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2014-12-09 Planning & Organisation Committee Agenda
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AGENDA
Planning & Organisation
Committee Meeting
Tuesday, 9 December 2014
commencing at 1.30pm
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Noel Playford, Joe Jurisevic, Tony Wellington
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Full text of sections 2 to 85 (of 134)
Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS 3
DA Planning & Environment 3
1 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF 3 LOTS INTO 17
LOTS SITUATED AT 55 LAKE MACDONALD DRIVE, COOROY - REC13/0146 3
2 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF 2 LOTS INTO 6
LOTS SITUATED AT 1-11 WILGEE COURT COOROY - REC14/0008 22
3 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF 2 LOTS INTO 6
LOTS PLUS 1 PARK LOT SITUATED AT 1 - 11 WILGEE COURT, COOROY -
REC14/0009 39
4 COMBINED DEVELOPMENT APPLICATION REC13/0148 & MCU13/0226 FOR
RECONFIGURING A LOT (2 INTO 25 LOTS & PARK) AND A S242 PRELIMINARY
APPROVAL FOR DETACHED HOUSING IN THE COMMUNITY SERVICES ZONE
AT PEARSONS RD AND 55 LAKE MACDONALD DRIVE, COOROY 57
5 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR AN
UNDEFINED USE - TEMPORARY SHORT-TERM SELF-CONTAINED RV STOP
AT 154 HOLTS ROAD, COOROY - MCU14/0060 78
6 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR AN
INDUSTRIAL BUSINESS - TYPE 2 PRODUCTION, ALTERATION, REPACKAGING
& REPAIRING (SOFT DRINK FACTORY) AT 271 LAKE MACDONALD DRIVE,
LAKE MACDONALD - MCU14/0073 92
7 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR OPEN
SPACE TYPE 1 - SPORT & RECREATION (EXPANSION OF NOOSA PAR 3
GOLF COURSE) AT 2 & 16 GOLDBERG COURT, NOOSAVILLE - MCU14/0068 114
CORPORATE SERVICES DEPARTMENT REPORTS 124
Procurement and Fleet 124
8 INDICATIVE COST REDUCTION FOR STREETLIGHT NETWORK CHARGES 124
Property and Facilities 126
9 FEES AND CHARGES UPDATE - NOOSA HOLIDAY PARKS 126
EXECUTIVE OFFICE REPORTS 130
Community Engagement 130
10 COMMUNITY JURY PROJECT 130
Executive Support 133
11 CHANGE OF VENUE FOR COUNCIL MEETINGS - 2015 133
CLOSED SESSION -
Page 2 of 134
Section 3
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS
(Planning & Development Sections only)
DA Planning & Environment
1 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF 3 LOTS INTO 17 LOTS
SITUATED AT 55 LAKE MACDONALD DRIVE, COOROY - REC13/0146
OCUMENT IN FOR MATI ON
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM/ Application/ REC13/0146
Attachments 1. Proposal Plans
APPLICATION DETAILS
Valkev Pty Ltd
Applicant
Development Permit for Reconfiguration of a Lot (3 lots into 17)
Proposal
21 November 2013
Properly Made Date
18 December 2013
Information Request Date
6 June 2014
Information Response Date
18 December 2014
Decision Due Date
Not Applicable
Number of Submissions
PROPERTY DETAILS
Property Address 55 Lake Macdonald Drive, Cooroy
RP Description Lot’s 136 & Lot 137 MCH 978 & Lot 2 RP 173883
Land Area 6.04ha (2.41ha, 2.02ha and 1.61ha)
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Cooroy and Lake Macdonald
Locality
Detached Housing Zone
Zone
Biodiversity Overlay – Riparian Buffer
Overlays
Cooroy and Lake Macdonald
Assessment Type
Page 3 of 134
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 9 December 2014 regarding Application No. REC13/0146 for a
Development Permit for Reconfiguration of a lot (3 lots into 17 lots) situated at 55 Lake
Macdonald Drive, Cooroy and:
A. Grant a Preliminary Approval in accordance with the following conditions:
PLANNING
Preliminary Approval
1. Prior to the issue of a Development Permit a revised flood strategy must be provided.
The flood strategy must demonstrate a non-worsening at the site’s boundaries for
rain events up to and including the 1%AEP based on the following:
a. conventional bioretention/detention for the developed portion of the site. The
flood strategy must not rely upon increasing floodplain roughness to achieve
flood storage requirements
b. modified flood plain storage to offset any impacts created by vegetation
rehabilitation and restoration of the western tributary
c. works in the tributary must not include extensive re-profiling and/or armouring of
the existing watercourse.
When Conditions Must Be Complied With
2. Unless otherwise stated, all works required by the conditions of this Decision Notice
must be completed prior to Council endorsement of the Plan of Survey.
Approved Plans
3. 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, prepared by Date
10-3032AP5B Plan of Lot Reconfiguration of Lot 5 on 02-07-14
SP266731 & Parts of Lot 137 on MCH978 &
Lot 2 on RP173883 (Stage 3)
1225-89 A Revegetation & Rehabilitation Management 1 October 2014
Plan – Eastern Tributary Stage 5 & 6 and as
annotated by Council
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
5. 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.
Road & Park Names
6. The proposed names of roads and parks must be lodged with the application for a
Development Permit for Operational Works. Names are to be:
a. Relevant to Australian, preferably local, history ,flora, fauna, culture, landscape
or physical characteristics;
Page 4 of 134
Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
b. If used, personal names should commemorate persons who have contributed
significantly to the development of the region; demonstrated outstanding levels
of civic service; or achieved role-model status in the wider community or
donated property or funds for community benefit; and be recognised in
memoriam;
c. Park names should be unique within the locality;
d. Approval will not be given to a name that may construed as advertising, is more
than one word, understanding that a geographic relationship such as Cooroy
Mountain is permissible; is insensitive to diverse cultures and does not accord
with community standards; and is not concise, easy to pronounce and spell and
be without accent marks, apostrophes or hyphens.
7. All street signs on new roads (public and private) and parks must be erected prior to
works being accepted on maintenance.
Boundary Encroachments
8. Certification must be submitted to Council from a Licensed Surveyor which certifies
that:
a. all constructed access and roadworks (including associated fill batters and
retaining walls) are fully contained within a dedicated reserve or registered
easement
b. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included
within an easement
c. all retaining walls and structures are fully contained within the lot they retain
d. any fill, including fill batters, are wholly contained within the subject site and not
on adjacent properties
Water & Sewer Connections
9. An underground connection to reticulated water and sewerage must be provided to
each lot in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
10. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to each lot.
Performance Bond
11. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for Operational 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.
Landscaping & Ecology
12. Landscaping and rehabilitation works must be undertaken in accordance with an
Operational Works approval and Planning Scheme Policy - PSP 3 Landscaping
Plants and Guidelines. An ecological rehabilitation and landscaping plan must be
submitted, prepared by a suitably qualified person* and must include in particular:
Page 5 of 134
Section 6
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
a. Western Tributary - the area to be rehabilitated must be generally 10m from the
top of bank of the western tributary and the whole of The Noosa Plan’s mapped
Riparian Buffer area to the western side of the western tributary.
b. Eastern Tributary - the area to be rehabilitated must be generally in accordance
with the approved Revegetation & Rehabilitation Management Plan – Eastern
Tributary Stage 5 & 6
c. details of the treatment to all batters, armoury, plantings, weed treatment,
location of services/utilities and rehabilitation.
d. a maintenance period of no less than 3 years
e. a species palette and densities table incorporating the species selection of only
native indigenous species
f. measurable and achievable criteria on which the performance of the floristic
and structural component of the re-vegetation strategy can be assessed
annually over three years, including no weeds at the end of the re-vegetation
period
g. provision of 1 street tree with a minimum pot size of 100 litres planted within the
road reserve for every 8 metres of road frontage including around the cul de
sac’s
h. control of all weeds species listed in the following standards and legislation:
i. declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003
ii. Council Listed Environmental Weeds, Exotic Grasses and other plants
identified in writing by Council (*refer to Advisory Note)
13. All rehabilitation and re-vegetation of the eastern tributary (waterway) must be
completed prior to Council endorsement of the Plan of Survey.
Dedication of Land as Reserve
14. The area identified as lot 100 Park must be dedicated to the Crown as a reserve for
Park purposes. The land to be dedicated is “non-trunk infrastructure” for the purposes
of the Sustainable Planning Act 2009.
Active Park
15. Active park embellishments must be provided generally in accordance with drawing
number 14/005-S01, titled Erindale Park, Cooroy Proposed Park Land Development
Concept Plan, prepared by Play Environment Consulting dated 13.05.14 and 14/005-
S01 and 14/005-S02, titled Erindale Park, Cooroy Proposed Park Land Development
Concept Plan, prepared by Play Environment Consulting dated 17.11.14. All works to
be dedicated are “non-trunk infrastructure” for the purposes of the Sustainable
Planning Act 2009.
Works within Protected Land
16. The following works must be undertaken within the land to be dedicated to the Crown
as Park reserve:
a. footbridge and pathway
b. All rehabilitation and re-vegetation of the eastern and western tributaries
(watercourses)
c. Active Park embellishments in accordance with this Decision Notice.
All works must be undertaken in accordance with an Operational Works approval.
Page 6 of 134
Section 7
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
ENGINEERING
External Works
17. A new intersection must be constructed joining Blue Wren Place with the new road.
The works must be undertaken in accordance with an Operational Works approval,
and must include in particular:
a. vehicle priority maintained to Blue Wren Place
b. provision of sight distances adequate for the design speed of the road
c. installation of street lighting
All works to be dedicated are “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
New Roads
18. The new roads shown on the Approved Plans must be constructed in accordance
with the conditions of this Decision Notice and dedicated as road reserve at no cost
to Council. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. a reserve width of 15 metres minimum widened where applicable to encompass
the cul-de-sacs and the necessary verge areas
b. sealing, kerbing and channelling
c. an “Access Road” in accordance with Council’s Planning Scheme Policy 5 –
Engineering Design Standards - Road, Drainage and Earthworks
d. construction of pedestrian footpaths in accordance with the conditions of this
Decision Notice
e. installation of street lighting
f. modifications to existing services
g. cul-de-sacs in accordance with Council’s Planning Scheme Policy 5 –
Engineering Design Standards - Road, Drainage and Earthworks
h. bollards or similar approved barriers on the western side of the new road that
prevent vehicles from entering into the proposed bio-swale and park
i. flood immunity in accordance with QUDM
All works to be dedicated are “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
Pedestrian and Bicycle Facilities
19. Pedestrian and bicycle facilities must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. a 2 metre wide footpath within the road verge on the eastern side of the new
road extending to join with the existing pathway in Blue Wren Place
b. pram ramps on both sides of Blue Wren Place at the intersection with the new
road
c. a 2 metre wide footpath within proposed Lot 100 extending to the pathway and
footbridge as shown on plan number 1225-62A dated 9/14 prepared by
Callaghan and Toth
d. a 2 metre wide footpath within the new road (between lots 25 & 26) and
proposed Lot 100 connecting the cul-de-sac of the new road to the existing
pathway network in Lake Macdonald Drive.
All pedestrian and bicycle facilities to be dedicated are “non-trunk infrastructure” for
the purposes of the Sustainable Planning Act 2009.
Page 7 of 134
Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Stormwater Drainage.
20. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval, and must include in particular:
a. the drainage structures generally as shown on the Approved Plans
b. the provision of Level 2 inter-allotment drainage for proposed Lots 26-28
including registration of drainage easements
c. provision of kerb adapters for all new lots that discharge into the new road
d. extension of the site stormwater system to accommodate stormwater from
applicable areas external to the site, including registration of drainage
easements
e. a maintenance path to any proposed bioretention basin that is suitable for
Council’s maintenance vehicles
21. A stormwater quality treatment system must be provided for the development. The
works must be undertaken in accordance with an Operational Works approval and
the Bioretention Technical Design Guidelines (Water by Design) and must include in
particular:
a. stormwater quality treatment devices generally in accordance with the
Approved Plans
b. bioretention devices which:
i. are designed generally in accordance with IPWEQA Standard Drawing
No. WSUD-001
ii. are designed to ensure that flows which exceed the treatment capacity of
the device avoid damaging of the filter media or subjecting the filter media
to excessive sediment loads
iii. are provided with a free-draining outlet from the sub-soil drainage system
22. Where bio-retention devices (or similar) are required within a residential allotment the
devices:
a. must be installed prior to the sealing of the Survey Plan
b. must be protected by a covenant.
c. a maintenance handbook, able to be provided to future owners, must be
prepared for the system to outline how the system works and the level of
maintenance that will be regularly required. The maintenance handbook must
be submitted to Council for approval and for records purposes prior to the
sealing of the Survey Plan.
23. Detailed life cycle costing must be prepared for the stormwater quality treatment
system by a Registered Professional Engineer Queensland and submitted to Council
prior to the issue of any Development Permit for Operational Works.Electricity and
Telecommunication Services
24. Underground reticulated electricity and telecommunication services must be provided
to each lot in accordance with an approval for Operational Works and the standards
and requirements of the relevant service provider.
25. 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.
Page 8 of 134
Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
26. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Easements
27. Easements for inter-allotment drainage within Lots 26-28 which encompass the
constructed drainage structures.
28. 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.
29. 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.
30. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
31. All fill and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council.
UNITYWATER
The following Unitywater conditions are applied in accordance with the South East
Queensland (Distribution and Retail) Restructuring Act 2009 and Unitywater’s Interim
Connections Policy. The conditions below form part of a water connection aspect
which are taken to be a water approval for a staged connection. Any future
applications must be made to Unitywater under South East Queensland (Distribution
and Retail) Restructuring Act 2009. Unitywater can be contacted as follows:
Phone: 1300 0 Unity (1300 086 489)
Email: [email protected]
Web: www.unitywater.com
32. Reticulated water must be provided to each lot in the development. This must
include:
a. Ensuring that internal water pipes are wholly contained within the lot they will
serve.
b. An approved water meter for each lot in accordance with Unitywater and SEQ
Standard Drawings.
c. Provision of a water service from the existing 100mm diameter water main to
service located in Blue Wren Place to service each lot within the proposed
subdivision in accordance with Unitywater and SEQ Standard Drawings.
d. Water meters must be located on alternative boundaries to electrical pillars
e. The fire-fighting demand on Unitywater’s water supply system from the
development must not exceed 15 litres per second
33. Reticulated sewerage must be provided to each lot in the development. This must
include:
a. Ensuring sewer house drains are wholly contained within the Lot they will serve.
b. Provision of sewerage infrastructure to within the property boundaries of each
Lot within the proposed subdivision.
Page 9 of 134
Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
34. A minimum clearance of 1.5 metres must be maintained between Unitywater sewers
and proposed building envelopes, buildings and other structures
35. Easements of between 3 and 10 metres must be provided over all Unitywater sewers
located within property boundaries in accordance with the SEQ standards.
Easements shall be centred over the pipe. Easement terms shall be the most current
registered dealing held by the Department of Natural Resources & Mines and shall
not be altered or amended.
36. Stormwater retention systems and gross pollutant traps must maintain a minimum
clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure
37. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
Unitywater water mains and 1.5 metres from Unitywater sewerage mains.
Landscaping plants within these clearances must be low growing when mature and
suitable Unitywater approved varieties.
38. Construction works undertaken in the vicinity of Unitywater water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration of infrastructure must be met by the
applicant.
Advisory Notes
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH
Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable measures
to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to
fail to comply with the duty of care. Substantial monetary penalties may apply to
individuals or corporations breaching this duty of care. Injunctions may also be issued
by the Land and Resources Tribunal, and the Minister administering the ACH Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal
cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 32476212 to discuss any
obligations under the ACH Act 2003.
