land has a frontage of 20.117 metres to Tewantin Road and Olivine Lane, and
contains an area of 1012m’.

The land slopes down from the Tewantin Road to Olivine Lane with a gradient of
approximately 8%.

A 3-bedroom brick clad house stands at towards the Tewantin Road end of the
property and a weatherboard garage stands adjacent to Olivine Lane.

Water, power and telephone services are located along the Tewantin Road frontage
and a sewer main traverses the property. The services are all connected to the site.

Tewantin Road is a bitumen road with kerb and channelling in place; a concrete
pathway traverses the frontage with stairs leading from the path to the property.
Olivine Lane has a bitumen formation.

A Detail and Contour Plan is attached (Appendix A) showing the site details.

3. ADJOINING DEVELOPMENT

The adjoining property to the south-west is a unit development incorporating 3
townhouses and the adjoining property to the north-east is occupied by a detached
house.

The local area is generally defined as residential will detached houses and duplexes.

The subject property is located approximately 200 metres from the eastern business
area of Cooroy.

w

Page 4

4. PROPOSAL

The applicants seek to use the property as a duplex; utilising the existing house and
constructing a second house at the rear of the property. The existing house and the
proposed house are Queenslanders in form and character.

The existing house will remain as a unit in the duplex development with the
construction of a carport and visitors car space along the north-eastern side of the
house.

The proposed house is single storey 3-bedroom weatherboard clad dwelling with an
integrated garage. The proposed dwelling is a low line dwelling with a roof pitch of
6°.

Vehicular access to the existing house is proposed off Tewantin Road with a
manoeuvring area at the front of the house.

Vehicular access to the rear house will utilise the existing driveway off Olivine Lane
to the garage within the house and the visitors space and manoeuvring area will
utilise the existing driveway to the existing weatherboard garage.

A Type 2 Duplex is defined in the Noosa Plan Scheme as:

... means the use of premises for two dwelling units either attached or
detached, on one lot where the use does not fall under Multiple House Type 1
Relative or Employee.

The proposed use complies with the above definition.
The Plans of the Development are attached as Appendix B.

It is intended carry out the Reconfiguration of the development to create a
Community Title Scheme utilising Standard Format Lots with Common Property; a
Plan of Proposed Reconfiguration is attached as Appendix C.

It is also intended that the development be carried out in 2 stages:

Stage 1 -— The Reconfiguration of the Lot creating the Community Title Scheme with
services constructed required for the duplex development; together with the access
and parking requirements of the front Lot.

Stage 2 — Construction of the second dwelling.

The Community Management Statement of the Community Title Scheme will include
a condition requiring the development of the vacant Lot in accordance with the
Development Approval issued by Noosa Council. A letter prepared by Munro
Thompson Lawyers is attached in Appendix D detailing the procedures and penalties
for not complying with the Condition.

Page 5

5. STATUTORY ASSESSMENT — STATE GOVERNMENT

5.1 State Planning Regulatory Provisions

The site is included within the SEQ Regional Plan State Planning Regulatory
Provisions — Land Use Category of Urban Footprint; no further assessment is
required.

5.2 Referral and State Development Assessment Provisions

The property has frontage to Tewantin Road (a State controlled road) and therefore
requires referral to SARA as a concurrence agency.

A preliminary response has been received from the Department of Transport and
Main Roads regarding the access to the property directly from Tewantin Road. The
Department’s “In-Principle Approval” is attached within Appendix E.

5.3 State Planning Policies

The site is not mapped as being affected by any of the State Planning Policy’s State
interest.

6. PLANNING SCHEME CONSIDERATIONS —
The proposed use of Duplex is contained within the definition of Multiple Housing in
the Noosa Plan.

The proposed use of Duplex is a consistent use in the Semi-attached Housing Zone
of the Cooroy and Lake Macdonald locality.

The proposed use of Duplex is code assessable.

