Original source · versioned page text
PLANNING REPORT 25 Pavillion 1 into 10
Development Application
Planning Report
Reconfiguring a Lot (1 lot into 10 lots and 1 drainage lot)
situated at 25 Pavilion Street, Pomona
(Lot 21 on SP316902)
Page 1 of 12
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 11 pages
Page 2
Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................3
1.2 Planning instrument details .......................................................................................................3
1.3 Referral agencies........................................................................................................................3
2.0 Site details ......................................................................................................................... 4
2.1 Site description ..........................................................................................................................4
2.2 Surrounding land uses ................................................................................................................4
3.0 Proposed development details .......................................................................................... 5
4.0 Pre-lodgment lodgment ..................................................................................................... 6
5.0 Planning assessment .......................................................................................................... 8
5.1 Key issues ..................................................................................................................................8
5.1.1 Lot Sizes and layout .......................................................................................................................... 8
5.1.2 Flooding ............................................................................................................................................ 8
5.1.3 Servicing, Footpaths and Driveways ................................................................................................. 8
5.1.4 Landscaping ...................................................................................................................................... 9
5.1.5 Biodiversity ....................................................................................................................................... 9
5.1.6 Bushfire........................................................................................................................................... 11
6.0 State assessment and other matters ................................................................................ 11
6.1 State interests .......................................................................................................................... 11
6.1.1 Matters established in the Planning Regulation ............................................................................ 11
6.1.2 State Planning Policy ...................................................................................................................... 11
6.0 Conclusion ....................................................................................................................... 11
Client Name: JNE Developments
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version: 1
Date: 9 August 2021
This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.
Page 2 of 12
Page 3
1.0 Summary
1.1 Development application details
Proposed development: Reconfiguring a Lot (1 into 10 lots and 1 drainage lot)
Type of approval sought: Development Permit for Reconfiguring a Lot
Site address: 25 Pavilion Street, Pomona
Real property description: Lot 21 on SP316902
Site area: 29,938m²
Assessment manager: Noosa Council
Owner details: JNE Developments
Applicant details: JNE Developments c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: SPP 2017
Regional plan: SEQ Regional Plan 2017,
Designation: Urban footprint designation.
Planning scheme: The Noosa Plan 2020
Zone: Low Density Residential and Rural zone
Level of assessment: Code
Applicable overlays: Biodiversity, Waterways and Wetlands
• Area of Biodiversity Significance
• Riparian buffer
Bushfire Hazard
• Medium Potential and Potential impact buffer
Flood Hazard
Applicable codes: Hinterland Villages Local Plan Code
Low Density Residential and Rural Zone Codes
Reconfiguring a Lot Code
Works Codes
1.3 Referral agencies
Nil
Page 3 of 12
Page 4
2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Vacant
Existing land use
The subject lot was the result of a 1 into 2 lot subdivision in 2016
(REC16/0022), which resulted in the balance lot (Lot 21) being vacant and
Lot 20 encompassing the improvements (dwelling and associated
structures).
21m to pavilion Street.
Frontage and access
3 easements traverse the site, 2 of which are proposed to be extinguished.
Easements
The site has approximately 16m of slope from the Pavilion Street to the
Topography
rear of the base lot.
Western extent – mostly mowed grass with an occasion swamp mahogany
Existing vegetation
Centre – a swale and dam surrounded by camphor laurel and slash pine.
A small number of QLD blue gum also exist in this area.
East extent – established orchard of exotic fruit trees including jaboticaba,
lychee, and pecan nut.
Figure 1 - Aerial View and Site Identification
Source: DA Mapping System
2.2 Surrounding land uses
North – A house lot to the north east and a larger split zone lot directly adjoining to the north. The
lots to the north are generally the same as the subject site with the higher ground zoned for Low
density residential, while the lower flood affected area are zoned Rural.
West – A small Rural zoned lots which are flood affected and generally pasture type land.
South – Pomona showgrounds and caravan park.
Page 4 of 12
Page 5
3.0 Proposed development details
Table 2: Summary of development aspects
Reconfiguring a lot
Existing lots 1
Proposed number of lots (subdivision) 10 and 1 drainage lot
Lot Sizes Existing Lot = 29,938m2
Proposed Lot 1 = 1,000m2 (contains sewer
easement)
Proposed Lot 2 = 1,002m2
Proposed Lot 3 = 1,002m2
Proposed Lot 4 = 1,002m2
Proposed Lot 5 = 1,002m2
Proposed Lot 6 = 1,028m²
Proposed Lot 7 = 1,001m²
Proposed Lot 8 = 1,001m²
Proposed Lot 9 = 1,069m² contains sewer easement
Proposed Lot 10 = 16,260m² (Rural zone Lot)
Proposed Lot 600 = 1,274m² (contains bioretention
basin)
Figure 2 - Lot layout
Page 5 of 12
Page 6
4.0 Pre-lodgment lodgment
On 17 June 2021 the applicant met with Council Officers for a pre-lodgment meeting. As a result of
that meeting, the applicant has taken on board Council’s feedback and changed the proposed layout
to reduce the lot yield by 1 lot. The following Table provides Council’s feedback and the development
response and reduced the development yield.
