Delegated Report - Code - Planning MCU17 0565 · MCU17/0565

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU17/0565 & OPW17/0599
Applicant	M Design
Proposal	Material Change of Use - Multiple Housing - Type 2 Duplex Operational Works – Access, stormwater and landscaping
Properly Made Date	5 January 2018
Information Request Date	23 January 2018
Information Response Date	3 April 2018
Decision Due Date	21 May 2018
Report Completed Date	17 May 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	7 Parkedge Rd Sunshine Beach Qld 4567
RP Description	Lot 323 RP 168110
Land Area	656 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Semi-attached
Overlays	Natural Hazard overlay – High Potential (small portion) and Potential Impact buffer
Assessment Type	Code
PROPOSAL
The application seeks approval for a 2 storey, 3 bedroom duplex and associated Operational Works.  Each dwelling has a pool and open space areas facing Parkedge Road. A site aerial photo and proposal plans are shown in Figures 1 & 2.

site details
Background
The site is vacant and Council records show that there have been no previous approvals over the site.
Site Description
The site is vacant and is located on the corner of Parkedge Road and Bryan Street. The site slopes down from Parkedge Road, whereby the lowest end of the site is located on Bryan Street. Surrounding Land Uses
The site has dwellings either side, while opposite (Bryan St) there are duplex’s and unit developments. Opposite the site on Parkedge Road is Noosa National Park.
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Eastern Beaches Locality Code
Residential Uses Code
Driveways and Car parking Code
Landscaping Code
The subject site is located in the Eastern Beaches Locality and is zoned Semi attached. The proposed use is defined as consistent use with the zone and 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:
Criteria	Planning Scheme	Proposal	Complies
Population density	6.6 persons max	6.6 persons	
Gross floor area or Plot ratio	295.8m² max 0:45:1 max.	295.8m² 0:45:1	
Site cover	40% max	38%/14%	
Landscaped open space Soft landscaping	265 m² min	260m2	
Building height storeys metres	2/3 storeys max 8/12 metres	2 storeys 8 metres	
Boundary setbacks Frontage Side Side Rear	6 metres min < metres min < metres min 6 metres min	6m to Parkedge Rd & 5.33-5.66 m to Bryan St 4.5 metres 2–3.7 metres Rear not applicable due to it being a corner allotment	X
Length of wall	15 metres max	7 metres	
Carparking	4 covered min	4 covered	

