Delegated Assessment Report - REC13/0015

DELEGATED REPORT
	PLANNING ASSESSMENT BRANCH

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	REC13/0015

Author:	Glen Conforti

Project Director:	Denis Wallace

SUMMARY:

APPLICATION DETAILS
Applicant:	Valkev Pty Ltd
Proposal:	Development Permit to Reconfigure a Lot (1 Lot into 5 Lots)
Properly Made Date:	11/02/2013
Information Request Date:	7 March 2013
Info Response Received Date:	16 May 2013
Date of Site Visit:	February 2013
Decision Due Date:	14 June 2013
Number of Submissions:	Not Applicable

PROPERTY DETAILS
Division:	12
Property Address:	55 Lake Macdonald Dr COOROY
RP Description:	Lot 136 MCH 978
Land Area:	2.415ha
Existing Use of Land:	Detached House and shed

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (8 August 2011)
Strategic Plan Designation:	Not Applicable
Locality:	Cooroy & Lake Macdonald
Zone:	Detached Housing Zone
Assessment Type:	Code

PROPOSAL:

The application seeks approval for a Development Permit to Reconfigure a Lot (1 Lot into 5 Lots). The proposed development is for the creation of 4 lots fronting Lake Macdonald Drive and a balance lot. The lots sizes are:
Lot 1 – 781m²
Lot 2 – 619m²
Lot 3 – 614m²
Lot 4 – 619m²
Lot 5 – 2.16ha (balance lot)

The proposal is essentially Stage 1 of a 31 lot subdivision over Lot 136 MCH 978 (subject of this application), adjoining lots Lot 137 MCH 978 and Lot 2 RP 173883. A preliminary Master Plan design has been submitted as part of the application. The application has not been submitted as a staged development as the owner does not want to be ‘locked’ into a staged development time frame being cautious in the current economic climate; therefore the 1st 4 lots have been submitted as a stand-alone application.

A detached house, garage and shed are sited on the existing lot and are proposed to be demolished. An existing electricity pole and guard rail (to protect pole) near the frontage of proposed Lot 2 and 3 are being removed and the electricity proposed to be undergrounded.

Frontage works include on street car parking and widening of Lake Macdonald Drive to the active frontage of Lots 1 – 4. Inter allotment stormwater drainage is proposed to Lots 1-4 with a water treatment system within the balance Lot 5 adjacent to Lot 4.

SITE DETAILS:
Site Description
Site & Locality Description
Road Frontage	Approximately 158 metres of frontage to Lake MacDonald Drive and an unsealed stub road as a result of a small 13 lot subdivision off Blue Wren Place.
Existing Significant Vegetation	The western section of the lot is affect by the Riparian Buffer Overlay and is lightly vegetated, is below Q100, forms a natural drainage channel and is known to flood. The balance of the lot is pasture except for some vegetation consisting of eucalypts, Jacaranda’s and other non-native species along the Lake Macdonald frontage.
Topography:	The lot slopes from Lake Macdonald Drive (eastern boundary) to the drainage channel near the western boundary.
Surrounding Land Uses:	Detached houses immediately adjacent to the south, undeveloped Detached Housing Zone and Community Services Zone land to the west. The adjoining 2 lots to the north are part of the proposed Master Plan and are zoned Detached Housing. Across Lake Macdonald Drive to the east is Community Services Zoned land which is part of the Cooroy Cemetery and some vacant Council owned land.

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument

The application has also been assessed against the planning scheme, including the following applicable codes:

Cooroy & Lake Macdonald Locality Code
Reconfiguring a Lot code
Landscaping Code
Engineering Works Codes

The following planning scheme overlays are applicable to this application:

Biodiversity Overlay - Riparian Buffer
Natural Hazard Overlay – Flood Hazard
Natural Resources Overlay – Gas Pipe Line Buffer

