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Cover Letter - Response to Information Request
Attached to the e-mail RAL23_0002 - LATE Response to Information Request - 35 Pavilion Street_ Pomona.
Date: 15 June 23
The Chief Executive Officer
Noosa Shire Council,
PO Box 141
Tewantin QLD 4565
Via Email ([email protected])
Attention: Georgina Schramm
Dear Georgina,
RE: Response to Information Request relating to a Development Application to Reconfigure a
Lot (1 Lot into 2 Lots) at 35 Pavilion Street, Pomona described as Lot 3 RP 809059 (Council
Reference: RAL23/0002)
I refer to Council’s Information Request issued on 23 February 2023 in relation to the
abovementioned application.
In accordance with Part 3 Section 13 of the Development Assessment Rules and the Planning Act
2016, we hereby provide a response to the items raised in the request as detailed below:
Issue – Rear Lots
The proposed reconfiguration will result in the creation of an additional rear lot. Proposed Lot 2 will
share common boundary with 6 lots, the development does not comply with AO21.4 of the
Reconfiguring a Lot Code.
Compliance with the corresponding Performance outcome is to be demonstrated
Information Required
1. Provide assessment and demonstrate compliance with the relevant outcome.
Response
Proposed Lot 2 would share a common boundary with 6 other lots and consequently not comply
with AO21.4 of the Reconfiguring a Lot Code. Despite this non-compliance, it is considered that the
proposed reconfiguration complies with Performance Outcome PO21 of the code for the following
reasons:-
a) it is not possible to reconfigure the land so that the lots have a full frontage to a road;
b) the land is located in the Low-density Residential zone;
c) the development positively contributes to the character of the neighbourhood in that it will
result in large residential lots that are compatible with the surrounding area and are not
visible from the road frontage;
d) the development will provide a high standard of amenity for residents and other users of
the rear lot and adjoining properties in that:
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i. the lots have large areas of 1144m2 (Lot 1) and 1430m2 (Lot 2) and will be capable of
supporting future dwelling houses with generous landscaped surrounds;
ii. the surrounding dwelling houses are well setback from the boundaries as illustrated
in Figure 1 below, and would not be impacted by overlooking or loss of privacy.
e) the lots are large enough to accommodate future dwelling houses including car parking and
manoeuvring areas;
f) the proposed reconfiguration would not be detrimental to the use and amenity of adjoining
lots through loss of privacy, sunlight or breezes once buildings are constructed in that:
i. the proposed lots are large in size and will support future dwelling houses with
generous landscaped surrounds.
ii. it is likely that the future dwellings would be orientated to the west, where they
would enjoy expansive views over rural land and a vista to Mt Cooroora.
g) the lots would achieve access via an existing access strip that is of a concrete formation will
not result in unreasonable impact to the adjoining properties.
h) the proposed access would not adversely affect the safety and efficiency of the road from
which access is gained; and
i) the proposed reconfiguration would not prejudice the anticipated development of adjoining
land.
Figure 1 – Aerial Photograph of site and surrounds
Please refer to the RFI Response Provided by Recor Pty Ltd for a response to issues 2 – 9.
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Proceeding This office trusts that the information supplied comprehensively addresses all of the issues relating to the information request. Should you have any further questions in relation to the proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email at [email protected] sincerely, Marcus Brennan B. Urb. Reg. Plan.