Negotiated Report (Representations made) MCU21 0117 · MCU21/0117

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Planner, Will Koschade
Development Assessment
APPLICATION DETAILS
Application No.	MCU21/0117 OPW21/0199
Development Approval	Development Permit for Material Change of Use of Premises (Multiple Dwelling - 11 units)
Applicant	4CD Developments P/L
Representations Received On	20 December 2021
Number of Submissions for Original Application	Not Applicable

PROPERTY DETAILS
Property Address	5 Pearl St Cooroy & 54 Elm St Cooroy Qld 4563
RP Description	Lot 2 RP 64750, Lot 2 RP 153798
Land Area	5 Pearl St - 759 m² 54 Elm St – 1,518m²
Existing Use of Land	Detached dwellings

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Cooroy Local Plan Area Code
Overlays	Regional Infrastructure Overlay Code (Water Supply Pipeline)
Assessment Type	Code
background
A development approval for a Development Permit for Material Change of Use of Premises (Multiple Dwelling - 11 units) was issued on 8 November 2021
The applicant suspended the appeal period and made representations on 20 December 2021 to the development approval conditions. The representations are detailed below.
The original application was code assessable and not subject to public notification.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 2 - 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
A.001	B	Site Plan, prepared by Zest Design	12/08/2021
A.003	B	Development Summary, prepared by Zest Design	12/08/2021
A.004	D	Site Sections, prepared by Zest Design	01/11/2021
PA.100	A	Level 1 Floor Plan, prepared by Zest Design	12/07/2021
PA.101	A	Site Plan, prepared by Zest Design	12/07/2021
PA.200	A	Elevations, prepared by Zest Design	12/07/2021
PA.201	A	Elevations, prepared by Zest Design	12/07/2021
PB.100	A	Level 1 Plan, prepared by Zest Design	12/07/2021
PB.101	A	Level 2 Plan, prepared by Zest Design	12/07/2021
PB.200	A	Elevations, prepared by Zest Design	12/07/2021
PB.201	A	Elevations, prepared by Zest Design	12/07/2021
PC.100	A	Level 1 Plan, prepared by Zest Design	12/07/2021
PC.101	A	Level 2 Plan, prepared by Zest Design	12/07/2021
PC.200	A	Elevations, prepared by Zest Design	12/07/2021
PC.201	A	Elevations, prepared by Zest Design	12/07/2021
Applicant’s Representation
A Landscape Plan prepared by Zest Building Design was lodged to Council as part of the applicant’s response to Council’s Information Request. Refer to Attachment 1 Landscape Plan which illustrates the proposed landscaping for the development. This plan is proposed to be included in the list of approved plans.
Assessment of Representation
Agreed to amend the condition to include the landscape plan 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
A.001	B	Site Plan, prepared by Zest Design	12/08/2021
A.003	B	Development Summary, prepared by Zest Design	12/08/2021
A.004	D	Site Sections, prepared by Zest Design	01/11/2021
PA.100	A	Level 1 Floor Plan, prepared by Zest Design	12/07/2021
PA.101	A	Site Plan, prepared by Zest Design	12/07/2021
PA.200	A	Elevations, prepared by Zest Design	12/07/2021
PA.201	A	Elevations, prepared by Zest Design	12/07/2021
PB.100	A	Level 1 Plan, prepared by Zest Design	12/07/2021
PB.101	A	Level 2 Plan, prepared by Zest Design	12/07/2021
PB.200	A	Elevations, prepared by Zest Design	12/07/2021
PB.201	A	Elevations, prepared by Zest Design	12/07/2021
PC.100	A	Level 1 Plan, prepared by Zest Design	12/07/2021
PC.101	A	Level 2 Plan, prepared by Zest Design	12/07/2021
PC.200	A	Elevations, prepared by Zest Design	12/07/2021
PC.201	A	Elevations, prepared by Zest Design	12/07/2021
L.000	B	Landscape Plan, prepared by Zest Design	12/08/2021
L.001	A	Landscape Details, prepared by Zest Design 12/08/2021	12/08/2021