Infrastructure Charges
2. This Development Permit will trigger an “Adopted Infrastructure Charge Notice” (if
applicable) to be issued in accordance with Council’s “Adopted Infrastructure
Charges Resolution” under the State Planning Regulatory Provision (Adopted
Charges) and the Sustainable Planning Act 2009.
Qualified Persons
3. For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to
be a landscape architect or ecologist with a minimum of 3 years current experience in
the field of landscape design.
Building and Construction Industry (Portable Long Service Leave) Levy
4. 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. QLeave contact: 1800 803 481 (free call) or (07) 3212
6855.
Page 10 of 134
Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Co-ordination of Operational Works Assessment
5. 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
6. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction
ii. maintenance of safe pedestrian access for the areas affected by the
works during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the
development
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled
roads
v. provision for worker car parking
b. maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic, services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. details on the location of external fill sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any
damage to the existing road system as a result of haulage operations shall be
fully repaired at the applicant’s expense
g. 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.
UNITYWATER
7. Connection to the Unitywater live water supply and live sewerage system must be
undertaken by Unitywater at the applicant’s cost.
Page 11 of 134
Section 12
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
B. Include the following property notes:
REC13/0146 – Stormwater Treatment Device
The following notation applies to approved lots 26, 27 and 28:
“A private stormwater treatment device is located within this allotment and the owner is
responsible for any maintenance”
“This property contains a stormwater treatment device protected by a covenant, and a
maintenance handbook is available under separate application which outlines the
maintenance requirements.”
REPORT
1. PROPOSAL
The proposal seeks to subdivide 3 lots into 17 lots, being 16 fully serviced residential lots and a
park lot. The residential lots range in size from 603m² to 990m² and the park lot is 2.884ha. A
playground is proposed within the park lot. The application is before Council because a
Preliminary Approval only is recommended rather than a Development Approval.
Access to the lots will be via 2 new cul de sac roads, as continuations of an unformed stub road
off Blue Wren Place. Figure 1 shows the proposed layout and is included as Attachment 1.
Figure 1 – Layout and stub road location
Page 12 of 134
Section 13
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Stormwater runoff is to be treated through rain gardens within lots 26, 27, and 28 and rain gardens
within the road reserve for lots 21-25 inclusive. A bio retention swale along the western side of the
access road treats surface water in conjunction with run off from lots 17 -20 and Lots 29- 32.
The applicant proposes to rehabilitate a 10m wide corridor for the full length and both sides of the
waterways except for an area near the existing stub road. A footpath is proposed from the end of both
cul de sac’s connecting to the proposed footbridge and the existing pathway to the north. The foot
bridge proposed across the waterway is also part of the stormwater detention strategy for the
development.
The applicant seeks to provide a playground in lieu of the Park portion of the Infrastructure Charges
as provided for under the Sustainable Planning Act 2009. An Infrastructure Agreement is proposed to
secure the playground in lieu of the Park Charge or if the Park Charges is paid, a refund of the Park
Contribution amount paid. The draft Infrastructure Agreement is currently being reviewed.
2. SITE DETAILS
2.1. Background
This application is essentially Stage 3 of a 6 staged development, with each stage being submitted as
individual applications. Stage’s 4 (MCU13/0226 & REC13/0148), 5 (REC14/0008) and 6
(REC14/0009) are before Council.
Stage 1 has been approved creating Lots 1, 2, 3, and 4 fronting Lake Macdonald Drive
(REC13/0015)
Stage 2 has been approved creating Lot’s 5, 6 and 7 fronting Wilgee Court (REC13/0095).
Stage 4 - MCU13/0226 & REC13/0148 is located adjoining Stage 3 and proposes 25 residential
lots.
Stage 5 – REC14/0008 proposes 5 residential lots and is before Council
Stage 6 - REC14/0009 proposes 4 residential lots and is before Council
2.2. Site Description
The site is traversed by two tributaries of Six Mile Creek, described as the eastern and western
tributaries. The location of the tributaries is shown in Figure 2 below. The western tributary runs from
south to north and the eastern tributary runs from the east to the north west corner of the land. The
land is pasture except for a narrow stand of riparian vegetation along the tributaries and a low lying
area to the southwest corner of the lot. The site slopes gently from the northern boundary toward the
tributaries.
Figure 2 - Tributary location
Page 13 of 134
Section 14
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
2.3. Surrounding Land Uses
The land adjoins Lake Macdonald Drive to the east, detached housing lots to the north and
south, parkland and undeveloped Detached Housing zoned land to the west and Community
Services land subject to current development applications REC13/0148 and MCU13/0226. The
northern portion of land is subject to 2 current for subdivision applications, REC14/0008 and
REC14/0009. All applications are currently before Council. Figure 3 below shows the subject site
in relation to Cooroy and the surrounding land uses.
Figure 3 - Locality Plan
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
Page 14 of 134
Section 15
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policy
The proposal meets the Integrated Development Assessment requirements of State Planning
Policy 2014.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy and Lake Macdonald Locality and is zoned Detached
Housing. The proposed subdivision for detached housing is identified as consistent within the
zone and is required to follow a code assessable application process.
Locality Provisions
Cooroy and Lake Macdonald Locality Code
The proposal provides a low density housing estate that offers residential amenity consistent with
the developed character of Cooroy. The lots overlook, adjoin or are near a proposed park, with
pedestrian and bicycle pathways provided from the end of the new road to an existing pathway
which connects to the trunk pathway along Lake Macdonald Drive. The proposal complies with
the provisions of the Locality Code.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Reconfiguring a Lot Code
Landscaping Code
Engineering Works Codes
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Reconfiguring a Lot Code
Lot layout, shape and size
The residential lots are fully serviced and range in size from 603m² to 990m² complying with the
minimum lot size of 600m² required by the Code. All lots are generally rectangular in shape and
have frontage to the new roads except for lot 18 which is a battle axe lot. Lot’s 25 to 32 adjoin the
proposed parkland while the other lots adjoin detached housing to the rear. In regard to lot
layout, shape and size, the proposal complies with the provisions of the Code.
Page 15 of 134
Section 16
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Earthworks
The lots are proposed to be re-profiled to provide level building platforms, which results in
retaining walls up to 1 metre above the natural surface level on some lots. This is preferable as
the developer will undertake the cut and fill works rather than individual owners or builders, which
often results in inconsistent or sub-standard works and surface drainage issues. The fill is not for
flood immunity and will not adversely impact on the watercourses or riparian vegetation.
Open Space
The Code requires the development to provide open space in accordance with the following:
“Active Parkland or open space linkage to Active Parkland is provided in accordance with the
Priority Infrastructure Plan in Part 15;” or
“Park contributions are paid in accordance with the applicable infrastructure charging instrument.”
The applicant is seeking to provide active parkland (a playground) in lieu of the Park
Contributions for the following developments:
REC13/0146 (subject application)
REC13/0148 (1 into 26 lots)
REC14/0008 (2 into 6 lots)
REC14/0009 (2 into 6 lots)
Under the Sustainable Planning Act 2009, local parks and equipment may be considered as
trunk infrastructure and accordingly applicants are entitled to an offset in their infrastructure
charges.
The proposed playground is not trunk infrastructure as it is not currently identified in Council’s
Priority Infrastructure Plan (PIP). The PIP sets out trunk infrastructure planning throughout the
Noosa Shire.
Public recreational land east of the railway line is currently limited to drainage reserves, a natural
amenity reserve and small undeveloped local parks. Figure 4 below shows the location of these
parks and reserves.
Figure 4 - Parks and Reserves in the Cooroy area
Page 16 of 134
Section 17
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Council’s Sport and Recreation and Strategic Planning Officers confirm that an active park would
benefit the development and the surrounding residents as there is no active park east of the
railway line. The Noosa Park Strategy 2006, the background document that informed the Priority
Infrastructure Plan, indicates that Cooroy has an oversupply of local parks. However, all active
parks are located on the western side of the railway line. The Noosa Park Strategy 2006
acknowledges the deficiency of local parks east of the railway and states:
“The existing town community is well serviced by existing local parks to the west of the railway
line although additional parks will be required as the town expands to the east and south east of
the rail corridor.”
Despite the acknowledged park deficiency east of the railway, no active park is identified in the
Priority Infrastructure Plan. The Noosa Parks Strategy 2006 also recommends a local park
should be provided to serve every 500 to 2500 people and be within 500m of their residences.
The closest active park east of the railway is the Botanical Gardens, approximately 2.5km from
the subject site. Apex Park, west of the railway, is approximately 1km from the subject site and
surrounding residences. The railway also acts a physical barrier to Apex Park for residents of
east Cooroy. Consequently, more than 1000 residents east of the railway line do not have an
active park within 500m of their residences.
Council’s Park Project Officer has provided an estimated cost of playground equipment as
proposed by the applicant. The proposed playground is determined to be generally equivalent to
the apportioned Park Contribution for the developments identified above.
The cost of the playground is proposed to directly offset the apportioned Park Contribution of the
Infrastructure Charges or, alternatively a refund of paid Park Contributions or a combination of
both. It has been confirmed by the Director of Corporate Services that amounts of up to $150,000
can be refunded in the December quarter of the following financial year after the completion of
works. Balance amounts of over $150,000 can be refunded in the December quarter in the
second financial year after completion of the works.
The Code requires either a Park Contribution be paid or an active Park provided in accordance
with the PIP. Given there is no active park (or planned) east of the railway, the applicants request
to provide an active park to offset the Park Contributions is supported.
The active Park can be delivered through an Infrastructure Agreement (IA) and Councils Priority
Infrastructure Plan as prescribed by the Sustainable Planning Act 2009. It is proposed the
majority of the Park embellishments will be provided prior to the sealing of the plans and the
remainder provided prior to sealing of the plans of the last subdivision of the 4 applications
identified above. As part of this subdivision the following embellishments will be provided:
Natural play activity mound including the following equipment:
o Slide
o Boulder steps
o Scramble wall
o Tyre steps
o Rope walk/climbing net
Park signage and landscaping to the mound
Raised meeting point
Water connections
Double swing
Park shelters, settings and benches
Prior to the sealing of the last plan of subdivision the following embellishments will be provided:
Flying fox
Basket half court
Page 17 of 134
Section 18
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
An IA is currently in draft form and being reviewed. It is anticipated the Infrastructure Agreement
will be finalised through the Negotiated Decision process and subject to a further report to
Council.
The proposal complies with the Reconfiguring a Lot Code.
Overlay Provisions
The following overlay codes are applicable to this application:
Biodiversity Overlay – Riparian Buffer
Natural Hazards Overlay Code – Flood Hazard
Biodiversity Overlay Code
The Code seeks to avoid development in the riparian buffer to minimise edge effects of
development, maintain wildlife corridors and to help maintain water quality.
Approximately 40% of the site is affected by Riparian Buffer areas. The mapped buffers are not
centrally located over the watercourses and do not follow the meander of either tributary, but
range in width of up to 70m in the western tributary. The applicant proposes to rehabilitate most
of the riparian buffers and 10m from the top of bank for the full length and both sides of the
waterways, including the portion of the waterway not affected by the Riparian Buffer.
Both tributaries are identified as stream order 3 waterways. A 70m wide mapped buffer over the
western tributary is extreme for a stream order 3 waterway and is the result of the mapping
inconsistency. The Planning Scheme identifies a 10m buffer (5m each side of centre) for a
stream order 3 waterway when not affected by the Riparian Buffer Overlay.
Approximately half the playground, the access road and a bio-swale along the road is within the
riparian buffer. The location of the access road is governed by the existing stub road which was
provided as part of a previous subdivision assessed under the superseded planning scheme
which required a lesser buffer than that of The Noosa Plan.
To minimise infrastructure within the buffer, the road alignment moves eastward from the end of
the stub road upon entering the site, however, the majority of the road and bio-swale are still
within the riparian buffer. Very little vegetation is being removed for the road construction, and
the proposed 10m of vegetation rehabilitation between the road and the waterway is an adequate
buffer for a stream order 3 waterway. There is no other reasonable access to the site and, as a
whole including the western side of the western tributary; approximately 40m of riparian buffer
area is proposed to be rehabilitated adjacent the road. This will minimise edge effects, maintain
water quality and rehabilitate a current degraded area of the western tributary.
Natural Hazards Overlay – Flood Hazard Area
Approximately 50% of the land is flood affected being below the level of a Q100 event. The
applicant provided a Flood Assessment which considered the land areas subject to 4 current
development applications (being the subject application, REC13/0148, REC14/0008 and
REC14/0009). The proposed flood strategy is not a fully conventional detention system, using a
variety of storage methods to achieve a non-worsening at the site boundaries. The proposed
methods include deliberately “roughing” the flood ways by utilising riparian vegetation, excavating
side storage adjacent to the western tributary, channel re-profiling, and a restrictive footbridge
across the eastern tributary and 2 conventional bio basins. The applicants Flood Assessment
indicates that there is no risk to surrounding residences as there is a non-worsening at any flood
affected boundary in a Q100 event.
Page 18 of 134
Section 19
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Council engaged an external hydrologist to conduct a peer review of the Flood Assessment. The
review confirmed the non-worsening to be accurate but raised concerns with the unconventional
flood strategy because approximately 50% of the flood storage is achieved by “roughness”
provided by flood plain vegetation of the western tributary. Notwithstanding Conventional flood
storage in the form of a bio retention basin and a restrictive footbridge across the eastern
tributary are sufficient to address flooding for development applications REC14/0008 and
REC14/0009. As is standard practice, a sensitivity test was provided that modelled uncontrolled
vegetation growth in the flood plain and a high blockage factor of the footbridge in a Q100 event,
which indicates that in this worst case scenario, there would be worsening at the Blue Wren
Place boundary. It is difficult to model and consider every possible flooding scenario, but the
Code seeks to ensure the development does not compromise the safety of people and property
from floods. Although the proposed lots are all above the worst case scenario flood levels, the
development has the potential to unreasonably impact on upstream residences.
It is not standard industry practice to use “roughness” of the flood plain for flood detention
storage and by doing so, poses a risk to Council in the long term to rely on riparian vegetation for
flood storage. Given the risk to surrounding residents, and to Council, the flood strategy is not
supported and should be amended to provide a conventional flood strategy.
4. CONSULTATION
4.1. Referrals
The application was forwarded to Unitywater and the following internal Council specialists:
Engineering Officer
Ecologist
Strategic Planning Officer
Sport and Recreation Officer
External peer review of flood the assessment by Hydrology & Water Management
Consulting Pty Ltd.
Their assessment forms part of this report.
5. CONCLUSION
The proposal complies with the provisions of the Planning Scheme in terms of layout, vegetation
rehabilitation and site works. However, the proposed unconventional flood detention strategy
raises concerns and poses unacceptable risks to surrounding residents and for Council in relying
upon vegetation for flood storage purposes. The Sustainable Planning Act 2009 permits the
assessment manager to issue a preliminary approval when an aspect of development does not
comply with the Planning Scheme and then to upgrade to a Development Permit as part of the
Negotiated Decision process. In this regard it is recommended a Preliminary Approval is granted
to allow the applicant to revise the flood strategy to meet the provisions of the Planning Scheme.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 19 of 134
Section 20
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Page 20 of 134
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Page 20 of 134Section 21
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Page 21 of 134
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/Section 22
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
2 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF 2 LOTS INTO 6 LOTS
SITUATED AT 1-11 WILGEE COURT COOROY - REC14/0008
DOCUMENT IN FOR MATI ON
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index EMC/Application/REC14/0008
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Valkev Pty Ltd
Proposal Development Permit for Reconfiguration of a Lot (2 lots into 6)
Properly Made Date 18 June 2014
Information Request Date 17 July 2014
Information Response Date 14 October 2014
Decision Due Date 18 December 2014
Number of Submissions Not Applicable
PROPERTY DETAILS
Property Address 1 -11 Wilgee Court Cooroy
RP Description Lot 2 SP266731 & Lot 137MCH 978
Land Area 3.642ha
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy and Lake Macdonald
Zone Detached Housing Zone
Biodiversity Overlay – Riparian Buffer Area
Overlays
Natural Hazards Overlay – Flood Hazard Area
Natural Resources Overlay – Gas Pipeline Buffer Area
Natural Resources Overlay – Extractive Resource Buffer Area
Assessment Type Code Assessment
Page 22 of 134
Section 23
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 9 December 2014 regarding Application No. REC14/0008 for a
Development Permit for Reconfiguration of a lot (2 lots into 6 lots) situated at 1 – 11 Wilgee Court
Cooroy and approve the application in accordance with the following conditions:
PLANNING
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice must
be completed prior to Council endorsement of the Plan of Survey.
