2017-11-07 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             7 NOVEMBER 2017


Condition 29
29.   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 plan sealing.
Issue:
Request to amend condition 29.
Applicant’s Representation:
The written submission accompanying the application states:
The applicant requests an amendment to this Condition to permit the construction of the rear
dwelling following the construction of the works and the completion of the completion of the Lot
Reconfiguration.
The applicant believes that the Condition is not necessarily required in respect to the
development and that the Condition imposes limitations upon potential funding of the
development.
The creation of the Lots prior to the construction of the rear dwelling will not impact upon the
proposed outcome of the development.
To provide certainty of the outcome of the development of the Lots, the applicant proposes the
amendment of this Condition to require the Community Management Statement to include a
provision that the Lots can only be developed in accordance with approved duplex.
As the property is located in the Semi-Attached Housing Zone any development is required to
comply with the Noosa Plan and the applicable codes; and the development would trigger a code
assessable application. Any other form of development of the site would trigger a code or impact
assessable application; therefore Council will have certainty about the development outcome.
A precedent of the completion of the Lot Reconfiguration prior to the erection of the duplex
building was approved and developed at 42 Avocet Parade, Peregian Beach (Council Ref:
REC12/0062). The subject proposal is identical to the approval of this development.
Accordingly the applicant respectfully requests that the Condition be amended to:
Unless otherwise stated, all works required by the conditions of this Decision Notice, with the
exception of the construction of the rear dwelling, must be completed prior to submission of the
subdivision plan to Council for plan sealing. However the Community Management Statement
prepared with the Lot Reconfiguration must include a provision that the rear dwelling be
developed in accordance with the approved duplex.
Assessment:
The applicant proposes and maintains that the inclusion of a provision within the Community Title
Statement (CTS) requiring development in accordance with the approved duplex provides
certainty of the development outcome. However the applicant’s position is not agreed with as the
CTS does not regulate development and provides no certainty as to what development will occur
on the site.
Amending the condition to facilitate the applicant’s request will effectively permit a lot
reconfiguration providing for new lots which do not comply with the specific lot size requirement
within the Noosa Plan. New lots in the Semi-Attached Housing Zone within the Cooroy and Lake
Macdonald locality are required to have a minimum area of 800m2. Proposed Lot 1, which
contains the existing dwelling, has an area of 494m2 with the rear lot 2 having an area of 514m2.
The Noosa Plan only permits smaller lots through a community title subdivision where there is an
approved development and the lot size is reflective of the approved development.




                                                                                    Page 47 of 65