Condition 29 – Landscaping
29.	The development site must be landscaped. The works must be undertaken in accordance Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved Landscaping Plans and in particular:
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street (excluding access).
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Elm Street.
A dense 1m minimum landscaped setback to all side boundaries (excluding bin enclosure area for U5-U11).
Retention of all existing street trees.
Applicant’s Representation
A Landscape Plan prepared by Zest Building Design was lodged to Council as part of the applicant’s response to Council’s Information Request. Refer to Attachment 1 Landscape Plan which illustrates the proposed landscaping for the development.
a. 	A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street (excluding access).
The proposed landscaping to the frontage of Pearl Street consists of:
• 25 x Stachys Byzantia, known as Lamb’s Ear, and
• 5 x Callitris Columellaris known as Cooloola Cypress Pine.
In addition to the proposed plantings above, 3 x street trees will be planted along the street frontage (including the retention of 1 x existing street tree).
d. 	Retention of all existing street trees.
Two (2) existing street trees are required to be removed in order to create safe vehicular access to the development. Where possible, the existing street trees have been retained. These include the existing Cooroy Maple tree to the eastern side of the Pearl Street boundary, and the large existing Poinciana located along the Elm Street boundary.
Two additional street trees are proposed along Pearl Street. These include one (1) 300 litre Buckinghamia Celisissima and one (1) 300 lite Harpullia Pendula. These street trees are to replace the two (2) trees which will be removed.
Assessment of Representation
The landscape plan does not provide a 2m landscaped buffer to Pearl Street and includes a bin store within the softscape setback area.
The removal of the two street trees is supported on the proviso that 3 replacement trees would be planted.
It is recommended that the condition be amended to read as follows:
Condition 29 – Landscaping
29.	The development site must be landscaped. The works must be undertaken in accordance with the Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved Landscaping Plans and in particular:
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street (excluding access).
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Elm Street.
A dense 1m minimum landscaped setback to all side boundaries (excluding bin enclosure area for U5-U11).
Retention of all existing street trees. The provision of 3 new street trees in accordance with PSP 2 – Landscaping.

Condition 35 – Stormwater Drainage
35.	The site must be provided with a stormwater drainage system connecting to a lawful point of discharge and be in accordance with the Queensland Urban Drainage Manual (QUDM). The works must include in particular:
The works generally as shown on the Approved Plan No. 2101-C30 Issue D as prepared by Recor Consulting,
collection and discharge of stormwater to the trunk drainage network in Pearl Street
extension of the site stormwater system to accommodate stormwater from Lot 1 RP153798 external to the site, including registration of drainage easements over the site drainage system in favour of Lot 1 RP153798
cut off drains within the courtyards of Unit 1 and Unit 2 to intercept runoff from Lot 1 RP153798 and direct such flows to the stormwater pits located in these courtyards
the use of gravity stormwater drainage and not surcharge pits
Applicant’s Representation
It is unreasonable for the applicant to accommodate the stormwater shed from Lot 1 RP153798 which is external to the site. Lot 1 RP153798 has the capacity to redirect the stormwater generated on site to a legal point of discharge.
Two (2) field inlet pits are located at the rear of Units 1 and 2 and will direct stormwater from the site to a legal point of discharge. The proposed 225mm Fibre Reinforced Concrete drainage pipe of is of sufficient size to adequately redirect the stormwater generated from the proposed development. Additionally, the proposed stormwater infrastructure has sufficient capacity to redirect the stormwater from Lot 1 RP153798 if required.
As such, it is an unreasonable requirement for the subject site to be encumbered by a drainage easement in addition to the proposed stormwater infrastructure. The proposed stormwater design has the capacity to intercept and redirect runoff from the adjacent Lot 1 RP153798, and thus an easement is not required.
Assessment of Representation
Council’s development engineer advises that “…it is unreasonable to force the upstream properties to undertake works to alter the natural stormwater flow path to accommodate the needs of the downstream development. The proposed stormwater line located at the rear of Units 1 and 2 conveys stormwater from the upstream property through the development site therefore the requirement to register an easement over the stormwater line is necessary to ensure the stormwater system conveys the upstream flows in perpetuity thus not creating an actionable nuisance for the upstream property.”
Therefore, the condition needs to remain unchanged.