Approved Plans
2. 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, prepared by Date
10-3032AP6B3 Plan of Proposed Reconfiguration of Lot 8 on 14-10-14
SP266743 (being part of Lot 137 on MCH978
& Lot 2 on RP173883) and as annotated by
Council
1225-89 A Revegetation & Rehabilitation Management 1 October 2014
Plan – Eastern Tributary Stage 5 & 6 and as
annotated by Council
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
4. 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.
Road & Park Names
5. The proposed names of roads and parks must be lodged with the application for a
Development Permit for Operational Works. Names are to be:
a. Relevant to Australian, preferably local, history ,flora, fauna, culture, landscape or
physical characteristics;
b. If used, personal names should commemorate persons who have contributed
significantly to the development of the region; demonstrated outstanding levels of
civic service; or achieved role-model status in the wider community or donated
property or funds for community benefit; and be recognised in memoriam;
c. Park names should be unique within the locality;
d. Approval will not be given to a name that may construed as advertising, is more than
one word, understanding that a geographic relationship such as Cooroy Mountain is
permissible; is insensitive to diverse cultures and does not accord with community
standards; and is not concise, easy to pronounce and spell and be without accent
marks, apostrophes or hyphens.
6. All street signs on new roads (public and private) and parks must be erected prior to works
being accepted on maintenance.
Page 23 of 134
Section 24
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Boundary Encroachments
7. Certification must be submitted to Council from a Licensed Surveyor which certifies that:
a. all constructed access and roadworks (including associated fill batters and retaining
walls) are fully contained within a dedicated reserve or registered easement
b. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement
c. all retaining walls and structures are fully contained within the lot they retain
d. any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties
Water & Sewer Connections
8. An underground connection to reticulated water and sewerage must be provided to each lot
in accordance with the standards and requirements of Northern SEQ Distributor–Retailer
Authority (Unitywater).
9. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to each lot.
Performance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to
the issue of a Development Permit for Operational 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.
Landscaping & Ecology
11. Lot 15 must be removed from within the Riparian Buffer Overlay of The Noosa Plan and the
boundary setback a minimum of 10 metres from the top of bank, whichever is the greater.
The area removed from the lot must be rehabilitated in accordance with the conditions of
this Decision Notice.
12. Landscaping and rehabilitation works must be undertaken in accordance with an
Operational Works approval and Planning Scheme Policy - PSP 3 Landscaping Plants and
Guidelines and must include an ecological rehabilitation and landscaping plan, prepared by
a suitably qualified person* and must include in particular:
a. the area to be rehabilitated and re-vegetated must be generally in accordance with
the approved Revegetation & Rehabilitation Management Plan – Eastern Tributary
Stage 5 & 6
b. details of the treatment to all batters, armoury, plantings, weed treatment, location of
services/utilities and rehabilitation.
c. a maintenance period of no less than 3 years
d. a species palette and densities table incorporating the species selection of only
native indigenous species
e. measurable and achievable criteria on which the performance of the floristic and
structural component of the re-vegetation strategy can be assessed annually over
three years, including no weeds at the end of the re-vegetation period
f. provision of 1 street tree with a minimum pot size of 100 litres planted within the road
reserve for every 8 metres of road frontage including around the cul de sac
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
g. control of all weeds species listed in the following standards and legislation:
i. declared plants under the Land Protection (Pest and Stock Route Management)
Act 2002 and sub-ordinate Regulation 2003
ii. Council Listed Environmental Weeds, Exotic Grasses and other plants
identified in writing by Council (*refer to Advisory Note)
13. All rehabilitation of the eastern tributary (waterway) including the construction of the
footbridge must be completed prior to Council endorsement of the Plan of Survey.
ENGINEERING
External Works
14. A new intersection must be constructed joining Cordwood Drive with the new road
(Masonry Street). The works must be undertaken in accordance with an Operational Works
approval, and must include in particular:
a. vehicle priority maintained to Cordwood Drive
b. provision of sight distances adequate for the design speed of the road
c. installation of street lighting
All works to be dedicated are “non-trunk infrastructure” for the purposes of the Sustainable
Planning Act 2009.
New Roads
15. The new road (Masonry Street) shown on the Approved Plans must be constructed in
accordance with the conditions of this Decision Notice and dedicated as road reserve at no
cost to Council.
The road to be dedicated is “non-trunk infrastructure” for the purposes of the Sustainable
Planning Act 2009.
16. The new road (Masonry Street) as shown on the Approved Plans must be constructed.
The works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. a reserve width of 15 metres minimum widened where applicable to encompass the
cul-de-sac and the necessary verge areas
b. sealing, kerbing and channelling
c. an “Access Road” in accordance with Council’s Planning Scheme Policy 5 –
Engineering Design Standards - Road, Drainage and Earthworks
d. construction of pedestrian footpaths in accordance with the conditions of this
Decision Notice
e. installation of street lighting
f. modifications to existing services.
g. A cul-de-sac in accordance with Council’s Planning Scheme Policy 5 – Engineering
Design Standards - Road, Drainage and Earthworks
All works to be dedicated is “non-trunk infrastructure” for the purposes of the Sustainable
Planning Act 2009.
Page 25 of 134
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Pedestrian and Bicycle Facilities
17. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. a 2 metre wide footpath within the road verge on the western side of “Masonry Street”
extending to join with the existing pathway in Cordwood Drive
b. pram ramps on both sides of “Masonry Street” at the intersection with Cordwood
Drive
c. the pathway and footbridge located generally as shown on plan number 1225-62A
dated 9/14 prepared by Callaghan and Toth excepting that the pathway sections are
to be a minimum 2 metres wide.
The pathway and footbridge to be dedicated is “non-trunk infrastructure” for the purposes of
the Sustainable Planning Act 2009.
Stormwater Drainage.
18. The site must be provided with a stormwater drainage system connecting to a lawful point
of discharge. The works must be undertaken in accordance with an Operational Works
approval, and must include in particular:
a. The drainage structures generally as shown on the Approved Plans
b. The provision of Level 2 inter-allotment drainage for proposed Lots 14-16 including
registration of drainage easements
c. provision of kerb adapters for all new lots that discharge into the new road
d. extension of the site stormwater system to accommodate stormwater from Lot 1
RP173883 and other applicable areas external to the site, including registration of
drainage easements.
e. A maintenance path to the bioretention basin that is suitable for Council’s
maintenance vehicles
All infrastructure to be dedicated is “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
19. The existing stormwater drainage system for Lots 5-7 on SP266743 must be modified to
discharge into the bioretention basin.
20. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and the
Bioretention Technical Design Guidelines (Water by Design) and must include in particular:
a. stormwater quality treatment devices generally in accordance with the Approved
Plans
b. bioretention devices which:
i. are designed generally in accordance with IPWEQA Standard Drawing No.
WSUD-001
ii. are designed to ensure that flows which exceed the treatment capacity of the
device avoid damaging of the filter media or subjecting the filter media to
excessive sediment loads
iii. are provided with a free-draining outlet from the sub-soil drainage system
All infrastructure to be dedicated is “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
21. Detailed life cycle costing must be prepared for the stormwater quality treatment system by
a Registered Professional Engineer Queensland and submitted to Council prior to the issue
of any Development Permit for Operational Works.Stormwater and Flood Management
22. Stormwater and flood management for the development must be provided generally in
accordance with the provisions identified for the eastern tributary in the Stormwater and
Flooding Report prepared by BSM and dated 15 September 2014. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. a non-worsening at the site boundaries
b. certification must be submitted to Council at the completion of works from an RPEQ
which certifies that the development has met the stormwater and flooding
requirements of this Decision Notice
Electricity and Telecommunication Services
23. Underground reticulated electricity and telecommunication services must be provided to
each lot in accordance with an approval for Operational Works and the standards and
requirements of the relevant service provider.
24. 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.
25. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
Easements
26. Easements for inter-allotment drainage must be provided within Lots 11, and 14-16 which
encompass the constructed drainage structures.
27. An easement for drainage purposes must be registered against the title of proposed Lot 10
in favour of Council over the land area identified as the eastern portion of proposed Lot 10
with extents defined as the full frontage to Wilgee Court to the east, Lot 5 SP266743 to the
north, extending along the southern boundary of proposed Lot 13 in REC14/0009 and the
road reserve boundary to the eastern boundary of proposed Lot 100 in REC14/0009, along
the southern boundary of Lot 100 in REC14/0009, then perpendicular to the southern
boundary of proposed Lot 10 and returning to Wilgee Court. Draft easement
documentation must be submitted to Council for endorsement
28. 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.
29. 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.
30. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
31. All fill and associated batters must be undertaken in accordance with an Operational Works
approval, and contained entirely within the subject site.
Page 27 of 134
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Advisory Notes
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person
who carries out an activity must take all reasonable and practicable measures to ensure
the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with
the duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an
activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural
heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 32476212 to discuss any obligations
under the ACH Act.
Infrastructure Charges
2. This Development Permit will trigger an “Adopted Infrastructure Charge Notice” (if
applicable) to be issued in accordance with Council’s “Adopted Infrastructure Charges
Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the
Sustainable Planning Act 2009.
Qualified Persons
3. For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a
landscape architect or ecologist with a minimum of 3 years current experience in the field of
landscape design.
Building and Construction Industry (Portable Long Service Leave) Levy
4. 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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
5. 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
6. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. maintenance of safe pedestrian access for the areas affected by the works
during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the development
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled roads
v. provision for worker car parking
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic, services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. details on the location of external fill sites/sources, the haulage route, type of vehicle
to be utilised during filling operations and frequency of usage. NB any damage to the
existing road system as a result of haulage operations shall be fully repaired at the
applicant’s expense
g. 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.
REPORT
1. PROPOSAL
The proposal seeks to subdivide 2 lots into 6 lots, being 5 fully serviced residential lots and a
balance lot. The residential lots range in size from 654m² to 849m² and the balance lot is
2.446ha. The lot layout is shown in Figure 1 below and is included as Attachment 1. A portion of
the balance lot is part of a 5 lot subdivision REC14/0009 and a 17 lot subdivision REC13/0146,
both of which are currently before Council. The application is before Council because of the
conflict with the Natural Resources Overlay.
Figure 1 - Lot Layout
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Access to the lots will be via the new “Masonry Street” cul de sac, a continuation of an unformed stub
road off Cordwood Drive. Lot’s 14, 15 and 16 are sited on the western side of Masonry Street, adjoin
the balance lot and overlook a vegetated waterway. Lot’s 8 and 9 are sited on the eastern side of
Masonry Street, adjoin existing detached housing lots and have some views across to the waterway.
Lots 14, 15 and 16 have inter-allotment drainage and Lot’s 8 and 9 drains to the street, before being
treated in a bio-retention basin and released to the eastern tributary.
The applicant proposes to rehabilitate a 10m wide corridor for the full length and both sides of the
waterway except for an area that adjoins lot’s 15 and 16 where 7.5m and 20.5m is proposed.
A footpath is proposed from the end of the cul de sac across the waterway, connecting to the
adjoining proposed parkland as part of application REC13/0146. A foot bridge proposed across the
waterway also forms part of the stormwater retention strategy for the development.
The applicant is seeking to provide a playground within the park on neighbouring land in lieu of Park
Contributions for the development.
2. SITE DETAILS
2.1. Background
This application is essentially Stage 5 of a 6 staged development, with each stage submitted in
individual applications. Stage 6, REC14/0009 is before Council and proposes 4 residential lots
accessed from the new ‘Masonry Road’ and proposed to be constructed concurrently should this
application be approved. Details of the other stages of developments are as follows:
Stage 1(REC13/0015) has been approved creating Lots 1, 2, 3, and 4 fronting Lake Macdonald
Drive
Stage 2(REC13/0095) has been approved creating Lot’s 5, 6 and 7 fronting Wilgee Court.
Stage 3 (REC13/0146) is before Council and proposes 16 residential lots accessed from Blue
Wren Place.
Stage 4 (MCU13/0226 & REC13/0148) proposes 25 residential lots, is before Council and
adjoins Stage 3.
2.2. Site Description
The site is traversed by two tributaries of Six Mile Creek, described as the eastern and western
tributaries. The location of the 2 tributaries is shown in Figure 2 below. Approximately 70% of the land
is flood affected, except for where some residential lots are proposed via REC13/0146 and
REC14/0009. The majority of the land is pasture except for a narrow stand of riparian vegetation
along the creek lines and to a low lying area to the southwest corner of the lot. The site slopes gently
from the northern boundary toward the waterways.
Figure 2 - Tributary location
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
2.3. Surrounding Land Uses
The land adjoins Lake Macdonald Drive to the east, detached housing lots to the north, parkland
and undeveloped Detached Housing zoned land to the west and undeveloped Detached Housing
zoned land to the south. Figure 3 below shows the subject site in relation to Cooroy and
surrounding land uses.
Figure 3 - Locality Plan
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policy
The proposal meets the Integrated Development Assessment requirements of State Planning
Policy 2014.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy and Lake Macdonald Locality and is zoned Detached
Housing. The proposed subdivision for detached housing is identified as consistent within the
zone and is required to follow a code assessable application process.
Locality Provisions
Cooroy and Lake Macdonald Locality Code
The proposal provides a low density housing estate that offers residential amenity consistent with
the developed character of Cooroy. The lots overlook, adjoin or are near a proposed park, with
pedestrian and bicycle pathways provided from the end of the new road to an existing pathway
which connects to the trunk pathway along Lake Macdonald Drive. The proposal complies with
the provisions of the Locality Code.
Land Use & Works Provisions
The following codes which regulate land use are most applicable to this application:
Reconfiguring a Lot Code
Landscaping Code
Engineering Works Codes
The application has been assessed against each of the above codes. The pertinent issues
arising out of the assessment are discussed below:
Reconfiguring a Lot Code
Lot layout, Shape and Size
The residential lots are fully serviced and range in size from 654m² to 849m² complying with the
minimum lot size of 600m² required by the Code. The development offers a variety of lot sizes
and shapes in accordance with the provisions of the Code.
Earthworks
The lots are proposed to be re-profiled to provide level building platforms, which results in
retaining walls up to 1 metre above the natural surface level on some lots. This is preferable as
the developer will undertake the cut and fill works rather than individual owners or builders, which
often results in inconsistent or sub-standard works and surface drainage issues. The fill is not for
flood immunity and will not adversely impact on the waterway course or riparian vegetation.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Open Space
The Code requires the development to provide open space in accordance with the following:
“Active Parkland or open space linkage to Active Parkland is provided in accordance with the
Priority Infrastructure Plan in Part 15;” or
“Park contributions are paid in accordance with the applicable infrastructure charging instrument.”
