Delegated Assessment Report REC17/0022

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	REC17/0022
	
Author:	Patrick Murphy
	
Project Director:	Patrick Murphy
	

SUMMARY:

APPLICATION DETAILS
Applicant:	Altum Properties No 4 Pty Ltd TTE
Proposal:	Development Permit to Reconfigure a Lot - Layered CTS (25 Lots) & Access Easement
Properly Made Date:	03/07/2017
Information Request Date:	8 August 2017
Info Response Received Date:	23/08/2017
Date of Site Visit:	4 September 2017
Decision Due Date:	19 October 2017
Number of Submissions:	0

PROPERTY DETAILS
Property Address:	Resort Dr NOOSA HEADS  QLD  4567
RP Description:	Lot 6 SP 178340 Lot 7 SP 178340
Land Area:	1.1800ha 4.2620ha
Existing Use of Land:	Vacant land for which two separate development approvals have been issued for the development of a total of 182 dwelling units and facilities building

STATUTORY DETAILS
Planning Scheme:	The Noosa Plan (28 October 2016)
Planning Locality:	Noosa Heads
Zone:	Semi-Attached Housing
Assessment Type:	Code

PROPOSAL:

The application is for a Development Permit for a Reconfiguration of a Lot subject to a layered Community Title Scheme and Access Easement.

The applicant advises that the general structure of the proposed CTS comprises a Principle CTS over the whole of the subject land with nine Subsidiary CTS’s. Delivery of this outcome is intended to be achieved by the creation of up to 26 building format plan phases, wherein a balance lot is created with each BFP stage.

The following image details the proposed lot layout

Figure 1: Proposed lot layout

SITE DETAILS:
Background / Site History
The site is located within Precincts E2 and F of the Noosa Springs development at Links Drive, Noosa Heads.  Noosa Springs is a master planned residential golf estate, with most development on the site completed.  The subject sites have remained undeveloped and were recently purchased by the applicant.

The current development approvals applying to each precinct are:

Precinct	Application No.	Decision and Date
E2	MCU15/0109	Development Permit for Material Change of Use of Premises – Multiple Housing Type 4 – Conventional (37 units).
F	132005.1133.06	Development Permit for Material Change of Use for 145 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym
Site Description
The site comprises to separate titles with a combined area of 5.44ha.

Precinct E2:

The site is a 1.18ha irregularly shaped allotment located on the western slopes of a high dune on the eastern side of the Noosa Springs development.  The lot has frontage to Resort Drive of approximately 290 metres though resort drive ends at a cul-de-sac head halfway along the frontage and the eastern half is unformed/vegetated.  Part of the site was used as a sand quarry in the past, with most of the quarry area located on the adjoining Precinct F site to the north. The land falls from a ridgeline on the eastern boundary sloping down to the Resort Drive along the western boundary.  Most of the site slopes moderately to the southwest at around 15% but there are very steep slopes on the excavated quarry batters near the northern property boundary.

Most of the site has been previously cleared of vegetation.  Some scattered mature White Cypress Pines (Callitris columellaris) and Brush box (Lophostemon confertus) are located near the southern boundary and rear of the site. The road reserve to the south of the site contains remnant vegetation with mature White Cypress Pines, Bloodwoods (Corymbia intermedia) and Brush box, a shrub layer of Banksia, Alyxia, Acacia, Persoonia  and a sparse ground of Austromyrtus dulcis and Lomandra.  There are occasional occurrences of weed species including asparagus fern, umbrella trees and lantana, mainly along the forest edges.

The majority of the development site is mapped as containing “Non-remnant” vegetation and does not contain any mapped regrowth vegetation, according to the Vegetation Management Act 1999.  A minor portion of the site towards the south eastern ridge line contains mapped remnant vegetation (approximately an area of 300m2). The road reserve to the south (unformed) contains remnant vegetation.

Precinct F

The site is a 4.262ha irregularly shaped allotment located on the western slopes of a high dune on the eastern side of the Noosa Springs development and has a frontage to Resort Drive of approximately 315 metres.  Most of the site was used as a sand quarry in the past and the terrain varies from gentle slopes on the quarry floor to very steep slopes on the excavated batters. Undisturbed ground surrounding the quarry slopes moderately, averaging roughly 12-15%.

A band of mature open forest is present around the extremities of the quarry area, varying in width from 10 to 30m along Resort Drive and containing some mature trees. An area of 0.8ha of remnant vegetation exists in the north of the site which is to be cleared for the development. Native vegetation is also found along the ridgeline of the escarpment to the eastern boundary, adjacent the car park and Resort Drive to the north.  Species present include koala feed trees and koalas have been observed in the area by Noosa Springs residents, though the site is excluded from the State’s koala habitat mapping.

