Delegated Report - Code - Planning RAL20 0025

Author	Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	RAL20/0025
Applicant	Gershon Dorfman
Proposal	Reconfiguring a Lot – 1 lot into 2 lots
Properly Made Date	20 October 2020
Information Request Date	4 November 2020
Information Response Date	1 March 2021
Decision Due Date	21 May 2021
Report Completed Date	12 May 2021
Report Reviewed By	Tara Norley - 11 May 2021

PROPERTY DETAILS
Property Address	19 Key Ct Noosa Heads Qld 4567
RP Description	Lot 174 RP 884826
Land Area	1268m²
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Noosa Heads
Overlays	Land subject to Acid Sulfate Soils Flood Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for Reconfiguring a Lot, 1 lot into 2 lots. The large 1265m² lot was originally 2 lots and subsequently amalgamated. The applicant seeks to reinstate the land into 2 lots and has demolished a portion of the dwelling to make way for the new boundary. Lot 1 is proposed at 643m² and lot 2 at 626m² and both are rectangular in shape.
A Council stormwater drainage line and overland flow path extends through the property adjacent to the north-eastern boundary.
The locality and proposal plan are included below.

Figure 1 - Lot aerial

Figure 2 - Locality Plan

Figure 3 - Lot subdivision proposal
site details
Site Description
The site is generally level with a stormwater overland flow path along the north east boundary. The Noosa Sound waterway adjoins the site to the south.  A large house has been partially demolished to provide for a new boundary.
Surrounding Land Uses
The surrounding area is dominated by typical larger waterfront dwelling houses. Nearby to the north is Noosa Parade and medium density units.
assessment
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.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Noosa Heads Local Plan Code;
Reconfiguring a lot Code;
Flood Hazard Overlay Code
The subject site is located in Noosa Heads and is zoned Low Density Residential. The proposal is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
Reconfiguring a Lot Code
The code seeks that a 600m² minimum lot size is achieved with a minimum average width of 17m and a minimum frontage of 4.5m. The proposal exceeds the average width and frontage width required and also exceeds the minimum lot size. However, because of stormwater infrastructure and an overland flow path along the north east boundary, a 3m wide portion of the lot is unusable for dwelling construction and must be contained within an easement. The applicant has demonstrated that by excluding the easement area there is still an approximately 367m² building envelope available for the dwelling. Without the easement area, an envelope of 390m2 would be applicable. It is considered that the proposed 367m² building envelope is sufficient for the intended uses and a dwelling could be constructed consistent with and in character with other dwellings in the street.
Stormwater
The applicant has submitted a stormwater management plan that addresses the overland flow requirements through lot 2 and the submitted proposal plan indicates the necessary easement.
Frontage works
The site’s frontage currently has kerb and channel for the full width. There is no footpath in the frontage and no footpaths in the general area. It is considered that no additional frontage works are required, except for street trees.
Flood Hazard Overlay Code
The Flood Hazard Overlay Code seeks that the safety of people and property is protected and that development areas are not filled to reduce flood risk. In this instance, there has been historically 1 household within the flood hazard area, however, originally 2 lots were created for 2 households. Given that no fill is proposed, and the minimum floor level for a dwelling can easily be achieved by raising the dwelling to a level similar to all of the surrounding dwellings, the safety of people and property will be able to be protected through future development of the site, and therefore the proposal raises no concern.
cONSULTATION
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer
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 RAL20/0025 for a Reconfiguring a Lot - 1 lot into 2 lots situated at 19 Key Ct Noosa Heads Qld 4567 and described as Lot 174 RP 884826, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL20/0025
Street address:	19 Key Ct Noosa Heads Qld 4567
Real property description:	Lot 174 RP 884826
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot - 1 lot into 2 lots
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
20-5255AA	2	Plan of proposed Reconfiguration of Lot 174 on RP884826	09/04/21
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The building envelopes shown on the approved plans depicts the planning scheme setbacks. Variation of these setbacks would require Council approval.
Currency Period
This development approval lapses if the use has not happened by 12 May 2025, unless an application to extend the currency period is approved by Council.
Landscaping
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy PSP 2 – Landscaping and must include in particular 2 x 45 litre street trees per lot frontage, totalling 4 street trees within the frontage. The plans identifying the location and species must be submitted for operational works.
Vacant site
The ground surface of proposed Lot 2 must be effectively stabilised (which may be turf) so as to not cause nuisance to the surrounding area to the satisfaction of Council. This must be actioned within 30 days of this approval.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties.
Property Access and Driveways
A residential driveway must be constructed to proposed Lot 1. The works must be undertaken in accordance with an Operational Works approval and be:
located generally in accordance with the approved plan;
designed and constructed without adversely impacting on the existing vegetation in the road reserve.
Stormwater Drainage
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 and be generally in accordance with the “Proposed Development at 19 Key Court – Noosa Heads, Stormwater Management Plan, Version 1” prepared by Callaghan and Toth dated 23 February 2021.
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
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.
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
An easement for drainage purposes (below ground and overland flow) must be registered in favour of Council against the title of proposed Lot 2. The easement must be generally in accordance with the approved plans and the “Proposed Development at 19 Key Court – Noosa Heads, Stormwater Management Plan, Version 1” prepared by Callaghan and Toth dated 23 February 2021.
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.
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.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Co-ordination of Operational Works Assessment
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
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased.
proposed fencing to the site during the construction phase of the development.
provision for worker car parking.
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Infrastructure Charges
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
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Stormwater, Landscaping, Driveway/crossover
submissions
Not applicable.
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.
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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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