The applicant is seeking to provide a playground within the park on neighbouring land in lieu of
Park Contributions for the development. This is proposed to be delivered through an
Infrastructure Agreement as part of the REC13/0146 and Councils Priority Infrastructure Plan
(PIP). Under the Sustainable Planning Act 2009, local parks and equipment may be considered
as trunk infrastructure and accordingly applicants are entitled to an offset in their infrastructure
charges. It is anticipated this will be addressed through the Negotiated Decision process once
the Infrastructure Agreement is finalised.
Overlay Provisions
The following overlay codes are applicable to this application:
Biodiversity Overlay Code – Riparian Buffer Area
Natural Hazards Overlay Code – Flood Hazard Area
Natural Resources Overlay Code – Extractive Resource Buffer Area
Natural Resources Overlay Code – Gas Pipeline Buffer Area
Biodiversity Overlay Code
Approximately 50% of the site is affected by Riparian Buffer area. The mapped buffers are not
centrally located over the watercourses and do not follow the meander of either tributary, but
range in width from zero to 20m from the top of bank. The applicant proposes to rehabilitate most
of the riparian buffers and 10m from the top of bank for the full length and both sides of the
waterways, including the portion of the waterway not affected by the Riparian Buffer Overlay. A
portion of the riparian buffer on the south western side of the eastern tributary is not being
rehabilitated as a playground is proposed as part of the adjoining subdivision REC13/0146.
All lots are outside the riparian buffer except for a small western portion of lot’s 15 and 16. The
rear boundary of lot 15 is setback 7.5m from the top of bank which is not sufficient. To help
maintain water quality and provide sufficient area for maintenance activities a condition is
recommended to remove any portion of lot 15 from within the riparian buffer area. The location of
the riparian buffer on lot 16 is a result of the mapping inconsistency over the waterway, as there
is currently more than a 20m setback to the rear boundary of lot 16, which is sufficient for a
Stream Order 3 setback.
Provided lot 15 is removed from within the riparian buffer the proposal complies with the
provisions of the Biodiversity Overlay Code.
Natural Hazards Overlay – Flood hazard area
Approximately 70% of the land is flood affected, being below the flood level of a Q100 event. The
applicant provided a Flood Assessment that considers land areas subject to 4 current
development applications (being the subject application, REC13/0146, REC13/0148 and
REC14/0009). The proposed flood strategy is not a fully conventional detention system, using a
variety of storage methods to achieve a non-worsening at the site boundaries. The proposed
methods include deliberately “roughing” the flood ways by utilising riparian vegetation, excavating
side storage adjacent to the western tributary, channel re-profiling, and a restrictive footbridge
across the eastern tributary and 2 bio basins. The Flood Assessment strategy’s modelling
suggests that there is no risk to surrounding residences and a proposed non-worsening at any
flood affected boundary in a Q100 event.
Page 33 of 134
Section 34
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
An external peer review of the Flood Assessment confirmed the non-worsening to be accurate
but raised some concern with the unconventional flood strategy because approximately 50% of
the flood storage is achieved by “roughness” provided by flood plain vegetation of the western
tributary. This strategy is not supported as it poses too high a risk to rely on vegetation for flood
storage purposes. However, the flood strategy indicates that conventional flood storage in the
form of a bio retention basin and a restrictive footbridge across the eastern tributary are sufficient
to address flooding for this subdivision and the adjoining application REC14/0009. Given the
conventional flood strategy for this development, the applicant has sufficiently demonstrated
compliance with the Natural Hazards Overlay Code.
Natural Resources Overlay – Extractive Resources Buffer
The proposed residential lots are within the Extractive Resources Buffer Area. The clay mining
activities and associated haulage roads are restricted to Neales Pit, which is located more than
550m away from the proposed lots. Figure 4 below shows the location of Neales pit in relation to
the subject site.
Figure 4 - Location of Neales Pit in relation to the subject site
The area between the active pit and the proposed subdivision is elevated and naturally vegetated
with the hilly terrain providing a natural acoustic buffer for future residents.
The proposal will not limit the potential for the utilisation of the extractive resource given the
existing natural buffer.
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Section 35
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Natural Resources Overlay – Gas Pipeline Buffer
The residential lots are within the 200 metre buffer area identified for the proposed Gatton to
Gympie Gas Pipeline. Figure 5 below shows the location of the gas pipeline easement in relation
to the subject site.
Figure 5 - Gas Pipeline easement
The Natural Resources Overlay requires adequate separation between the use and the gas
pipeline, with the Probable Solution seeking no increase to the number of people living or
congregating within 200m of the gas pipeline. The buffer area was adopted within the planning
scheme as a precautionary mechanism to trigger further investigation with the licence holder, and
is not a total exclusion zone within which no development can occur.
The gas pipeline is not yet established within the easement and advice from the pipeline licence
holder, APA Pty Ltd who own and operate the high-pressure gas pipelines, is that it is still
unknown whether a gas pipeline will be constructed. APA Pty Ltd has indicated that any future
pipeline can be designed to avoid dangers associated with the future construction and operation
of a gas pipeline. In this regard, APA Pty Ltd had no objection to the recent approval of an
adjoining 22 lot subdivision providing no lots were created within the gas pipeline easement.
There are no lots being created within the easement as part of this application.
The proposal does not meet the Probable Solution S14.1 of the code, which requires no increase
to the number of people living or congregating within 200m of the gas pipeline. However, the
proposal is consistent with the Overall Outcomes of the Natural Resources Overlay Code, which
seeks development to be located to ‘avoid dangers with the pipeline…’ and ‘not adversely affect
the operations of the pipeline…’
Given that the proposed lots will be within the gas pipeline buffer, a property note is
recommended advising future owners of the gas pipeline easement and contact details of the
licence holder.
Page 35 of 134
Section 36
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
4. CONSULTATION
4.1. Referrals
The application was forwarded to Unitywater and the following internal Council specialists:
Engineering Officer
Ecologist
External peer review of flood the assessment by Hydrology & Water Management
Consulting Pty Ltd.
Their assessment forms part of this report.
5. CONCLUSION
The proposed lots offer suitable residential amenity, having access to nearby parkland and
connectivity to the existing pedestrian network. The hilly terrain provides an adequate buffer
between the development and the extractive resource area and its location will not affect the
construction or operation of the gas pipeline. The proposal complies with the provisions of the
Planning Scheme and is recommended for approval, subject to conditions.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 36 of 134
Section 37
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Page 37 of 134
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Page 37 of 134Section 38
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Page 38 of 134
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Page 38 of 134Section 39
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
3 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF 2 LOTS INTO 6 LOTS
PLUS 1 PARK LOT SITUATED AT 1 - 11 WILGEE COURT, COOROY - REC14/0009
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM/ Application/ REC14/0009
Attachments 1. Proposal Plans
APPLICATION DETAILS
Valkev Pty Ltd
Applicant
Development Permit for Reconfiguration of a Lot (2 lots into 6)
Proposal
18 June 2014
Properly Made Date
17 July 2014
Information Request Date
14 October 2014
Information Response Date
18 December 2014
Decision Due Date
Not Applicable
Number of Submissions
PROPERTY DETAILS
1 -11 Wilgee Court Cooroy
Property Address
Lot 2 SP266731 & Lot 137MCH 978
RP Description
3.642ha
Land Area
Vacant
Existing Use of Land
STATUTORY DETAILS
Urban Footprint
SEQRP Designation
Cooroy and Lake Macdonald
Locality
Detached Housing Zone
Zone
Biodiversity Overlay – Riparian Buffer Area
Overlays
Natural Hazards Overlay – Flood Hazard Area
Natural Resources Overlay – Gas Pipeline Buffer Area
Natural Resources Overlay – Extractive Resource Buffer Area
Code Assessable
Assessment Type
Page 39 of 134
Section 40
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 9 December 2014 regarding Application No. REC14/0009 for a
Development Permit for Reconfiguration of a lot (2 lots into 6 lots) situated at 1 – 11 Wilgee Court
Cooroy and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice
must be completed prior to Council endorsement of the Plan of Survey.
Approved Plans
2. 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, prepared by Date
10-3032AP7B4 Plan of Proposed Reconfiguration of 14-10-14
Lot 8 on SP266743 (being part of
Lot 137 on MCH978 & Lot 2 on
RP173883)
1225-89 A Revegetation & Rehabilitation 1 October 2012
Management Plan – Eastern Tributary
Stage 5 & 6 and as annotated by
Council
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
4. 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.
Road & Park Names
5. The proposed names of roads and parks must be lodged with the application for a
Development Permit for Operational Works. Names are to be:
a. Relevant to Australian, preferably local, history ,flora, fauna, culture, landscape
or physical characteristics;
b. If used, personal names should commemorate persons who have contributed
significantly to the development of the region; demonstrated outstanding levels
of civic service; or achieved role-model status in the wider community or
donated property or funds for community benefit; and be recognised in
memoriam;
c. Park names should be unique within the locality;
d. Approval will not be given to a name that may construed as advertising, is more
than one word, understanding that a geographic relationship such as Cooroy
Mountain is permissible; is insensitive to diverse cultures and does not accord
with community standards; and is not concise, easy to pronounce and spell and
be without accent marks, apostrophes or hyphens.
Page 40 of 134
Section 41
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
6. All street signs on new roads (public and private) and parks must be erected prior to
works being accepted on maintenance.
Boundary Encroachments
7. Certification must be submitted to Council from a Licensed Surveyor which certifies
that:
a. all constructed access and roadworks (including associated fill batters and
retaining walls) are fully contained within a dedicated reserve or registered
easement
b. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included
within an easement
c. all retaining walls and structures are fully contained within the lot they retain
d. any fill, including fill batters, are wholly contained within the subject site and not
on adjacent properties
Water & Sewer Connections
8. An underground connection to reticulated water and sewerage must be provided to
each lot in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
9. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to each lot.
Performance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for Operational 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.
Landscaping & Ecology
11. Landscaping and rehabilitation works must be undertaken in accordance with an
Operational Works approval and Planning Scheme Policy - PSP 3 Landscaping
Plants and Guidelines. An ecological rehabilitation and landscaping plan must be
submitted, prepared by a suitably qualified person* and must include in particular:
a. the area to be rehabilitated and re-vegetated must be generally in accordance
with the approved Revegetation & Rehabilitation Management Plan – Eastern
Tributary Stage 5 & 6 and
b. details of the treatment to all batters, armoury, plantings, weed treatment,
location of services/utilities and rehabilitation.
c. a maintenance period of no less than 3 years
d. a species palette and densities table incorporating the species selection of only
native indigenous species
e. measurable and achievable criteria on which the performance of the floristic
and structural component of the re-vegetation strategy can be assessed
annually over three years, including no weeds at the end of the re-vegetation
period.
Page 41 of 134
Section 42
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
f. provision of 1 street tree with a minimum pot size of 100 litres planted within the
road reserve for every 8 metres of road frontage including around the cul de
sac
g. control of all weeds species listed in the following standards and legislation:
i. declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003
ii. Council Listed Environmental Weeds, Exotic Grasses and other plants
identified in writing by Council (*refer to Advisory Note)
12. All rehabilitation and re-vegetation of the eastern tributary (waterway) including works
within the Park and the construction of the footbridge must be completed prior to
Council endorsement of the Plan of Survey.
Dedication of Land as Reserve
13. The area identified as lot 100 Park on the Approved Plans must be dedicated to the
Crown as a reserve for Park purposes. The land to be dedicated is “non-trunk
infrastructure” for the purposes of the Sustainable Planning Act 2009.
Works within Protected Land
14. The following works must be undertaken within the land to be dedicated to the Crown
as Park reserve:
a. footbridge and pathway
ENGINEERING
External Works
15. A new intersection must be constructed joining Cordwood Drive with the new road
(Masonry Street). The works must be undertaken in accordance with an Operational
Works approval, and must include in particular:
a. vehicle priority maintained to Cordwood Drive
b. provision of sight distances adequate for the design speed of the road
c. installation of street lighting
All works to be dedicated are “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
New Roads
16. The new road (Masonry Street) shown on the Approved Plans must be constructed in
accordance with the conditions of this Decision Notice and dedicated as road reserve
at no cost to Council. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. a reserve width of 15 metres minimum widened where applicable to encompass
the cul-de-sac and the necessary verge areas
b. sealing, kerbing and channelling
c. An “Access Road” in accordance with Council’s Planning Scheme Policy 5 –
Engineering Design Standards - Road, Drainage and Earthworks
d. construction of pedestrian footpaths in accordance with the conditions of this
Decision Notice
e. installation of street lighting
f. modifications to existing services
Page 42 of 134
Section 43
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
g. A cul-de-sac in accordance with Council’s Planning Scheme Policy 5 –
Engineering Design Standards - Road, Drainage and Earthworks.
All works to be dedicated are “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
Pedestrian and Bicycle Facilities
17. Pedestrian and bicycle facilities must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. a 2 metre wide footpath within the road verge on the western side of “Masonry
Street” extending to join with the existing pathway in Cordwood Drive
b. pram ramps on both sides of “Masonry Street” at the intersection with
Cordwood Drive
c. the pathway and footbridge located generally as shown on plan number 1225-
62A dated 9/14 prepared by Callaghan and Toth excepting that the pathway
sections are to be a minimum 2 metres wide.
The footpath and footbridge to be dedicated are “non-trunk infrastructure” for the
purposes of the Sustainable Planning Act 2009.
Stormwater Drainage.
18. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval, and must include in particular:
a. The drainage structures generally as shown on the Approved Plans
b. provision of kerb adapters for all new lots that discharge into the new road
c. extension of the site stormwater system to accommodate stormwater from Lot 1
RP173883 and other applicable areas external to the site, including registration
of drainage easements
d. a maintenance path to the bioretention basin that is suitable for Council’s
maintenance vehicles
All infrastructure to be dedicated is “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
19. The existing stormwater drainage system for Lots 5-7 on SP266743 must be modified
to discharge into the bioretention basin.
20. A stormwater quality treatment system must be provided for the development. The
works must be undertaken in accordance with an Operational Works approval and
the Bioretention Technical Design Guidelines (Water by Design) and must include in
particular:
a. stormwater quality treatment devices generally in accordance with the
Approved Plans
b. bioretention devices which:
i. are designed generally in accordance with IPWEQA Standard Drawing
No. WSUD-001
ii. are designed to ensure that flows which exceed the treatment capacity of
the device avoid damaging of the filter media or subjecting the filter media
to excessive sediment loads
iii. are provided with a free-draining outlet from the sub-soil drainage system
All infrastructure to be dedicated is “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
Page 43 of 134
Section 44
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
21. Detailed life cycle costing must be prepared for the stormwater quality treatment
system by a Registered Professional Engineer Queensland and submitted to Council
prior to the issue of any Development Permit for Operational Works.Stormwater and
Flood Management
22. Stormwater and flood management for the development must be provided generally
in accordance with the provisions identified for the eastern tributary in the Stormwater
and Flooding prepared by BSM and dated 15 September 2014. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. a non-worsening at the site boundaries
b. certification must be submitted to Council at the completion of works from an
RPEQ which certifies that the development has met the stormwater and
flooding requirements of this Decision Notice
Electricity and Telecommunication Services
23. Underground reticulated electricity and telecommunication services must be provided
to each lot in accordance with an approval for Operational Works and the standards
and requirements of the relevant service provider.
24. 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.
25. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Easements
26. An easement for inter-allotment drainage must be provided within Lot 11 which
encompasses the constructed drainage structures.
