Original source · versioned page text
M2677- DN Change representations (Final)
Attached to the e-mail MCU20/0150 - representations.
BRISBANE | SUNSHINE COAST | CENTRAL QLD KON-TIKI BUSINESS CENTRE TOWER 1, LEVEL 2, SUITE T1.209, 55 PLAZA PARADE, MAROOCHYDORE QLD 4558 JFP URBAN CONSULTANTS PTY LTD ABN 79 050 414 045 28 May 2021 Job Ref:M2677 Noosa Council By Email: <[email protected]> Att: Patrick Murphy – Coordinator Planning Re: Negotiated Decision Change Representations – Development Permit for Material Change of Use (34 Multiple Dwellings) over land at 101-105 Eumundi Noosa Rd Noosaville and described as Lot 1 on RP 230931 and Lot 1 on RP 849431 (Council Ref: MCU20/0150) Dear Patrick, We refer to the recent Development Permit for Material Change of Use (34 Multiple dwelling units) issued over the above site. In accordance with s75 of the Planning Act 2016, and further to our recent request to suspend the applicant’s appeal period, we hereby submit the change representations in relation to the approval. The change representations sought are provided as follows; Condition Issue Requested Change 2. Approved plans list There appears to be a typographical Amend Condition 2. error in the list of approved plans. Plan. – DA26 04 06 Bldg 1,2,& 3 Perspectives, Plan. DA26 is issue 04 and not 06 as prepared by Blackburne Jackson Architecture. indicated in the condition. Include the following plans as part of the We seek clarification as to whether approved plan list (as amended/ annotated): Council considered the concept landscape plans submitted as part of Dwg No. 7189-DA100 Rev. 04 Landscape the response to Council’s Information Cover Sheet prepared by Blackburne Jackson Request. It is requested that these Architecture plans be included in the list of approved plans including any required Dwg No. 7189-DA101Rev. 04 Planting Palette plan annotations that Council may prepared by Blackburne Jackson Architecture seek to include. Dwg No. 7189 - DA102 Rev No. 04 Our client seeks flexibility to construct Landscape Plan north west corner prepared the development in a maximum of 4 by Blackburne Jackson Architecture stages. As such, we request that Council approve a Staging Plan (Dwg Dwg No. 7189 - DA103 Rev No. 04 No. 7189 DA02 Rev 09, Site Plan) as Landscape Plan – Entry prepared by part of these change representations. Blackburne Jackson Architecture
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 9 pages
Page 2
.
Staging Plan
For convenience, we have suggested
some additional conditions below to Dwg No. 7189 DA02 Rev 089, Site Plan, Level
reflect the proposed staging. 1 Ground, prepared by Blackburne Jackson
Architecture dated 20-05-2021
7. This condition is opposed, as it is not Request to Delete Condition 7.
Building 1 street (west) reasonably required. It is considered
elevation must be provided that the west elevation already Building 1 street (west) elevation must be
with at least 1 additional includes a number of textures and provided with at least 1 additional external
external material finish to finishes as reflected on the approved material finish to further add interest to the
further add interest to the plans, including the Material & Finishes elevation. Deleted.
elevation. (Palette) Plan 7186-DA20.
Finishes to the western elevation
include:
- Weatherboard cladding
- Vertical powder-coated
screens
- Colorbond gutter
- Rendered blockwork
- Horizontal timber fence
The proposed external materials
provide a good level of visual interest
to the street.
Importantly, it should be recognised
that a single façade is rarely viewed in
isolation. Buildings are typically
viewed from a number of angles,
involving two facades in perspective.
As a result, the finishes and materials
visible on Buildings 1 and 4 already
contain other materials and finishes
that will add further interest to the
built form as a whole, not just an
individual elevation.
These finishes include barestone
cladding, painted fibre cement
cladding with vertical battens and
horizontal projected awnings, which
assist in creating depth and texture
through shade and shadow.
Further, it is argued that Building 1
street elevation will also be sufficiently
JFP Ref: Page 2
Page 3
.
softened and screened by fencing and
landscaping, which includes dense
planting and feature trees along the
site’s frontage and potential view lines.
