2019-12-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                            10 DECEMBER 2019


RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 December 2019 regarding representations made in relation to
Application No. MCU19/0017 for a Development Permit for Material Change of Use - Ancillary
Dwelling Unit, Commercial Business - Type 1 Office, Commercial Business - Type 2 Medical and
RAL19/0004 for a Reconfiguration of a Lot – Access Easement (alteration of existing) situated at
36 & 40 Hofmann Dr, Noosaville and:
A.   Agree to amend Condition 24 to read as follows:
     24.   Appropriate sight lines from the basement car park must be demonstrated with any
           operational works application and prior to the issue of any Operational works
           approval. The sight lines must be generally in accordance with the drawing titled
           Change to Carparking & Proposed Easements Plan, Reference No. D-02391.01-C,
           dated 12.09.2019 and AS/NZS2890.1:2004. Prior to the issue of the development
           approval for any operational works:
           a.    The survey plan for the required easements within the adjoining property (Lot 5
                 on SP264847) and the associated easement documents are to be approved to
                 confirm compliance with conditions by Council.
           b.    A written undertaking from the developer (solicitor or alternative acceptable to
                 Council) must be provided to Council that confirms that the easement
                 documents will be submitted with the State Titles Registry in conjunction with
                 the cadastral survey plan upon completion of the relevant civil works on the
                 site. The easements must be registered and copies of the registered
                 documents submitted to Council prior to the commencement of the approved
                 use. The easement documents must be registered within 30 days from the date
                 of the issue of the Operational Works approval.
B.   Agree to delete Condition 34.
C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.   BACKGROUND
A Development Permit for a Material Change of Use - Ancillary Dwelling Unit, Commercial
Business - Type 1 Office, Commercial Business - Type 2 Medical and RAL19/0004 for a
Reconfiguration of a Lot – Access Easement (alteration of existing) was issued on 24 October
2019.
The applicant suspended the appeal period and made representations on 5 November 2019 to
the development approval conditions. The representations are detailed below and primarily relate
to sight lines associated with access to the site.
2.   ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Condition 24
Appropriate sight lines from the basement car park must be demonstrated with any operational
works application and prior to Operational works approval. Any associated easements must be
registered and available prior to the issue of an Operational works approval.




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