Delegated Report - Code - Planning MCU24/0125 (As Published)

               parking is not provided in term of the type and intensity of the proposed use and the development
               will not accommodate the number of vehicles likely to be generated by the development.
               The applicant did not address the issue of the location of visitor car park 4 in their response. This
               outcome is not supported and revised plans are to be submitted providing the required number of
               visitor car parking spaces further within the development and not along the existing access
               handle/easement.
               It is also noted that on the development statistics page of the proposal plans, that the number of
               resident car parking spaces need to be updated to 30 spaces. This has been included in the
               conditions of the preliminary approval.
               Reconfiguring a Lot Code
               Acceptable Outcome AO21.8 of the Reconfiguring a Lot Code states:
               AO21.8         No more than three lots gain access from the same access strip.
               The applicant is proposing that four lots gain access from the same access strip and as such does
               not comply with AO21.8 of the Reconfiguring a Lot Code. The proposal is therefore required to
               comply with corresponding Performance Outcome PO21 of the Reconfiguring a Lot Code, which
               states:
               PO21           Rear (battle-axe) lots are created only where:-
                              a.       it would not be desirable nor practicable for the site to be reconfigured so that all
                                       lots have full frontage to a road;
                              b.       located in the Low density residential zone, Rural residential zone or Rural zone;
                              c.       development positively contributes to the character of the neighbourhood;
                              d.       development provides a high standard of amenity for residents and other users
                                       of the rear lot and adjoining properties;
                              e.       the lot is large enough to accommodate anticipated land uses including car
                                       parking and manoeuvring;
                              f.       development is not detrimental to the use and amenity of adjoining lots through
                                       loss of privacy, sunlight or breezes once buildings are constructed;
                              g.       vehicular access to rear lots will not have a detrimental impact on lots adjoining
                                       the access strip due to excessive noise, light, dust, stormwater runoff and the
                                       like;
                              h.       access arrangements do not adversely affect the safety and efficiency of the road
                                       from which access is gained;
                              i.       their creation does not prejudice the anticipated development of adjoining land.
               This matter was raised in Council’s Information Request as increasing the number of lots from 4 to
               5 gaining access would cause detrimental impacts to lots adjoining the access strip, such as the
               new dwelling at 2B Starboard Avenue. In response to this item, the applicant provided the following
               justification:
               There are three existing Medium Density Zoned lots that currently gain access from Starboard Ave.
               Under The Noosa Plan and endorsed Round 2 amendments these sites are to be developed for a
               dual occupancy or multiple dwelling units on each of the three lots (6+ units). The proposal is for 4
               multiple dwelling units to access the easement, which is less than what is currently sought for and
               designed for. Furthermore, the proposal is for a community tile subdivision and the rear lot
               provisions are not applicable.
               It is acknowledged that because of the upzoning (from detached house to Medium Density
               Residential) that occurred since The Noosa Plan 2006 was superseded, hypothetically the existing
               three lots could be developed for 6+ units. The applicant’s justification above only addresses part
               of the relevant performance criteria for PO21 of the Reconfiguring a Lot Code.


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Document Set ID: 23672855
Version: 9, Version Date: 08/04/2025