The applicable codes include:

e¢ Cooroy & Lake Macdonald Locality Code

e Residential Uses Code

e Landscaping Code

e Engineering Works Code
Criteria Planning Scheme Proposed
Site Area 800m? 1012m?
Population Density 10.1 persons max. 6.6 persons
Site Cover 40% max. (404.8m?) 396m?
Landscaping 264m? 367m?
Building Height 8m max. Approx 4m
Boundary Setback Front 6m 3.75m existing
Boundary Setback Side 1.5m 1.5m
Boundary Setback Rear 6m 14m
Length of wall 15m max. 15.89m

Site Ingress & Egress
with

Forward direction with

Forward direction

Page 6

3-point turn 3-point turn
Car parking 1 covered space/unit 1 covered
space/unit

+ 1 additional space + 3 additional
spaces

The proposal generally complies with Planning Scheme requirements except in
relation to the setback to the front boundary and the maximum length of a wall.

Building Setbacks — Division 16 Specific Outcome 08

The proposal does not comply with the standard front setback for Multiple Housing
Type 2 — Duplex; as it includes a setback of 3.75 to the Tewantin Road frontage.
This is the current situation as the development utilizes the existing dwelling. It is
considered that the setback is suitable as it is a non-worsening of the current

situation.

Built Form - Division 18 Specific Outcome 037
The proposal does not comply with the requirement of a maximum wall length of
15m; as the rear wall of the rear dwelling is 15.89m long.

It is considered that as the wall is not part of the streetscape and it is partly obscured
by a retaining wall that it will have little effect upon the visual amenity of the local

area.

7. NOOSA PLAN CODES

7.1 COOROY & LAKE MACDONALD LOCALITY CODE

 

Effects of use

 

Specific Outcomes

Proposed Solutions

 

Amenity
O71 Uses are located, designed and
operated to avoid significant adverse
changes to the light, air quality, noise,
accessibility or other conditions enjoyed by
users of associated, adjoining or nearby
uses.

The proposed development has been
designed to minimise impact upon adjoining
owners.

 

Scenic amenity
O02 Important scenic vistas including those
to and from Mt Cooroy, Mt Tinbeerwah and
Black Mountain are protected and
uninterrupted to maintain aesthetic and
cultural values of the natural landscape.

No scenic vistas are affected by this
proposed development

 

Major road network
O3 The function of, and visual amenity and
character surrounding the, major road
network, including Diamond St, Cooroy-
Noosa Road, Belli Creek Road and Lake
Macdonald Drive is protected and enhanced.

The function, visual amenity and character
of Tewantin Road is protected.

 

 

Laneways
04 Uses do not diminish the ability of
laneways to—

a) relieve traffic on streets;

b) _ provide convenient and safe rear access

 

The proposal utilizes Olivine Lane without
any additional impact upon the use of the
Lane.

The property currently uses the Lane for
access to the detached dwelling; the

 

 

Page 7

 

to premises; and
c) add to the heritage character of Cooroy;
AND
O5 Access for new uses is only taken off a
laneway where upgrading works are carried
out to the laneway to enable the laneway to
accommodate the anticipated levels of traffic.

proposal uses the Lane for the rear dwelling
only. Therefore there is no additional traffic
in the Lane.

 

 

Density
O6 The density of development within the
site area—
a) is compatible with surrounding
development; and
b) does not exceed—

i. For the Semi-attached Housing
Zone-1 dwelling unit per 400m? of
site area with a maximum
population density of 100 persons
per hectare;

ii. For the Attached Housing Zone—
maximum population density of 100
persons per hectare; and

iii. For the Business Centre Zone—

A. for sites less than
1000m? -1 dwelling unit
per non-residential use;
or

B. for sites of 1000m? or
more—maximum
population density of 160
persons per hectare; and

c) hasa low site impact to enhance the
opportunity to maintain natural site
characteristics such as native vegetation
and natural landforms.

The proposed development has a low site
impact and is compatible to the surrounding
residential development.

The density of the development is a dwelling
per 506m?.

A population density of 100 persons per
hectare equates to a possible population of
10.1 people; however the proposal includes
a population density of 6.6 people.

 

Height

07 Buildings and other structures—

a) are low rise and present a building
height consistent with structures on
adjoining and surrounding premises;

b) have a maximum building height of 2
storeys;

c) donot visually dominate the street,
surrounding spaces or the existing

skyline;

d) preserve the amenity of surrounding land
uses;

e) respect the scale of existing vegetation;
and

f) respond to the topography of the site by
avoiding extensive excavation and filling.

The proposed dwelling has a height of less
than 8.0m above natural surface level and
the existing dwelling is a low rise house.

