Delegated Report - Code - Planning RAL21 0014

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0014 & DBW21/0127
Applicant	Kent Leslie Mayne Kate Elizabeth Mayne
Proposal	Reconfiguring a Lot - Boundary Realignment
Properly Made Date	24 June 2021
Information Request Date	2 August 2021
Information Response Date	29 November 2021 22 February 2022 (response to further advice)
Decision Due Date	16 March 2022
Report Completed Date	9 March 2022
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	13 Rectory St Pomona
RP Description	Lot 11 RP 43995, Lot 12 RP 43995
Land Area	840 m² 830 m²
Existing Use of Land	Dwelling and a shed

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Hinterland Villages
Overlays	Heritage overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for Reconfiguring a Lot - Boundary Realignment to realign the existing boundaries between Lots 11 & 12 that are currently orientated north south, to orientate east west.  The application also seeks approval for building works in the Heritage overlay character area when the applicant intends to renovate and relocate the dwelling wholly within proposed Lot 12.  The existing dwelling has been designed to comply with the Heritage character overlay requirements in Noosa Plan.
The locality and proposal plans are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – realignment of boundaries from north south to east west

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Background
Council’s system does not indicate a date for the building approval for the existing dwelling.  A shed was approved in 2014.
The applicant was keen to liaise with Council officers regarding the Heritage provisions in Noosa Plan given the site is in a Character overlay area.  Numerous discussions about changes to the existing dwelling were discussed and the final result as discussed in this report will make a positive contribution to the Rectory and Red Streets streetscape.
Site Description
The site is a corner allotment that slopes up from Red Street and due to the grade of the land is accessed from Rectory Street. The site has an existing dwelling that straddles the common boundary between lots 11 & 12.  The site has a number of exotic mature trees.
Surrounding Land Uses
The site is in a residential neighbourhood in a tree lined street, and has dwellings situated to the north, south, east and west.  The railway line is located approximately 150m to the east of the site.  Pomona township is located in close walking distance to the site.
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;
Hinterland Local Plan Code;
Low Density Housing Code;
Works Codes;
Heritage Overlay Code
The subject site is located in Pomona and is zoned Low Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Minimum Lot size	1000m2 when connected to sewer reticulation Existing lot sizes are 840 m² and 830 m²	804m2 866m2	X
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Site cover	50/30% or 40/40%	20/22 %	
Boundary setbacks Frontage Side (south) Side (north) Rear	6 metres min 1.5/2.0/2.5 metres min 1.5/2.0/2.5 metres min 6 metres min	Stairs 5.7m, otherwise 6 metres 3.65m metres 4.2 metres > 6 metres	X
Length of wall	15 metres max	< 15 metres	
Roof Form Pitch Eaves	Min 5 degrees Min 600mm to 75%	> 5 degrees 600mm to >75%	
Landscaped open space	20%	> 20%	
Carparking	2 covered min	2 covered	
Lot size
Acceptable outcome AO26 of the Reconfiguring a Lot code seeks that rearrangement of boundaries results in an improvement of the existing situation, complies with the minimum lot size and dimensions, and that at least one of the following are achieved:
the rearrangement of lots remedies an existing boundary encroachment by a building or structure;
the rearranged lots will be made more regular in shape;
access is provided to a lot that previously had no access or an unsuitable access;
the rearranged lots better meet the overall outcomes for the zone and the local plan area in which the site is situated;
the rearrangement of lots provides for a significant improvement in rural productivity; or
the rearrangement of lots results in a significant improvement in the protection of environmental values.
The proposal provides for more suitable access and lot orientation to Rectory Street.  Due to the grade of Red Street sitting well below the site, access would not be suitable from this road. It would also necessitate removal of character street trees.  The alternative would be to create an access easement through existing Lot 12 to access Lot 11, but this impacts on lot size and street vegetation on Rectory St.
The Code requires a minimum lot size of 1000m2 in the Hinterland Villages local plan area where connected to sewer reticulation.  The existing lots do not meet the minimum lot size, while the proposal does not either, resulting in 804m2 for Lot 11 and & 866m2 for Lot 12.  The existing lot is connected to sewer and the new lots are proposed to be connected also.
Although the proposal does not meet the minimum lot size, it is considered that the proposal meets the intent of Acceptable outcome AO26 and importantly corresponding Performance outcome PO26 which seeks that Development provides that the rearrangement of lot boundaries is an improvement on the existing situation.
Access
The applicant has indicated that the vehicle access to each lot can be constructed in accordance with Council’s standard drawings from Rectory Street without impacting on existing vegetation in the road reserve. It is considered that the construction of the access driveways can be deferred and carried out as part of the subsequent building approvals on the lots. Relevant conditions have been included.

