Delegated Report - Code - Planning RAL21 0008

Author
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0008
Applicant	Courtney Family Investments P/L TTE
Proposal	Reconfiguring a Lot - Residential
Properly Made Date	2 March 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	10 May 2021
Report Completed Date	10 May 2021
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	9 Butler St Tewantin Qld 4565
RP Description	Lot 1 RP 174646
Land Area	1555m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	N/A
Local Plan Area	Tewantin
Overlays	Land Subject to Acid Sulfate Soils Biodiversity, Waterways and Wetlands Bushfire Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for Reconfiguring 1 lot into 2 lots. The proposal is to subdivide the current lot 1 RP174646 of 1955m² into lot 1 of 600m², and a battle axe lot 2 proposed at 953m² in total with an area of 793m² excluding the access handle.  The access handle is proposed 4.2m wide along the southern boundary and a 3m wide sewer easement along the proposed eastern boundary of lot 2. A turnaround is proposed on lot 2 to ensure vehicles can enter and leave the site in a forward gear.
The locality and proposal plan are included below.

Figure 1 - Locality Plan

Figure 2 - Proposed plan of subdivision

Figure 3 - Driveway location and turnaround on lot 2

site details
Background
Pre-lodgement meeting - 25 November 2020 identified the concerns regarding the proposal that has been addressed during the application or conditioned. The main concerns was regarding the following:
Access handle not meeting the minimum width of the planning scheme;
Lot width will be less than 17m;
Setbacks of the existing house to the new property boundaries;
Medium Potential and Potential Impact Bushfire Hazard;
Safe access to the property from the road and vis versa;
Concerns regarding reversing down the access handle, a turning area should be proposed;
Site Description
The site is generally level with some mature urban trees plantings. An existing crossover is utilised for the new access to lot 2. An existing dwelling exists on proposed lot 1 and a garage to be demolished on the proposed lot 2.
Surrounding Land Uses
To the north is a dwelling house and open space of a place of worship. To the west is Council’s cemetery and environmental protection zone (vegetation) and further west to the former TAFE site. To the south is a dwelling house and to the east and across Butler Street are dwelling houses typical of the Tewantin character.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 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;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Tewantin Local Plan Code;
Works Codes;
Reconfiguring a lot Code
Bushfire Overlay Code
The subject site is located in Tewantin and is zoned Low Density Residential.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Reconfiguring a lot Code
Frontage and average lot width
The Code seeks that lots have a minimum frontage of 4.5m and an average width of 17m. Lot 1 proposes a width of 15.78m not complying with the required 17m average width. An existing dwelling house is established on this lot and has sufficient space for garaging, class 10a structures, recreation areas and is a consistent width with other lots along Butler Street. In this instance the proposed width raises no concerns as it will maintain the character of Butler Street, a dwelling already exists and can function appropriately.
Lot 2 proposes an access handle frontage width of 4.2m and does not comply with the minimum frontage width of 4.5m. The frontage is 0.3m less than the required width and is considered a minor variation given that there is sufficient space within the frontage for waste collection and an existing crossover already exists.
Rear lots
The Code seeks the access handle is a minimum of 4.5m wide in accordance with PSP6. The proposed centrally located 3m wide concrete driveway is not shared with any other lot and 4.2m allows for sufficient opportunity to provide 0.6m wide garden on each side of the driveway rather than a Code requirement width of 0.75m wide garden on either side of the driveway. The difference of 0.15m to each side is inconsequential as a 0.6m wide garden is sufficient to provide screening to both sides of the driveway.
Due to the length of the access handle and the traffic movements on Butler Street a turning area is required within rear lot to permit vehicles to exit in a forward gear to ensure safety is maintained. The submitted preliminary engineering design includes the turning area and a condition is included accordingly.
Stormwater
The site does not have inter-allotment connection to a downstream Council stormwater drainage system. The submitted preliminary engineering design includes an on-site system within each lot which meet the provisions of the Code. A condition is included for the installation of these systems prior to the sealing of the survey plan
Low Density residential Zone Code
Setbacks
The existing dwelling on proposed lot 1 does not comply with the Noosa Plan 2020 setbacks. This raises no concerns as the encroachment is alongside the proposed access handle and therefore will not impact on any neighbouring properties. Furthermore, the new planting along the access handle will provide a visual buffer between land uses and vehicles using the driveway.
Bushfire
The applicant has provided a Bushfire Management Plan (BMP) for the site. The BMP indicates compliance with the Bushfire Overlay Code and, given the vegetation to the rear of lot 2, requires that a 13m setback to the rear boundary of lot 2 for any dwelling house but allows class 10a structures within the 13m setback. If a class 10a structure/s are constructed within the 13m setback and within 6m of the dwelling, then the class 10a structure must be constructed in accordance with AS3959-2018 Table 2. To provide clarity a condition is included that a metes and bounds building envelope plan is provided in accordance with the BMP. It is important to note that by removing 13m of the building area, there is still sufficient space for a dwelling construction leaving around 481m² for that purpose.
cONSULTATION
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does 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
With regard to Application No RAL21/0008 for a Reconfiguring 1 lot into 2 lots situated at 9 Butler St Tewantin Qld 4565 and described as Lot 1 RP 174646, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0008
Street address:	9 Butler St Tewantin Qld 4565