8. This condition is opposed, as it is not Request to Delete Condition 8
Building 1 north elevation reasonably required. It is noted that
must incorporate an our architect has already made a Building 1 north elevation must incorporate
additional mix of external number of alterations to this façade an additional mix of external finishes to add
finishes to add throughout the assessment of the interest to the elevation and create an
interest to the elevation application, including the provision of asymmetrical appearance to the dwellings
and create an asymmetrical additional colours, textures and Deleted.
appearance to the finishes to the external façade as well
dwellings as stepping of roof lines.
The approved plans include a range of
finishes including:
- Fibre cement sheeting with
vertical mullions
- Weatherboard cladding
- Horizontal powder-coated
screens
- Colorbond guttering/edge
- Rendered blockwork
- Timber / aluminium balustrade
It is also noted that the façade will not
be highly exposed to the adjoining
street or adjoining properties, as much
of the elevation will be partly obscured
and softened by proposed landscape
buffer treatments and screen fencing.
11. The pad mount transformer is Amend condition 11 as follows:
The pad mounted proposed to be screened and painted
transformer must be in muted tones, as provided in the The screening for the pad mounted
painted in muted approved colour palette. It is therefore transformer must be painted in a muted
environmental tones to requested that the condition be colour derived from the approved colour
reduce the visual impact of amended accordingly. palette muted environmental tones to reduce
the infrastructure in the the visual impact of the infrastructure in the
streetscape. streetscape.
12. This condition is considered Amended Condition 12 as follows:
The development must use ambiguous. It is therefore requested if
muted environmental the condition could refer to the The development must incorporate the colour
colour tones that blend approved colour palette (in the scheme as outlined in the approved colour
with the natural approved plans), to provide greater palette and approved plans. use muted
environment. certainty.
JFP Ref: Page 3
Page 4
.
environmental colour tones that blend with
the natural environment.
14. The development includes a few Amend Condition 14 as follows:
A maximum of 0.6m of fill is locations along the eastern boundary
permitted within 1m of the where the required fill height slightly A maximum of 0.6m of fill is permitted within
boundary where adjoining a exceeds 0.6m within 1m of the 1m of the boundary where adjoining a
residential use. boundary. This is largely the result of residential use.
the proposed stepping of the retaining The site fill levels are to be provided in
wall and fencing on the along the accordance with the approved plans. The
boundaries to follow the site approved fill levels within and along the
topography. boundaries of the site are to be reflected in
the Operation Works plans and the levels
The current condition will potentially certified by a registered RPEQ on completion.
result in a loss of privacy for the lower OR
adjoining premises to the east A maximum of 0.6m of fill is permitted within
compared to the current proposal. 1m of An average of 0.6m of fill is permitted
That is, by reducing the fill levels along along the boundary where adjoining a
the boundary, it is likely to result in a residential use
reduced fence height at the boundary,
thus increasing the potential for
overlooking from the ground floor
terrace and private open space areas
of Building 2.
In contrast, allowing the proposed fill
levels (involving a minor increase
above 0.6m) will assist by providing a
modest increase in the overall height
of the combined retaining wall and
screen fence, thereby protecting the
privacy of the lower properties
adjoining the eastern boundary.
The improved privacy outcome will
also be enhanced through the
implementation of the required
landscape buffer, which will further
reduce any opportunities for
overlooking between the two
premises.
Accordingly, it is requested that the
conditions be amended as proposed so
as to reflect the currently proposed fill
levels.
In the event that Council is unwilling to
amend the condition, it is requested
JFP Ref: Page 4
Page 5
.
that the wording be amended to read
“the fill must be an average of 0.6m
along the boundary of the site”.