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
Biodiversity Overlay & Flood Hazard area
The western portion of the lot is affect by the Riparian Buffer Overlay where the majority of the riparian land is lower than the Q100 level. The applicant has provided an Advanced Flood Search Certificate which identifies the Q100 inundation area of which does not affect the proposed 4 lots. The current application does not propose any form of development below the Q100 or near the Riparian Buffer area.  The larger balance lot would have use rights for a detached dwelling which would be is self-assessable outside of the Riparian Buffer. Should the Master Plan proposal be progressed, the flood inundation area and Riparian Buffer would be addressed as part of a future application.
Natural Resources Overlay – Gas Pipe Line Buffer
The north east corner of the lot is within the 200 metre Gas Pipe Line Buffer. The code seeks to ensure that Uses do not result in an increase in the number of people living or congregating within the buffer. The proposed 4 lots are located outside the buffer area and the portion of the balance lot affected by the buffer is recommended for an easement for drainage purposes. There is no opportunity for an increase in people living or congregating within the buffer and therefore the proposal meets the requirements of the Code.

Lot Size

The minimum lot size for Detached Housing is 600m² or 800m² for battle axe lots. Proposed Lots 1-3 are regular rectangular shaped between 614m² and 619m². Proposed Lot 1 has an irregular shaped rear boundary but given the larger size of the allotment at 781m² there is sufficient area for vehicle access and construction of a detached house.

Frontage Works

Frontage works include the widening of Lake Macdonald Drive to include 2 on-street parallel car parks, new footpath and kerb and channelling to the active frontage of Lots 1 -4. Frontage works are not required to be extended along the full frontage of the balance lot as the north eastern frontage is proposed as park on the Master Plan and is currently required as a drainage easement (below Q100) until such time it is dedicated to council as park.

Stormwater Quantity and Lawful Point of Discharge

Given that the proposal is potentially the first of a staged development, a staged approach to getting the area subject to flooding and the bioretention basin in public ownership is proposed. For this initial stage it is recommended that the area subject to flooding be retained in private ownership but be covered by a drainage easement  When further subdivision of the balance lot occurs the drainage easement can be extinguished, the area re-vegetated and then dedicated as public land for drainage purposes. This approach is of benefit to the developer in that all of the balance lot is retained in private ownership and re-vegetation costs can be delayed to further stages when the entire channel can be dedicated as one parcel. This approach also has advantages for Council in terms of asset delivery and the easement establishes the necessary discharge rights in the interim for the proposed lots and bioretention basin.

Park Dedication

The proposal is potentially part of a 31 lot Master Plan development and there is some concern as to when the park area would be dedicated as the creation of an additional 4 lots does not justify the impost of rehabilitation of the riparian area and the construction of an active park and bicycle and pedestrian pathways. The Master Plan indicates that Stage 2 would create 3 lots on the adjoining lots which have frontage to Wilgee Court. However, Stages 3 or 4 would require internal road works which would justify the creation of sufficient lots for financial feasibility and for Council to require rehabilitation and park dedication.

Other Planning Considerations

Given the proposal may be part of a Master Planned 31 lot subdivision, the Information Request required the applicant to provide a preliminary Master Planned lot layout to demonstrate that all services, access and stormwater management/treatment can be adequately provided to the proposal and the remaining land. Council indicated that it would prefer a road interface with the open space areas and requested other design criteria such as active/passive park land, bicycle and pedestrian connectivity. A preliminary Master Plan has been submitted and demonstrates services and stormwater management could be provided, however, the lot layout and location of active park land and bicycle/pedestrian pathways is not ideal but sufficient for the purposes of this application. The remaining land and adjoining lots can be subdivided successfully with further negotiation at the time of future applications. It is noted that no part of the Master Plan forms part of this application except for the lots 1 -4.

CONSULTATION:

IDAS Referral Agencies

There are no IDAS referral agencies applicable.
Other Referrals
The application was forwarded to Unitywater and the following internal council specialists:

Development Engineer, Engineering and Environment Assessment Branch
Hydraulics and Water Quality Specialist, Engineering and Environment Assessment Branch
Environment Officer, Engineering and Environment Assessment Branch
Ecology Specialist, Engineering and Environment Assessment Branch
Urban Designer, Planning Assessment Branch
Their assessment forms part of this report.