Real property description:	Lot 1 RP 174646
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – 1 lot into 2 lots
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice 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 unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
201312_001_PRO	B	Plan of Proposed Lots 1 & 2. Cancelling Lot 1 on RP174646, prepared by Bennett+Bennett	2/1120
001.01.21		Bushfire Management Plan Lot 1 on RP174646, 9 Butler Street Tewantin, prepared by Bushfire Risk Reducers	7.01.2021
All lot numbering on the subdivision plan to be 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.
Currency Period
This development approval lapses if the use has not happened by 5 May 2025, unless an application to extend the currency period is approved by Council.
Plan of Development/Building Envelope
The applicant must prepare a metes and bounds building envelope plan for proposed lot 2. The building envelope must be in accordance with the Noosa Plan 2020 setbacks and the approved Bushfire Management Plan. The plan must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must submit the metes and bounds plan to Council for approval prior to the issue of any operational works approval.
All future dwellings on Lot 2 must be sited and constructed in accordance with the approved building envelope. An amended plan of subdivision must be submitted to council prior to the issue of any operational works approval which shows the building envelope and the required setbacks in accordance with the approved Bushfire Management Plan. A copy of the approved Plan of Development and metes and bounds plan must be included in the contract of sale for Lot 2, together with a clause which requires future dwellings to be constructed in accordance with them.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setbacks to any new boundaries for any existing buildings remaining on lot 1 must comply with the relevant provisions of the planning scheme and the Building Act, unless varied by this Decision Notice. In this regard the existing structures near the new access handle boundary (new southern boundary of lot 1) are approved but must comply with the relevant building provisions. A building approval for these structures or certification from a Building Certifier certifying that the structures comply with the relevant building provisions must be provided prior to the sealing of the subdivision plans.
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
Landscaping
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Screening vegetation must be planted for the full length of both sides of the access handle driveway of lot 2 in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping. The gardens on each side of the access handle must be a minimum of 0.6m wide.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 5 metres and a maximum spacing of 2 metre centres.
A landscape plan for the driveway planting (access handle) must be provided in accordance with an operational works approval.
Bushfire
All new buildings and structures must comply with the recommendations of the approved Bushfire Management Plan. A copy of the approved Bushfire Management Plan must be included in the contract of sale for Lot 2, together with a clause which requires future buildings and structures to be constructed in accordance with it.
Property Access and Driveways
A residential driveway must be constructed to Lot 2. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 201102-SK01, Revision A prepared by Ferg & Roeds dated 24 February 2021. The works must extend from the formation in Butler Street for the full length of the access handle and include the manoeuvring area within Lot 2. The works must be completed prior to the sealing of the survey plan.
All vehicles must exit along the access handle of Lot 2 in a forward gear. The design of the any dwelling on Lot 2 must provide sufficient area for on-site manoeuvring of vehicles and provide a visitor space clear of the access driveway to the lot.
A property note will be added to Council’s rates records for Lot 2.
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. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 201102-SK01, Revision A prepared by Ferg & Roeds dated 24 February 2021. The works must be completed prior to the sealing of the survey plan.
Roof runoff from the existing structures on Lot 1 must be connected to the proposed on-site system prior to the sealing of the survey plan.
Runoff from any new buildings and/or structures and/or hardstand constructed on Lot 2 must be connected to the on-site system.
A property note will be added to Council’s rates records for Lot 2.
The on-site stormwater systems must be maintained by the property owners of Lots 1 and 2
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with 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 (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
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.
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.

referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
RAL21/0008 – Building envelope
The following notation or similar applies to lot 2
Private Certifiers, owners and prospective purchasers are notified that a building envelope applies to this parcel of land. Contact Council's Planning Department for Details. (refer to Council Approval RAL21/0008).
RAL21/0008 - Property Access Driveway
The following notation or similar applies to approved lot 2:
Private Certifiers, owners and prospective purchasers are notified that special access and carparking requirements apply to this parcel of land. Contact Council's Planning Department for Details. (refer to Council Approval RAL21/0008).
RAL21/0008 - Stormwater
The following notation applies to approved lots 1 and 2
Private Certifiers, owners and prospective purchasers are notified that special stormwater requirements apply to this parcel of land. Contact Council's Planning Department for Details. (refer to Council Approval RAL21/0008).
RAL21/0008 - Bushfire
The following notation or similar applies to approved lot 2:
Private Certifiers, owners and prospective purchasers are notified that a Bushfire Management Plan (BMP) applies to this parcel of land. Contact Council's Planning Department for Details. (refer to Council Approval RAL21/0008).
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Driveway and turnaround, Stormwater, Landscaping.
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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