16 It is considered that this condition Amend Condition 16 as follows:
To ensure privacy is which seeks to impose screening or
protected between similar requirements on the entirety of To ensure privacy to adjoining properties is
adjoining properties to the Buildings 2 and 3, is not reasonably protected between adjoining properties
south and south east, required, and is an unreasonable provide screening devices / fixed external
buildings 2 and 3 must: imposition on the development. screens as indicated on the approved plans.
a. provide screening devices to the south and south east,
to balconies; and/or The applicant has demonstrated in its buildings 2 and 3 must:
b. have a minimum window previous responses that privacy is a. provide screening devices to balconies;
sill height or 1.7 metres maintained by a combination of and/or
above floor level; and/or setbacks, screening to particular units b. have a minimum window sill height or 1.7
c. be fitted with translucent and landscape buffer planting. metres above floor level; and/or
glazing; and/or c. be fitted with translucent glazing; and/or
d. be fitted with fixed It is therefore requested that the d. be fitted with fixed external screens.
external screens. condition be amended to only apply to
those areas identified within the
approved plans, more specifically
applied to those balconies/windows on
the southern sections of Building 2.
20. The proposed fencing only includes a Amend Condition 20 as follows:
The maximum height of any couple of instances where the fence
fences adjoining a exceeds 2.4m in height. As per The maximum height any fences adjoining a
residential use must not Condition 14 above, it is considered residential use must not exceed 2.4m above
exceed 2.4m above that the proposed fencing along the the NGL at any point.
the NGL at any point. boundary actually provides an Fencing to adjoining residential uses must be
improved privacy outcome for the provided in accordance with the approved
existing dwellings to the east of plans.
building 2. Or
All fences adjoining a residential use must
Notwithstanding this, if Council does achieve an average of 2.4m above natural
not agree with our representation, it is ground level.
requested that Council amend the
condition to allow for the fence to
achieve an average height of 2.4m
above NGL.
28. Amend Condition 28 as follows:
All properties the subject of It is requested that the condition be
the development must be amended to avoid the preparation of All properties the subject of the development
amalgamated into a single an interim plan of survey and to must be amalgamated into a single lot prior
lot prior to approval of provide greater certainty as to when to endorsement of the first survey plan (plan
Building Works. this requirement must be met. seal) for the development and prior to
Certification and evidence approval of Building Works. Certification and
of such amalgamation must evidence of such amalgamation must be
JFP Ref: Page 5
Page 6
.
be submitted to Council submitted to Council. prior to commencement
prior to commencement of of works.
works.
29a. The existing bicycle lane currently Amend Condition 29a as follows:
Eumundi Noosa Road must varies between 1.25 - 2m along
be upgraded for the length Eumundi Noosa Rd. The condition Eumundi Noosa Road must be upgraded for
of its frontage to the requires a 2m cycle lane across the full the length of its frontage to the subject site.
subject site. The works frontage of the site. The works must be undertaken in accordance
must be undertaken in with an Operational Works approval and
accordance with an However, aerial photography must include in particular:
Operational Works approval illustrates that the cycle lane narrows a. road works generally in accordance with
and must include in from 2m to approx. 1.25m at the the Traffic Engineering Report, prepared by
particular: approach and departure of the existing TTM dated 11/02/21, amended to extend the
a. road works generally in pedestrian crossing. median 5m north of the proposed
accordance with the Traffic driveway and with the kerbline on the eastern
Engineering Report, Advice from the project’s traffic side of the road amended to achieve a
prepared by TTM dated consultant, TTM Group, states: “in minimum southbound carriageway width of
11/02/21, amended to terms of best practice and pedestrian 5.5m (3.5m traffic lane and 2.0m on road
extend the median 5m requirements, it is ideal to minimise the cycle lane). “No U-turn” signage provided to
north of the proposed pedestrian crossing distance, and prohibit U-turns at both ends of the central
driveway and with the increasing the road distance to median.
kerbline on the eastern side accommodate the 2m cycle lane is not
of the road amended to desirable.” Alternatively, should Council seek to enforce
achieve a minimum the additional road widening to incorporate
southbound carriageway In light of this advice, it is requested to the full 2m cycle lane across the site’s
width of 5.5m (3.5m traffic retain the existing road corridor in frontage, we request that the condition be
lane and 2.0m on road cycle order to facilitate safe pedestrian amended as follows:
lane). “No U-turn” signage movements in this location.
provided to prohibit U- Eumundi Noosa Road must be upgraded for
turns at both ends of the However, if Council does not agree to the length of its frontage to the subject site.