CONCLUSION:

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.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. REC13/0015 for a Development Permit to Reconfigure a Lot (1 Lot into 5 Lots) situated at 55 Lake Macdonald Dr COOROY as identified in the attached details recommended for the Decision Notice.

Development Application Number REC13/0015

1.	APPLICATION DETAILS

Application No:	REC13/0015
Street Address:	55 Lake Macdonald Dr COOROY  QLD  4563
Real Property Description:	Lot 136 MCH 978
Planning Scheme:	The Noosa Plan (8 August 2011)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit to Reconfigure a Lot (1 Lot into 5 Lots)

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

PLANNING

	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 authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
	Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the boundary clearances 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 constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
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
	ENGINEERING UNIT
	External Works
The Lake Macdonald Drive frontage of proposed lots 1-4 and part of Lot 5 must be upgraded. The works must be generally in accordance with Drawing No 1225-02 Rev A titled Stage 1 Four Lots Master Civil Layout Plan 1 dated May 2013 as prepared by Callaghan and Toth. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of kerb and channelling and underground stormwater drainage to the development side only
widening and sealing of the existing road pavement to 5 metres offset from the existing centreline
removal of the redundant sections of existing footpath and construction of the new pedestrian footpath
removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and seed/turf for grassed verges
installation of street lighting as necessary
removal of the redundant portions of the existing overhead electricity and provision of a new service to an underground alignment in accordance with the conditions of this Decision Notice.
the planting of suitable street trees. The location of the trees must be clear of the sight lines for the vehicle access to Lots 1-4 and the bioretention basin.

	Driveways
A sealed access driveway must be provided from Lake Macdonald Drive to Lots 1-4. The works must be generally in accordance with Drawing No 1225-02 Rev A titled Stage 1 Four Lots Master Civil Layout Plan 1 dated May 2013 as prepared by Callaghan and Toth. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with  IPWEAQ standard drawing SEQ R-050 for Lots 1-4.
	Electricity and Telecommunication services
An underground connection to reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and 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 from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction

	Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
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.

HYDRAULICS AND WATER QUALITY
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 the Queensland Urban Drainage Manual), and must include in particular:
stormwater quantity management devices of a size and location generally in accordance with those shown in the of the Stormwater Treatment and Water Quality Management Plan listed in this Decision Notice
collection and discharge* of stormwater to the drainage line, including the provision of Level 2 interallotment drainage for proposed Lot 1 – 4 with associated interallotment drainage easements
the use of gravity stormwater drainage and not surcharge pits.
*(Refer to Advisory Note)
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the Bioretention Technical Design Guidelines (Water by Design) and must include in particular:
stormwater quality treatment devices of a size and location generally in accordance with those shown in Section 4 of the of the Stormwater Treatment and Water Quality Management Plan listed in this Decision Notice
bioretention devices which:
are designed generally in accordance with IPWEQA Standard Drawing No. WSUD-001
are designed to ensure that flows which exceed the treatment capacity of the device avoid damaging of the filter media or subjecting the filter media to excessive sediment loads.
are provided with a free-draining outlet from the sub-soil drainage system
Detailed life cycle costing must be prepared for the stormwater quality treatment system by a Registered Professional Engineer Queensland and submitted to Council prior to the issue of any Development Permit for Operational Works.
An easement for drainage purposes must be registered against the title of proposed Lot 5 in favour of Council over the land area identified as the north eastern corner proposed Lot 5 with extents defined as the full frontage to Lake MacDonald Drive to the east, Lot 137 MCH978 to the north, the boundary of Lot 4 to the south and the 100 year ARI inundation extent to the west.  Draft easement documentation must be submitted to Council for endorsement.
UNITYWATER
Reticulated water must be provided to each lot in the development. This must include:
Ensuring that existing internal water pipes are wholly contained within the lot they will serve.
An approved water meter for each lot in accordance with Unitywater Standard Drawings SCW 350,355 and 360.
Water meters must be located on alternative boundaries to electrical pillars
Reticulated sewerage must be provided to each lot in the development. This must include:
Ensuring existing sewer house drains are wholly contained within the Lot they will serve.
A 3.0 metre wide easement must be provided over all Unitywater sewers located in private property. A 4.0 metre wide easement must be provided over Unitywater sewers greater than 3.0 metres deep (where approved by Unitywater). Easements must be located centrally over the main. Sewers on side boundary alignments may require easements within adjacent properties.
Written approval to enter and construct must be obtained from the owners of properties through which external sewers will traverse, and be submitted with lodgment of the associated development application for Operational Works
Stormwater retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable Unitywater approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.