 

 

Setbacks

08 Buildings and other structures are

appropriately designed and sited to—

a) provide amenity for users of the
premises as well as preserve the visual
and acoustic privacy of adjoining and
nearby properties;

b) preserve any existing vegetation that will
buffer the proposed building from

 

The existing dwelling is setback 3.75m from
the Tewantin Road frontage.

This is part of the character of the Tewantin
Road area of Cooroy and is a non-
worsening of the current situation.

 

 

Page 8

 

c)

qd)

adjoining uses;

allow for landscaping to be provided
between buildings; and

maintain the visual continuity and pattern
of buildings and landscape elements
within the street.

 

Site cover, gross floor area and plot ratio
09 The site cover, gross floor area and plot

a)

ratio of buildings and other roofed
structures—
results in a building scale that is
compatible with surrounding
development;
does not present an appearance of bulk
to adjacent properties, roads or other
areas in the vicinity of the site;
maximises the retention of existing
vegetation and allows for additional soft
landscaping between buildings;
allows for adequate area at ground level
for outdoor recreation, entertainment,
clothes drying and other site facilities;
and
facilitates onsite stormwater
management and vehicular access.

010 Site cover does not exceed—

for the Detached Housing Zone—50% for
a single storey building and 40% for a
double storey building;

for the Semi-attached Housing Zone—
40%; or

for the Attached Housing Zone—40%

O11 For Multiple Housing Type 2 buildings

have a maximum plot ratio of 0.45:1.

012 For Multiple housing Type 3 or 4, Visitor

accommodation Type 4, or the
accommodation unit component of an
Entertainment and dining business Type
3—maximum gross floor area is
equivalent to the maximum allowable
population in persons multiplied by 40m2.

013 For the Business Centre Zone plot ratio

a)

b)

does not exceed—

0.8:1 for site areas up to and including
2,000m2; and

0.3:1 for the balance of a site over
2,000m2.

The site cover of the development includes
396m?; the maximum permitted is 404.8m?.

The domestic appearance of the dwellings
and the individual street frontage of each
dwelling provide a building scale that
reflects the detached dwellings of the local
area.

 

 

Flooding and drainage
014 Buildings and other works are designed

a)

b)

and sited to—
provide flood free access to premises
and flood free habitable areas;
allow only minor, short term and
infrequent flooding of non-habitable

 

The subject property is not considered to be
at risk of flooding.

The site has an appropriate gradient to
allow for drainage to the Lane frontage.

 

 

Page 9

 

areas;

 

c) ensure drainage does not adversely
impact upon other premises; and

d) — ensure filling or excavation does not
adversely impact upon other premises
by—

i. causing ponding of water on the
site or nearby land;

ii. increasing flooding, which
adversely affects the safety or
use of any land upstream and
downstream; and

iii, Adversely affecting the flow of
water in any overland flow path.

Sloping sites Not applicable

015 On sloping sites, buildings and structures

are designed to maximise the use of
natural slope and minimise the need for
cut and fill.

 

Roof form
016 Roof forms—

a)

contribute positively to the local skyline;
complement the low rise character of the
locality;

use simple traditional roof designs, such
as hipped, gabled or skillion; and

do not create opportunities for residents
to overlook the private open space areas
of neighbouring properties.

The detached housing character and the
building form of the development will
contribute positively to the skyline and
streetscape of the local area.

 

Public transport node .
017 An accessible and safe public transport

node is established and operated within
Cooroy that—

la) links public transport services to other
centres in the Shire and to key destinations
outside the Shire; and

b) forms part of an integrated transport network
that is accessible via pedestrian and bicycle
pathways.

 

 

The site is located within 150 metres of a
bus stop and the site is located 200 metres
from the business centre.

The development is accessible to public
transport and is located so that is does not
create a significant demand for additional
public transport services.*

 

 

Page 10

 

 

Environment and cultural heritage values
O18 There are no significant adverse effects
on biodiversity, natural vegetation, native
fauna habitat, landscape quality, water quality
or cultural heritage values, including those
related to—

a) changes to natural drainage;

b) disturbance to any of the wetland
systems;

c) management of landslide and fire risk;

d) — erosion and the transport of sediments
off site;

e) unmanaged public access;

f) effluent disposal;

g) changes to fauna habitat and behaviour;
and

h) — disturbance of buildings and features,

including natural features, of cultural
heritage significance.