Frontage works
There is no existing footpath network in the vicinity of the subject site. It is considered unreasonable to require the applicant to construct a footpath along the frontage as part of the subject application.
Red Street
It is noted that there is no kerb and channel on the northern side of Red Street between the east side of Rectory Street and the western side of Church Street. It is also noted that there is significant vegetation on the northern side of Red Street adjacent to the site’s frontage. The construction of any kerb and channel would have a significant impact on this vegetation, possibly to the extent that it would need to be removed. It is considered unreasonable to require the applicant to construct kerb and channel in Red Street as part of the subject application.
Rectory Street
It is noted that there is no kerb and channel on the western side of Rectory Street. It is considered unreasonable in this case to require the applicant to construct kerb and channel in Rectory Street as part of the subject application.
Stormwater
The subject site naturally slopes from the north-western corner down to the south-eastern corner and the intersection of Rectory Street and Red Street. Stormwater runoff from the site can be discharged to the existing table drains/swales within the road reserves. Relevant conditions have been included.
Heritage
The site is located in the Heritage overlay area – Character area.  The existing dwelling has character that is to be maintained and enhanced as sought by the heritage provisions in the Heritage overlay code.  Acceptable outcome AO8.1 seeks that character buildings are retained within character areas, while corresponding Performance outcome PO8 seeks that the valued streetscape character within character areas are protected through the retention of buildings that contribute positively to that character.
Further Performance outcome PO9 of the overlay code seeks:
PO9
Development in character areas is compatible with the setting and valued streetscape character by—
respecting the form, bulk, scale and height of heritage sites or character buildings within the streetscape;
complementing original roof forms and pitch within the streetscape;
locating building works to the rear of the existing building or to where they are not visible or overly obtrusive from the street or public places;
conforming with the original fencing, veranda and façade design and detailing within the streetscape;
using materials and elements that reflect the valued character; and
retaining existing mature vegetation around the site.
The dwelling is being retained and extended and moved within the site to be contained wholly within the new lot.  The changes to the dwelling enhance the existing character, improves the streetscape and preserves existing character vegetation within the road reserve. Overall, the proposed changes to the dwelling complies fully with the Heritage overlay code.
The proposal for the renovated dwelling (which changed throughout the assessment process due to Council officer’s feedback) was referred to Council’s Heritage Coordinator for comments.  The Coordinator has reviewed the recent plans and is satisfied it meets the criteria in Noosa Plan and is impressed with the way the applicant has responded to the Heritage provisions in the Planning Scheme.  It is recommended there be a condition included to ensure appropriate colours are used that suit the character of Pomona.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Heritage Coordinator, Community Services
Engineering Coordinator, Development Assessment
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 RAL21/0014 DBW21/0127 for a Reconfiguring a Lot - Boundary Realignment and Building Works (Heritage) situated at 13 Rectory St Pomona and described as Lot 11 RP 43995, Lot 12 RP 43995, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0014 & DBW21/0127
Street address:	13 Rectory St Pomona Qld 4568
Real property description:	Lot 11 RP 43995, Lot 12 RP 43995
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 - Boundary Realignment
Development Permit for Building Works (Heritage)
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 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
04-1730AC	-	Plan of Proposed Reconfiguration of Lots 11 & 12 on RP43995, prepared by Max Watterson & Associates	17/06/2021
A.01	06	Site Plan, prepared by Antoniajayne Design	18/02/2022
A.03	08	First Floor/Existing / Demolition Plan, prepared by Antoniajayne Design	18/02/2022
A.04	06	Exist/Demo Elevations, prepared by Antoniajayne Design	18/02/2022
A.05	06	Proposed Ground Floor Plan, prepared by Antoniajayne Design	18/02/2022
A.06	06	Proposed Floor Plan Upper, prepared by Antoniajayne Design	18/02/2022
A.07	06	Elevations 1, prepared by Antoniajayne Design	18/02/2022
A.08	06	Elevations 2, prepared by Antoniajayne Design	18/02/2022
A.10	06	Roof Plan, prepared by Antoniajayne Design	18/02/2022
A.11	06	Street Elevations, prepared by Antoniajayne Design	18/02/2022
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Currency Period – Reconfiguring a Lot
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 9 March 2026, unless an application to extend the currency period is approved by Council.

Currency Period – Building Works
The Currency Period for this development approval lapses if all conditions have not been complied with by 9 March 2026, unless an application to extend the currency period is approved by Council.
Landscaping
Existing trees on the site must be retained.
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.
Heritage
The dwelling must be constructed as per the design and materials as shown on the approved plans and reflect the character of Pomona.
The dwelling must have a colour palette of neutral or muted shades (a main colour plus 1-2 trim/highlight colours are sufficient) and avoid bright or garish colours that are not in keeping with the character of Pomona.
Property Access and Driveways
A residential driveway must be constructed to Lots 11 & 12 in their Rectory Street frontage. The driveways must be constructed as part of the any subsequent building approval on the lots. The driveway must be:
constructed in accordance with Council’s standard drawing RS-056 and any associated addendum:
be located to preserve existing vegetation in the road reserve.
The following property notation or similar will be added to Council’s rates records to advise Private Certifiers, owners and prospective purchasers of the requirements regarding the driveways:
“Private Certifiers, owners and prospective purchasers are notified that special access requirements apply to this parcel of land. Contact Council's Planning Department for Details.”
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice;
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement;
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.
Stormwater Drainage
Stormwater runoff from the development must be controlled on-site and discharged to Council’s drainage system in Rectory Street. The discharge must not cause scour or damage to the subject site or the road reserve or impact on vegetation in the road reserve.
The following property notation or similar will be added to Council’s rates records to advise Private Certifiers, owners and prospective purchasers of the requirements regarding stormwater disposal:
“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”

Services
Sewer reticulation must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
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:
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
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Low Density Housing Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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

property notes
RAL21/0014 - Property Access Driveway
The following notation applies to approved lots 11 & 12:
Private Certifiers, owners and prospective purchasers are notified that special access requirements apply to this parcel of land. Contact Council's Planning Department for details.
RAL21/0014 - Stormwater
The following notation applies to approved lots 11 & 12:
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.

VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work (including concurrence agency referral for rebuilding/resiting)
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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