REC16/0015 - Application For A Development Approval For A Reconfiguration Of A Lot (1 Lot Into 2 Lots And Access Easement) Situated At 2 David Low Way, Castaways Beach

REC16/0015 - APPLICATION FOR A DEVELOPMENT APPROVAL FOR A RECONFIGURATION OF A LOT (1 LOT INTO 2 LOTS AND ACCESS EASEMENT) SITUATED AT 2 DAVID LOW WAY, CASTAWAYS BEACH

Document information

Author	Development Planner, Wilhelm Koschade
Planning & Infrastructure Department

Index	ECM / Application / REC16/0015

Attachments	1. 	Riparian Buffer Mapping
2.	Bushfire Hazard Mapping

APPLICATION DETAILS
Applicant	Kenlynn Pty Ltd
Proposal	Development Permit to Reconfigure a Lot - 1 Lot into 2 Lots and Access easement
Properly Made Date	13 June  2016
Information Request Date	8 July 2016
Information Response Date	25 July 2016
Decision Due Date	17 September 2016
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	2 David Low Way Castaways Beach
RP Description	Lot 71 MCH 2854
Land Area	9677m²
Existing Use of Land	Duplex

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches Locality
Zone	Detached Housing Zone
Overlays	Biodiversity Overlay: Environmental Protection Area Riparian Buffer Area) Natural Resources Overlay: Coastal Protection Area Natural Hazards Overlay: Acid Sulfate Soils Slide Hazard Bushfire Hazard
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 September 2016 regarding Application No. REC16/0015 for a Development Permit for Reconfiguring a Lot (1 lot into 2 lots and Access Easement) situated at 2 David Low Way, Castaways Beach and issue a Preliminary Approval in accordance with the following conditions:
PLANNING
Preliminary Approval
Prior the issue of a Development Permit, the following documentation must be submitted to Council for review and approval:
A site specific Bushfire Hazard Assessment prepared by a suitably qualified person which either determines the site as a low bushfire risk or provides recommendations of how bushfire risk can be managed. The hazard assessment must avoid interference with vegetation in proposed covenant areas and must comply with The Noosa Plan’s Natural Hazards Overlay Code.
An Effluent Disposal Report prepared by a suitably qualified person which provides comment on the following:
The capacity of existing systems to operate as intended without causing environmental harm; and
Evidence existing systems operate wholly within the lot they intend to serve and accord with proposed covenant areas.
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this permit 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 and may be further amended by these conditions.
Plan No.	Rev.	Plan, prepared by	Date
M2683E 01	B	Reconfiguration Plan, prepared by JFOP Consultants	14/07/2016
M2683E DR01	A	Engineering Concept – Site Distance & Driveway Plan, prepared by JFOP Consultants	09/06/2016
All lot numbering on the subdivision plan 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.
Land Rehabilitation
The cleared land area of 750m2, south east of the southern residence, on public land must be rehabilitated to restore the area to the local variant of Regional Ecosystem 12.2.14. The works must be undertaken in accordance with an Operational Works approval.
Vegetation Covenant
A vegetation protection covenant must be registered against the titles of the properties over the area Vegetation Covenant on the Plan M2683-01B-RP.dwg pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must:
incorporate the requirements of this Decision Notice
include Noosa Council as Covenantee.
reference Queensland Land Title Registry Standard Terms Document No. 715597513
If a provision included in the covenant document is requisitioned or refused registration by the relevant titles authority, a substitute provision must be included in the document which as nearly as practicable addresses the objective sought by the requisitioned or refused provision. The wording of the substitute provision must be agreed by Council.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from David Low Way to all lots. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number M2683E DR01 Revision A and must include in particular:
a driveway crossover generally in accordance with Council’s standard drawing
a driveway width of 5.5 metres extending from the edge of the road formation to the property boundary
a passing opportunity (minimum 5.5 metres wide) between the front property boundary and the access to Lot 2
a sealed driveway minimum 3.0 metres wide for the remainder of the access handle,
underground service conduits for all utility services.
the works (benching and clearing) required within the David Low Way road reserve to construct a complying access
Vehicle access to Lots 1 & 2 is limited to the constructed driveway only.  A clause must be included in the contract of sale for Lots 1 & 2 which requires vehicle access to be from the constructed driveway only, and which prohibits the driveway from being relocated without Council agreement.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Electricity and Telecommunication Services
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 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.
Water Connections
An underground connection to reticulated water must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water has been provided to each lot.
Easements
An easement for access and services must be registered in favour of Lot 2 against the title of Lot 1. The easement must extend for the full extent of the easement shown on the approved plan.
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.
Dedication
The applicant must dedicate as “Road” that part of the site along the David Low Way frontage that is occupied by Council’s existing footpath. The alignment of the new boundary must be a minimum of 500mm from the eastern side of the existing footpath with as few bends as practicable.
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.

