Council archive · source document
Delegated Report - Code - Planning MCU23 0139 [As Published] · MCU23/0139
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Planner, Sam Osakwe
Development Assessment
APPLICATION DETAILS
Application No. MCU23/0139
Applicant David Mark Newbold
c/- Brennan Planning
Proposal Material Change of Use - Dual occupancy
Properly Made Date 20 October 2023
Information Request Date 17 November 2023
Information Response Date 14 February 2024
Decision Due Date 20 March 2024
Report Reviewed & Nadine Gorton 21.03.2024
Finalised By
PROPERTY DETAILS
Property Address 15 Olivine St Cooroy Qld 4563
RP Description Lot 119 C 5604
Land Area 1012 m²
Existing Use of Land Dwelling House (One single dwelling & one secondary dwelling)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not Applicable
Local Plan Area Cooroy Local Plan Area
Overlays NIL
Assessment Type Code
Document Set ID: 22856668
Version: 5, Version Date: 21/03/2024
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 9 pages
Page 2
1. PROPOSAL
The application seeks approval for a Material Change of Use - Dual occupancy. The application
specifically seeks approval to convert the existing secondary dwelling on the southern portion of
the site to a dual occupancy, with a new vehicle crossing from Olivine Lane and single carport.
The locality and proposal plan are included below.
Subject site
Figure 1 – Locality Map
Figure 2 – Aerial Image
Page 2 of 10
Document Set ID: 22856668
Version: 5, Version Date: 21/03/2024
Page 3
Figure 3 – Proposed Site Plan
2. SITE DETAILS
2.1. Site Description
The subject land is located on the eastern fringe of the Cooroy township approximately 570 metres
north east of Cooroy railway station. The site is presently improved with a single dwelling and a
secondary dwelling which was subject to a referral agency response from Council for siting
variations (RAB20/0074).
The site has dual frontage to Olivine Street to the north, and Olivine Lane to the south. Vegetation
on site comprise predominantly planted vegetation. Access to the principal dwelling is from, with
informal access to the existing secondary dwelling from Olivine Lane.
2.2. Surrounding Land Uses
Land adjacent to the subject site is zoned for medium density residential purposes. A majority of
these parcels are improved with dwelling houses with a few dual occupancies and multi dwelling
developments scattered around.
3. ASSESSMENT
3.1. 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; and
• Noosa Plan 2020.
Page 3 of 10
Document Set ID: 22856668
Version: 5, Version Date: 21/03/2024
Page 4
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Cooroy Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
The application has been assessed against the above codes and the pertinent matters arising out
of the assessment are outlined and discussed below:
Criteria Planning Scheme Proposal Complies
Laneway resumption when 2 metre laneway resumption No resumption or X
access is taken from and upgraded laneway upgrade proposed
laneway
Building height
• storeys 2 storeys max < 2 storeys
• metres 8 metres < 8 metres
Site cover 40% max 26.3 %
Plot ratio 0.4:1 max. < 0.4:1
Boundary setbacks
• Frontage 6 metres min and is >6m (Olivine St.)
landscaped open space. 4m (Olivine Ln) X (existing)
• Side (east) 1.5 metres min 0m X (existing)
• Side (west) 1.5 metres min 1.5 m
• Rear 6 metres >6m
Landscaping 40% of site area > 40%
Soft landscaping 60% of landscaping > 60%
Private Open Space 25m² min at ground level > 25m²
Carparking 2 covered, 1 additional min. 2 covered, 1
additional space in
tandem
Laneway Resumption
Performance Outcome PO17(a) of the Cooroy Local Plan Code requires development to facilitate
the widening and upgrading of laneways in the Cooroy Local Plan Area to accommodate
anticipated levels of traffic.
Where access to development is taken from a laneway, a 2 metre resumption from the laneway
frontage is required for widening, and the laneway is to be upgraded to the appropriate standard.
Page 4 of 10
Document Set ID: 22856668
Version: 5, Version Date: 21/03/2024
Page 5
The development proposes a new access from Olivine Lane, however, does not propose the
required 2 metre resumption, or laneway upgrade.
The applicant submits the following:
Olivine Lane currently has a varied reserve width of between 6.7m and 8.7m. Council has
taken a land dedication with any recent development applications approved on the southern
side of Olivine Lane to achieve a consistent overall reserve width of 8.7m. This has included
land dedication associated with developments over No’s 23, 31, 33, 35, 43-45 Tewantin
Road.
No land dedications have been required by Council associated with any development
occurring on the northern side of Olivine Lane. This includes a recent development for a dual
occupancy located on the adjoining site at 13 Olivine Street, Cooroy. Given the
circumstances, it is unlikely that a consistent verge width could be achieved on the northern
side of Olivine Lane. It would also be unnecessary to require land dedications on the northern
side of Olivine Lane, given that a consistent dedication on the southern would achieve the
reserve width required by the planning scheme for a laneway. Overall, the development will
achieve the overall outcomes of the Cooroy Local Plan Code and not impact on the laneways
ability to provide vehicular access and serving functions.