central median. changing the condition, it is considered The works must be undertaken in accordance
that these additional works are trunk with an Operational Works approval and
infrastructure (Refer to Map Code: must include in particular:
LGIP -TR-4). As such, the condition a. road works generally in accordance with
should reflect that the condition is the Traffic Engineering Report, prepared by
imposed under s128 of the Planning TTM dated 11/02/21, amended to extend the
Act and the trunk infrastructure works median 5m north of the proposed
be subject to infrastructure offsets. driveway and with the kerbline on the eastern
We anticipate that a new ICN will need side of the road amended to achieve a
to be issued accordingly. minimum southbound carriageway width of
5.5m (3.5m traffic lane and 2.0m on road
Note: an ICN representation will be cycle lane). “No U-turn” signage provided to
forwarded to Council reflecting the prohibit U-turns at both ends of the central
outcomes sought by this condition. median.
This condition is imposed pursuant to s128 of
the Planning Act 2016 being necessary trunk
JFP Ref: Page 6
Page 7
.
infrastructure identified by Council’s LGIP to
service the development.
31a. This condition requires visitor parking Amend Condition 31a as follows:
A minimum of 51 car to be provided in accordance with A minimum of 51 49 car parking spaces must
parking spaces must be those numbers supplied on the be provided and marked on the site and
provided and marked on approved plans. made available and accessible at all times.
the site and made available The works must be undertaken in accordance
and accessible at all times. It is noted that the development is with an Operational Works approval and
The works must be only required to provide 9 visitor car must include in particular:
undertaken in accordance parks in accordance with Table 9.4.1.4 a. 11 minimum 9 visitor parking spaces within
with an Operational Works of the Driveways and Parking Code. the total, which are clearly marked for that
approval and must include purpose and accessible at all times for visitor
in particular: The applicant may wish to retain use.
a. 11 visitor parking spaces flexibility to provide surplus visitor
within the total, which are spaces to Exclusive Use of particular
clearly marked for that dwellings.
purpose and accessible at
all times for visitor use Accordingly, it is requested that the
condition be amended to reflect the
minimum planning scheme
requirement to provide additional
flexibility, if required.
46a. To provide the applicant with N/A
The site must be additional certainty for the operational
landscaped in accordance works phase, kindly confirm that the
with Planning Scheme landscape plans and planting palette
Policy PSP2 – provided as part of the response to
Landscaping. The works Council’s Information request are
must be undertaken in acceptable. In the event that they are
accordance with an acceptable, please incorporate the
operational works approval plans as part of the approved plan list,
and the approved plans and with any annotations required
must include in particular:
a. Suitable screening trees
planted within or around
the edge of the
bioretention basin to help
screen the development.
46c. This condition requires the full Amend Condition 46(c) as follows:
1m wide garden to the full perimeter of the site to be fully
length of both side screened by trees planted at 1.5m 1m wide garden to the full length of both side
boundaries and rear centres with a mature height of 6m. boundaries and rear boundary, to be
boundary. The The condition also requires each court implemented generally in accordance with
gardens must include yard to the include a 45L pot size the landscape concept plan prepared by
screening trees planted at a feature tree to be established in each Blackburne Jackson (DWG NO. - 7186-DA
maximum of 1.5m centres court yard. 100).
and have a 200mm pot size.
JFP Ref: Page 7
Page 8
.
The trees must have a It is considered that this condition is The gardens must include screening trees
mature height of at least not reasonably required. The project shrubs planted at a maximum of 1.5m
6m. In this regard, Landscape Architect, Blackburne centres and have a 200mm pot size. The trees
each dwellings courtyard Jackson, has advised that the planting shrubs must have a mature height of at least
garden must include at density of 1.5m centres is appropriate. 4 6m. In this regard, each dwellings courtyard
least 1x 45 litre pot size However, it has advised that it is not garden must include at least 1x 45 litre pot
feature tree possible to achieve optimum plant size feature tree within the total and results
within the total. growth to achieve a 6m tall tree in minimum height of 6m at maturity.
specimen within a 1m garden bed,
which will compete with the required
feature tree.
Accordingly, given the prevailing soil
type and confined courtyard settings,
it is requested that the condition is
amended to provide for tall screening
shrubs to 4m instead of screening
trees to 6m.
Accordingly, we request Council
consider the previously submitted
landscape plans, which illustrates an
appropriate level of planting for a
townhouse development.
