Negotiated Report (Representations made) RAL21 0003

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Kerri Coyle
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0003
Development Approval	Development Permit to Reconfigure a Lot (1 lot into 2)
Applicant	Total Concept Homes P/L
Representations Received On	7 June 2021
Number of Submissions for Original Application	N/A

PROPERTY DETAILS
Property Address	108 Black Mountain Range Rd Black Mountain Qld 4563
RP Description	Lot 2 RP 131369
Land Area	61210.000 m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Locality	Cooran
Zone	Rural Residential
Overlays	Biodiversity, Waterways and Wetlands Overlay; Bushfire Hazard Overlay; Landslide Hazard Overlay
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit to Reconfigure a Lot (1 lot into 2) was issued on 7 May 2021.
The applicant suspended the appeal period on 7 May 2021 and made representations on 7 June 2021 to the development approval conditions. The representations are detailed below but primarily relate to the required covenant area, fencing requirements for the covenant area and the extent of driveway required to be constructed for the new lot, lot 2.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 5 - Covenant
5.	A vegetation protection covenant must be registered against the titles of the properties over the land area shown as Cov B in proposed lot 2 and the land area covered by the core Koala Habitat Area on proposed lot 1 on the subject site pursuant to Section 97A of the Land Title Act 1994.  The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title.  The covenant document must:
incorporate the requirements of this Decision Notice
include Noosa Council as Covenantee
reference Queensland Land Title Registry Standard Terms Document No. 715597513.

Applicant’s Representation
The applicant seeks that the condition be replaced with the following:
5.	A vegetation protection covenant must be registered against the titles of the properties generally in accordance with the land areas shown as Cov B in proposed Lot 2 on the approved plan and Cov C in proposed Lot 1 on the approved plan, pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must:
a.	incorporate the requirements of this Decision Notice
b.	include Noosa Council as Covenantee
c.	reference Queensland Land Title Registry Standard Terms Document No. 15597513.
d. 	The covenant document will reference a Vegetation Management Plan to be submitted as part of an Operational Works application. Amongst other things the VMP will address:
The right of the landowner to continue to utilise and maintain the two existing dams and dam walls on the property.
The right of the landowner to have electricity within the covenant for the purpose of dam pumps.
Assessment of Representation
During the negotiated decision period an amended plan was provided of the covenant area which extended the covenant to address the requirements of condition 5 in regard to including the core habitat area.  This plan is acceptable with the plan to be annotated to clearly identify the covenant area.  The further proposed amendments concerning the dams is also considered reasonable recognising that they are existing and currently being used.

Condition 7 – Fencing of Covenant Area
7.	A permanent fence must be constructed to protect the proposed covenant areas. The fence must be constructed in accordance with an Operational Works approval and must be to the following specifications:
Stock proof to prevent domestic animals grazing in the area
Allow for the passage of native fauna by:
allowing adequate clearance at ground level for local macropods
not including any use of barbed wire or similar materials
providing regular opportunities for passage over and through

Applicant’s Representation
The applicant seeks that the condition be replaced with the following:
7.	If the landowner intends to run cattle on the property then, prior to doing so, a permanent fence must be constructed to protect the proposed covenant areas. The fence must be constructed in accordance with the approved VMP and must be to the following specifications:
a.	Stock proof to prevent domestic animals grazing in the area
b.	Allow for the passage of native fauna by:
i. allowing adequate clearance at ground level for local macropods
ii. not including any use of barbed wire or similar materials
iii. providing regular opportunities for passage over and through

Assessment of Representation
The applicant’s representations are not agreed with as the fencing needs to be place prior to plan sealing.  In discussions with the applicant, the applicant has suggested a single strand of electric fencing which is reasonable given the property characteristics.

Condition 6 – Driveway for Lot 2
9.	A residential driveway must be constructed extending from the edge of the formation in Black Mountain Range Road to adjacent to the proposed building envelope in Lot 2. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawings number A6578/20/P01 - A6578/20/P06 Revision A prepared by Alta Projects dated 26 February 2021.

Applicant’s Representation
The applicant seeks that the condition be replaced with the following:
9.	A residential driveway must be constructed extending from the edge of the formation in Black Mountain Range Road to adjacent to the extent of proposed Emt A shown on the approved plan and be generally in accordance with drawings number A6578/20/P01 - A6578/20/P06 Revision A prepared by Alta Projects dated 26 February 2021 and be undertaken in accordance with an Operational Works approval.
A navigable, benched access track must be constructed from Emt A to the proposed Lot 2 building envelope as shown on the approved plan and be undertaken in accordance with an Operational Works approval.
Assessment of Representation
The applicant’s representations are not agreed with but is agreeable to amend the condition to only construct the driveway for the area identified as landslip which would also ensure driveway is sealed to the eastern end of the existing dwelling to maintain resident’s amenity on this lot.

conclusion & reasons for decision
It is recommended that a negotiated decision notice be issued to amend conditions 5,7and 9 to reflect the new agreed covenant plan, provide more flexibility in the style of fencing required for the covenant area and reduce the extent of the driveway required to be sealed for lot 2.
RECOMMENDATION
With regard to Application No. RAL21/0003 for a Development Permit to Reconfigure a lot (1 lot into 2 lots), and the representations made, Council on 2 July 2021 decided to:
A.	Agree to amend conditions 5, 7 and 9 to read as follows:
5.	A vegetation protection covenant must be registered against the titles of the properties over the land area shown and identified in green on drawing titled Site Meeting Outcomes JPG/02-06-2021 on the subject site pursuant to Section 97A of the Land Title Act 1994. A metes and bound description of the covenant area on an amended survey plan must be lodged with the application for plan for sealing. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title.  The covenant document must:
incorporate the requirements of this Decision Notice
include Noosa Council as Covenantee
reference Queensland Land Title Registry Standard Terms Document No. 715597513.
d. 	The covenant document will reference a Vegetation Management Plan to be submitted as part of an Operational Works application. Amongst other things the VMP will address:
The right of the landowner to continue to utilise and maintain the two existing dams and dam walls on the property.
The right of the landowner to have electricity within the covenant for the purpose of dam pumps.
7.	A permanent fence must be constructed to protect the proposed covenant areas. The fence must be constructed in accordance with an Operational Works approval and must be to the following specifications:
Stock proof to prevent domestic animals grazing in the area
Allow for the passage of native fauna by:
allowing adequate clearance at ground level for local macropods
not including any use of barbed wire or similar materials but may include an electric ribbon fence
providing regular opportunities for passage over and through
9.	A residential driveway must be constructed extending from the edge of the formation in Black Mountain Range Road to the eastern end of the existing dwelling to coincide with the Noosa Plan 2021 mapped landslide hazard area in Lot 2. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawings number A6578/20/P01 - A6578/20/P06 Revision A prepared by Alta Projects dated 26 February 2021.
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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