Table 1 - Pre-lodgement response
Planning Officer feedback Development response
The minimum lot size in Low density residential All lots are proposed connected to reticulated
zones in this location is 1000m² if connected to sewer and water. Each lot is greater than
sewerage 1,000m².
The proposed Rural zoned lot is heavily Each lot is level and can readily fit a dwelling
constrained and will be required to include a house and associated structures. Lot sizes
building envelope marked on the proposal plan range between 1,000m² and 1,069m² which is
that demonstrates that there is an area consistent (and code compliant) with the
sufficient to accommodate the intended character of historic Pomona lots in the
purpose of the lot, that is not subject to the surrounding area.
constraint or valuable feature or that The development has been amended so that
appropriately responds to the constraint or the lots step down with the slope of the land
valuable feature. It is recommended the lot be without the need for any significant retaining
connected to water and sewer, however should walls.
the lot not be serviced, information will be All lots are fully serviced including Lot 10. Lot 10
required regarding onsite effluent disposal the Rural zoned lot is provided with a large
designated building envelope outside the flood
affected area of the land.
No onsite effluent disposal is required.
It is understood retaining is proposed in order to The lots step down with the slope and include
create flat lots. Noosa Plan 2020 requires that some retaining between 7, 8, 9 and 1, 2, 3.
development does not result in significant Considering the 30m+ width of the lots, there is
modification to natural landform or landscape sufficient space between the building pads to
features. Any application should address provide for landscaping within the setbacks to
impacts on natural landform, landscape allow for vegetated screening of the retaining
features and amenity (overshadowing, privacy walls. The wide lots will also not result in
etc). overshadowing or result in privacy concerns.
The lots step down the sloping site and is not
readily visible from Pavilion St consistent with
the relevant outcomes.
The application material will need to address Two of the easements are proposed to be
the existing north/south easement that is extinguished with the existing sewer easement
located on the lot. running along the western boundary of lots 1 &
9 and the southern boundary of lot 1. These lots
still have a large developable area exclusive of
the easement.
Engineering Officer feedback Development response
Pavilion Street intersection – suitable grades The applicant has taken on board the feedback
and transitions, filling, drainage etc. and provided engineering drawings prepared by
It is noted that the sight lines to the north may an RPEQ that demonstrates the Pavilion Street
be impacted by the property boundary of the intersection complies with all relevant standard
adjoining property. A truncation of the adjoining and policies.
property may be required. Sight lines comply with the relevant standards
without the need to truncate the northern lot.
An engineering report is provided as part of the
submitted documentation.
Page 6 of 12
Page 7
Internal road in accordance with the Noosa Plan Engineering drawings prepared by an RPEQ
2020 that demonstrates the Pavilion Street
intersection complies with all relevant standard
and policies are provided.
A cul-de-sac or other suitable turning area at the The applicant has made a significant change
western end of the new road. It is noted that a because of this feedback and reduced the lot
“Y” or “T” may be a suitable alternative and yield and provided for a future access to the
provide access for the subject subdivision and northern adjoining lot. As part of amendment, a
provision of a road reserve for any potential ‘T’ section has been provided suitable for waste
future development of the properties to the collection etc.
north.
A site-specific Stormwater Management Plan The applicant has taken on board Council’s
that addresses stormwater quantity and quality. feedback and reduced the lot yield, so the
The SWMP must also include measures to stormwater infrastructure is above the 1% AEP.
convey runoff from external catchments. It is A SWMP has been provided as part of the
noted that the concept plan submitted for the submitted documentation.
meeting indicated a detention basin below the
1% AEP flood level. Any necessary
detention/treatment basin must be located
above the 1% AEP flood plain.
Any development of the site must not impact on Lot yield has been reduced to ensure there are
the ability of the property to convey flood waters no offsite flood impacts.
for up to and including the 1%AEP event and
must not create any adverse flooding impacts
on upstream and downstream properties
Any application must include sufficient detail to Preliminary engineering drawings are provided
demonstrate that suitable connections can be and verbal Unitywater approval to ensure the
provided to urban services (sewer, water, lots west of the sewer main can utilise a low
electricity and telecommunications) pressure main. Noting that Unitywater’s forward
planning allows for 18 dwellings accommodated
on this site. The Rural zoned lot is also
proposed to be fully serviced.
Page 7 of 12
Page 8
5.0 Planning assessment
5.1 Key issues
5.1.1 Lot Sizes and layout
The lots within the Low density residential zone are all greater than the required minimum lot size of
1,000m² as specified in Table 9.5.1.4 of the Reconfiguring a Lot Code. Each lot affords a generous
developable area exclusive of batters or easements.
