Delegated Report - Code - Planning RAL21 0018

Author	Consultant Planner
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0018
Applicant	Lyndal Faye Petersen Steve Arnold
Proposal	Reconfiguring a Lot – 1 into 3
Properly Made Date	9 August 2021
Information Request Date	27 August 2021
Information Response Date	27 January 2022
Decision Due Date	12 May 2022
Report Completed Date	12 May 2022
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	130 Lake Macdonald Dr Cooroy Qld 4563
RP Description	Lot 233 MCH 4301
Land Area	48390 m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Rural Living
Zone	Rural Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity overlay (area of biodiversity significance, riparian buffer, MSES regulated vegetation – category R GBR riverine) Bushfire Hazard Overlay (medium potential intensity and impact bushfire) Extractive Resources Overlay (resource separation area) (quarry no longer applicable as now rural residential land) Landslide Hazard Overlay (high hazard and moderate hazard)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot – 1 lot into 3.
The proposal involves the subdivision of the existing Lot 233 MCH4301 into:
Proposed Lot 11 with an area of 1.8ha
Proposed Lot 12 with an area of 1.52ha
Proposed Lot 13 with an area of 1.512ha
Proposed Lot 11 will be accessed via an existing service road, and a new shared access at the boundary of lots 12 and 13 is proposed via Lake MacDonald Drive.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Proposal Plan
site details
Background
A prelodgment meeting was held on 16 March 2021 (PLM21/0005), with advice was offered with respect to the proposed irregular shape of the allotments not likely to be supported by Council.
The proposed reconfiguration plan lodged as part this application has rectified the issues raised within the prelodgment meeting.
Site Description
The subject site comprises an area of 48338m2 and slopes up from Lake MacDonald Drive to the rear of the site.  An existing dwelling house and shed are located within the southern end of the subject site and access is gained via an existing driveway from Lake MacDonald Drive. The rear and side boundaries of the site includes mature vegetation, and an existing water pipeline easement which provides services for Unity water.
Surrounding Land Uses
Surrounding land uses mostly comprise of rural residential lifestyle allotments with the extents of the township of Cooroy located further south of the site.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Residential Zone Code;
Reconfiguring a Lot Code;
Works Codes’
Bushfire Hazard Overlay Code’
Biodiversity, Waterway and Wetlands Code.
The subject site is located in Cooroy and is zoned Rural Residential. The proposed Reconfiguration is identified as consistent within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site Area	Minimum 1.5 ha	Lot 11 – 1.804 ha Lot 12 – 1.52 ha Lot 13 – 1.512 ha	Yes Yes Yes
Minimum Width	30 metres	Lot 11 – 119 metres Lot 12 – 67 metres Lot 13 – 115m	Yes Yes Yes

Reconfiguring a Lot Code
Acceptable Outcome AO7.3
All reconfigured lots on land subject to a constraints or valuable feature identified on an overlay map contains a building envelope marked on a plan of development that demonstrates that there is an area sufficient to accommodate the intended purpose of the lot, that is not subject to the constraint or valuable feature or that appropriately responds to the constraint or valuable feature.
Parts of the site are mapped as being with the Moderate Hazard Area and a small part of the site is mapped as high hazard area adjacent to the existing shed.   A significant part of the site is mapped as being outside of the hazard areas.  The applicant has provided proposed house site areas that demonstrates that the house site areas are not located within the landslide hazard areas.
Overlays
The subject site is mapped for the following overlays:
Biodiversity overlay (area of biodiversity significance, riparian buffer, MSES regulated vegetation – category R GBR riverine)
The proposal has no impact upon the areas mapped as having biodiversity significance or riparian buffer.   The boundaries are generally clear of existing vegetation and the buffer relates to the water course located on the opposite side of Lake MacDonald Drive.

Extractive Resources Overlay (resource separation area)
The clay resource located northwest of the site identified by the overlay no longer has a mining lease and has since been rehabilitated and redeveloped into rural residential lots.

Bushfire Hazard Overlay (medium potential intensity and impact bushfire)
The proposal ensures that the development does not increase risk to people or severity of risks associated with hazard overlays.   The area mapped for medium bushfire hazard is limited to the north-eastern boundary with the existing dwelling and houses site areas located outside this area.