27. An easement for drainage purposes must be registered against the title of proposed
Lot 17 in favour of Council over the land area identified as the eastern portion of
proposed Lot 17 with extents defined as the full frontage to Wilgee Court to the east,
Lot 5 SP266743 to the north, extending along the southern boundary of proposed Lot
13 and the road reserve boundary to the eastern boundary of proposed Lot 100,
along the southern boundary of Lot 100, then perpendicular to the southern boundary
of proposed Lot 17 and returning to Wilgee Court. Draft easement documentation
must be submitted to Council for endorsement.
28. 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.
29. 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.
30. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
31. All fill and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site.
Page 44 of 134
Section 45
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Advisory Notes
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH
Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable measures
to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to
fail to comply with the duty of care. Substantial monetary penalties may apply to
individuals or corporations breaching this duty of care. Injunctions may also be issued
by the Land and Resources Tribunal, and the Minister administering the ACH Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal
cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 32476212 to discuss any
obligations under the ACH Act.
Infrastructure Charges
2. This Development Permit will trigger an “Adopted Infrastructure Charge Notice” (if
applicable) to be issued in accordance with Council’s “Adopted Infrastructure
Charges Resolution” under the State Planning Regulatory Provision (Adopted
Charges) and the Sustainable Planning Act 2009.
Qualified Persons
3. For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to
be a landscape architect or ecologist with a minimum of 3 years current experience in
the field of landscape design.
Building and Construction Industry (Portable Long Service Leave) Levy
4. 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. QLeave contact: 1800 803 481 (free call) or (07) 3212
6855.
Co-ordination of Operational Works Assessment
5. 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
6. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction
ii. maintenance of safe pedestrian access for the areas affected by the
works during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the
development
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled
roads
v. provision for worker car parking
Page 45 of 134
Section 46
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
b. maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic, services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. details on the location of external fill sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any
damage to the existing road system as a result of haulage operations shall be
fully repaired at the applicant’s expense
g. 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.
B. Include the following property note:
REC14/0009 – Gas Pipeline Buffer
The following notation applies to approved lots 10, 11, 12, and 13:
The allotment is within 200 metres of a gas pipeline easement. Enquiries regarding the
future construction and operation of the pipeline should be directed to the gas pipeline
licence holder - APA Group on 33236148 or PO Box 6569, Upper Mt Gravatt, QLD 4122.
REPORT
1. PROPOSAL
The proposal seeks to subdivide 2 lots into 6 lots, being 4 fully serviced residential lots, a park lot
and a balance lot. The residential lots range in size from 701m² to 934m², the Park lot 6043m²
and the balance lot, 1.846ha. The balance lot encompasses 5 further residential lots proposed as
part of a separate application REC14/0008. A small area west of the eastern tributary is also
proposed to be subdivided for residential lots, via application REC13/0146. Both applications are
currently before Council. The lot layout is shown in Figure 1 below and included as
Attachment 1.
Page 46 of 134
Section 47
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Figure 1 - Lot layout
Access to the lots will be via the new “Masonry Street” cul de sac, a continuation of an unformed
stub road off Cordwood Drive. All residential lots are sited on the eastern side of Masonry Street,
adjoin existing detached housing lots and have some views across to the park and to the eastern
and western tributaries.
The majority of the land is flood affected but all residential lots are Q100 immune. Stormwater
runoff from all lots drains to the street then is treated within a bio-retention system located in the
balance lot, before being released to the eastern tributary. The applicant proposes to rehabilitate
a 10m wide corridor for the full length and both sides of the waterway.
A footpath is proposed from the end of the cul de sac across the eastern tributary, connecting to
the adjoining proposed parkland which is part of a separate subdivision application REC13/0146.
A foot bridge proposed across the waterway within the park lot (Lot 100) is also forms part of the
stormwater detention strategy.
The applicant seeks to off-set the Park Infrastructure Contribution of this development by
providing a playground on adjoining land subject to development application REC13/0146 as
provided for under the Sustainable Planning Act 2009. An Infrastructure Agreement is proposed
to secure the playground in lieu of the Park Contribution.
Page 47 of 134
Section 48
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
2. SITE DETAILS
2.1. Background
This application is essentially Stage 6 of a 6 staged development, with each stage submitted as
individual applications. Stage 5 (REC14/0008) is before Council and proposes 5 residential lots
accessed from the new ‘Masonry Road’ and is to be constructed concurrently, should this
application be approved. Details of the other stages are as follows:
Stage 1 has been approved creating Lots 1, 2, 3, and 4 fronting Lake Macdonald Drive
(REC13/0015)
Stage 2 has been approved creating Lot’s 5, 6 and 7 fronting Wilgee Court (REC13/0095).
Stage 3 (REC13/0146) is before Council and proposes 16 residential lots accessed from
Blue Wren Place.
Stage 4 (MCU13/0226 & REC13/0148) proposes 25 residential lots, is before Council and
adjoins Stage 3.
2.2. Site Description
The site is traversed by two tributaries of Six Mile Creek, described as the eastern and western
tributaries. The location of the 2 tributaries is identified in Figure 2 below. Approximately 70% of
the land is flood affected, except for an area where a playground and some residential lots are
proposed as part of Stage 3, REC13/0146. The majority of the land is pasture except for a
narrow stand of riparian vegetation along the creek lines and a low lying area to the southwest
corner of the lot. The site slopes gently from the northern boundary toward the waterways.
Figure 2 - Tributary location
Page 48 of 134
Section 49
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
2.3. Surrounding Land Uses
The land adjoins Lake Macdonald Drive to the east, detached housing lots to the north, parkland
and undeveloped Detached Housing zoned land to the west and undeveloped Detached Housing
zoned land to the south. The land to the south is subject of a current subdivision application
REC13/0146. Figure 3 below shows the subject site and the surrounding land uses.
Figure 3 - Locality Plan
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
Page 49 of 134
Section 50
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policy
The proposal meets the Integrated Development Assessment requirements of State Planning
Policy 2014.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy and Lake Macdonald Locality and is zoned Detached
Housing. The proposed subdivision for detached housing is identified as consistent within the
zone and is required to follow a code assessable application process.
Locality Provisions
Cooroy and Lake Macdonald Locality Code
The proposal provides a low density housing estate that offers residential amenity consistent with
the developed character of Cooroy. The lots overlook, adjoin or are near a proposed park, with
pedestrian and bicycle pathways provided from the end of the new road to an existing pathway
which connects to the trunk pathway along Lake Macdonald Drive. The proposal complies with
the provision of the Locality Code.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Reconfiguring a Lot Code
Landscaping Code
Engineering Works Codes
The application has been assessed against each of the above codes. The pertinent issues
arising out of the assessment are discussed below:
Reconfiguring a Lot Code
Lot layout, Shape and Size
The residential lots are fully serviced and range in size from 654m² to 849m², complying with the
minimum lot size of 600m² required by the Code. The development offers a variety of lot sizes
and shapes in accordance with the provisions of the Code.
Page 50 of 134
Section 51
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Earthworks
The lots are proposed to be re-profiled to provide level building platforms, which results in
retaining walls up to 1 metre above the natural surface level on some lots. This is preferable, as
the developer will undertake the cut and fill works rather than individual owners or builders, which
often results in inconsistent or sub-standard works and surface drainage issues. The fill is not for
flood immunity and will not adversely impact on the waterway course or riparian vegetation.
Open Space
The Code requires the development to provide open space in accordance with the following:
“Active Parkland or open space linkage to Active Parkland is provided in accordance with the
Priority Infrastructure Plan in Part 15;” or
“Park contributions are paid in accordance with the applicable infrastructure charging instrument.”
The applicant is providing passive parkland and is seeking to provide a playground within the
park on neighbouring land in lieu of Park Contributions for the development. This is proposed to
be delivered through an Infrastructure Agreement as part of the REC13/0146 and Councils
Priority Infrastructure Plan (PIP). Under the Sustainable Planning Act 2009, local parks and
equipment may be considered as trunk infrastructure and accordingly applicants are entitled to
an offset in their infrastructure charges. It is anticipated this will be addressed through the
Negotiated Decision process once the Infrastructure Agreement is finalised.
The proposal complies with the Reconfiguring a Lot Code.
Overlay Provisions
The following overlay codes are applicable to this application:
The following overlay codes are applicable to this application:
Biodiversity Overlay Code – Riparian Buffer Area
Natural Hazards Overlay Code – Flood Hazard Area
Natural Resources Overlay Code – Extractive Resource Buffer Area
Natural Resources Overlay Code – Gas Pipeline Buffer Area
Biodiversity Overlay Code
Approximately 50% of the site is affected by Riparian Buffer areas. The mapped buffers are not
centrally located over the watercourses and do not follow the meander of either tributary, but
range in width from zero to 20m from the top of bank from the eastern side of the eastern
tributary and up to 70m elsewhere. The applicant proposes to rehabilitate most of the riparian
buffers and 10m from the top of bank for the full length and both sides of the waterways,
including the portion of the waterway not affected by the Riparian Buffer.
A portion of the riparian buffer on the south western side of the eastern tributary is not being
rehabilitated, as a playground is proposed as part of the adjoining subdivision REC13/0146. All
lots are outside the riparian buffer and combined with the rehabilitation of the waterway, the
proposal complies with the provisions of the Biodiversity Overlay Code.
Natural Hazards Overlay – Flood Hazard area
Approximately 70% of the land is flood affected being below the level of a Q100 event. The
applicant provided a Flood Assessment that considers land areas subject to 4 current
development applications (being the subject application, REC13/0146, REC13/0148 and
REC14/0008). The proposed flood strategy is not a fully conventional detention system, using a
variety of storage methods to achieve a non-worsening at the site boundaries. The proposed
methods include deliberately “roughing” the flood ways by utilising riparian vegetation, excavating
side storage adjacent to the western tributary, a restrictive footbridge across the eastern tributary
and 2 bio basins. The Flood Assessment strategy’s modelling suggests that there is no risk to
surrounding residences and a proposed non-worsening at any flood affected boundary in a Q100
event.
Page 51 of 134
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
An external peer review of the Flood Assessment confirmed the non-worsening to be accurate;
however, the peer review raised concerns with the unconventional flood strategy because
approximately 50% of the flood storage is achieved by “roughness” provided by flood plain
vegetation in the western tributary. This strategy is not supported as it poses too high a risk to
rely on vegetation for flood storage purposes. However, the flood strategy indicates that
conventional flood storage in the form of a bio retention basin and a restrictive footbridge across
the eastern tributary are sufficient to address the flooding requirements of this subdivision and
the adjoining application REC14/0008. Given the conventional flood strategy for this
development, the applicant has sufficiently demonstrated compliance with the Natural Hazards
Overlay Code.
Natural Resources Overlay – Extractive Resources Buffer
The proposed residential lots are within the Extractive Resources Buffer Area. The clay mining
activities and associated haulage roads are restricted to Neales Pit, which is located more than
550m away from the proposed lots. Figure 4 below identifies the location of Neales Pit in relation
to the subject site.
Figure 4 - Location of extractive resource
The area between the active pit and the proposed subdivision is elevated and naturally
vegetated. The hilly terrain provides a natural acoustic buffer for future residents.
The proposal will not limit the potential for the utilisation of the extractive resource given the
existing natural buffer.
Page 52 of 134
Section 53
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Natural Resources Overlay – Gas Pipeline Buffer
The residential lots are within the 200 metre buffer area identified for the proposed Gatton to
Gympie Gas Pipeline. Figure 5 below shows the subject site in relation to the Gas Pipeline
easement.
Figure 5 - Gas Pipeline easement
The Natural Resources Overlay requires adequate separation between the use and the gas
pipeline, with the Probable Solution seeking no increase to the number of people living or
congregating within 200m of the gas pipeline. The buffer area was adopted within the planning
scheme as a precautionary mechanism to trigger further investigation with the licence holder, and
is not a total exclusion zone within which no development can occur.
The gas pipeline is not yet established within the easement and advice from the pipeline licence
holder, APA Pty Ltd who own and operate the high-pressure gas pipelines, is that it is still
unknown whether a gas pipeline will be constructed. APA Pty Ltd have indicated that any future
pipeline can be designed to avoid dangers associated with the future construction and operation
of a gas pipeline. In this regard, APA Pty Ltd had no objection to the recent approval of an
adjoining 22 lot subdivision providing no lots were created within the gas pipeline easement.
There are no lots being created within the easement as part of this application.
The proposal does not meet the Probable Solution S14.1 of the code, which requires no increase
to the number of people living or congregating within 200m of the gas pipeline. However, the
proposal is consistent with the Overall Outcomes of the Natural Resources Overlay Code, which
seeks development to be located to ‘avoid dangers with the pipeline…’ and ‘not adversely affect
the operations of the pipeline…’.
Given the proposed lots will be within the gas pipeline buffer, a property note is recommended
advising future owners of the gas pipeline easement and contact details of the licence holder.
Page 53 of 134
Section 54
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
4. CONSULTATION
4.1. Referral
The application was forwarded to Unitywater and the following internal Council specialists:
Engineering Officer
Ecologist
External peer review of the flood assessment by Hydrology & Water Management
Consulting Pty Ltd.
Their assessment forms part of this report.
5. CONCLUSION
The proposed lots offer suitable residential amenity having access to nearby parkland and
connectivity to the existing pedestrian network. The hilly terrain provides an adequate buffer
between the development and the extractive resource area and the location will not affect the
construction or operation of the gas pipeline. The proposal complies with the provisions of the
Planning Scheme and is recommended for approval subject to conditions.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 54 of 134
Section 55
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
ATTACHMENT 1
Page 55 of 134
ATTACHMENT 1
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RESERVE OPEN SPACE: } ] — ip 3 gE . cv? purposes only and may be subject to change.
£ t AW oma fo ao pe Q100 INUNDATION LINE PLOTTED FROM STORMWATER Danene one ane. acves snow perenne
a / HY if & CR / w DETENTION & FLOODING REPORT PREPARED BY —_ ee
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Page 55 of 134Section 56
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Page 56 of 134
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/Section 57
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
4 COMBINED DEVELOPMENT APPLICATION REC13/0148 & MCU13/0226 FOR
RECONFIGURING A LOT (2 INTO 25 LOTS & PARK) AND A S242 PRELIMINARY
APPROVAL FOR DETACHED HOUSING IN THE COMMUNITY SERVICES ZONE AT
PEARSONS RD AND 55 LAKE MACDONALD DRIVE, COOROY
CUMENT IN FORMA TION
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM / Application / REC13/0148 & MCU13/0226
Attachments Nil
APPLICATION DETAILS
Applicant Valkev Pty Ltd C/- Max Watterson & Associates
Owner The State of Queensland
Proposal Combined application for Development Permit for Reconfiguring a Lot
(2 into 25 and Park); and Preliminary Approval for Material Change of
Use under Section 242 of the Sustainable Planning Act 2009 for
development to be carried out in accordance with the Detached
Housing Zone on Lot 135 on MCH978
Properly Made Date 22 November 2013
Information Request Date 13 December 2013
Information Response Date 5 June 2014
Decision Due Date 18 December 2014
Number of Submissions 20 Properly Made Submissions
PROPERTY DETAILS
Property Address Pearsons Rd & 55 Lake Macdonald Dr COOROY
RP Description Lot 135 on MCH 978 & part of lot 5 on SP266731 (previously 136 on
MCH 978 at the time of lodgement)
Land Area 2.02ha
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy & Lake Macdonald
Zone Community Services and Detached Housing
Page 57 of 134
Section 58
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Overlays Biodiversity – Riparian Buffer Area
Natural Hazards – Flood Hazard
Assessment Type Impact Assessable
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 9 December 2014 regarding Combined Application No. REC13/0148 &
MCU13/0226 for a Development Permit for Reconfiguring a Lot (3 into 27); and Preliminary
Approval for Material Change of Use under Section 242 of the Sustainable Planning Act 2009 for
development to be carried out in accordance with the Detached House zone, situated at
Pearsons Rd & 55 Lake Macdonald Dr Cooroy, and
A. Approve the application in accordance with the following conditions:
Preliminary Approval for Material Change of Use under Section 242 of the
Sustainable Planning Act 2009 for development to be carried out in accordance with
the Detached Housing Zone on Lot 135 on MCH978
When Conditions must be Complied With
1. 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
2. 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 and may be amended by these conditions.