This proposal does not include the removal
of any significant natural vegetation or any
disturbance to the drainage line.

 

Open space network

019 An integrated open space network is
established, enhanced and protected
throughout the locality to—

a) provide for both passive and active
recreational pursuits;

b) provide connectivity for pedestrians,
cyclists, and horse riders;

c) provide habitat connectivity for wildlife;

d) protect watercourses and drainage lines;

e) protect vegetation on steep slopes; and

f) form a scenic backdrop for residential

development;
AND
O20 The open space network links—

a) the central forests of the Shire which
include parts of Tewantin and Ringtail
State Forests;

b) the catchment of Lake Macdonald;

c) the vegetated ranges of the sub-coastal
escarpment in the north, south, and east
of the locality; and

d) the riparian corridors of the Six-Mile and

Ringtail Creeks and their tributaries.

The proposal has no impact upon the
provision of an open space network.

 

 

Noosa Trail Network

O21 A comprehensive network of bridle trails
and pedestrian and bicycle linkages is
established, enhanced and protected
incorporating road reserves, State forests,
Council owned land and private lands
consistent with the lifestyle and outdoor
recreation needs of the Shire’s residents and
visitors;

AND

The Noosa Trail Network in the locality is
supported by overnight camping facilities,
home-hosted accommodation and signage,
allowing local residents and visitors to
experience the natural values of the area and

 

to access key destinations including—

Not applicable

 

10

 

Page 11

 

the town of Cooroy;

Lake Macdonald;

the Botanic Gardens; and

State forests, conservation parks and
other recreation facilities in the locality.

£2.58)

 

Pedestrian and bicycle pathways

023 Safe and convenient pedestrian and

bicycle pathways are provided and retained

between and around key destinations,

including—

a) between Cooroy and Tewantin;

b) between Cooroy and the Noosa Botanical
Gardens; and

c) within and around the town of Cooroy.

The subject site is located on the local
pathway network.

 

Protection of Lake Macdonald water supply
024 Development does not adversely impact
on the Lake Macdonald water supply. AND
O25 The number and location of access points
to watercourses is controlled and managed to
prevent adverse impacts on water quality in
Lake Macdonald; AND

O26 Key nodes are established and

appropriately managed at the following

locations and include facilities such as parking
and picnic areas—

e the northern part of the lake, in the vicinity
of the water treatment plant, scouts and
fish hatchery;

e the western part of the lake in conjunction
with the Botanic Gardens and associated
picnic areas; and

e the eastern part of the lake, in the vicinity
of the Old Tinbeerwah School Park.AND

027 Treatment and disposal of waste water

does not have any detrimental impact on

Council's major water storage and supply -

Lake Macdonald’.

The proposal is located outside of the
catchment of Lake Macdonald.

 

7.2

SEMI -ATTACHED HOUSING ZONE CODE

 

Specific Outcomes

Proposed Solutions

 

 

Streetscape & character

037 Buildings and other structures—

a)reflect the typical Queenslander domestic
vernacular that is predominant in older parts of
Cooroy;

b) contribute positively to the streetscape by
addressing the street and adding visual
interest through stepping the front facade;

c) have a bulk and architectural scale that
does not dominate the streetscape or detract
from the visual amenity of adjoining properties;
d) present a domestic scale within a
landscaped setting; and

e) allow safe and efficient access to and
egress from the premises.

 

The existing dwelling and the proposed
dwelling reflect the built form of the local
area.

The existing dwelling contributes positively
to the streetscape.

The development is of a domestic scale with
a single dwelling fronting each road
frontage.

Both buildings have articulated frontages.
The design of the proposed dwelling
includes an extensive verandah, window
hoods and slats.

 

 

Page 12

 

Garages and carports

038 Garages, carport structures and vehicle
manoeuvring areas are designed and sited to
provide for resident and visitors
parking;

visually integrate with the building and
to not dominate the street front;

allow opportunity for landscaping to
screen vehicle parking and
manoeuvring areas;

minimize the number of driveways
accesses; and

allow safe and efficient access to and
egress from the premises.

The car spaces of the proposed dwelling are
located within the building line of the
dwellings and the existing freestanding
garage.

