Negotiated Report (Representations made) MCU19 0143

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU19/0143 and OPW19/0264
Development Approval	Material Change of Use - Multiple Housing - Type 2 Duplex Operational Works (Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping)
Applicant	Green Earth Homes
Representations Received On	20 March 2020
Number of Submissions for Original Application	Not applicable

PROPERTY DETAILS
Property Address	5 Ventura Street, Sunrise Beach Qld 4567
RP Description	Lot 114 on RP132135
Land Area	706.0m²
Existing Use of Land	Detached House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Attached Housing
Overlays	Nil
Assessment Type	Representations made to original approval

background
A preliminary approval for a Development Permit for Material Change of Use of Premises (Multiple Housing Type 2 Duplex Dwelling) and Operational Works (Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping) was issued on 26 February 2020
The applicant suspended the appeal period and made representations on 20 March 2020 to the development approval conditions. The representations are related to the reduction in gross floor area in order to achieve the required plot ratio of 0.45:1.
assessment
An assessment in relation to each of the submitted representations is provided below:
Material Change of Use – MCU19/0143
Conditions 1 to 3
General
The applicant is required to submit a further code assessable application for a Development Permit for a Material Change of Use of - Multiple Housing - Type 2 Duplex and Operational Works (Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping) complying with the conditions of this Preliminary Approval.
Prior to the issue of a Development Permit, plans listed within this Decision Notice must be amended to demonstrate compliance with the conditions of this Preliminary Approval and must include the following changes:
The total plot ratio of the development must not exceed 0.45:1.
Landscaping Plan A147 (Project number 5VEN dated 19/12/19) must be amended in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines for Coastal Beachfront Areas.
Preliminarily Approved Plans
The following plans must be amended prior to becoming approved plans.
Plan No.	Rev.	Plan/Document Name	Date
Project No: 5VEN  A101	20	Site Plan	19/12/19
Project No: 5VEN  A102	20	Site Contours	19/12/19
Project No: 5VEN  A103	20	Ground Floor Plan Villa 1	19/12/19
Project No: 5VEN  A104	20	Ground Floor Plan Villa 2	19/12/19
Project No: 5VEN  A105	20	First Floor Plan Villa 1	19/12/19
Project No: 5VEN  A106	20	First Floor Plan Villa 2	19/12/19
Project No: 5VEN  A107	20	North Elevation	19/12/19
Project No: 5VEN  A108	20	South Elevation	19/12/19
Project No: 5VEN  A109	20	East & West Elevation	19/12/19
Project No: 5VEN  A110	20	Internal East Elevation	19/12/19
Project No: 5VEN  A111	20	Internal West Elevation	19/12/19
Project No: 5VEN  A116	20	Roof Layout	19/12/19
Project No: 5VEN  A117	20	Section 1	19/12/19
Project No: 5VEN  A118	20	Sections 2 – 3	19/12/19
Project No: 5VEN  A119	20	Section 4	19/12/19
Project No: 5VEN  A120	20	Section 5	19/12/19
Project No: 5VEN  A121	20	Sections 6 - 7	19/12/19
Project No: 5VEN  A122	20	Section 8	19/12/19
Project No: 5VEN  A123	20	Section 9	19/12/19
Project No: 5VEN  A124	20	Sections 10 - 11	19/12/19
Project No: 5VEN  A125	20	Apex contoured sections	19/12/19
Project No: 5VEN  A141	20	3D Views 1	19/12/19
Project No: 5VEN  A142	20	3D Views 2	19/12/19
Project No: 5VEN  A143	20	3D Views 3	19/12/19
Project No: 5VEN  A144	20	3D Views 4	19/12/19
Project No: 5VEN  A147	20	Landscaping plan	19/12/19
operational works– opw19/0264
General
The applicant is required to submit a further code assessable application for a Development Permit for a Material Change of Use of - Multiple Housing - Type 2 Duplex and Operational Works (Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping) complying with the conditions of this Preliminary Approval.