Condition 98 – Landscaping
98.	The development site must be landscaped. The works must be undertaken in accordance Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved Landscaping Plans and in particular:
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street (excluding access).
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Elm Street.
A dense 1m minimum landscaped setback to all side boundaries (excluding bin enclosure area for U5-U11).
Retention of all existing street trees.
Condition 102 - 104 – Bioretention Basins
102.	During construction and establishment of the bioretention devices, the supervising RPEQ must ensure that the device was constructed in accordance with the document Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009) and that the forms contained in section 3.15 including the associated supporting information and data are completed. These forms and certification from the RPEQ that the device has been constructed in accordance with the Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009), all conditions of approval, and the approved engineering drawings must be submitted to Council prior to commencement of use.
103.	Where the bioretention filter media interfaces with stormwater pits and retaining walls non-woven geotextile shall be fixed to the pit / retaining wall and extend 300mm out into the filter media generally in accordance with IPWEAQ Standard Drawing No. DS-070 to prevent tunnelling of water along the interface.
104.	Prior to issuing of a final compliance certificate, council must receive evidence that the results for the in-situ hydraulic conductivity testing conducted in accordance with FAWB PRACTICE NOTE 1: In Situ Measurement of Hydraulic Conductivity Belinda Hatt, Sebastien Le Coustumer April 2008 for the bioretention filter media achieve the design criteria.
Applicant’s Representation
It is unreasonable for the applicant to accommodate the stormwater shed from Lot 1 RP153798 which is external to the site. Lot 1 RP153798 has the capacity to redirect the stormwater generated on site to a legal point of discharge.
Assessment of Representation
Council’s development engineer advises that:
“Condition 98 – Acknowledged that it is a duplicate. Acceptable to delete 98.
Condition 102 – Acknowledged that it is a duplicate. Acceptable to delete 102.
Condition 103 – Acknowledged that it is a duplicate. Acceptable to delete 103.
Condition 104 – Acknowledged that it is a duplicate. Acceptable to delete 104.”

RECOMMENDATION
With regard to Application No. MCU21/0117 OPW21/0199, and the representations made, Council on 19/01/2022 decided to:
A.	Agree in part to amend condition 2 and 29 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
A.001	B	Site Plan, prepared by Zest Design	12/08/2021
A.003	B	Development Summary, prepared by Zest Design	12/08/2021
A.004	D	Site Sections, prepared by Zest Design	01/11/2021
PA.100	A	Level 1 Floor Plan, prepared by Zest Design	12/07/2021
PA.101	A	Site Plan, prepared by Zest Design	12/07/2021
PA.200	A	Elevations, prepared by Zest Design	12/07/2021
PA.201	A	Elevations, prepared by Zest Design	12/07/2021
PB.100	A	Level 1 Plan, prepared by Zest Design	12/07/2021
PB.101	A	Level 2 Plan, prepared by Zest Design	12/07/2021
PB.200	A	Elevations, prepared by Zest Design	12/07/2021
PB.201	A	Elevations, prepared by Zest Design	12/07/2021
PC.100	A	Level 1 Plan, prepared by Zest Design	12/07/2021
PC.101	A	Level 2 Plan, prepared by Zest Design	12/07/2021
PC.200	A	Elevations, prepared by Zest Design	12/07/2021
PC.201	A	Elevations, prepared by Zest Design	12/07/2021
L.000	B	Landscape Plan, prepared by Zest Design	12/08/2021
L.001	A	Landscape Details, prepared by Zest Design 12/08/2021	12/08/2021
Condition 29 – Landscaping
29.	The development site must be landscaped. The works must be undertaken in accordance with the Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved Landscaping Plans and in particular:
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street (excluding access).
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Elm Street.
A dense 1m minimum landscaped setback to all side boundaries (excluding bin enclosure area for U5-U11).
The provision of 3 new street trees in accordance with PSP 2 – Landscaping.

B.	Delete conditions 98, 102, 103 and 104.

C.	Disagree to amend condition 35.

D.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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