The development includes only 1 dwelling
using each road frontage for access

 

 

Front fences

034 Front fences and walls are designed and
sited to-

contribute to the attractiveness of the
street;

be compatible with the existing
streetscape character;

relate to the architectural period of the
building;

avoid interference with the movement
of surface stormwater;

allow for casual surveillance from the
street or where premises adjoin part of
the major road network, mitigate traffic
noise;

f) provide for planting in front of high
solid fences and walls; and

ensure planting between the front
fence and the footpath does not create
an impediment for pedestrians using
the footpath.

 

The existing fencing along the Tewantin
Road will remain following the development
and the proposed fencing of Olivine Lane
frontage will reflect the fencing of the local
area.

 

 

7.3. RESIDENTIAL USES CODE

 

Specific Outcomes

Proposed solutions

 

Electricity supply infrastructure

O71 The development does not adversely
impact on existing or future electricity supply
infrastructure;

AND

O02 All uses and works maintain an adequate
safe distance from electrical infrastructure
including substations, overhead power lines,
power poles and transformers.

The development is not in close proximity with
any electrical supply infrastructure.

 

 

Hot Water Systems.

O3 Hot water systems are installed and
operated to support the efficient use of natural
resources and minimize consequent pollution
such as greenhouse gas emissions.

 

There is sufficient area for hot water systems
to be installed

 

12

 

Page 13

 

 

Water supply and conservation
O4 On-site water storage is designed and
operated to support the efficient use of water;

AND

O5 On-site water storage is adequate for
occupants every day use and fire fighting
purposes.

The property is located in a reticulated water
service area.

 

Erosion and sediment control
O6 Development does not cause erosion or
result in transport of sediments off-site.

The proposed development is not expected to
generate any significant sediment or erosion
and can be contained before leaving the
property.

 

Safety and security

O7 For Multiple Housing Types 2, 3 and 4,
buildings and outdoor spaces are designed to
protect the personal security and safety of
residents by allowing for natural surveillance.

Access to the dwellings is visible to the street.

 

Emergency access

O8 For Multiple housing Type 3, 4 & 5, site
design and layout ensures efficient access and
egress for emergency vehicles.

Not applicable

 

Basement drainage

O9 Buildings and access works are designed
and sited to protect persons and property in the
event of a flood and power failure.

All car parking areas will be open and self
draining.

 

Separation of incompatible uses

010 Development is designed to minimize
noise carrying between dwelling units or
accommodation units by locating noise
sensitive spaces such as bedrooms away from
noise generating areas of the development,
such as car parking areas or mechanic plant
and equipment or recreational facilities.

Bedroom windows will be at a higher level than
the driveway and will offer additional privacy.
All windows will be screened appropriately. All
car parking will be located under the proposed
dwellings and away from any bedroom
windows.

 

Mechanical plant & equipment

O11 Mechanical plant and equipment
associated with Residential Uses are
designed and located so as not have an
adverse impact on the visual amenity of the
site or surrounding areas.

All mechanical plant and equipment can be
located behind screening and not visible from
the street or adjoining properties.

 

 

Ancillary recreation uses

O12 Ancillary recreation uses, such as outdoor
tennis courts and half netball courts, do not
have an adverse effect on the amenity enjoyed
by users of adjacent or nearby premises nor do
they cause unreasonable disturbance to local
fauna through light emissions by ensuring that
all lighting devices are limited to those
designed and installed to:

a) minimise light spillage on neighboring
premises;

b) preserve an acceptable degree of lighting

 

 

 

Not applicable

 

 

 

 

Page 14

 

amenity at the neighboring premises;

Cc) provide covers or shading around lights;

d) direct lights downwards;

e) position lights away from possibly affected
areas; and

f) enable brightness of lights to be adjusted to
low levels.

013 Noise originating from the use of the
tennis court does not have a detrimental effect
on the amenity of the area or cause nuisance
to neighboring residents.

 

Privacy

O14 For Multiple Housing Types 2, 3 and 4,
building and structures are designed and sited
to ensure the visual privacy of residents of the
development and neighbouring properties is
protected.

Each dwelling unit will be separated by a
vegetated buffer and fencing to improve
privacy. No private areas will be visible from
adjoining properties.

