2019-02-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                12 FEBRUARY 2019


RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 12 February 2019 regarding Application No. RAL18/0009
for a Development Permit to Reconfigure a Lot - 1 lot into 2 lots situated at 20 Mitti Street, Noosa
Heads and:
A.    Refuse Application No. RAL18/0009 for a Development Permit for Reconfiguring A Lot - 1 lot
      into 2 lots, situated at 20 Mitti Street, Noosa Heads for the following reasons:
      1.    The proposal is not consistent with The Noosa Plan’s Reconfiguring a Lot Code as the
            proposed lots are not suitable for their intended use as they do not contain house site
            areas 100% above the 1% AEP flood level with lot 1 subject to significant flooding from
            an overland drainage path.
      2.    The proposal has not demonstrated suitable, safe and appropriate access to Lot 1.
      3.    The applicant has not sufficiently demonstrated the proposal will not cause offsite
            flooding impacts.
      4.    The proposed lots are not consistent with The Noosa Plan’s Noosa Heads Locality
            Code as the proposal will not maintain the safety of people and will not achieve a high
            level of residential amenity for residents given the overland drainage path that
            traverses the property.
      5.    The proposed reconfiguration will ultimately place more people within an area which
            has a clear risk of flooding compromising people’s safety.
      6.    The proposed lots do not comply with The Noosa Plan’s Reconfiguring a Lot Code as
            the lots are located within 50m of Noosa National Park.
B.    Advise the applicant that a Detached House is permitted to have only 1 kitchen and laundry
      pursuant to the Noosa Plan’s Detached House Code and therefore the second kitchen and
      any second laundry must be removed.
C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.    PROPOSAL
This application proposes to subdivide 1 lot into 2 residential lots with both lots to share an access
from Mitti Street. An easement is to be provided over proposed lot 2 for access and services with
a drainage easement initially proposed generally over the whole of lot 1 excluding the existing
building footprint, with the area of the drainage easement reflective of the existing overland flow
path through the site.
    Proposed lot 1 is 711m2.
    Proposed 2 is 662m2 including an access easement.
The applicant recently stopped the decision period as provided for by the Planning Act 2016 and
amended their proposal plans slightly and removed the drainage easement. The applicant though
has now indicated a willingness to accept the requirement of an easement over lot 1 where the
easement’s purpose is clear. Attachment 1 shows the original proposed lot layout lodged and
drainage easement. Attachment 2 includes the recently amended plans.
This application has been lodged in response to a complaint received raising concerns that the
new buildings recently constructed at 20 Mitti Street are being used as 2 detached houses in
breach of The Noosa Plan. Review of the house plans, an online search and discussions with the
owner suggests that the house on lot 2 is being offered on line for short term visitor accommodation
with the house on lot 1 being used by the owner.


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