REPORT
PROPOSAL
The application seeks approval for a Reconfiguration of a Lot (1 lot into 2 lots) in order to create an additional residential lot. The development will establish separate tenure for two existing dwellings on the site. The application proposes a common driveway with an associated access easement which provides both lots direct access to David Low Way. A large portion of proposed lot 1 and 2 is to be designated as environmental covenant for environmental protection purposes. The application also proposes to dedicate a portion of the site along the south-western boundary to rectify an existing Council footpath encroachment.
The reconfiguration proposes lot sizes as follows:
Lot 1 – 5,737m2
Lot 2 – 3,940m2
A locality plan, registered plan extract and proposal plan is included below as Figure 1, 2 and 3.
Given the significance of the site in relation to location and natural features, this report has been put forward to Council for decision.

Figure 1 – Locality Plan

Figure 2 – Registered Plan Extract

Figure 3 – Proposal Plan

site details
Background
A Town Planning Consent (TPC 2566) for a Duplex Dwelling was issued over the site on 22 December 1993.
A pre-lodgement took place on 17 February 2014 regarding the potential for a Reconfiguration of a Lot (1 lot into 3 lots). Officers advised that new lot boundaries should not intersect significant vegetation, vegetation retention is maximised and the overall visual amenity of the area and beach front should be protected. It was further advised that the site is serviced by existing onsite effluent disposal systems and any future subdivision beyond 2 lots would require a reticulated sewerage connection. The existing standard of vehicle access would also require significant improvement to achieve compliance with current standards (sufficient site lines etc).
A subsequent pre-lodgement took place on 15 December 2015 where Council officers acknowledged the sites existing development rights for a duplex and reiterated that a subdivision into 2 parcels may be supported. It was further advised that a subdivision beyond 2 lots would require connection to the sewerage network and vegetation protection on the site is required. Improvement works to the existing access were also discussed.
Site Description
The site has an area of 9,677m2 and a road frontage to David Low Way of approximately 254m. There is an existing detached duplex on the site with driveways leading to both dwellings from a common access to David Low Way.
The site ranges in elevation from 4m – 24m AHD and generally slopes down from the southern property corner to the northern most dwelling. Further north, the site has a steep decline of approximately 38% to the northern boundary which meets the Burgess Creek riparian area.
Dunal vegetation is located throughout the site and generally consists of Spinifex grassland, Black Wattle, Coastal Sheoak, Acacia, Banksia, Pandanus, Carrotwood and Coastal Aspin. The vegetation is wholly located within a riparian buffer area and is critical in maintaining the ecological integrity of Burgess Creek. The vegetation is also important in maintaining soil and coastal bank stability with the site having direct frontage to a coastal foreshore.
Surrounding Land Uses
The site abuts a 92.8ha reserve to the east (Castaways Beach Park) and Burgess Creek to the north which are zoned Open Space Conservation. Adjoining the site to the west is David Low Way and further south-west across the road reserve are detached dwellings off Driftwood Drive and Caribbean Court.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 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 2014;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
Any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policy 2016
The site is located within a Coastal Hazard Area under the 2014 State Planning Policy mapping. The Noosa Plan’s coastal hazard provisions do not appropriately reflect the State Planning Policy 2014 and therefore the proposed development requires assessment against the Interim Development Assessment Provisions. The proposed development aligns with the provisions of the State Planning Policy 2014.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan and is consistent with the Plan’s regional policies and Regulatory Provisions.
Statutory Instruments – Planning Scheme
The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing. The proposed development is identified as code assessable development within the zone and is required to follow a code assessable application process, assessable against the following codes:
Eastern Beaches Locality Code;
Reconfiguring a Lot Code;
Landscaping Works Code;
Engineering Works Codes;
Biodiversity Overlay Code (Environmental Protection & Riparian Buffer Area); and
Natural Hazard Overlay Code (Landslide Hazard & Bushfire Hazard).