 

Access to Sunlight

015 For Multiple housing, buildings and
structures are designed and sited so as not to
unreasonably diminish the existing sunlight to
adjoining residences and associated private
open space areas;

AND

016 Multiple housing is designed and sited to
minimize the extent of shadows cast on solar
photovoltaic cells on roofs of adjoining
buildings.

 

Proposed dwellings are sited to provide
appropriate sunlight to private open spaces.

 

 

Sloping sites

017 On sloping sites, buildings and structures
are designed to maximize the use of the
natural topography and minimize the need for
cut and fill.

 

Not applicable

 

 

 

Page 15

7.4 RECONFIGURATION OF A LOT CODE

The section of the Reconfiguration of a Lot code relating to Community Title

Development is addressed below:

 

Specific Outcomes

Proposed Solutions

 

015 Each lot is capable of being
serviced by appropriate levels of—

a) water supply;

b) reticulated sewerage;

c) stormwater drainage;

d) power supply; and

e) telecommunications;

AND

016 The design and provision of
public services and utilities, including
sewerage, water, electricity, street lighting
and telecommunication services—

a) meets the needs of users;

b) ensures health, safety and
convenience of the community;

Cc) protects the natural environmental
values of the site and surrounds, including
visual amenity and native vegetation;

d) are cost effective over their life
cycle;

e) minimises adverse impacts to the
environment (including the amenity of the
local area) in the short and long term; and

f) ensures that the existing systems
are upgraded or relocated to be capable of
supporting the proposed development;

Each lot is able to be serviced by all of the
required services.

Services within the Lots are included within
statutory easements as described in the Body
Corporate & Community Management Act

 

032 Access easements are in
appropriate locations for safe access and
egress, and supply appropriate widths and
levels of service for the number of vehicles that
will utilise them.

Not applicable.

 

Community title development - Reconfiguring a Lot Code

 

Specific Outcomes

Proposed Solutions

 

14.198 Residential Uses

 

 

038 Community title subdivision only occurs if
there is a current development approval for the
site approving one or more of the following
uses—

a) Detached house; or

b) Multiple Housing Type 2, 3, 4 or 5; or

c) Visitor accommodation Type 3 or 4.

 

The site is subject to an approval for a Material
Change of Use for Multiple Housing Type 2 —
Duplex application. The proposed reconfiguration
is a titling mechanism to establish a community
title scheme and will not generate any physical
adverse impacts on the surrounding area.

 

 

Page 16

 

Location and access to services and

facilities

039 Community title subdivisions only occur—

a) where they are located within easy walking

distance of services and facilities;

b) in the Semi-attached Housing or Attached
Housing Zones;

c) where they are consistent with the character

of the Locality they are located in;

d) if appropriate house site areas can be

accommodated;

e) where they are supplied with adequate

infrastructure to meet the needs of users;

f) where they minimise adverse effects on the

environment;

g) if they are of suitable shape and slope to

minimise constraints to development; and

h) if they are of sufficient area to provide

reasonable amenity for users.

The subject property is located in the Semi-
attached housing zone.

The site is located in close proximity to a number
of services including schools, shops, services and
public transport.

Each residential lot can be connected to Council's
water and sewerage networks.

The proposed Lots are rectangular in shape and
the proposed boundaries appropriately respond to
the site characteristics.

Each lot is capable of containing a rectangular
house site area. The proposed dwellings will each
be located on level ground.

The proposal will not impact upon any high value
vegetation

 

 

Provisions of amenities and site facilities
040 Adequate areas on site are
provided for vehicular parking, private and
communal open space, landscaping and site
facilities to meet the needs of users.

 

Each of the proposed Lots is provided with a
minimum of 2 car parking areas as well as
appropriate landscaping and site facilities including
clothesline.

 

7.5 Specific Outcomes and Solutions for the Landscaping Code

The Detail & Contour Plan shows the extent of the existing landscaping and trees at

the property.

The proposal does not intend to remove any trees and includes

supplementary planting of the existing buffer along the street frontages.

The proposal complies with the Code as:

e The landscaping provided in excess of 3.3 x 2 x 40m? = 264m2.
e The landscaping is in accordance with PSP3.
e The existing plants are in accordance with the local area and there are no

pest plants.

e The proposed plantings adjacent to the driveways are restricted to a height of

1m.

e There is sufficient area at the rear of the houses for private open space.
e Clothes drying areas and bin areas are screened from the street by timber

battens.

e Existing street trees are in place along the frontages.