Plan No. Rev. Plan/Document Name Date
10-3032AZ1A - Plan of Proposed Reconfiguration of Lot 135 on 06/05/2014
MCH978 drawn by Max Watterson & Associates
Nature and Extent of Approved Use
3. This approval overrides the planning scheme pursuant to s242 of the Sustainable
Planning Act 2009 for the life of the approval to the extent that development on the
site must comply with the development provisions for the Detached Housing zone
within the Cooroy & Lake Macdonald Locality under The Noosa Plan.
Development Permit for Reconfiguring a Lot (2 into 25 and Park)
When Conditions Must Be Complied With
1. 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
2. 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
10-3032AZ1A - Plan of Proposed Reconfiguration of Lot 135 on 06/05/2014
MCH978 drawn by Max Watterson & Associates
Page 58 of 134
Section 59
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
4. 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.
Road & Park Names
5. The proposed names of roads and parks must be lodged with the application for a
Development Permit for Operational Works. Names are to be:
a. Relevant to Australian, preferably local, history ,flora, fauna, culture, landscape
or physical characteristics;
b. If used, personal names should commemorate persons who have contributed
significantly to the development of the region; demonstrated outstanding levels
of civic service; or achieved role-model status in the wider community or
donated property or funds for community benefit; and be recognised in
memoriam;
c. Park names should be unique within the locality;
d. Approval will not be given to a name that may construed as advertising, is more
than one word, understanding that a geographic relationship such as Cooroy
Mountain is permissible; is insensitive to diverse cultures and does not accord
with community standards; and is not concise, easy to pronounce and spell and
be without accent marks, apostrophes or hyphens.
6. All street signs on new roads (public and private) and parks shall be erected prior to
works being accepted on maintenance.
Security Bond
7. Security in the form of a cash bonds or trading bank guarantees to the sum of
$20,000 must be submitted, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Operational 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.
Boundary Encroachments
8. Certification must be submitted to Council from a Licensed Surveyor which certifies
that:
a. All constructed access and roadworks (including associated fill batters and
retaining walls) are fully contained within a dedicated reserve or registered
easement.
b. All utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included
within an easement.
c. All retaining walls and structures are fully contained within the lot they retain.
d. Any fill, including fill batters, are wholly contained within the subject site and not
on adjacent properties.
Page 59 of 134
Section 60
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Landscaping
9. Landscaping in the road reserve is to be in accordance with PSP03 – Landscaping
Plants & Guidelines and a properly prepared landscape plan, prepared by a suitably
qualified Landscape Architect or Horticulturalist. The landscape plans are to be
submitted and approved as part of the Operational Works incorporating landscaping.
Where other permits for Operational Works for roads, drainage or access are
required, the landscaping layout shall be based on approved drawings for those
Operational Works.
10. The landscaping plans shall include:
a. A minimum 2m wide landscaping buffer along the Elm Street frontage, including
a 2m truncation of the western property boundaries of lots 44-47 with Elm
Street to establish screening vegetation on the site.
b. The densely planted buffer shall be located so as to allow for adequate sight
lines, be clear of existing and proposed services within the road reserve,
including the footpath, power lines (using appropriate species where
applicable), bus stop design and to provide shade to pedestrians.
c. Retention of existing local origin trees located within the proposed parks, which
are not required to be removed for the bioretention basin. An arborist must
inspect the trees before and after works, to confirm they are not affected by any
earthworks;
d. New roads are to be landscaped with a minimum of 1 street tree with a
minimum pot size of 100 litres planted within the road reserve for every 8
metres of road frontage including around the cul de sac, which provide a good-
sized canopy to allow good shade once fully mature. Further to the native street
trees recommended for planting within PSP03, Council also recommends the
planting of 100 litre appropriate edible fruit tree species as part of the road
reserve plantings and located at the end of each property boundary, to
minimise impacts from construction and future driveways.
e. Tree plantings must maintain a minimum horizontal clearance a minimum
distance of:
i. 2m from stormwater catchpits;
ii. 4m from overhead lighting; and
iii. Landscaping plants within these clearances must be low growing when
mature and suitable Council approved varieties.
11. Landscaping of the road reserve is to be completed in accordance with the approved
landscaping plan prior to acceptance of the development ‘On Maintenance’ and
maintained thereafter for a three (3) year period to the reasonable satisfaction of
Council.
Vegetation Protection & Weed Removal
12. Prior to issue of a Development Permit for Operational Works, an Ecological
Restoration Plan and Specifications for the proposed park shall be approved by
Council. The restoration plan shall include the following:
a. A plan indicating revegetation, including a species palette incorporating the
species selection of only native indigenous species;
b. Measurable and achievable criteria on which the performance of the floristic
and structural component of the re-vegetation strategy can be assessed
annually over 3 years, including no weeds in the park area for all of the annual
assessments and at the end of the re-vegetation period.
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c. Control of all weed species listed in the following standards and legislation:
i. Declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003.
ii. Council listed Environmental Weeds, exotic grasses and other plants
identified in writing by Council.
d. All rehabilitation and revegetation must be completed prior to Council
endorsement of the Plan of Survey.
e. The area identified as Park on the Approved Plans must be dedicated to the
Crown as a reserve for Park purposes.
The land to be dedicated is “non-trunk infrastructure” for the purposes of the
Sustainable Planning Act 2009.
ENGINEERING
External Works
13. Elm Street must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. construction of kerb and channelling (OR table drain) and underground
stormwater drainage for the full frontage of the development site;
b. installation of street, pathway and bus stop lighting; and
c. widening and sealing of the existing road pavement to include the bus stop and
the entry and departure tapers.
The Elm St pathway infrastructure is imposed pursuant to s646 of the
Sustainable Planning Act 2009 being necessary trunk infrastructure identified
by Council’s LGIP to service the development. All other infrastructure is
imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-
trunk infrastructure.
14. The new road must join smoothly with the existing formation of Blue Wren Court. The
works must be undertaken in accordance with an Operational Works approval and be
designed and constructed in accordance with Council’s Planning Scheme Policy 5 –
Engineering Design Standards - Roads, Drainage and Earthworks. The works must
include in particular:
a. provision of sight distances adequate for the design speed of the road;
b. relocation of the existing footpath, services and property accesses; and
c. retention of all existing parking facilities on Blue Wren Court.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009
being non-trunk infrastructure.
Bus Stop
15. The developer must design and construct a bus stop on the Elm Street frontage of
the site. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. The proposed bus stop is to be “Indented” and be in accordance with the
current TransLink Public Transport Infrastructure Manual. The bus stop must
contain all Mandatory and Preferred components as stated in the manual, and
be constructed in accordance with the new Noosa Council Custom Design
Rural Bus Shelter; and
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b. The design for the bus stop shall consider a Pedestrian Refuge Island and a
coupled bus stop (indented but unsheltered) on the opposite side of Elm Street
for future construction.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009
being non-trunk infrastructure.
Blue Wren Close Road Works
16. The developer must construct 4 indented carparking bays on the northern side of
Blue Wren Close between the development site and Lake Macdonald Drive with the
final location determined in conjunction with Council. The works must be undertaken
in accordance with an Operational Works approval.
17. This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009
being non-trunk infrastructure.
New Roads
18. The new roads shown on the Approved Plans must be constructed in accordance
with the conditions of this Decision Notice and dedicated as road reserve at no cost
to Council.
19. This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009
being non-trunk infrastructure.
20. The new roads as shown on the Approved Plans must be designed and constructed
in accordance with Council’s Planning Scheme Policy 5 – Engineering Design
Standards - Roads, Drainage and Earthworks. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. Reserve and formation widths to an “Access Road” standard;
b. sealing, drainage, kerbing and channelling;
c. construction of pedestrian footpaths in accordance with the conditions of this
Decision Notice;
d. installation of street and pathway lighting; and
e. For roads terminating in a cul-de-sac, a circular turning area of sufficient size to
accommodate the single forward motion turn of a Waste Collection Vehicle
(WCV) clear of private driveways on-street parking and speed control devices.
21. A temporary sealed turnaround facility must be constructed at the end of each road
left temporarily incomplete as a result of the development staging. The temporary
turnaround facility must be in accordance with an Operational Works approval and
must be of sufficient size to accommodate the 3-point turn manoeuvre of a Waste
Collection Vehicle (WCV).
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009
being non-trunk infrastructure.
Property Access and Driveways
22. A residential driveway must be constructed to Lots 43-47. The residential driveway
for Lot 44 must extend for the full length of the access handle. The works must be
undertaken in accordance with an Operational Works approval.
23. Vehicle access to Lots 44-46 is limited to the new road only. A clause must be
included in the contract of sale for Lots 44-46 which prohibits vehicle access being
taken from Elm Street.
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Pedestrian and Bicycle Facilities
24. Pedestrian and bicycle facilities must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. a new 2 metre wide footpath within the road verge for the entire length of the
site’s frontage to Elm Street;
b. a 2 metre wide footpath along southern side of the new road and extending to
the existing pathway in Blue Wren Close;
c. a 2 metre wide path across the frontages of proposed lots 33 and 34;
d. a 2 metre wide footpath between lots 46 and 47 extending from the new path in
Elm Street to the path in the new road; and
e. Pram crossings where applicable.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009
being non-trunk infrastructure.
Stormwater Drainage
25. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval and the Queensland Urban Drainage Manual, and must include in
particular:
a. the works generally as shown on drawing number 1225-33 revision A and dated
06/14 prepared by Callaghan and Toth;
b. provision of kerb adapters for all new lots; and
c. extension of the site stormwater system to accommodate stormwater from
external to the site, including registration of drainage easements.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009
being non-trunk infrastructure.
26. All elements of the stormwater drainage system, including any necessary scour
protection, must be wholly contained within the subject site, existing and/or new road
reserves.
Easements
27. 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.
28. 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.
29. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
30. All fill and associated batters must be contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
31. All earthworks must be undertaken in accordance with the provisions of Australian
Standard AS3798: Guidelines on Earthworks for Commercial and Residential
Developments.
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32. Where the development involves excavation or filling over, or adjacent to, drainage,
water supply or sewerage infrastructure, all access chamber surface levels must be
adjusted to provide a freeboard of 100mm above the finished ground surface level.
33. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
with a commercial grade safety fence.
Electricity and Telecommunication Services
34. Underground reticulated electricity and telecommunication services must be provided
to each lot in accordance with an approval for Operational Works and the standards
and requirements of the relevant service provider.
35. 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.
36. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Street and Pathway Lighting
37. Street lighting and pathway lighting throughout the subdivision shall have a high
energy efficient rating to the reasonable satisfaction of Council and shall generally be
provided in accordance with the principles of Council’s Planning Scheme Policy 5.
UNITYWATER
The following Unitywater conditions are applied in accordance with the South East
Queensland (Distribution and Retail) Restructuring Act 2009 and Unitywater’s Interim
Connections Policy. The conditions below form part of a water connection aspect which are
taken to be a water approval for a staged connection. Any future applications must be
made to Unitywater under South East Queensland (Distribution and Retail) Restructuring
Act 2009. Unitywater can be contacted at [email protected]
Water and Sewerage
38. Reticulated water must be provided to each lot in the development. This must
include:
a. Ensuring that internal water pipes are wholly contained within the lot they will
serve.
b. An approved water meter for each lot in accordance with Unitywater and SEQ
Standard Drawings.
c. Provision of a water service from the existing 100mm diameter water main
located in Blue Wren Place to service each lot within the proposed subdivision
in accordance with Unitywater and SEQ Standard Drawings.
d. Water meters must be located on alternative boundaries to electrical pillars.
e. The fire-fighting demand on Unitywater’s water supply system from the
development must not exceed 15 litres per second.
39. Reticulated sewerage must be provided to each lot in the development. This must
include:
a. Ensuring sewer house drains are wholly contained within the Lot they will serve.
b. Provision of sewerage infrastructure to within the property boundaries of each
lot within the proposed subdivision.
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40. A minimum clearance of 1.5 metres must be maintained between Unitywater sewers
and proposed building envelopes, buildings and other structures
41. Easements of between 3 and 10 metres must be provided over all Unitywater sewers
located within property boundaries in accordance with the SEQ standards.
Easements shall be centred over the pipe. Easement terms shall be the most current
registered dealing held by the Department of Natural Resources & Mines and shall
not be altered or amended.
42. Stormwater retention systems and gross pollutant traps must maintain a minimum
clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure
43. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
Unitywater water mains and 1.5 metres from Unitywater sewerage mains.
Landscaping plants within these clearances must be low growing when mature and
suitable Unitywater approved varieties.
44. Construction works undertaken in the vicinity of Unitywater water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration of infrastructure must be met by the
applicant.
ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH
Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable measures
to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to
fail to comply with the duty of care. Substantial monetary penalties may apply to
individuals or corporations breaching this duty of care. Injunctions may also be issued
by the Land and Resources Tribunal, and the Minister administering the ACH Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal
cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any
obligations under the ACH Act.
Co-ordination of Operational Works Assessment
2. 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
3. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction.
ii. maintenance of safe pedestrian access for the areas affected by the
works during and after daily construction has ceased.
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iii. proposed fencing to the site during the construction phase of the
development.
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled
roads.
v. provision for worker car parking.
b. maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic, services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. details on the location of external fill sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any
damage to the existing road system as a result of haulage operations shall be
fully repaired at the applicant’s expense
g. 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
4. The following property notes shall be placed against the relevant lots advising the
following:
A Rail and Traffic Noise Study has been undertaken for new buildings on this
property. New buildings shall be constructed in accordance with the
conclusions of the study and the Queensland Development Codes (QDC) MP
4.4 – Building in a Transport Corridor (or equivalent codes/guidelines at the
time of building).
No direct vehicular access to Elm Street is permitted.
Development Compliance Inspection
5. Prior to the commencement of the use, please contact Council to arrange a
Development Compliance Inspection.
Unitywater
6. Connection to the Unitywater live water supply and live sewerage system must be
undertaken by Unitywater at the applicant’s cost.
Infrastructure Charges
7. This Development Permit triggers an “Infrastructure Charge Notice” to be issued in
for Council “trunk” infrastructure in accordance with Council’s “Adopted Infrastructure
Charges Resolution” under the State Planning Regulatory Provision (Adopted
Charges) and the Sustainable Planning Act 2009.
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B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The development provides for a practical infill development to support a growing
urban settlement of permanent residents in Cooroy.
2. The proposal is compatible with the residential zoned land surrounding the site;
3. The proposed residential uses are compatible with the constrained site access
provided via Blue Wren Place, with more intensive development unlikely to be
suitable.
4. The use of the site for residential uses will not unduly impact Cooroy’s ability to
provide for a range of community uses.
REPORT
1. PROPOSAL
The application seeks a Development Permit to Reconfigure a Lot (2 into 25 lots & park) and a
Preliminary Approval for a Material Change of Use application made under Section 242 of the
Sustainable Planning Act to allow future development to be carried out in accordance with the
Detached Housing zone. The site is within the Community Services zone and the development of
detached houses is currently inconsistent within the zone. The application is before Council
because it seeks to override the provisions of The Noosa Plan.
