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

               With reference to PO21(d), the issue of amenity impacts to the neighbouring dwellings at 2, 2A,
               2B and 6 Starboard Avenue, this was raised in Council’s Information Request. The applicant’s
               response recommended that a detailed lighting plan be provided as part of the Building Approval.
               A condition will be imposed as part of any full development permit to ensure all outdoor lighting
               complies with Australian Standard AS4282. This standard sets the guideline for mitigating the
               obtrusive effects of outdoor lighting and provides recommended limits for relevant lighting levels to
               contain these effects within tolerable levels. Furthermore, along the southern extent of the existing
               access handle, there is an existing dense hedge that will effectively screen the adjoining properties
               from light spillage. Blockwork fencing and landscaping will also effectively reduce light spill from
               reducing the amenity of the existing dwellings on 2A and 2B Starboard Avenue.
               It is noted that the proposal to increase the number of Medium Density Residential Zoned lots
               gaining access from this rear lot does not meet PO21(b) of the Reconfiguring a Lot Code.
               Notwithstanding this, the non-compliance with PO21(b) meets the purpose and overall outcomes
               of the Reconfiguring a Lot Code because the rear lots were created before the land was upzoned
               and is therefore consistent with the established and emerging character of the local area. The
               emerging character of the area provisions for higher densities and is therefore likely to result in
               more lot being created from an existing rear lot.
               Water Quality and Drainage Code
               Acceptable Outcome AO2.1-AO2.4 of the Water Quality and Drainage Code state:
               AO2.1          Stormwater drainage planning, design and construction is in accordance with PSP6
                              Engineering Design Standards - Roads, drainage and earthworks and the latest
                              version of the Queensland Urban Drainage Design Manual.
               AO2.2          The stormwater drainage system connects to a lawful point of discharge in accordance
                              with PSP6 Engineering Design Standards - Roads, drainage and earthworks.
               AO2.3          Stormwater flows discharging from the development are demonstrated to be consistent
                              with pre-development characteristics.
               AO2.4          Development provides for the management of stormwater to incorporate appropriate
                              allowance for climate change impacts (including rainfall intensity and sea level rise), in
                              accordance with PSP6 Engineering Design Standards – Roads, Drainage and
                              Earthworks.
               The proposal does not meet these Acceptable Outcomes and as such does not comply with these
               provisions of the code. The proposal is therefore required to comply with corresponding
               Performance Outcome PO2 of the Water Quality and Drainage Code, which states:
               PO2            Stormwater drainage infrastructure is planned, designed and constructed to:
                              (a)      incorporate allowance for increased flood risk and tidal inundation through
                                       pipework as a result of climate change and sea level rise;
                              (b)      ensure the development is adequately drained; and
                              (c)      ensure stormwater is managed and lawfully discharged without altering
                                       stormwater drainage characteristics external to the site.
               Council’s Information Request raised issues regarding the external drainage impacts that the
               development would cause. The assessment did not consider the impacts on all parts of the
               drainage network external to the site.
               The response to Council’s Information Request did not sufficiently resolve issues relating to
               stormwater management, specifically allowances for climate change and demonstrating a ‘non-
               worsening’ outcome that assessed like-for like scenarios for climate change scenarios, based on
               the 1% AEP event (2100).
               Council’s Senior Development Engineer has also considered the proposed stormwater solution
               and has provided advice in his assessment in section 4.2 below.



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