46f. Advice from the Landscape Architect, Amend Condition 46(f) as follows:
1 x 45 litre feature shade Blackburne Jackson, recommends that
tree in each garden a palm species would be more suitable 1 x 45 litre feature native palm species to be
between the dwellings to the fill the gaps between the provided shade tree in each garden between
carports. carports, given the gap width available the dwellings carports.
for sustained growth.
46g. As part of the information request Amend Condition 46(g) as follows:
Provide a planting and plant response, a conceptual landscape plan
schedule including species was submitted as part of the plan Provide a planting and plant schedule
and pot size. package. including species and pot size, generally in
accordance with the conceptual landscapes
This condition seeks a plant schedule plans and plant palette (as amended) as
including species and pot size at the listed in the approved plans list of this
Operational Works phase. decision notice.
It is requested that the condition be
amended to reflect the species
provided in the planting palette
submitted reflected on the previously
submitted landscape plans.
JFP Ref: Page 8
Page 9
.
55. This condition requires the site to be Amend Condition 55 as follows:
The site must be left clean turfed if it remains vacant for more
and tidy free from debris than 30 days. The need to maintain the The site must be left clean and tidy free from
such as concrete, wire, site in a tidy state is acknowledged. debris such as concrete, wire, rubble, brick/s
rubble, brick/s However, it is considered that it is and the like. If the site or balance lot remains
and the like. If the site unreasonable condition to turf the vacant for more than 30 days the lot/s must
remains vacant for more subject site. be turfed regularly mowed / slashed and
than 30 days the lot/s must maintained in a tidy manner at all times or
be turfed or Therefore, we suggest that the landscaped in accordance with Planning
landscaped in accordance condition be softened as follows: Scheme Policy PSP 2 – Landscaping and to the
with Planning Scheme “if the site is left vacant for more than satisfaction of Council so as to not cause
Policy PSP 2 – Landscaping 30 days, the site is to be regularly nuisance to the surrounding area.
and to the mowed/slashed and maintained in a
satisfaction of Council so as tidy manner at all times”.
to not cause nuisance to
the surrounding area. The second part of the condition is no
longer considered necessary.
New Condition 3A, 3b, 3C A stage plan has been prepared to New staging conditions:
and 3D is proposed to support the staging of the
reflect the potential staging development. Staging
of the Multiple dwelling
units. Accordingly, it is requested that 1. The development may be staged in
Council include the staging plan as part accordance with the stage boundaries
of the approved plans and include the shown on the Approved Staging Plan
proposed conditions relating to the (Dwg No. DA02 09 Site Plan, Level 1
following items: Ground). If staged, the development need
Staging the development not be completed sequentially in the
Sunset clause stage order indicated on the Approved
Turnaround provisions Plans provided that any vehicle access,
Stormwater management onsite manoeuvring, car parking and
infrastructure services required to service
the particular stage are constructed with
that stage.
Sunset Clause
2. Pursuant to s88 of the Planning Act 2016,
the uncompleted aspects of this
development approval lapse if the whole
of the approved use has not happened by
{insert day/month of negotiated decision}
of 2027
Temporary turn around areas
3. Temporary unsealed turnaround facility
must be constructed at the end of each
private driveway left temporarily
JFP Ref: Page 9
Page 10
.
incomplete as a result of the
development staging. The temporary
turnaround facilities 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). The maintenance of the
turnaround facility is the responsibility of
the land owner.
4. For each stage the developable land must
be provided with a stormwater drainage
system connecting to a lawful point of
discharge. The works must be undertaken
in accordance with an approved Site
Based Stormwater Management Plan
We look forward to Council’s consideration of our change representations and receiving Council’s Negotiated Decision
Notice as soon as possible.
Should you require any clarification on any of the above issues please do not hesitate to contact our office.
Yours faithfully,
TIMOTHY BALCOMBE
SENIOR URBAN PLANNER
JFP URBAN CONSULTANTS
Attachments:
Revised Site Plan (Staging Plan), Dwg No. 7189-DA02, prepared by Blackburne Jackson Architecture, dated 20-05-21
JFP Ref: Page 10