The proposed subdivision design involves the creation of a new cul-de-sac connecting to Blue
Wren Place. The layout takes into account the future development rights and access associated
with the adjoining lot to the north (Lot 3 on RP113733). No access is proposed to Elm Street, due
to traffic concerns relating to the site’s proximity to the intersection of Elm Street and Pearsons
Road.
The proposal includes re-profiling the site to direct some stormwater flows towards the waterway
located to the east, while maintaining flows to the undeveloped site to the north. A bio-retention
basin is proposed within the park adjacent to the waterway. The locality and proposal plans are
included as Figures 1 and 2 below.
Figure.1 Locality Plan
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Figure.2 Proposal Plan
2. SITE DETAILS
2.1. Background
There are no existing development approvals over the site.
The 2ha site is currently owned by the State Government and was previously used as a gravel
storage reserve. The applicant indicates that the site has not been used for this purpose for more
than 20 years and has substantially revegetated.
The State previously offered the land to Sunshine Coast Council (SCC) for potential acquisition.
SCC did not purchase the land, as it was considered that Cooroy was generally well catered for
in terms of community and recreation zoned land. Other development approvals for aged care
facilities in Cooroy are also understood to have influenced SCC’s decision.
It is also noted that, as part of the Revenue Share Policy for Local Government Operational Trust
Land, the land has been available for disposal since mid-2008 and the proceeds of the sale are
to be shared equally between the State and Council.
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2.2. Site Description
The 2ha site is located just over 1km to the north of the Cooroy railway station. The site is
currently vegetated by a mix of regrowth native and exotic vegetation. An existing sewer line runs
along the eastern boundary of the site, which is clear of vegetation.
As the site was previously used as a gravel reserve, the natural landform has been substantially
modified, with a depression area within the middle of the site draining towards the north and east.
2.3. Surrounding Land Uses
The site is surrounded by undeveloped Detached Housing zoned lots to the east and north. To
the south of the site is a 5,621m2 lot within the Semi Attached Housing zone (152 Elm St), while
across Elm Street to the west is the railway corridor. A zoning map of the surrounding properties
is shown below:
Figure.3 Surrounding Zone Map
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The applicant also has 3 other concurrent Reconfiguring a Lot applications for subdivision of lot 5
SP266731 & lot 8 SP26674 and provides an indicative subdivision plan of the adjoining site at 2
Pearsons Rd, identifying possible road access arrangements. A map of the relevant applications
and indicative future subdivision design is shown below.
Figure.4 Surrounding Subdivision Plan
Figure.5 Indicative Subdivision Plan for 2 Pearsons Rd
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3. ASSESSMENT
3.1. Preliminary Approval Assessment Framework
The assessment for a Preliminary Approval under Section 242 of the Sustainable Planning Act
2009 must have regard to the relevant State and local planning instruments, the effect the
proposed variations would have on any right of a submitter for following applications, and any
referral agency response.
The application must also demonstrate there are sufficient grounds in the public interest to
approve the development despite the inconsistency with the Planning Scheme. Further comment
about the applicant’s grounds is provided in section 3.3.
3.2. State and Other Statutory Instruments
State Planning Policy
The proposal meets the Interim Development Assessment requirements as described in Part E of
the State Planning Policy (July 2014).
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The South East Queensland (SEQ) Regional Plan Regulatory Provisions apply to the application.
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions.
The SEQ Koala State Planning Regulatory Provisions are not applicable to the site.
3.3. The Noosa Plan
The site is located in the Cooroy & Lake Macdonald Locality and is zoned Community Services.
The proposal to subdivide and develop detached houses on the lots is inconsistent with the zone
provisions and is required to follow an impact assessable application process.
Cooroy & Lake Macdonald Locality Provisions
The relevant Overall Outcomes for the Cooroy & Lake Macdonald Locality Code applicable to the
development are outlined below:
b) The Cooroy and Lake Macdonald Locality support a growing urban and rural settlement of
permanent residents;
k) The town of Cooroy provides a range of community services, schools, medical facilities,
sporting and recreational facilities, which service the hinterland and beyond;
x) For the Community Services Zone—land committed or planned for community
purposes—
i is protected and managed to enable the efficient and timely delivery of community
services; and
ii is consistent with the indoor recreation, education, health, social and safety needs of
the local community, including people with special needs, such as the elderly,
children, low-income earners and disabled persons;
The applicant contends that there are sufficient grounds to approve the application despite the
inconsistency, as the zoning does not reflect the changing circumstances relevant to the
surrounding area, including:
The Community Services zoning is no longer needed to protect the site for use as a gravel
reserve;
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The proposal is within the planned capacity of the surrounding infrastructure networks
(including roads);
Allowing new land for housing is in the public interest, as it contributes to supply and would
help generate new jobs in the construction industry;
The development is compatible with surrounding residential uses; and
There are several other sites in the area used for community services and there is no
identified shortage of services in the area.
An assessment of the issues associated with the proposed change of land use follows below.
History
Historically the land was included in the “Special Use” zone in the 1985 Planning Scheme, given
its purpose as a gravel reserve. The 1992 Cooroy Development Control Plan also included it in
the “Special Uses & Public Facilities” designation. The 1997 Strategic Plan and The Noosa Plan
(2007) included the land in the “Community Services” designation/zone.
Location
Council’s Principal Strategic Planner indicates that the optimum use of the property is likely to be
residential. This is mostly due to the site being physically removed from the town centre, and not
suitable for a community function that supports the operation of the business centre and existing
community services (such as halls, public services, meeting venues and existing indoor social,
recreation or entertainment functions).
Other than an ancillary dwelling unit, the only residential use consistent within the Community
Services zone is Multiple Housing Type 3 - Retirement and Special Needs, meaning housing for
persons who are aged, being nursed or convalescing. Such uses are typically difficult to locate
and the model preferred by service providers relies on large sites to accommodate integrated
facilities with both independent living units and aged care beds.
The site is constrained in that it is surrounded by existing and future housing, restricting its
suitability for community uses that include regular night time or weekend noise. Furthermore, due
to the site’s proximity to the Pearsons Rd and Elm St intersection, any development is restricted
to access only from Blue Wren Place. This road has only been constructed to cater for a limited
amount of traffic, and any community uses that generated a high level of traffic is likely to
adversely impact on residents amenity.
Need
The applicant contends there are other sites within Cooroy zoned for Community Services and
there is no shortage of land for community uses. However, they have not provided a detailed
assessment to support this or otherwise demonstrate an overriding need for housing to be
developed on the Community Service zoned site.
Despite not providing an analysis, it is noted that there have been two significant development
approvals on other Community Services zoned land parcels within Cooroy for residential aged
care facilities, being:
On the 23 June 2010, Council issued an approval to RSL Care (ref: 132007.2398.01) for a
mix of 179 independent living units and 120 aged care beds on the 11.9 ha site, situated at
4 Lamonts Rd & 19 Trading Post Rd. The development is to be located less than 100m to
the north of the subject site and the approval has a currency until June 2016.
On the 29 April 2013, an approval (ref: MCU13/0030) was given for a 23 bed extension to
the Kabara Aged Care Facility at 20 Topaz St. This approval results in the facility being
able to accommodate a total of 94 aged care beds and is located 3km to the south of the
subject site. The approval has a currency until April 2017.
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Council’s Principal Strategic Planner considers that, in the context of Cooroy’s population and the
scale of recent development approvals for Retirement & Special Needs Housing in the immediate
area, it is reasonable to assume that these other developments should meet the need for this
residential use for a 20 year planning horizon.
Overall it is considered there are sufficient grounds to support the proposal, which align with the
Overall Outcomes of the Cooroy & Lake Macdonald Locality Code, being:
1. The development provides for a practical infill development to support a growing urban
settlement of permanent residents in Cooroy.
2. The proposal is compatible with the residential zoned land surrounding the site.
3. The proposed residential uses are compatible with the constrained site access provided via
Blue Wren Place, with more intensive development unlikely to be suitable.
4. The use of the site for residential uses will not unduly impact Cooroy’s ability to provide for
a range of community uses.
Land Use & Works Provisions
The application has been assessed against each of The Noosa Plan codes. The pertinent issues
arising out of the assessment are discussed below:
Reconfiguring a Lot Code
The code seeks new lots that are appropriate for their intended use, and new residential
development consistent with the developed character of the neighbourhood. The site is
predominantly surrounded by existing residential zoned lots, which require minimum lot sizes of
600m2 in the Detached Housing zone and 800m2 in the Semi Attached Housing zone.
The proposed subdivision design provides for a logical extension of the existing, proposed and
future residential developments accessed via Blue Wren Place. The design provides for a variety
of lot sizes greater than 600m2 and promotes pedestrian accessibility, connecting to the trunk
pathway network along Elm Street.
Due to the site’s history as a gravel storage yard, the topography is irregular. The applicant
indicates earthworks and clearing are required to ensure adequate roads, drainage and other
infrastructure can be constructed to service the new lots. The proposed design takes into
consideration existing watercourses traversing the site and ensures the flow of these are
maintained to adjoining properties, consistent with the outcomes sought by the code.
Park Provision
The Specific Outcomes of the code require provision of public open space & active recreation
areas designed and located to be easily accessible, contribute to the legibility and character of
the locality and cost effective to maintain. The lower sections of the site, adjacent the existing
waterway are to be included as a revegetated park for drainage and environment purposes. This
part of the site is included within the Riparian Buffer Area on the Biodiversity Overlay Maps, and
the design avoids new development (except for a bioretention basin) within this mapped buffer
area.
The applicant does not propose any active recreation areas as part of this subdivision, instead,
proposes a new recreation park on the adjacent site to the east, as part of development
application REC13/0146 (1 into 16 lots), which is less than 100m from the site.
Road & Rail Corridor
A Specific Outcome of the code seeks lots for residential developments are not subject to high
traffic noise levels from the major road network or rail corridors. The applicant includes an
acoustic report prepared by Renzo Tonin Ron Rumble & Associates, recommending a series of
2.3-2.5m high noise barriers be constructed along the Elm Street frontage of the site to reduce
the noise levels below 60dBA to all lots.
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The report also recommends controls on future buildings be implemented, to reduce noise
associated with the railway, including treatment for glazing, walls, doors, floors and roofing to the
facades of new houses. The measures are not considered too onerous a burden for future
owners and are consistent with the Queensland Development Codes (QDC) MP 4.4 – Building in
a Transport Corridor.
It is recommended that a 2m strip of land within proposed lots 44-47, adjacent to Elm Street be
dedicated as reserve, to establish screening vegetation and minimise the visual impacts of the
fence when viewed from the Major Road Network.
Access from Blue Wren Place
Blue Wren Place adjoins Lake Macdonald Drive and includes 11 existing houses, which directly
access the road. The road reserve is 15m wide with a 6m carriageway (kerb to kerb). Planning
Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks describes
this road type as an ‘Access Road’ capable of catering for up to 60 lots or 600 vpd.
The cumulative number of vehicles proposed to use this road as a result of the existing,
proposed and future developments is expressed within the table below:
Residential Development Number of lots
Existing 11
REC13/0146 (1 into 16) 16
Current application (2 into 25) 25
Future concept for 2 Pearsons Rd 10
Total 62
With the future concept development of 2 Pearsons Rd, the total number of lots proposed for the
ultimate development of the catchment for Blue Wren Place marginally exceeds the maximum
described in PSP 5 for an “Access Road” (6.0m kerb to kerb – 15m reserve). The next higher
category of Road within the policy is a “Local Road” (8.0m kerb to kerb – 17m reserve), which
has the capacity to cater for 200 lots.
Council’s Senior Development Engineer does not consider it reasonable for the developer to
provide the “Local Road” formation in the existing part of Blue Wren Court, due to the limited
reserve width and the impacts on existing services and residents. To reduce potential parking
impacts, it is reasonable to require the developer to provide a number (potentially 4) of indented
parking bays within the existing road reserve of Blue Wren Court.
Engineering Works Codes
As part of the Trading Post Rd approval for RSL Care (132007.2398.01), conditions were
imposed for the developer to construct a bus stop in front of the subject site. While this
development is yet to proceed, the requirement for a bus stop within this location is still
warranted and is also conditioned as part of this application.
The developer will be required to provide a new path in the Elm Street frontage of the site
together with a new pathway connection through the site connecting Elm Street to the existing
pathway in Blue Wren Place.
Natural Hazards (Flood) Overlay Code
All proposed residential lots and associated infrastructure are located outside of the 1%AEP
Flood Hazard Area. Access to the lots is via Blue Wren Place, which has been designed to be
trafficable in a Q100 event. The development therefore meets the outcomes of the code.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Biodiversity Overlay (Riparian Buffer Area)
A small portion of the proposed new road and the bio retention basins are within the mapped
Riparian Buffer Area. The code seeks that vegetation of local origin within these areas is
conserved to ensure its ongoing contribution to the natural resources by avoiding edge effects
and incompatible uses in the riparian zone.
The development will require clearing approximately 3 existing native trees within the mapped
buffer area. The clearing is required to accommodate the bio retention basin, which is designed
to treat the water from the development site. This infrastructure is located above the 1%AEP
flood line and is more than 15m from the top of the existing waterway bank.
The location of the basin within this mapped buffer does not conflict with the outcomes of the
code, as there is opportunity for substantial revegetation and rehabilitation of the existing
waterway and associated ecosystem.
4. CONSULTATION
4.1. IDAS Referral Agencies
The application was referred to the State Assessment Referral Agency (SARA) in relation to the
following concurrence matter:
Department of Transport & Main Roads
The Department is a concurrence agency for development adjoining a Main Road (Elm Street)
and near a railway corridor. The State Assessment Referral Agency responded on the 14 May
2014, requiring conditions be imposed on any development permit, including:
The erection of a 2.5m noise barrier between the houses and Elm Street in accordance
with the Renzo Tonin Ron Rumble Acoustic Consultants study; and
No vehicular access permitted between the subject site and Pearsons Rd/Elm Street.
4.2. Other Referrals
The application was forwarded to Unitywater and the following specialists:
Coordinator Engineering.
Principal Strategic Planner.
Community Development Coordinator.
Senior Ecologist.
External Flood Specialist.
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. 10 properly made submissions were received. The following table provides a
summary and assessment of the issues raised by submitters.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Issues Comments
Detached houses are inconsistent within the Despite detached housing being inconsistent with the
zone. Community Services zone, it is considered there are
sufficient grounds to approve the development.
The site is listed as High Value Bushland for The site is not mapped within a ‘Koala Assessable
koalas. Development Area’ by the SEQ Koala State Planning
Regulatory Provisions.
The Noosa Plan’s Biodiversity overlay also does not
map the site as being a Koala Habitat Areas.
Blue Wren Place is not constructed to a Blue Wren Place is constructed to a Local Access
standard able to cater for the increased standard, which is considered suitable to cater for the
number of houses. There is also no overflow proposed development. Conditions are also
parking available in Blue Wren Place and this recommended for the developer to provide for indented
development will make the existing traffic parking bays within the existing road reserve of Blue
problems worse. Wren Place.
The new road accessing Elm Street is not The new road reserve area is 5m wide in size and is
consistent with the concurrence agency proposed for pedestrian access only. This is consistent
response. with the Department of Transport and Main Roads
concurrence agency conditions restricting vehicular
access to Elm Street.
Inadequate active recreational areas provided As part of the adjacent subdivision design, 685m 2 of
on the site. active parkland is proposed to be built by the developer.
This is located less than 100m from the subject site.
Noise barriers along Elm Street will not work. Renzo Tonin Ron Rumble Acoustic Consultants have
undertaken a Rail and Traffic Noise Study for the
proposed subdivision design. Modelling within the study
finds that a series of 2.3m-2.5m high fences along the
Elm St frontage will reduce the traffic noise below
60dBA for all lowset houses within the development.
