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Request for Negotiated Decision Notice
Attached to the e-mail Request for Negotiated Decision Notice REC16/0015.
SUNSHINE COAST 27 September 2016 Job Ref: M2683 Noosa Council [email protected] Att: Wilhelm Koschade – Development Planner Re: Request for Negotiated Decision Notice - Preliminary Approval to Reconfigure a Lot (1 Lot into 2 Lots and Access Easement) over land at 2 David Low Way, Castaways Beach and described as Lot 71 on MCH2854 (Council Ref: REC16/0015) Dear Wilhelm We refer to the recent Preliminary Approval for Reconfiguration of a Lot (1 Lot into 2 Lots and Access Easement) issued over the above site on 15 September 2016. In accordance with s366 of the Sustainable Planning Act 2009 we hereby suspend the applicant’s appeal period and request that a Negotiated Decision Notice be issued addressing a number of conditions and general items contained within the approval package. The aspects of the Preliminary Approval we wish to negotiate are as follows: 1.0 TYPE OF APPROVAL We request, subject to our representations below, that the approval be upgraded to a Development Permit for Reconfiguration of a Lot (1 Lot into 2 Lots and Access Easement). 2.0 RELEVANT PERIOD As the development will involve operational works component, we request the relevant period be extended to 4 years, as per the relevant period provisions of the Sustainable Planning Act 2009. The new relevant period is requested as 15 September 2020. 3.0 CONDITIONS Condition 1(a) A Bushfire Management Plan has been prepared by Bushfire Risk Reducers and is enclosed with this correspondence. The BMP recommends a minimum 12m setback for the dwelling on Lot 1 and a 10m setback for the dwelling on Lot 2, along with a construction rating of BAL 29 for any future dwellings. The required setbacks have been incorporated into the proposal by a combination of reducing and relocating the building envelopes, as well as rationalising the boundary of the proposed vegetation covenant. This is considered BRISBANE SUNSHINE COAST CENTRAL QUEENSLAND JFP House 237-239 Bradman Avenue, Maroochydore 59 Goondoon Street, Gladstone 76 Ernest Street, South Brisbane PO Box 6 Maroochydore Qld 4558 PO Box 172, Gladstone Qld 4680 PO Box 3634, South Brisbane Qld 4101 P 07 5450 3900 F 07 5443 4759 P 07 4839 4100 F 07 4972 5444 P 07 3012 0100 F 07 3112 1958 JFP URBAN CONSULTANTS PTY LTD. ABN 79 050 414 045 MEMBERSHIPS. UDIA. PCA. PIA. UDAL. SSSI. RPECQ. AILA. WEBSITE. WWW.JFP.COM.AU
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an appropriate response and will still ensure the protection of 4,590m2 of existing significant vegetation, which represents over 47% of the site area. It is noted the current situation does not include any long term statutory protection of the existing vegetation and, as such, we argue that the proposed subdivision will enable better protection of this vegetation in perpetuity. We request Council amend this condition to reflect the findings of the Bushfire Management Plan, including specific setbacks for future dwellings and include the BMP as a referenced document within the Decision Notice. Condition 1(b) An Effluent Disposal Report has been prepared by Duke Environmental and is enclosed with this correspondence. The report demonstrates that the existing systems 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 and will accord with the proposed covenant areas. Any new system to be installed will also comply with these requirements. 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 building approval being issued over each respective lot. Condition 3 We request this condition be updated to reflect the amended Reconfiguration Plan dwg no. M2683-01C enclosed with this correspondence. Condition 6 We argue that it is unreasonable and onerous for Council to require the rehabilitation of the area of land outside the property boundary, south east of the residence on proposed Lot 2, on the grounds that we are not increasing the development yield on the site and therefore not creating any additional impacts beyond the site boundary. Any clearing of this area has been undertaken historically over many years and it is not the responsibility of the property owner to rehabilitate Council land due to historical degradation unless this is a specific consequence of the development. Further, given we are providing over 47% of the site area as vegetation covenant, which will include the removal of any declared weed species to enable natural regeneration, we argue that this provides a significant long term environmental benefit compared to the existing situation. Condition 7 We request this condition be updated to reflect the amended Reconfiguration Plan dwg no. M2683-01C enclosed with this correspondence, which shows an amended vegetation covenant boundary in response to the required bushfire setbacks. JFP Ref: M2683 Page 2
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Advisory Note 2
We request clarification as to whether the approval is subject to infrastructure charges. Given there are already
two existing dwellings on the site, and the proposal does not involve an increase in the number of dwellings, we
argue that infrastructure charges should not be applicable.