Landslide Hazard Overlay (high hazard and moderate hazard)
A Geotechnical report has been submitted to address the Landslide Hazard Code and house site areas are not located in the landslide hazard overlay areas.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Mark Lewis (engineering) – comments below and conditions recommended.
The submitted material includes:
preliminary engineering designs for the new driveways and house pads,
a geotechnical investigation for lots 11 and 12 (the new house sites) and
commentary advising that the existing vehicle access along the service road will not increase traffic demand (currently 1 access for the development site and 2 other properties and proposed 1 access for the development site and 2 other properties). It is considered that no improvements to this access are required.
It is noted that the access driveways to the house sites on Lot 12 & 13 are of significant length and have steep grades and the building pads for Lots 11 & 12 require significant earthworks. It is recommended that conditions be included for the accesses and building pads to be constructed as part of the reconfiguration works to ensure that they are constructed to the relevant standards and will remain viable in the longer term.

conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL21/0018 for a Reconfiguring a Lot – 1 into 3 lots situated at 130 Lake Macdonald Dr Cooroy Qld 4563 and described as Lot 233 MCH 4301, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0018
Street address:	130 Lake Macdonald Dr Cooroy Qld 4563
Real property description:	Lot 233 MCH 4301
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – 1 into 3 lots
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
10-3018AF	-	Plan of Reconfiguration of Lot 233 on MCH4301, prepared by Max Watterson and Associates	13-12-2020
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 12 May 2026, unless an application to extend the currency period is approved by Council.
Landscaping
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Property Access and Driveways
A residential driveway must be constructed to Lots 11, 12 and 13. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 2151-06A prepared by Callaghan and Toth dated March 2022. The works must include in particular:
A driveway intersecting with the road formation that is generally in accordance with Council’s Standard Drawings and AS/NZS2890.1:2004;
A minimum width of 5.5m in the road reserve and sufficient width within the site to allow vehicles to pass;
A 4m formation and include passing opportunities;
The driveway extending from the existing internal access to the building pad for Lot 11;
The driveway extending from the road formation in Lake Macdonald Drive to the building pad for Lot 12;
The driveway extending from the road formation in Lake Macdonald Drive to the existing internal access driveway for Lot 13;
Stormwater drainage.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Reciprocal easements for access and services must be registered against the titles of proposed Lots 12 and 13. The easement must be a minimum of 10m wide or be of sufficient width to wholly encompass the services, the driveways and any associated batters/drainage
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
All subdivisional works and earthworks must be carried out generally in accordance with the recommendations contained in the Geotechnical Investigations Project No. 211222 letter 01 revision 0 and Letter 02 Revision 0 prepared by ARCOS dated 9 December 2021
*(Refer to Advisory Note)
At the completion of the works certification must be submitted to Council from a qualified person* which certifies that:
the subdivisional works have been constructed in accordance with the recommendations contained in the approved Geotechnical Report for the development
the subdivisional works (drainage, services and driveways) are stable and will remain so over the long term
a stable building pad has been constructed on Lots 11 and 12 and that the pad will remain stable over the design life of a dwelling for the long term
the works have a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Geotechnical Stability - Future Dwelling Requirements
All future dwellings on the approved lots must be sited and/or constructed in accordance with the recommendations contained in the Geotechnical Investigations project No. 211222 letter 01 revision 0 and Letter 02 Revision 0 prepared by ARCOS dated 9 December 2021, unless varied by a site specific investigation for a particular house lot.
All future dwellings on the approved lots must be sited within the building envelopes shown on the Approved Plans.
Earthworks and Retaining Walls
All earthworks for the building pads and associated retaining structures/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.
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.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
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.
maintenance of safe vehicle access for the areas affected by the works during and after daily construction has ceased.
proposed fencing to the site during the construction phase of the development.
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads.
provision for worker car parking.
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public and emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
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
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.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
RAL21/0018 - Geotechnical Stability
The following notation applies to approved lots 11 and 12:
To ensure the geotechnical stability of this lot is maintained, all buildings and structures must be sited and/or constructed in accordance with the geotechnical conditions of Council Approval RAL21/0018 and associated Operational Work approvals.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Driveways / Earthworks
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image2.png (image text)]
   
 
      

PLAN OF PROPOSED
RECONFIGURATION
OF LOT 233 ON
MCHa301.