The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Reconfiguration of a Lot Code
The proposed subdivision broadly conforms to the provisions of The Noosa Plan’s Reconfiguring a Lot Code. The application proposes two new residential lots with proposed lot 1 having a lot size of 5,737m2 and proposed lot 2 with an area of 3,940m2. The proposed lots have an area and dimension which aligns with the minimum lot sizes of the code and which are suitable to accommodate the intended use. Providing the application can demonstrate compliance regarding effluent disposal areas and natural hazards associated to the site, the proposed reconfiguration would be consistent with this code.
Biodiversity Overlay
The site is broadly affected by the Biodiversity Overlay and has both Environmental Protection Areas and a Riparian Buffer Area over a vast majority of the site.
The mapped Environmental Protection Area seeks to protect vegetation from fragmentation and edging effects while maintaining it in manageable and viable configurations. The Biodiversity Overlay Code intends to achieve these outcomes by ensuring new lot boundaries do not transect existing vegetation and new lots are only created where suitable house areas are available (e.g. existing cleared areas). Where vegetation interference is unavoidable, development must be carried out in a way that maximises vegetation retention.
Similarly, the Riparian Buffer Area under the Biodiversity Overlay Code seeks to exclude all development from riparian areas to maintain the ecological and environmental significance of the subject riparian. The code seeks to exclude all development from riparian areas in order to maintain bank stability, water quality, wildlife corridors and terrestrial habitat.
The application proposes to create tenure for the two existing dwellings by reconfiguring the lot (1 lot into 2 lots) and with the provision of a common access. In order to minimise vegetation clearing, the proposed common boundary generally follows the bearing of the existing driveway of proposed lot 1 and only intersects vegetation along the final section where meeting the rear boundary. The proposed alignment of the boundary is depicted in Figure 4 and 5 below. The proposed alignment of the common boundary demonstrates compliance with the Specific Outcomes of the Biodiversity Overlay Code by minimising fragmentation and maximising retention of existing vegetation. Additionally, the application proposes a covenant area for environmental purposes over a substantial area of the site securing vegetation to the north with proximity to the Burgess Creek riparian area. The covenant area also secures a 5m – 6m vegetation strip along the rear property boundary which aligns with The Noosa Plan’s coastal hazard provisions where revegetation is sought within a 6.0m setback from seaward boundaries. The proposed covenant area secures the most significant vegetation over the site and restricts building and development to existing cleared areas.

The proposed subdivision does not create additional development opportunity or intensification over the site. Accordingly, the proposed reconfiguration will not significantly increase the scale and density of development onsite and does not intensify development within the riparian buffer area.

The proposed reconfiguration layout aligns with the outcomes of the Biodiversity Overlay Code. Council’s Environment Officer considers the subdivision design is an appropriate response to the site’s ecological constraints overall, with the registration of a significant covenant area for environmental purposes adjacent to the waterway ensuring a suitable riparian buffer consistent with the Overall Outcomes of the Overlay Code.