The site is bounded by Council land to the east, the Noosa Springs clubhouse to the northwest and Residential Precincts E1 to the west and Residential Precinct E2 to the south.  Precinct E1 has been developed for 42 multiple dwelling units, with Precinct E2 subject to representations to a current development application for 44 units (MCU15/0109). The representations also seek to amend the plans and reduce the number of units to 37.  The Noosa Heads sewerage treatment plant is located to the north of the site, with land further to the south of the site being National Park adjacent to Lake Weyba.  A 3 metre wide pathway reserve runs along the eastern boundary.

Aerial photographs of the site and its surrounds are shown in Figures 2 & 3.

Figure 2 – Locality Plan
Precinct E2
Figure 3 – Aerial Photograph of Site

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument.

SEQ Regional Plan
The site is included within the Urban Footprint of the SEQ Regional Plan. The proposed development is consistent with this designation which is reflected in the current approval permitting the development of 182 dwelling units on the site.

State Planning Policy
The relevant State Planning Policy’s (Biodiversity, Water Quality sand Natural Hazards) has been incorporated into the Noosa Plan

Planning Scheme:

Overlays

Biodiversity Overlay – Environmental Enhancement Area
Natural Hazard Overlay – Landslide, Bushfire and Acid Sulfate Soils

Assessment against the relevant overlays has previously occurred during the assessment of the multiple dwelling applications for the site. The proposed reconfiguration will not result in further impacts beyond those already considered in the previous development approvals.

The application has also been assessed against the planning scheme, including the following applicable codes:

Noosa Heads Locality Code
Reconfiguring a Lot Code
Landscaping Code
Engineering Works Code

The Overall Outcomes of Noosa Heads Locality Code seek that development within the Semi-Attached Housing Zone provides for a high level of residential amenity and design. The previous development approvals have been assessed with consideration of these outcomes and the proposed reconfiguration and associated community management statement will ensure that these are brought into effect.

Requirements with regards to population density, site cover, gross floor area/plot ratio, car parking etc. were assessed and considered suitable as part of the earlier development approvals for the site. These assessments were conducted over the entire area of each precinct and the approved development accords with these requirements.

The lots associated with the proposed reconfiguration provide for a range of lot sizes and varying population densities, gross floor area etc. Generally the proposed lots comply with the relevant technical provisions within the planning scheme however there are some lots where the density, gross floor area etc. associated with the approved development exceed what is allowed by the scheme.

The applicant has provided the following table detailing each lots compliance with technical requirements of the planning scheme.

The variations to the allowable technical provisions within the planning scheme are reasonable on the basis that the developnment complies when assessed over the entirity of each precinct. Furthermore conditions to the approval require that the applicant demonstrate complaince with relevant conditions prior to plan sealing.

Further planning matters:

The existing development approvals for Precint E2 and F contain requirements with regards to bushfire management, stormwater management and landscaping which relate to each precinct and in some circumstances are intergrated between both developments. To ensure that these requirments are complied with, and that the new lots are not developed with no regard to the original approvals, conditions are to be included which require each stage to comply with the original approvals prior to plan sealing.

CONSULTATION:

Nil required
Other Referrals
The application was forwarded to the following internal council specialists:

Development Engineer, Engineering and Environment Assessment Branch
Hydraulics and Water Quality Specialist, Engineering and Environment Assessment Branch
Environment Officer, Engineering and Environment Assessment Branch
Their assessment forms part of this report.

CONCLUSION:
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 provides for new lots in accordance with two existing development approval and conditions of this approval require compliance with existing development approvals prior to plan sealing. The application is therefore recommended for approval.

RECOMMENDATION

Application Number REC17/0022 for a Development Permit to Reconfigure a Lot - Layered CTS (26 Lots) & Access Easement situated at Resort Dr NOOSA HEADS QLD  4567 as identified in the attached details is recommended for the approval..

Development Application Number REC17/0022

1.	APPLICATION DETAILS

Application No:	REC17/0022
Street Address:	Resort Dr NOOSA HEADS  QLD  4567
Real Property Description:	Lot 6 SP 178340 Lot 7 SP 178340
Planning Scheme:	The Noosa Plan (28 October 2016)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit to Reconfigure a Lot - Layered CTS (26 Lots) & Access Easement