5.	REFERRAL AGENCIES

Not Applicable.

6.	APPROVED PLANS

The following plans are Approved Plans for the development:

Approved Plans
Plan No.	Rev.	Plan Name	Date
10-3032AH2
Plan of Proposed Reconfiguration of Lot 136 on MCH978, prepared by Max Watterson & Associates	03/05/2013
1225-02	A	Stage 1 Four Lots Master Civil Layout Plan, prepared by Callaghan & Toth	05/13

7.	REFERENCED DOCUMENTS

The following documents are referenced in the assessment manager conditions:

Referenced Documents
Document No.	Rev.	Document Name	Date
No. 1225 SMP.doc	1	Stormwater Treatment and Water Quality Management Plan, prepared by Callaghan and Toth 	May 2013

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

ENGINEERING

	Building and Construction Industry (Portable Long Service Leave) Levy
From 1 January 2000, the Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the 'Building and Construction Industry'.  This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Sustainable Planning Act 2009, where the works are $80,000 or more and matching the definition of 'Building and Construction Industry' under the Building and Construction Industry (Portable Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855.

Co-ordination of Operational Works Assessment
To assist Council to undertake an integrated assessment of the operational works application, all aspects of the works must be included in one (1) application and be in accordance with Council’s planning scheme. Additional application fees apply to 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
The works identified in this Decision Notice will be required to be carried out in accordance with a Construction Management Plan endorsed by Council through an approval for Operational Works.   To ensure expedient assessment of any Operational Works application, the applicant is advised to submit a preliminary Construction Management Plan that addresses the requirements of the planning scheme.

HYDRAULICS AND WATER QUALITY

Lawful Point of Discharge
The applicant is advised that a lawful point of discharge for the development will need to be determined and demonstrated as part of a detailed design solution included with the Operational Works application.

UNITYWATER
Connection to the Unitywater live water supply and live sewerage system must be undertaken by Unitywater at the applicants cost.

GENERAL
	Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

9.	PROPERTY NOTES

The following property notes will be placed against the subject property in Council’s property record system:

REC13/0015 – Property Access Driveway
The following notation applies to approved lots 1-4:

To ensure that the safety and efficiency of the road network and ensure the integrity of on-street parking is maintained vehicle access to this lot must be from the constructed driveway only.  The driveway must not be relocated without Council agreement (refer to Council Approval RE13/0015).

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Operational Works (External Works, Water and Sewerage Works, Driveways, Stormwater Drainage Works, Electrical Reticulation and Street lighting and Landscaping)
Compliance Certificate for Document (Survey Plan)

12.	SELF ASSESSABLE CODES

Not Applicable.

13.	SUBMISSIONS

Not Applicable.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

15.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

16.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

REPORT COVER SHEET
	PLANNING ASSESSMENT BRANCH

Application no:	REC13/0015

Author:	Glen Conforti - Development Planner

Project Director:	Denis Wallace - Senior Development Planner

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is referral required to the Councillor Delegated Sign Off Mailbox?:
	No
Has a site inspection been undertaken?
	Yes
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?
Yes

PROJECT MANAGER	PROJECT DIRECTOR

Signature: 	Signature:

Position:  Development Planner	Position: Senior Development Planner

Date: 12/06/2013	Date:  14 June 2013

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on 12 December 2009:

Signature: 	Date:

PROJECT DIRECTOR

DELEGATED AUTHORITY REPORT

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