Figure 4 – Boundary to follow existing driveway

Figure 5 – Red arrow indicative of proposed boundary
Effluent Disposal
The existing duplex development was approved by Council in December 1993 (TPC 2566). As the site was not within a sewerage service area, an onsite effluent disposal system was approved which has serviced the development since the commencement of the use.
Council’s Plumbing and Building Section have advised that no records or information is available regarding the nature of the existing system and its capacity to operate as intended. Moreover, the application has not provided sufficient information or evidence to suggest that the existing systems are operating at a reasonable standard and are wholly located within the lots they intend to serve. Accordingly, Specific Outcome O1 of the Reconfiguring a Lot Code remains unaddressed as the applicant has not demonstrated the proposed lots have the appropriate area and dimension to accommodate the existing effluent disposal system. Furthermore, no information has been provided to demonstrate the existing systems are appropriately sited and designed to minimise impacts on water quality and biodiversity.
Third party advice was sought from Unitywater regarding any sewerage connection requirements. Unitywater advised it does not have any requirements for either proposed lots to connect to reticulated sewerage as the site is outside Unitywater’s sewerage connection area. A connection to water supply is however warranted with each proposed lot to be metered separately.
It is recommended only a Preliminary Approval be granted at this stage. Conditions are recommended requiring a further code assessable application to be submitted to Council with the provision of an effluent disposal report prior to the issue of a full approval. The report must comment on the nature of existing systems and whether they have the capacity to continue servicing the development without causing harm to the receiving environment. The report must also provide evidence both proposed lots have an appropriate area and dimension to accommodate existing systems and do not conflict with the proposed covenant area.
Bushfire Hazard
A large portion of the site to the north and smaller portion to the south is affected by a medium bushfire hazard area under the Natural Hazards Overlay mapping. Where increasing lots within a bushfire hazard area assessment is triggered against the bushfire provisions of the Natural Hazards Overlay Code.
Specific Outcome O10 of the Natural Hazards Overlay Code seeks to maintain the safety of people and property by avoiding subdivision of sites having a medium or high bushfire hazard. Alternatively, a site specific bushfire hazard assessment must be provided. To address bushfire hazard, the hazard assessment must either determine the site as having a low bushfire hazard rating or provide recommendations as to how bushfire hazard can be appropriately addressed.
The application has not provided the necessary bushfire hazard and management assessment and, therefore, does not satisfy Specific Outcome O10 of the Natural Hazards Overlay Code. The applicant maintains that the proposed reconfiguration to create one additional lot does not further endanger people or property, as two existing dwellings are situated onsite. However, the proposed subdivision will create two new titles with the potential to introduce two unrelated owners or parties residing on both proposed lots. A significant covenant area is also proposed which is within close proximity to both existing dwellings onsite. The intent of the covenant is to protect vegetation in its current state and evidence is required to ensure bushfire hazard is acceptable before the proposed subdivision can be supported.
Access & Cross Over
Both dwellings on the site are currently serviced by an existing driveway and cross over which provides direct access to David Low Way. The existing access was approved under the original town planning consent for the duplex on the 22nd December 1993.
The standard of the existing access formed a critical component of the engineering assessment for the proposed reconfiguration. The existing access is substandard and does not provide sufficient sight lines to conform to the design speed of David Low Way and does not meet minimum engineering safety standards.
The access is located on a section in David Low Way where sight lines are impeded to the north by a bend in the road and a natural embankment with vegetation in the road reserve. Additionally, David Low Way forms a crest to the south which also reduces sight lines for users of the crossover.
The application proposes to undertake vegetation clearing and embankment works within the road reserve to the north and south of the existing cross over in conjunction with improvement works to the existing driveway and cross over. The application also proposes to provide approach signage which will alert road users on northern approach. The application has not provided precise specifications and details of the proposed sight line and driveway works (including vegetation clearing) and it is therefore recommended that a condition of approval be included requiring a further operational works application to be lodged.
Council Footpath Encroachment
A section of an existing Council footpath network encroaches onto the site for an approximate length of 89m. The encroachment generally follows the bearing of the lot boundary along the south-western section of the site. The applicant has agreed to dedicate a portion of the land as road reserve where the infrastructure encroaches.
A condition of approval will be included to facilitate the land dedication in order to rectify the footpath encroachment.
cONSULTATION
IDAS Referral Agencies
The application was referred to the State Assessment and Referral Agency in relation to the following referral matters:
Concurrence
Department of Environment and Heritage Protection
The Department is a concurrence agency for Reconfiguring a Lot within a Coastal Management District. On 27 July 2016, the Department advised the development is supported and must be undertaken in accordance with the approved plans.
Other Referrals
The application was forwarded to Unitywater and the following internal Council specialists:
Development Engineer;
Environmental Officer; and
Plumbing Inspector.

