Negotiated Report (Representations made) RAL20 0020

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Planner, Will Koschade
Development Assessment
APPLICATION DETAILS
Application No.	RAL20/0020
Development Approval	Development Permit to Reconfigure a Lot (Boundary Realignment - 3 into 3)
Applicant	Maxwill Neville Richardson PR Kevin Richard Richardson PR
Representations Received On	5 November 2021
Number of Submissions for Original Application	Not Applicable

PROPERTY DETAILS
Property Address	551, 563 & 571 Cooroy Belli Creek Rd Black Mountain QLD 4563
RP Description	Lot 429 MCH 481, Lot 49 MCH 1168, Lot 158 MCH 1321
Land Area	63,970m², 73,680m², 675,400m²
Existing Use of Land	Rural Lot with residential structures

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Locality	Rural Zone
Zone	Not Applicable
Overlays	Not Applicable
Assessment Type	Representations made to original approval
background
A development approval for a Development Permit to Reconfigure a Lot (Boundary Realignment - 3 into 3) was issued on 12 October 2021
The applicant suspended the appeal period and made representations on 5 November 2021 to the development approval conditions. The representations are detailed below but primarily relate to the access driveway and the need to seal it (condition 7).
The original application was code assessable and did not required public notification.

assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 7 - Property Access and Driveways
A sealed access driveway must be provided from Cooroy Belli Creek Road to all parking and manoeuvring areas for each of the proposed lots. The works must be undertaken in accordance with an Operational Works approval and generally in accordance with:
Council standard drawing RS-056;
“Response to Information Request – Report”, Version 2, project No. 20.029, prepared by Long View Consulting Engineers, dated 24 August 2021; and
”Slope Stability Assessment – Proposed Lot 429”, 20362-001-Rev0, prepared by Tectonic Geotechnical & Environmental Engineers, dated 28 July 2021.
Applicant’s Representation
The applicant provided the following comments to support the request to amend the access condition:

Assessment of Representation
Council’s development engineer provided the following assessment of the condition:
“The purpose of the condition was to improve the existing crossover not only from a safety and amenity point of view but environmentally as well, since the sealing of the driveway will result in less dust and mud on RR.
Having said that, given the extents of the driveway, I am happy to change the condition as per below, in line with the requirements of the Standard Drawing RS-056 (which requires the crossover and the part of the driveway on RR to have a 2 coat seal) and RS-056’s addendum requiring 1.5m of the driveway abutting into existing road edge to be flexible pavement.”
Accordingly, Council agrees to the request in part and recommends that the condition be amended as follows:

Property Access and Driveways
An access driveway must be provided from Cooroy Belli Creek Road to all parking and manoeuvring areas for each of the proposed lots. The works must be undertaken in accordance with an Operational Works approval and generally in accordance with:
Council standard drawing RS-056;
Addendum to Council standard drawing RS-056, namely the requirement of 1.5m of the driveway abutting into existing road edge being flexible pavement;
The driveway within the road reserve being sealed (two coat bitumen seal as per Council’s standard drawing RS-056);
“Response to Information Request – Report”, Version 2, project No. 20.029, prepared by Long View Consulting Engineers, dated 24 August 2021; and
”Slope Stability Assessment – Proposed Lot 429”, 20362-001-Rev0, prepared by Tectonic Geotechnical & Environmental Engineers, dated 28 July 2021.

conclusion & reasons for decision
The applicant requests to amend condition 7 to allow a gravel access driveway. The purpose of condition 7 was to improve the existing crossover not only from a safety and amenity point of view but environmentally as well, since the sealing of the driveway will result in less dust and mud on a public road.
Given the extents of the driveway, Council is supportive to amend the condition in line with the requirements of the Standard Drawing RS-056 (which requires the crossover and the part of the driveway on RR to have a 2 coat seal) and RS-056’s addendum requiring 1.5m of the driveway abutting into existing road edge to be flexible pavement.
RECOMMENDATION
With regard to Application No. RAL20/0020, and the representations made, Council on 16/11/2021 decided to:
A.	Agree (in part) to amend condition 7 to read as follows:
Property Access and Driveways
7.	An access driveway must be provided from Cooroy Belli Creek Road to all parking and manoeuvring areas for each of the proposed lots. The works must be undertaken in accordance with an Operational Works approval and generally in accordance with:
Council standard drawing RS-056;
Addendum to Council standard drawing RS-056, namely the requirement of 1.5m of the driveway abutting into existing road edge being flexible pavement;
The driveway within the road reserve being sealed (two coat bitumen seal as per Council’s standard drawing RS-056);
“Response to Information Request – Report”, Version 2, project No. 20.029, prepared by Long View Consulting Engineers, dated 24 August 2021; and
”Slope Stability Assessment – Proposed Lot 429”, 20362-001-Rev0, prepared by Tectonic Geotechnical & Environmental Engineers, dated 28 July 2021.
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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The approval requires to construction of a sealed access to the houses on proposed Lots 49
and 158 and the house site area of proposed Lot 429 generally in accordance with the
Council’s standard drawing RS-056, the “Response to Information Request — Report”
prepared by Long View Consulting Engineers and the “Slope Stability Assessment —
Proposed Lot 429”.

It is noted the standard drawing RS-056 stipulates that compacted gravel base is the
standard construction of access driveways in rural areas. It is also noted that above Reports
do not stipulate the requirement of a sealed access driveway to any Lots, except for a 16-
metre section of the common access to proposed Lots 49 and 429.


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The access driveway to Lot 158 is the existing gravel access driveway. The existing
driveway is constructed in accordance with the requirements of an access driveway in a rural
area. The proposal does not increase the amount of traffic utilizing the driveway and
therefore is suitable for the purpose.

The access driveway to Lot 49 incorporates the existing crossover at the Cooroy Belli Creek
Road frontage and the existing driveway access to the house. It is noted that approximately
16 metres from the existing crossover will also be utilized by proposed Lot 429. Except for
the shared part of the driveway, the existing driveway is constructed in accordance with the
requirements of an access driveway in a rural area. The proposal does not increase the
amount of traffic utilizing the driveway and therefore is considered to be suitable for the
purpose.

The proposed access driveway to the house site area of proposed Lot 429 has been
designed by Long View Consulting and supplied within the Response to the Information
Request and stipulates a two-coat seal for the first 16.78 metres from Cooroy Belli Creek
Road and a gravel pavement between chainages 16.78 and 358 at the house site area.
The proposed driveway runs along a broad ridge.

The proposed development of the subject properties does not warrant the construction of
sealed access driveways to the parking and manoeuvring areas of the proposed Lots and
the reports prepared by the Engineer and Geotechnical Engineer do not recommend a
sealed driveway with the exception of the part of the driveway shared by 2 Lots.