We look forward to receiving Council’s Negotiated Decision Notice for the application as soon as possible. Should
you require any clarification on any of the above issues please do not hesitate to contact Graeme Bews of this
office to discuss.
Yours faithfully,
GRAEME BEWS
Associate Director – Planning & Urban Design
JFP URBAN CONSULTANTS PTY LTD
Encl: Reconfiguration Plan dwg no. M2683-01C
Bushfire Management Plan prepared by Bushfire Risk Reducers
Effluent Disposal Report prepared by Duke Environmental
CC: Kenlynn Pty Ltd
JFP Ref: M2683 Page 3
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1
2
NOTES
(1) This plan was prepared for the purpose and exclusive use of KENLYNN PTY LTD
to accompany an application to NOOSA SHIRE COUNCIL for a Development
Permit to Reconfigure the land described in the plan and is not to be used for any
other purpose or by any other person or corporation.
JFP URBAN CONSULTANTS PTY LTD accepts no responsibility for any loss or
damage suffered howsoever arising to any person or corporation who may use or
rely on this plan in contravention to the terms of this clause or clauses 2, 3, 4, 5
or 6 hereof.
(2) The contours on this plan are approximate and are suitable only for the
purpose of this application. The accuracy of the contours has not been verified
and no reliance should be placed upon such contours for any purpose other than
for the purpose of this application.
(3) The dimensions, areas, size and location of improvements, flood information
(if shown) and number of lots shown on this plan are approximate only and may
vary.
LEGEND (4) The positions of vegetation shown on this plan has been interpreted from
aerial photography and are approximate only.
SUBJECT SITE PROPERTY DESCRIPTION
(5) Safety in Design
PROPOSED LOTS 1 & 2 The Urban Design for the layout proposal has been developed to meet the stated
VEGETATION COVENANT CANCELLING project brief, as expressed in JFP Urban Consultants Offer for the works, and the
Design Standards stipulated by the Local Authority named on this plan.
LOT 71 ON MCH2854 Non-standard design solutions adopted in the preparation of the layout are listed
INDICATIVE BUILDING ENVELOPE PARISH OF WEYBA as follows;
· None
COUNTY OF MARCH
TOTAL AREA 9677m² (Deed) (6) This plan may not be reproduced unless these notes are included.
NORTH: SCALE: ISSUES: TITLE: DETAILS:
PROJECT: STAGE: PLAN: ISSUE:
SCALE: @ A3 1:1000
BRISBANE - SUNSHINE COAST - CENTRAL QLD PLANNERS 0 10 20 30 40 50 60 70
RECONFIGURATION PLAN M2683 0 01 C
SUNSHINE COAST URBAN DESIGNERS SCALE 1:1000 at (A3) size SHEET:
237-239 Bradman Avenue, THIS SCALE SHOWN IS ORIGINAL DRAWING SCALE - (A3 SIZE) 1 OF 1
SURVEYORS C AMEND BUILDING ENVELOPES 13-09-16 DWW
KENLYNN PTY LTD
N
Maroochydore Qld 4558 DO NOT SCALE FROM THIS DRAWING - USE ONLY DIMENSIONS PROVIDED - IF IN DOUBT PLEASE ENQUIRE
B AMEND COVENANT & ADD BUSHFIRE 14-07-16 DWW FILE:
ENGINEERS
P 07 5450 3900 W www.jfp.com.au MAPPING M2683-01C-RP.dwg
C O N S U L T A N T S JFP URBAN CONSULTANTS PTY LTD A.C.N. 050 414 045 LANDSCAPE ARCHITECTS DESIGNED
DRAWN
GB
TJM
CHECKED
APPROVED
LS
GB
DATUM AHD
A ORIGINAL 30-05-16 TJM 2 DAVID LOW WAY, CASTAWAYS BEACH DATE:
13th September 2016
L.A. NOOSA SHIRE COUNCIL ISSUE: DETAILS: DATE: INIT:
COPYRIGHT © 2016 JFP URBAN CONSULTANTS PTY LTD. THIS DOCUMENT MAY NOT BE COPIED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS IN PART OR IN WHOLE WITHOUT THE WRITTEN CONSENT OF JFP URBAN CONSULTANTS PTY LTD.