Public Notification
Not applicable.
conclusion
The application seeks to subdivide the 9,677m2 block into two lots with associated easement for access and covenant area for environmental purposes. The site is located within the Detached Housing Zone in the Eastern Beaches Locality.
The site is broadly affected by the Biodiversity Overlay and is located within a Riparian Buffer Area and Environmental Protection Area. The proposed lot layout appropriately responds to the sites environmental constraints by nominating a significant covenant area to protect the ecological values of the Burgess Creek riparian and dunal vegetation located throughout the site. A 5m – 6m dunal covenant area is also proposed along the rear seaward boundary which aligns with The Noosa Plan’s coastal hazard area provisions.
The existing access arrangement off David Low Way is substandard and a critical engineering consideration. The proposed upgrades to the existing access are appropriate and align with minimum standards.
The application has not provided sufficient information in order to address bushfire hazard which affects a large portion of the site to the north and a small portion to the south. Additionally, no information has been provided regarding the capacity of two existing onsite effluent disposal systems and their ability to continue servicing the development without causing environmental harm. A Preliminary Approval only is recommended, with conditions requiring a further code assessable application to be submitted to address the outstanding bushfire hazard and effluent disposal issues.
Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Planning & Infrastructure		
	Community Engagement	x	Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance	x	Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

[word/footer1.xml]
Page 1 of 14

[word/footer2.xml]
Page 14 of 14

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 SEPTEMBER 2016

[word/header3.xml]
3

[word/header4.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 SEPTEMBER 2016

[Attachment: image2.png (image text)]
Fer Additions! man @
jogument Meunae
eter toc

   

   

 

 


[Attachment: image3.jpeg (image text)]
LEGEND

Cc] SUBJECT SITE
Es VEGETATION COVENANT

[ =) INDICATIVE BUILDING ENVELOPE

PROPERTY DESCRIPTION
PROPOSED LOTS 1 & 2
CANCELLING

LOT 71 ON MCH2854

PARISH OF WEYBA

COUNTY OF MARCH
TOTALAREA 9677m? (Deed)

(2) This plan was prepared forthe purpose and exclusive use of KENLYNN PTY LTD
to accompany an application to SUNSHINE COAST COUNCIL for a Development
Permit to Reconfigure the land described inthe plan and is not to be used for any
other purpose or by any other person or corporation.

JFP URBAN CONSULTANTS PTY LTD accepts no responsiblity fr any loss or
damage suffered howsoever arising to any person or corporation who may use or
rely on this planin contravention to the terms ofthis clause or clauses 2,3, 4,5
or 6hereot.

(2) The contours on this plan are approximate and ae suitable only forthe
purpose of this application. The accuracy of the contours has not been verified
and no reliance shouldbe placed upon such contours for any purpose other than
for the purpose of this application

(3) The dimensions, areas, size and location of improvements, flood information
(ifshown) and numberof lots shown on this plan are approximate only and may
vay.

(4) The postions of vegetation shown on ths plan has been interpreted from
aerial photography and are approximate only

(5) Safety in Design
‘The Urban Design fr the layout proposal has been developed to meet the stated
project brief, as expressed in JFP Urban Consultants Offer for the works, and the
Design Standards stipulated by the Local Authority named on ths plan.
‘Non-standard design solutions adopted inthe preparation ofthe layout are listed
lows;
None

(6) This plan may not be reproduced unless these notes are included,