Set backs
Schedule 1 requires a front setback of 6 metres from the front boundary. This site is of dual frontage. The development complies with the required front setback to Parkedge Road. The development proposes a reduced setback to Bryan Street.  Level one encroaches on this front setback ranging 0.3 -0.7 of a metre.  The proposal preserves amenity to the adjoining neighbours and surrounding streetscape through the use of landscaping. The proposed setbacks raise no concerns that cannot be conditioned.
Roof Pitch
Acceptable solution 12.1 of the Eastern Beaches Locality Code requires a roof pitch of 5% for at least 75% of the roof.  The proposed development proposes a roof pitch of 2 degrees, however the roof line is well articulated in its’ design. The design incorporates a various mix of materials and articulation to break up the building’s façades and provide visual interest. These elements assist in reducing visual bulk, more so from the street. Although there are a number of pitched roofs in the street, there is a general mix of roof forms in the locale. The proposed roof form is acceptable and will not adversely impact on the character of the area.
Built form
The proposed development responds positively to the site with a stepped down design, with vehicular access from the lowest part of the site (Bryan St).
Vegetation
There is a small number of mature trees (including eucalypts) located centrally within the site.  It is not possible to retain any trees as retaining any would render the site undevelopable. The trees have no real significance, however the applicant would be required to have a fauna spotter on site when they are being removed to address the potential threat to wildlife. The applicant proposes significant landscaping within the site, plus large grassed areas (soft landscaping) and the requirement for street trees will be conditioned.
cONSULTATION
Referral Agencies
The applicant was not referred to any Referral Agencies.
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Co-ordinator, Development Assessment
Environment Officer, Development Assessment
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 MCU17/0565 for a Material Change of Use - Multiple Housing - Type 2 Duplex and Operational Works (Access, stormwater and landscaping) situated at 7 Parkedge Rd Sunshine Beach Qld 4567 and described as Lot 323 RP 168110, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU17/0565
Street address:	7 Parkedge Rd Sunshine Beach Qld 4567
Real property description:	Lot 323 RP 168110
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Multiple Housing - Type 2 Duplex
Operational Works for Access, Stormwater and Landscaping
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
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
1.1	E	Site Plan, drawn by M Design	28/02/2018
2.1	E	Floor Plan – Ground, drawn by M Design	28/02/2018
2.2	E	Floor Plan – Level 1, drawn by M Design	28/02/2018
2.3	E	Floor Plan – Level 2, drawn by M Design	28/02/2018
2.4	E	Roof Plan, drawn by M Design	28/02/2018
4.1	E	Elevations (West and North), drawn by M Design	28/02/2018
4.2	E	Elevations (East and South), drawn by M Design	28/02/2018
5.1	E	Sections (AA & BB), drawn by M Design	28/02/2018
5.2	E	Section (CC), drawn by M Design	28/02/2018
6.2	E	Landscaped Plan, drawn by M Design (as amended)	03/04/0218
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and natural ground surface.
Building Appearance
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Site Access and Driveways
A sealed access driveway must be provided from Bryan Street to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with drawing number 18405 C2 revision P1 prepared by Rienmac Pty Ltd dated 28 February 2018.
Car Parking
A minimum of 4 car parking spaces must be provided and marked on the site. The works must be undertaken generally in accordance with the approved plans.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken generally in accordance with drawing number 17196 H02 Revision A prepared by HDS Hydraulic Design Solutions dated 26 February 2018.
Electricity and Telecommunication Services
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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.

Easements
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.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Landscaping
The development site must be landscaped in accordance with Drawing number 6.2, prepared by M Design and dated 03/04/18.
The required street trees as shown on the amended approved landscape plan must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Be either Banksia integrifolia or Acronychia imperforata or Acmena hemilampra or other local native species as confirmed in writing by Council.
Planted in accordance with the following detail: https://www.noosa.qld.gov.au/documents/40217326/bbb2508a-584f-4cf3-965c-f28c6fd7e56f
Landscape works in the road reserve must:
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Landscape works must be supervised and undertaken by qualified persons*.  All works must be completed in accordance with this Decision Notice. (* Refer to Advisory Note)
Fauna Management
Fauna or fauna habitat relating to tree clearing works must be managed by a qualified person*. *(Refer to Advisory Note)

OPERATIONAL WORKS
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
17196 H02	A	Ground Floor Drainage Services Plan prepared by HDS Hydraulics Design Solutions. Stormwater elements only.	26 February 2018
17196 H03	A	Level 1 Drainage Services Plan prepared by HDS Hydraulics Design Solutions. Stormwater elements only.	26 February 2018
18405 C2	P1	Driveway Plan prepared by Rienmac Pty Ltd	28 February 2018
18405 C3	P1	Turning Circle Driveway Plan prepared by Rienmac Pty Ltd	28 February 2018
18405 C5	P1	Sections prepared by Rienmac Pty Ltd	28 February 2018
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre start” meeting.
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting / prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
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 and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with Council’s Standard Drawings RS-049 and RS-050.
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing, where necessary, undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to the commencement of the use.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Prior to the commencement of the use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term (refer to advisory notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
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.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
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:
PLANNING
Qualified Person
Qualified Person, for the purpose of:
Undertaking landscape construction and establishment works is considered to be a person with five years current experience in commercial landscape construction projects.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
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 (ACH Act).
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 ACH 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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6291 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a prestart meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.

property notes
Not applicable.
VARIATION approval
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Private Certification
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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