Prior to the issue of a Development Permit, plans listed within this Decision Notice must be amended to demonstrate compliance with the conditions of this Preliminary Approval and must include the following changes:
Landscaping Plan A147 (Project number 5VEN dated 19/12/19) must be amended in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines for Coastal Beachfront Areas.
Preliminarily APPROVED PLANS
The following plans must be amended prior to becoming approved plans..
Plan No.	Rev.	Plan/Document Name	Date
3479-OP2	X – For Construction	Stormwater Drainage Plan Prepared by Construction Hydraulic	17/10/2019
19544-C2	A	Driveway and Footpath Site Plan Prepared by RIENMAC Pty Ltd	24/01/2020
Project No: 5VEN  A147	20	Landscaping plan	19/12/19
Submit amended plans to Council as described in the List of plans requiring amendments. Plans must be submitted and approved prior to the pre-start meeting.
The development site must be landscaped.  An updated Landscaping Plan, in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines for Coastal Beachfront Areas, must be submitted to Council prior to the issue of a Development Permit for Operational Works.
Applicant’s Representation
Representations received on 20 March 2020 stated:
Please find attached a full set of amended plans including a Stormwater Management Plan complying with the conditions of the Preliminary Approval, namely a plot ratio of 0.45:1 and landscaping in accordance with Council’s Planning Scheme Policy PSP3 as required by parts a. and b. of Condition 2. Accordingly, please issue a Development permit with Conditions 1, 2 & 3 deleted.
Assessment of Representation
The proposed plot ratio has been reduced to comply with the 0.45:1 requirement, therefore relevant conditions are to be updated and/or renumbered as follows:
MATERIAL CHANGE OF USE - MCU19/0143
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.
Deleted
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
Project No: 5VEN  A101	10	Site Plan	18/3/20
Project No: 5VEN  A102	10	Site Contours	18/3/20
Project No: 5VEN  A103	10	Ground Floor Plan Villa 1	18/3/20
Project No: 5VEN  A104	10	Ground Floor Plan Villa 2	18/3/20
Project No: 5VEN  A105	10	First Floor Plan Villa 1	18/3/20
Project No: 5VEN  A106	10	First Floor Plan Villa 2	18/3/20
Project No: 5VEN  A107	10	North Elevation	18/3/20
Project No: 5VEN  A108	10	South Elevation	18/3/20
Project No: 5VEN  A109	10	East & West Elevation	18/3/20
Project No: 5VEN  A110	10	Internal East Elevation	18/3/20
Project No: 5VEN  A111	10	Internal West Elevation	18/3/20
Project No: 5VEN  A116	10	Roof Layout	18/3/20
Project No: 5VEN  A117	10	Section 1	18/3/20
Project No: 5VEN  A118	10	Sections 2 – 3	18/3/20
Project No: 5VEN  A119	10	Section 4	18/3/20
Project No: 5VEN  A120	10	Section 5	18/3/20
Project No: 5VEN  A121	10	Sections 6 - 7	18/3/20
Project No: 5VEN  A122	10	Section 8	18/3/20
Project No: 5VEN  A123	10	Section 9	18/3/20
Project No: 5VEN  A124	10	Sections 10 - 11	18/3/20
Project No: 5VEN  A125	10	Apex contoured sections	18/3/20
Project No: 5VEN  A141	10	3D Views 1	18/3/20
Project No: 5VEN  A142	10	3D Views 2	18/3/20
Project No: 5VEN  A143	10	3D Views 3	18/3/20
Project No: 5VEN  A144	10	3D Views 4	18/3/20
Project No: 5VEN  A147	10	Landscaping plan As annotated by Council	18/3/20
Project No: 5VEN  A148	10	G.F.L Proximity plan	18/3/20
Project No: 5VEN  A149	10	F.F.L Proximity plan	18/3/20
Project No: 5VEN  A150	10	Site coverage calculation	18/3/20
Project No: 5VEN  A151	10	Plot ratio Villa 1	18/3/20
Project No: 5VEN  A152	10	Plot ratio Villa 2	18/3/20
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 14 April 2026, unless an application to extend the currency period is approved by Council.

