Concurrence Referral Agency - Planning Report RAP19 0037 · RAP19/0037

Author	Development Planner, Billy Glover
Development Assessment
Index	RAP19/0037

APPLICATION DETAILS
Application	RAP19/0037
Applicant	EarthCert Pty Ltd
Proposal	Detached House
Properly Made Date	13 December 2019
Information Request Date	6 January 2020
Information Response Date	24 February 2020
Decision Due Date	25 February 2020

PROPERTY DETAILS
Property Address	45 Saltwater Ave Noosaville Qld 4566
RP Description	Lot 524 RP 883848
Land Area	1,031m²
Existing Use of Land	Detached House (under construction)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Detached Housing
Overlays	Natural Hazards (Flood & Acid Sulfate Soils)
Assessment Type	Code
REPORT
PROPOSAL
The application seeks approval for a Development Permit for a Detached House (Works within 4.5m of revetment wall).
In December 2019, Council issued a stop works letter advising the property owner to lodge an application for the works being carried out within 4.5 metres of the revetment wall without an approval. The subject application was lodged shortly after.
The proposed works within the 4.5 metre setback include centrally located stairs, porous paving and landscaping comprising grass, shrubs and trees less than 3 metres in height.
The locality and proposal plans are included below.

Figure 1 – Site Locality

Figure 2 – Proposed works within 4.5m of the revetment wall centreline

Figure 3 – Proposed Elevation
site details
Site & Locality Description
Road Frontage	23 metres
Existing Significant Vegetation	Mix of native and domestic species
Topography	The site is generally flat and tapers off at the rear of the site to the waterway
Surrounding Land Uses	Residential
assessment
The following codes which regulate land use and design are applicable to this application:
Detached House Code
The application has been assessed against the code and found to be compliant with, or can be conditioned to comply with the code. The pertinent matters arising out of the assessment against the code is discussed below.
Criteria	Planning Scheme	Proposal	Complies
Site Area	Not applicable	1,029.97m²	-
Boundary setbacks Rear	4.5 metres from the centreline of the revetment wall	Excavation and building works proposed within the 4.5 metre setback	X
Works within 4.5m of the revetment wall
Special provisions – Noosa Waters estate	Complies
No building works, filling or excavation works are within 4.5m of the centre line of the top of the concrete revetment wall	No
A minimum of 25% of the area within 4.5m of the revetment wall is planted with shrubs and trees with a mature height of 3m or less	Yes - 29%
A maximum of 25% of the area within 4.5m of the revetment wall is under hard pavement and the balance is to be grass, ground covers or shrubs provided no shrubs are planted within the first 1m of the revetment wall	Yes - 18%
The ground surface within the first metre of the revetment wall is grass or ground cover	No
No tree species with a mature height of over 3m are planted within 4.5m of the revetment wall	Yes
Side boundary fences within 4.5m of the revetment wall taper down to a maximum height of 1.2m at the revetment wall and no more than 1.5m at a distance of 2.25m from the revetment wall	Yes (1.2 metres)
As outlined above, the proposed works within 4.5 metres of the revetment wall do not comply with Probable Solutions S34.1 and S34.4 of the Detached House Code.
The proposal includes centrally located stairs and porous paving leading down to the revetment wall at a width of approximately 3 metres, this structure and surfacing separates two landscape areas comprising of grass, shrubs and trees with a mature height of less than 3 metres.
The amenity of the locality will unlikely be adversely affected by the design of the proposed works as the proposal is generally consistent with other similar works within the 4.5 metre setback in the Noosa Waters estate.
With regard to Specific Outcome O34, the proposal does not comply with outcome a) as the works protrude through a batter line of 1:4.5 measured from the centreline of the revetment wall. The protrusion of the proposed stairs through the batter line is contained to a relatively small area in contrast of the width of house and subject lot. The proposal raises no concerns in relation to the corresponding Overall Outcomes of the Detached House Code.
The applicant provided documentation from an RPEQ certifying the proposed works.
It is recommended the application be conditioned to ensure compliance with Probable Solutions S26.2 – S26.6, as follows:
Noosa Waters Setback
The land area within 4.5 metres of the revetment wall must be developed generally in accordance with the approved plans and the following requirements:
a minimum of 25% of the area must be planted with shrubs;
a maximum of 25% of the area must be under hard pavement and the balance must be turf or ground covers;
Any tree species planted must not have a mature height that exceeds 3 metres;
all land within 1 metre from the revetment wall must be free of any structures (excluding the porous paving as per the approved plans), and must not be planted with shrubs, instead must be provided with either turf or ground cover;
any side boundary fencing within 4.5 metres of the revetment wall must taper down to a maximum height of 1.2 metres at the revetment wall, and must have a height not exceeding 1.5 metres at a distance of 2.25 metres from the revetment wall.
Draft planning Scheme
In relation to the proposed works, the draft planning scheme provisions are generally consistent with the current planning scheme provisions.
consultation
The application was forwarded to the following internal Council officers:
Engineering, Development Assessment
conclusion
The proposed works within 4.5 metres of the centreline of the revetment wall generally comply with the requirements of the planning scheme and do 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
APPROVE WITH CONDITIONS
Application No RAP19/0037 for a Concurrence Agency Response for a Detached House situated at 45 Saltwater Ave Noosaville Qld 4566 as identified in the attached details recommended for the Decision Notice.
application details
Application No:	RAP19/0037
Street address:	45 Saltwater Ave Noosaville Qld 4566
Real property description:	Lot 524 RP 883848
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The applicant seeks the following type of development approval:
Development Permit for a Detached House (Works within 4.5m of revetment wall)
concurrence agency 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
A104	A31	Revetment Retaining Wall Details, prepared by Collins Building Designs	26.05.2020
A103	A31	Proposed Site Plan, prepared by Collins Building Designs	26.05.2020
A201	A31	Proposed North & East Elevations, prepared by Collins Building Designs As annotated by Council	26.05.2020
A202	A31	Proposed South & West Elevations, prepared by Collins Building Designs	26.05.2020
-	-	Form 16-Inspection Certificate, prepared by Lincoln Roberts (RPEQ-17393)	20/05/2020
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $3,000 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.
Noosa Waters Setback
The land area within 4.5 metres of the revetment wall must be developed generally in accordance with the approved plans and the following requirements:
a minimum of 25% of the area must be planted with shrubs;
a maximum of 25% of the area must be under hard pavement and the balance must be turf or ground covers;
Any tree species planted must not have a mature height that exceeds 3 metres;
all land within 1 metre from the revetment wall must be free of any structures (excluding the porous paving as per the approved plans), and must not be planted with shrubs, instead must be provided with either turf or ground cover;
any side boundary fencing within 4.5 metres of the revetment wall must taper down to a maximum height of 1.2 metres at the revetment wall, and must have a height not exceeding 1.5 metres at a distance of 2.25 metres from the revetment wall.
The works within the Noosa Waters Setback area on the site must be constructed and maintained for the life of the development in compliance with the approved plans, the approved certified Form-16 and the relevant findings and recommendations of  the geotechnical report “Noosa Waters Investigation of Revetment Stability” dated April 2014 prepared by GHD for Noosa Council, and the following must be complied with at all times:
No works or activities that have the potential of reducing the stability of the soil and/or the existing revetment wall.
No works, installations or activities that have the potential of reducing the flood storage capacity within the setback area and/or adversely impact on the environmental values of the adjacent waterways.
reasons for inclusion of conditions
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Nature and Extent of Approval
This approval only relates to works within the 4.5 metre setback of the centreline of the top of the concrete revetment wall.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
rEPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE
The applicant may make representations to Council about this referral agency response at any time before the application is decided pursuant to section 30 of the Development Assessment Rules.

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REFERRAL AGENCY (RAP) REPORT

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