7.6 Specific Outcomes and Solutions for the Driveways and Carparking Code

The proposal includes a covered car space for each dwelling and a visitor's car
space; which is in accordance with requirements.

 

Page 17

The ingress and egress of the proposed driveways is in a forward direction and the
driveways will be constructed in accordance with the Standards and clear of existing
services.

7.7 Specific Outcomes and Solutions for the Earthworks Code

The slope, aspect and conditions of the site provide that earthworks will be confined
to footing construction, location of services, driveways and landscaping. The
implementation of the normal Conditions of approval will alleviate any possible
impacts of the earthworks.

7.8 Specific Outcomes and Solutions for the Erosion and Sediment Control
Code

The 10% slope of the site towards the rear boundary, the relatively minimal
earthworks and the absence of adjacent waterways provide for no unexpected issues
with respect to erosion and sediment.

The implementation of the normal Conditions of approval will alleviate any possible
impacts of the site works.

7.9 Specific Outcomes and Solutions for the Existing Services Code

All necessary services are currently connected to the property; and the proposal
does not require the re-location of any services.

7.10 Specific Outcomes and Solutions for the Transport, Roads and Drainage
Code

Both Tewantin Road and Olivine Lane are good quality bitumen roads; with a
pathway and kerb & channelling in place along the Tewantin Road frontage.

The stormwater from the site and the houses is able to drain to the existing
stormwater system in Olivine Lane.

7.11 Specific Outcomes and Solutions for the Waste Management Code

i is proposed that the bin areas are located within the common property between the
jouses.

The development is expected to generate the normal amount of waste for a
residential property.

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7.12 Specific Outcomes and Solutions for the Water Sensitive Design Code

It is proposed that the captured water and the overland flow from the site discharge
from the site at the Olivine Lane frontage of the site.

While the proposed development is a duplex; it includes the development with a

residential density of 1 dwelling per 506m*. This is a relatively low density
development.

7.13 Specific Outcomes and Solutions for the Water Supply and Sewerage
Reticulation Code

The proposal does not require an extension of the existing water and sewerage

reticulation and it is expected that the existing systems can accommodate the
development.

8 CONCLUSION

The proposed development of a duplex on the site is a consistent use in the zone
and the development complies with Codes.

The existing house is retained and the proposed house is of the same character and
form. The development will enhance the streetscape of the local area.

The proposal is relatively small scale; it will have little or no impact and requires no
additional services.

In consideration of all of the above, it is considered that there are sufficient grounds
to approve this application.

Max Watterson

Page 19

APPENDIX A

Detail & Contour of Lot 102 on C5602
(Ref: 16-4325AA)
Prepared by Max Watterson & Associates

Page 20

APPENDIX B
Plans of the Development

Prepared by Richard Muhling Architect
and Ausmar Builders

20

Page 21

APPENDIX C
Plan of Proposed Reconfiguration of Lot 102 on C5602

(Ref: 16-4325AB)
Prepared by Max Watterson & Associates

21

Page 22

APPENDIX D

Letter of Munro Thompson Lawyers

22

Page 23

MU N RO Munro Thompson level 2, 77 Mooloolabs Espl
Lawyers Pty Lid PO Box 5 Mooloolabo Qld 4557

THOMPSON Phone 07 5444 3466 ABN 91 079 660 067

Fax 07 5444 2150 munrothompson.com.au

15 March 2017

Our Ref: 1700404

Noosa Council
PO Box 141
TEWANTIN QLD 4565

Dear Sir/Madam,

OUR CLIENT: TEA 4 TWO PTY LTD
APPLICATION NUMBER: PLM17/0003
PROPERTY: 23 TEWANTIN ROAD, COOROOY

| act for the Applicant in the above-mentioned Application.

| refer to Section 4 “Advice & Information” in your office’s Pre-Lodgement Notes dated 31 January 2017.

More specifically, | refer to my client's suggestion that the Development Approval include a condition
requiring the Community Management Statement to include a condition requiring the Lot to be developed in
accordance with the Development Approval.

Such conditions would be legal and enforceable as follows:

1.

1700404:2656124

NOOSA COUNCIL

Under section 244 of the Sustainable Planning Act 2009 (Qld) (the Planning Act") a Development
Approval includes any conditions imposed by the Assessment Manager.