The applicant’s justification is inaccurate and not supported as the 2 metre resumption requirement
was introduced under the current planning scheme, (Noosa Plan 2020) and a review of Council’s
records confirms that laneway dedication has been required and provided to all new development
accessed from Olivie Lane. A condition requiring the 2 metre dedication of the laneway front has
been included in the approval below.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Development Engineer – As Conditioned
5. 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 MCU23/0139 for a Material Change of Use – Dual occupancy
situated at 15 Olivine St Cooroy Qld and described as Lot 119 C 5604; it is recommended the
application be approved in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU23/0139
Street address: 15 Olivine St Cooroy Qld 4563
Real property description: Lot 119 C 5604
Planning Scheme: Noosa Plan 2020 (25 September 2020)
Page 5 of 10
Document Set ID: 22856668
Version: 5, Version Date: 21/03/2024
Page 6
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use – Dual occupancy
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Currency Period
2. This development approval lapses if the use has not happened by 21 March 2030 unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below. The plans must be amended to incorporate the
amendments listed within the table below and resubmitted to Council prior to the issue of any
Development Permit for Operational Works.
Plan No. Rev. Plan/Document Name Date
- - - -
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
03 A Site Plan, prepared by McLaren Design 31.08.2023
Amendments • The development must provide a 2m wide Road Reserve
dedication across the full frontage of the site to Olivine Lane
prior to commencement of use. (See Conditions 11 & 12)
Performance Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
5. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Fencing and Walls
6. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre,
with landscaping and articulated to provide visual interest by stepping the design. Any fencing
on the front boundary must either:
a. not exceed a maximum height of 1.2 metres
b. be of open construction.
Page 6 of 10
Document Set ID: 22856668
Version: 5, Version Date: 21/03/2024
Page 7
Waste Management
7. A waste storage area must be provided in accordance with Planning Scheme Policy 9, Waste
Management and the Noosa Plan’s Waste Management Code, including an external
imperviously paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties.
Community Management Statement
8. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
9. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The dwelling units are not permitted to be used for short term accommodation, unless
where identified as accepted development by the Noosa Plan or where there is a
Development Permit for Material Change of Use for Short Term Accommodation in
effect. Short term accommodation means the use of the premises for providing
accommodation of less than 3 consecutive months to tourists or travellers.
10. All landscape works must be established and maintained for the life of the development, and
in a manner that ensures healthy, sustained and vigorous plant growth. All plant material
must be allowed to grow to full form and be refurbished when its life expectancy is reached.
ENGINEERING
External Works
11. The development must provide a 2m wide Road Reserve dedication across the full frontage
of the site to Olivine Lane prior to commencement of use.
12. Submit and have approved by Council prior to the commencement of use, a development
application for Operational Works for the following:
All frontage works and associated works. The frontage works are as follows:
(i) Olivine Lane – Lane widening to provide a minimum 5.0-metre-wide carriageway and
2.0 metre wide verge along the full frontage of the site, transitioning smoothly to the
existing kerb and channel beyond the site frontage.
Design drawings are to be prepared and certified by a suitably qualified Registered
Professional Engineer Queensland (RPEQ) and in accordance with approved plans and
documents of development and the Noosa Planning Scheme current at the time of the
Operational Works application.
Notes:
The verge adjoining the development and the carriageway is to be constructed to a minimum
sealed width containing:
a. Kerb and channelling and underground stormwater drainage to the development side
only;
b. Widening and sealing of the existing road pavement to the new kerb line. Concrete to be
designed in accordance with rigid road pavement design principles; and
c. Turfing and topsoil to the new verge area.
This condition has been imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Page 7 of 10
Document Set ID: 22856668
Version: 5, Version Date: 21/03/2024
Page 8
Site Access and Driveways
13. A sealed access driveway must be provided from Olivine Lane to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. a driveway crossover in accordance with Council’s standard drawings RS-049 & RS-
050.
Car Parking
14. A minimum of 3 car parking spaces must be provided on the site. The works must be
undertaken generally in accordance with McLaren Design’s Site Plan (03, Rev. A) dated 31
August 2023 and must include in particular:
a. Two (2) covered car parking spaces within the total; and
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Stormwater Drainage
15. 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.
Services
16. Underground reticulated electricity and telecommunication services must be provided to
each dwelling in accordance with the standards and requirements of the relevant service
provider.
17. 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.
18. 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
19. 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.
20. 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.
21. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
22. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be contained entirely within the subject site unless
written permission form the respective landowner(s) is provided to Council. All earthworks
must be undertaken in accordance with the provisions of Australian Standard AS3798:
Guidelines on Earthworks for Commercial and Residential Developments.
23. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
Page 8 of 10
Document Set ID: 22856668
Version: 5, Version Date: 21/03/2024
Page 9
Damage to Services and Assets
24. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Resubmission of Amended Plans Required
1. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU23/0139.
Building and Construction Industry (Portable Long Service Leave) Levy
2. 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.
Sustainability
3. Council encourages sustainable and energy efficient building design for all development
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
3. devices and rainwater harvesting.
Co-ordination of Operational Works Assessment
4. 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
5. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
Infrastructure Charges
6. 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
Page 9 of 10
Document Set ID: 22856668
Version: 5, Version Date: 21/03/2024
Page 10
Private Infrastructure
7. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority.
Environmental Advisory Notes
8. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Roadwork, Stormwater, Vehicle Crossover and
Landscaping.
Development Permit for Building Works All building works.
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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.
Page 10 of 10
Document Set ID: 22856668
Version: 5, Version Date: 21/03/2024
Used in these records
Delegated Report - Code - Planning MCU23 0139 [As Published].pdfRelated documentApplication case desk ↗
About this file
- File size
- 3.4 MB (large file)
- File type
No other editions are linked here.
Original file
Log in to download the original file
The download may take up to a minute.