Operational works – OPW19/0264
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.
Deleted
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
3479-OP2	X – For Construction	Stormwater Drainage Plan Prepared by Construction Hydraulic	17/10/2019
19544-C2	B	Driveway and Footpath Site Plan Prepared by RIENMAC Pty Ltd	23/03/2020
Project No: 5VEN  A147	10	Landscaping plan As annotated by Council	18/3/20
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 14 April 2026, unless an application to extend the currency period is approved by Council.
Submit amended plans to Council as described in the List of plans requiring amendments. Plans must be submitted and approved prior to the pre-start meeting.
The development site must be landscaped generally in accordance with the approved plans.

Administrative Amendment
Advisory Note 1 and 4 are to be deleted as they are no longer required.
Item 9 is to be amended to reflect further permits now required.

conclusion & reasons for decision
The applicant has made representations to a Preliminary Approval for a Material Change of Use – Multiple Housing - Type 2 Duplex and Operational Works (Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping) which was approved on 26 February 2020. The submission of modified proposal plans reducing plot ratio to 0.45:1 and updated Landscaping Plan results in the development complying with the requirements of the Preliminary Approval issued on 3 March 2020. Therefore, a Development Approval may now be issued.
The report is provided in accordance with Section 76 of the Planning Act 2016.
RECOMMENDATION
With regard to representations made, Council on 14 April 2020 decided to:
Agree to issue a Negotiated Decision Notice for a Development Permit for a Material Change of Use - Multiple Housing - Type 2 Duplex and Operational Works (Driveway, Parking, Stormwater, Earthworks, Frontage Works and Landscaping)
Agree to delete Advisory Note 1 and 4;
Agree to change Item 9 to read as follows:
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work

In relation to representations specific to Application No MCU19/0143, Council on 14 April 2020 decided to:
Agree to change Conditions 1, 3 and 5 to read as follows:
Agree to delete Condition 2
MATERIAL CHANGE OF USE - MCU19/0143
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.
Deleted
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
Project No: 5VEN  A101	10	Site Plan	18/3/20
Project No: 5VEN  A102	10	Site Contours	18/3/20
Project No: 5VEN  A103	10	Ground Floor Plan Villa 1	18/3/20
Project No: 5VEN  A104	10	Ground Floor Plan Villa 2	18/3/20
Project No: 5VEN  A105	10	First Floor Plan Villa 1	18/3/20
Project No: 5VEN  A106	10	First Floor Plan Villa 2	18/3/20
Project No: 5VEN  A107	10	North Elevation	18/3/20
Project No: 5VEN  A108	10	South Elevation	18/3/20
Project No: 5VEN  A109	10	East & West Elevation	18/3/20
Project No: 5VEN  A110	10	Internal East Elevation	18/3/20
Project No: 5VEN  A111	10	Internal West Elevation	18/3/20
Project No: 5VEN  A116	10	Roof Layout	18/3/20
Project No: 5VEN  A117	10	Section 1	18/3/20
Project No: 5VEN  A118	10	Sections 2 – 3	18/3/20
Project No: 5VEN  A119	10	Section 4	18/3/20
Project No: 5VEN  A120	10	Section 5	18/3/20
Project No: 5VEN  A121	10	Sections 6 - 7	18/3/20
Project No: 5VEN  A122	10	Section 8	18/3/20
Project No: 5VEN  A123	10	Section 9	18/3/20
Project No: 5VEN  A124	10	Sections 10 - 11	18/3/20
Project No: 5VEN  A125	10	Apex contoured sections	18/3/20
Project No: 5VEN  A141	10	3D Views 1	18/3/20
Project No: 5VEN  A142	10	3D Views 2	18/3/20
Project No: 5VEN  A143	10	3D Views 3	18/3/20
Project No: 5VEN  A144	10	3D Views 4	18/3/20
Project No: 5VEN  A147	10	Landscaping plan As annotated by Council	18/3/20
Project No: 5VEN  A148	10	G.F.L Proximity plan	18/3/20
Project No: 5VEN  A149	10	F.F.L Proximity plan	18/3/20
Project No: 5VEN  A150	10	Site coverage calculation	18/3/20
Project No: 5VEN  A151	10	Plot ratio Villa 1	18/3/20
Project No: 5VEN  A152	10	Plot ratio Villa 2	18/3/20
Nature and Extent of Approved Use
The plot ratio of the development must not exceed 0.45:1.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 14 April 2026, unless an application to extend the currency period is approved by Council.

In relation to representations specific to Application No OPW19/0264, Council on 14 April 2020 decided to:
Agree to change Conditions 1, 3, 4 and 36
Agree to delete Conditions 2 and 6
Operational works – OPW19/0264
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.
Deleted
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
3479-OP2	X – For Construction	Stormwater Drainage Plan Prepared by Construction Hydraulic	17/10/2019
19544-C2	B	Driveway and Footpath Site Plan Prepared by RIENMAC Pty Ltd	23/03/2020
Project No: 5VEN  A147	10	Landscaping plan As annotated by Council	18/3/20
CURRENCY PERIOD
The Currency Period for this development approval lapses if the use has not happened by 14 April 2026, unless an application to extend the currency period is approved by Council.

Submit amended plans to Council as described in the List of plans requiring amendments. Plans must be submitted and approved prior to the pre-start meeting.

The development site must be landscaped generally in accordance with the approved plans.

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