Failure to comply with a condition in the Development Approval requiring a condition be included in the
Community Management Statement, would constitute a Development Offence under section 580 of
the Planning Act, having a maximum penalty of 1665 penalty units.

As it would constitute a Development Offence, Noosa Council would be entitled to issue the holder of
the Development Approval with an Enforcement Notice under section 590 of the Planning Act.

THE BODY CORPORATE/ OWNER OF LOT IN A TWO-LOT SCHEME

The relevant condition should be included in the By-Laws of the Community Management Statement.
Section 169(1)(b)(i) of the Body Corporate and Community Management Act 1997 (Qld) (‘the Act’)
states that By-Laws may provide for the regulation of, including conditions applying to, the use and
enjoyment of lots included in the scheme.

Failure to comply with the relevant By-Law would be enforceable as follows:

(1) In the case of a Two-Lot Scheme, by a Contravention Notice to the relevant lot owner from the
other lot owner under sections 183B to 183D of the Act; and

Member of Law Australasia

  

lity limited by o scheme approved
ssionol standards leqistation

Page 24

(2) For any other type of Scheme by a Contravention Notice issued to the relevant lot owner by the
Body Corporate under sections 181A to 183A of the Act.

Under the sections of the Act stated above, failure to comply with the Contravention Notice gives the
issuer of the Contravention Notice the right to start proceedings against the relevant lot owner in the
Magistrates Court for the failure.

| trust that the above will be sufficient evidence of the legality and enforceability of my client's proposal.

Please contact me if you have any questions.

Yours faithfully
Andrew Stephenson
Senior Lawyer
MUNRO THOMPSON

 

1700404:2656124 Page 2

Page 25

APPENDIX E

DTMR’s Letter of “In-Principle Approval”

23

Page 26

 

  

Queensland

Government
Our ref TMR17-020332
Your ref
Enquiries Luke Garthon Department of
Transport and Main Roads
25 January 2017

Tea 4 Two Pty Ltd
10 Pine Tree Drive West

Lake Macdonald QLD 4563
Dear Richard Muhling

Permitted Road Access Location Application — In-principle Approval

| refer to your application for approval of a Road Access Location and Road Access Works
between lot 102 on C5604 and Tewantin Road (Cooroy — Noosa Road, road number 142)
received by the Department of Transport and Main Roads on 9 January 2017.

The department has assessed your application, including the following documents:

1. Completed Application Form

2. Application Cover Letter dated 9 January 2017
3. Proposed location sketch plans (2)

4. Letter of Consent dated 5 January 2017

With reference to the proposed subdivision of the land, the department advises that there is
no objection to the provision of access from the property directly to the state controlled road
subject to :
¢ acceptance from Council of the proposed subdivision of land; and
¢ Council's acceptance of permitting access to the state controlled road from the
property from an amenity viewpoint or any other reason within their authority; and
e« Assessment that access meets sight line criteria and turning provisions to support the
proposed subdivision of the land; and

A binding access decision under Section 62 of the Transport Infrastructure Act cannot be
made until a development application is lodged to evidence a change in lot configuration and
details of the final access location. Access to the state controlled road will not be supported
for a single allotment should the subdivision not proceed. Please be advised this decision is
NOT a decision under Section 62 of the Transport Infrastructure Act.

Please note that any access works will require construction to current standards prior to
commencement of use. The department would prefer that construction access is provided
through the local access road where possible.

Once you have received your development application, you must reapply for a permitted
road access location decision under Section 62 of the Transport Infrastructure Act.

Program Delivery and Operations Telephone +61 7 (07) 5451 7059
North Coast District / Maroochydore Office Facsimile +61 7 (07) 5451 7098
12 First Avenue Maroochydore Queensland 4558 Website = www.tmr.qid.gov.au

PO Box 1600 Maroochydore Queensland 4558 ABN: 39 407 690 291

Page 27

If you require further information about this approval or any other related query, | encourage
you to contact Luke Garthon, Senior Engineer by email at [email protected] or on

07 5451 7055.

Yours sincerely

Chris Head
Principal Advisor

Page 2 of 2

Page 28

APPENDIX F
Operational Works Plans of the Development

Prepared by Callaghan & Toth
(Dwg No. 1622-01 — 07)

24