As part of the Queensland Development Codes (QDC)
MP 4.4 – Building in a Transport Corridor any new
building work will need to achieve compliance with the
code and will be assessed as part of the building
certification process.
Potential flood impacts on the adjoining creek The proposed bioretention and detention basins will
and associated water surge problems result in no additional flows from the site.
downstream.
Potential scouring impacts on 2 Pearsons Conditions are recommended for all elements of the
Road as a result of the development. stormwater drainage system, including any necessary
scour protection, to be wholly contained within the
subject site.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Issues Comments
Loss of native fauna habitat. The proposal requires the clearing of 3 trees within the
mapped riparian buffer area of the Biodiversity Overlay
for the creation of the bioretention basin.
A condition is required for the 750m 2 of drainage and
environmental park area adjacent to the waterway to be
rehabilitated and revegetated, providing a vegetated
corridor through the development. This rehabilitation
offsets the removal of the trees for the basin.
The balance of the site is not mapped as either
Environmental Enhancement or Environmental
Protection vegetation.
Potential stormwater impacts on 154 Elm St The site is to be regraded to drain to the new road and
the preliminary stormwater design includes inter-lot
drainage servicing 154 Elm Street.
5. CONCLUSION
In deciding whether to issue a Preliminary Approval to develop detached houses on the 2ha
Community Service zoned land in Cooroy, there must be sufficient grounds in the public’s
interest to allow for the development.
The applicant has not provided a detailed need analysis to justify the loss of the Community
Service zoned land. Despite this, there are reasonable grounds due to the site’s access
constraints, the location away from the Business Centre and the adjoining residential zones.
Further, since zoning the site for Community Services in 2007, there have been other significant
development approvals for Retirement & Special Needs Housing in the immediate area. These
are likely to meet the need for this residential use for the next 20 year planning horizon.
The proposed development for detached housing is within the existing urban footprint and
provides for a practical infill development within an already established and planned residential
area of Cooroy. While the proposed use raises a conflict with the Cooroy and Lake Macdonald
Locality Code, it is considered that the following grounds are sufficient to support the proposal:
1. The development provides for a practical infill development to support a growing urban
settlement of permanent residents in Cooroy.
2. The proposal is compatible with the residential zoned land surrounding the site.
3. The proposed residential uses are compatible with the constrained site access provided via
Blue Wren Place, with more intensive development unlikely to be suitable.
4. The use of the site for residential uses will not unduly impact Cooroy’s ability to provide for
a range of community uses.
The application is therefore recommended for approval, subject to conditions.
Departments/Sections Consulted:
x Community Services x Planning & Infrastructure
Disaster Management & Public Order x Building & Plumbing Services
Waste & Environmental Health x DA Planning
x Community Facilities x Strategic Land Use Planning
Cultural Facilities x Asset Design & Investigations
Asset Planning
Civil Operations
Environment
x
Executive Office Corporate Services
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
5 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR AN
UNDEFINED USE - TEMPORARY SHORT-TERM SELF-CONTAINED RV STOP AT 154
HOLTS ROAD, COOROY - MCU14/0060
DOCUMENT IN FOR MATI ON
Author Coordinator Planning, Denis Wallace
Planning & Infrastructure Department
Index ECM/ Application/ MCU14/0060
Attachments 1. Proposal Plan
APPLICATION DETAILS
Applicant J Morrow
C/- Max Watterson & Associates
Proposal Material Change of Use - Undefined Use - Temporary Short-Term Self-
Contained RV Stop
Properly Made Date 4 August 2014
Information Request Date 21 August 2014
Information Response Date 3 October 2014
Decision Due Date 27 November 2014 (First Decision Period)
Number of Submissions 4 Properly Made Submissions
PROPERTY DETAILS
Property Address 154 Holts Road, Cooroy Qld 4563
RP Description Lot 2 RP 893989
Land Area 2.36ha
Existing Use of Land Nursery and Detached House
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Locality Cooroy & Lake Macdonald
Zone Rural
Overlays Medium Bushfire Hazard Area, Extractive Resource Buffer Area &
Water Supply Catchment Area
Assessment Type Impact
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 9 December 2014 regarding Application No. MCU14/0060 for a
Temporary Development Permit for a Temporary Short Term Self-Contained RV Stop situated at
154 Holts Road, Cooroy and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. 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
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed below and as
may be amended by the conditions herein.
Plan No. Rev. Plan/Document Name Date
13-3461AB - Plan of Proposed (Temporary) Short-Term, Self- 04/07/14
Contained RV Stop at Lot 2 on RP893989 prepared
by Max Watterson + Associates
Nature and Extent of Approved Use
3. No more than 20 Recreational Vehicles (RV’s)(caravans, motorhomes or the like)
may stay at the site at any one time.
4. Visitor stays shall not exceed 14 consecutive days.
5. All RV’s shall be fully self-contained and must retain all grey water and black water
via holding tanks.
6. No on-site release of grey water is permitted.
Visitor Education
7. Visitors must be advised of the following requirements:
a. No on-site release of grey water or other waste
b. Location of nearest dump point and potable water supply
c. All dogs must be on a leash when walked in the area and must be restrained at
all times during the stopover period
d. Owners must pick up and collect their dogs’ faeces
e. Consideration be given for residents and road users when walking in the area
f. Noise must be minimised after 8.30pm
Street Identification
8. The street address of the development must be clearly visible from the Holts Road
frontage of the site by the provision of a street number.
9. Access to the site must be clearly signed with a sign of up to 1m 2.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Temporary Development Approval
10. This temporary development approval expires in two (2) years on 18 December 2016.
Upon request, Council may provide written consent to extend the approval on an
annual basis having regard to the status of the adjacent mining lease, the degree of
compliance with the approval conditions herein and the complaint history relating to
the development.
ENGINEERING
General
11. The developer must meet any costs to repair damage to any Council or public asset
during construction, where damage is a result of the development works. Damage to
assets must be repaired immediately where it creates a hazard to the community. In
circumstances where the damage does not create a hazard to the community, it must
be repaired immediately on completion of the works associated with the
development. A condition report including photographs of the frontage of the site
should be completed and kept for future reference and made available to Council if
required.
Driveway and Internal Roads
12. Sealed crossovers must be provided for the two accesses to the site in compliance
with the following:
a. IPWEAQ Standard Drawing SEQ R-056.
b. Designed and certified by a RPEQ
c. Have a minimum width of 4.0m at the property front boundary line.
13. Internal roads must:
a. Have a minimum width of 3.0m and widened where necessary to provide
passing opportunities for vehicles using the site.
b. Be all weather construction (sealed or compacted gravel) suitable for the
anticipated traffic and load of vehicles using the site.
c. Be provided with adequate stormwater drainage that prevents undue erosion or
surface deformation or settlement.
Excavation and Filling
14. All earthworks shall be undertaken in accordance with the provisions of AS 3798
“Guidelines on Earthworks for Commercial and Residential Developments”.
Stormwater Drainage
15. Stormwater drainage works and water quality devices and measures must be
provided and maintained in accordance with the approved engineering plans and in
compliance with the Stormwater Quality Management Plan included in the
Stormwater Drainage for No 154 Holts Rd Cooroy Report dated 26 September
2014, Ref No: 1432 IWMP.doc, prepared by Callaghan & Toth. Particular attention
must be given to the construction and maintenance regime of the two proposed
Sediment Basins. The drainage works and basins must be certified by an RPEQ on
completion.
16. Stormwater runoff from the development must be disposed of on-site without
causing scour or damage to the subject site, the dam or any adjoining property.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Erosion and Sediment Control
17. The developer must ensure non-essential, short or long term, exposure of soil is
prevented by minimising the duration of soil exposure to adverse weather conditions
and effectively turf or stabilise any exposed area without delay and prior to rainfall
occurring.
18. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or the dam on the site due to surface runoff on tyres of vehicles and/or
machinery. The developer must implement appropriate approved erosion and
sediment control measures throughout the site during all phases of construction and
the ongoing operation of the site.
19. Prior to the completion of the development, all site surfaces must be effectively
stabilised using methods which have achieved effective short-term stabilisation and
which will continue to achieve effective stabilisation in the medium to long-term. For
the purpose of this condition, an effectively stabilised surface is defined as one that
does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill
or gully erosion or lead to sedimentation, or lead to water contamination.
20. The supervising engineer and applicant are responsible to ensure that the
implemented, short and long term, erosion controls measures are effective and
regularly maintained to cater for all weather conditions.
After Completion of Works
21. Prior to the commencement of use and the engineering certification of the works by
the supervising engineer (RPEQ), a combined inspection of the completed works by
Council’s Inspector/s and the supervising engineer is required. Please contact
Council on 5329 6244 to arrange the inspection.
Waste
22. The developer must provide adequate waste storage and disposal facilities.
23. Refuse bins must not be placed on the existing road formation of Holts Road. A
suitably sized all-weather pad shall be constructed adjacent the driveway entrances
to provide for waste bin collection.
ADVISORY NOTES
Engineering Certification
1. Council has undertaken an audit check of the submitted plans in relation to the
proposed works. A detailed check of the calculations and drawings has not been
undertaken, as they have been certified by a RPEQ. The RPEQ bears full
responsibility for all aspects of the engineering design. Council reserves the right to
require further amendments and/or additions at a later date should design errors
become apparent.
General Environmental Advisory Note
2. The Environmental Protection Act 1994 states that a person must not carry out any
activity that causes, or is likely to cause, environmental harm unless the person takes
all reasonable and practicable measures to prevent or minimise the harm.
Environmental harm includes environmental nuisance. In this regard persons and
entities, involved in the civil, earthworks, construction and landscaping phases of this
development are to adhere to their ‘general environmental duty’ to minimise the risk
of causing environmental harm.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Aboriginal Cultural Heritage Act 2003
3. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable measures
to ensure the activity does not harm Aboriginal cultural heritage.” It is an offence to
fail to comply with the duty of care. Substantial monetary penalties may apply to
individuals or corporations breaching this duty of care. Injunctions may also be
issued by the Land and Resources Tribunal, and the Minister administering the Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal
cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to
discuss any obligations under the ACH Act.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
planning scheme:
1. The development will help to address a significant need for low-cost accommodation
for self-contained RV travellers in the Noosa area.
2. The development will provide economic and community benefit through increased
visitation to the Noosa hinterland.
3. The development provides for the adaptive re-use of the existing nursery on the site.
4. The site’s location near the Bruce Highway is appropriate to cater for self-contained
RV traveller’s needs.
5. The development will not have significant adverse impacts on residential amenity or
water supply quality.
REPORT
1. PROPOSAL
The application seeks a Development Permit for a Material Change of Use of premises for a
Recreational Vehicle (RV) Stop, which is an undefined use under The Noosa Plan. The site is an
approved wholesale nursery that currently operates well below its former capacity. The applicant
proposes to allow up to 20 self-contained RV’s stay on the premises for short term stays. In
order to overcome planning constraints relating to a mining lease for the dormant Nandroya
Quarry pit on adjoining land, the applicant seeks a temporary approval of 2 years only with an
annual renewal process thereafter.
Self-contained RV’s are to be parked within 10m x 20m spaces on existing gravel pads
throughout the site. No new infrastructure is proposed, other than stormwater management
improvements. The application states that RV’s staying at the site must be fully self-contained
and have their own water supply, ablutions and storage for grey and black water.
A copy of the proposal plans is included as Attachment 1. The application is before Council due
to the fact that the use is not defined by The Noosa Plan and raises planning conflicts.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
2. SITE DETAILS
2.1. Background
The existing wholesale nursery use on the site was approved by Council in 1997 (07818TP).
A series of pre-lodgement meetings, discussions and site inspections were held with the
applicant, commencing in September 2013. Council staff advised of the significant impediments
to gaining a self-contained RV Park approval on the site, in particular that the site is within a
mapped extractive resource buffer area to the adjacent quarry and therefore visitor
accommodation development was not consistent with The Noosa Plan. Other important issues
raised with the applicant included water quality, residential amenity and need.
The applicant commenced the use in approximately May 2014 prior to lodging a development
application. The site is listed as “Cooroy No Worries Caravan and Motor Home Parking” on the
Youcamp.com website, which states the site caters for “self-contained caravans, motor homes,
5th wheelers and small clubs”. Council received complaints and the applicant was advised to
cease the use or seek a development approval. Complainants have been advised that the
applicant has now sought a development permit and the matter is pending a decision on the
application.
2.2. Site Description
The site is generally rectangular in shape, has an area of 2.36ha and a 250m frontage to Holts
Road. The land falls approximately 10m from west to east but is almost entirely terraced with
gravel pads created for the nursery. Limited areas of mounded or sloping garden beds occur
around the perimeter of the site and between the terraced areas. A small house sits in the
middle of the lot and is surrounded by lawn and gardens. A caretaker’s cabin and number of
sheds associated with the nursery have also been established.
A dam constructed within an existing local drainage line sits at the bottom of the site along the
eastern boundary. The majority of the site drains into the dam via existing swales and pipework.
Overflow from the dam flows to the north toward the continuation of Holts Road parallel with the
highway. The site is located within the southern extent of the water supply catchment area for
Lake Macdonald.
2.3. Surrounding Land Uses
The site is surrounded by rural and rural settlement properties on a mix of lot sizes generally
containing a single detached house. Nandroya quarry pit (shale and clay) is on adjoining land to
the north. The quarry has recently been re-profiled and substantially rehabilitated and is not
being actively quarried but a mining lease remains in place.
The Bruce Highway is approximately 250m to the east of the site, with underpass and access
ramps located 1km to the north along Holts Road. The highway access and egress is currently
being upgraded as part of the highway upgrade works. A State owned industrial estate, known
as Nandroya Estate, sits 600m to the north between the site and the highway access. It
comprises 8 large industrial lots that are yet to be developed, though temporary engineering
offices associated with the highway upgrade currently occupy one lot.
A locality plan and aerial photograph of the site is shown below. Approximately 14 vans or RVs
are visible on the site in the photograph taken in September 2014.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
Figure 1 – Locality Map
Figure 2 – Aerial Photograph
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 9 DECEMBER 2014
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory instruments relevant to this application are discussed in the sections that
follow.
3.2. State and Other Statutory Instruments
State Planning Policies
The application is consistent with the interim development assessment requirements of the State
Planning Policy 2014.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Regional Landscape and Rural Production Area of the SEQ
Regional Plan. Assessment against the SEQRP regulatory provisions are not triggered because
the proposed short-term accommodation is for less than 300 people. The proposal is otherwise
generally consistent with the regional policies of the SEQ Regional Plan.
3.3. Planning Scheme – The Noosa Plan
The subject site is located in the Cooroy and Lake Macdonald Locality and is zoned Rural under
The Noosa Plan. The planning scheme does not currently list an RV stop as an identified land
use. A caravan park is the most comparable defined use but is associated with communal
facilities and the right to include cabins and the like. As such, it is considered appropriate that
the use is deemed undefined and subject to an impact assessable application process.
Locality Provisions
As the use is undefined, it is not specifically contemplated or provided for in the Cooroy and Lake
Macdonald Locality Code’s provisions for the Rural zone. However, the Code does provide
some guidance for the assessment of new uses in rural areas. The primary considerations for
new uses under the Code are:
Whether the use can operate on the site while maintaining the amenity of surrounding
residents
Whether the use can avoid reverse amenity impacts on the lawful operation of the quarry
on adjacent land if it recommences
Whether the use has locational requirements that support its establishment on the
proposed site
These are discussed in the following section.
Land Use, Works and Overlay Provisions
The following codes are most applicable to this application:
Visitor Accommodation Code
Engineering Works Codes
Landscaping Code
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