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Development Approval, and Development Approvals MCU15/0109 and 132005.1133.06 and any subsequent approved changes, and any associated operational works approvals, as relevant to each particular stage must be completed and accepted by Council prior to the submission of the subdivision plan to Council for sealing for the relevant stage.
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
M2652      02	G	Balance Lot Creation Through Multiple BFA Phasing  Altum Constructions Parkridge Noosa CTS, Noosa Heads, prepared by JFP Urban Consultants	23 August 2017
Lot numbering on the subdivision plans to be submitted to Council for endorsement must contain a consistent balance lot numbering convention, with any balance lot created as a consequence of a Building Format Registration to be labelled lot 8000.
The common resort facilities approved under Development Approval 132005.1133.06 and referred to in condition 4 must be completed and operational before the construction of the 64th Unit on Lot 7 SP 178340.
The requirements of the Bushfire Management Plan, approved under Development Approvals MCU15/0109 and 132005.1133.06 must be completed and operational, to the reasonable satisfaction of Council, prior to sealing of the survey plan for first stage.
The requirements of the Stormwater Management Plan, approved under Development Approvals MCU15/0109 and 132005.1133.06, as relevant to the particular stage, must be completed and operational, to the reasonable satisfaction of Council, prior to sealing of the survey plan for each stage.
The 2 metre wide path as required by condition 14 of Development Approval 152002.220450.5 must be completed to the reasonable satisfaction of Council, prior sealing of the survey plan for the first stage.
Subdivision Staging
The development may be staged in accordance with the stage boundaries shown on the Approved Plans though if staged, the development need not be completed sequentially in the stage order indicated on the Approved Plans.
Prior to sealing for each stage all conditions of this Development Approval, and Development Approvals MCU15/0109 and 132005.1133.06 and any subsequent approved changes, and any associated operational works approvals, as relevant to each particular stage must be completed and accepted by Council.  For completeness this includes at a minimum completing the following works to the reasonable satisfaction of Council prior to sealing of the plan of survey for each stage:
Any road access and infrastructure services required to service the particular stage are constructed with that stage.
All landscaping works required for the particular stage are completed.
All car parking required for the particular stage are completed.
All stability requirements for the particular stage are completed.
Final building certification is provided for each building for the particular stage.
Compliance with maximum building height for each building for the particular stage is provided from a licensed surveyor
Payment of Infrastructure Contributions and Charges for the particular stage.
All future dwellings on the approved lots must be sited and constructed in accordance with the Approved Plans related to Development Approvals MCU15/0109 and 132005.1133.06 and any subsequent approved changes.
Water & Sewer Connections
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).
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.

Bio Retention Basins
Prior to the sealing of the plan of survey for the first stage a Schedule of Maintenance Costs for all activities undertaken to maintain the bio retention basins in accordance with the most current version of Healthy Waterways Bio Retention Basin Maintaining Vegetated Stormwater Assets Guidelines must be provided to Council. The schedule shall include records of actual costs of maintenance work undertaken.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the subdivision plan to Council for endorsement.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice and, in particular, must include the following additional clauses:
Compliance with the Bushfire Management Plan approved by Development Approvals MCU15/0109 and 132005.1133.06, including approved future amendments.
Compliance with the Stormwater Management Plan approved by Development Approvals MCU15/0109 and 132005.1133.06, including approved future amendments.
Compliance with landscaping works approved by Development Approvals MCU15/0109 and 132005.1133.06, including approved future amendments and associated Operational Works approval for the site.
Landscaping
Prior to the sealing of the plan of survey for the first stage an overall landscape concept plan must be submitted which complies with the requirements of Development Approvals MCU15/0109 and 132005.1133.06 and any subsequent approved changes.
Sunset Clause for Completion of Approved Development
Pursuant to s342 of the Sustainable Planning Act 2009, the uncompleted aspects of this development approval lapses if the subdivision plan for the last stage of the development has not been registered by the relevant titles authority by 15 December 2026.
5.	REFERRAL AGENCIES

Not Applicable.

6.	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
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.
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.

7.	PROPERTY NOTES

Not Applicable.

8.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

9.	FURTHER DEVELOPMENT PERMITS REQUIRED

Not Applicable.

10.	SELF ASSESSABLE CODES

Not Applicable.

11.	SUBMISSIONS

Not Applicable.

12.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

13.	RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
14.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

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DELEGATED AUTHORITY REPORT

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cTs Site Area Max. Proposed Site Cover Max. Proposed | Landscaping Proposed Carparking
(sqm) Density Density (%) GFA GFA (sqm) (% of site Carparking (min)
(sqm) area)

Scheme Provision 100pp/ha 40% max. pop x 40 - varies

100 9,056 91 120 25.9 3,640 6,003 65 85 75
200 6,870 69 82 31.5 2,760 2,962.5 55 61 36
300 2,450 25 281 42.2 1,000 2,585 58 29 44
400 8,518 0 Oo 8.9 - 612 91 19 10
500 3,813 38 190 29.1 1,520 2,772 71 47 47
600 11,188 112 119 29.5 4,480 4,868.5 59 92 77
700 1,934 19 192 32.4 760 1,442 68 23 22
800 4,070 41 96 23.2 1,640 1,634 77 32 24
900 6,522 65 46 20.9 2,600 1,941 65 44 20