There is no further subdivision of rural zoned land and lot 10 is proposed with a large building
envelope (1,270m²) outside the flood extent meaning that all structures will be flood free and there
is no impact on flood prone areas. The building envelope area is more than sufficient to
accommodate a dwelling house and associated structures above flood level.
The proposal is a site responsive design as the lots step down the slope with mostly a 1:4 batter
between the lots with only a retaining wall to the eastern end of lot 1.
5.1.2 Flooding
The rear of the subject site is within a flooding and inundation extent area, as identified in Figure 4
below.
Figure 3 - Aerial of the flood inundation area
All lots, including the building envelope of 1,270m² on lot 10, are above the 1% AEP except for a
small amount of fill within the flood hazard overlay to accommodate the N.W. batter of the building
envelope of lot 10. It is important to note the applicant has amended the pre-lodgement plans, reduce
the lot yield and provided all stormwater infrastructure outside the Flood hazard overlay.
For clarity the flood overlay mapping extent has been indicated on the layout plans with a blue line.
5.1.3 Servicing, Footpaths and Driveways
All relevant services can be provided to the proposed lots, including electricity supply, NBN,
reticulated water and sewerage, and connection to stormwater treatment and management
infrastructure.
Page 8 of 12
Page 9
All overland flow is addressed and the stormwater is accepted from the neighbouring southern
property and directed along lot 10’s southern boundary.
An engineering report has been provided that demonstrates the driveway, crossover and sightlines
can meet the provisions of the Planning Scheme and relevant standards.
In terms of sightlines, the road reserve boundary is set back 6m from the existing nominal kerb
alignment meaning there is adequate space for a car to stop and see vehicles on Pavilion Street
without being impacted by property fences. Visibility to the north is unobstructed and would exceed
250m, however, to the south, visibility is slightly impacted by the low crest at the intersection of
Sandy Street and a sag in Pavilion Street approximately 115m south of Sandy Street in front of 20
Pavilion Street. The visibility in this direction is approximately 120m, however it should be noted that
given this an existing street Extended Design Domain standards could also be adopted which would
reduce the visibility requirements to between 81 and 89m.
Unitywater has verbally agreed that a low-pressure sewer main can be utilized in this situation to
service all lots including the lot 10. Unitywater forward planning indicates further servicing of 18
dwellings on this lot.
Standard driveway crossovers can be provided from the new road to each lot and therefore no
driveway crossovers are required to be constructed as part of this subdivision but as can be
constructed as part of any downstream building approvals for a dwelling house.
5.1.4 Landscaping
The Landscaping Code seeks for a minimum of 2 street trees per lot or every 8 metres, whichever
is greater. Appropriate conditions can be imposed to this effect.
5.1.5 Biodiversity
The site is generally void of any significant biodiversity value with the eastern portion being an
established orchard of exotic fruits. The centre of the lot consists of a swale and dam surrounded by
mostly weed species of camphor laurel and slash pines combined with some swamp mahogany.
The rear of the lot is generally mowed grass and flood prone where all native vegetation will be
generally retained. The applicant is accepting of a vegetation protection covenant to be conditioned
over the riparian buffer area and regenerated in accordance with the Council’s mapping. This will
offset any clearing of native species in other areas of the site.
Figure - The Noosa Plan 2020 Biodiversity Overlay
Page 9 of 12
Page 10
In terms of the Noosa Plan 2020 mapped watercourse indicated on the Biodiversity Overlay map, a
field survey found this is a mowed swale leading to a formed dam with mostly weed species trees of
camphor laurel and slash pine near the dam. The swale has no defined banks and is not mapped as
a watercourse by the State mapping. Figure 5 below shows the swale.
An ecological assessment report has been provided as part of the submitted documentation that fully
addresses all aspects of the Noosa Plan 2020 and other relevant matters.
Figure 5 - Images of the swale mapped as a watercourse under the Noosa Plan Biodiversity Overlay
Page 10 of 12
Page 11
5.1.6 Bushfire
The site is partially mapped as Medium potential bushfire intensity and Potential Impact Buffer. The
site is generally clear of vegetation with small stands of vegetation centrally located and a scattering
of trees elsewhere on site. A site-specific Bushfire hazard assessment has been provided which
concludes that the mapping in both the Noosa Plan and State Planning Policy have been overstated
and the site is in fact a Low Hazard Area. Therefore, no further action is required as the provisions
of the Bushfire hard Overlay do not apply in accordance with PSP8 Natural hazards.
In terms of the potential revegetation of the riparian buffer and bushfire hazard, the nearest potential
built form has more than 100m of separation (lot 10 building envelope and lot 6) and will therefore
not introduce any unacceptable future bushfire risk.
6.0 State assessment and other matters
6.1 State interests
6.1.1 Matters established in the Planning Regulation
A small portion of the site is mapped as Koala Priority Area and is required to be assessed against
Schedule 11, Part 2 of the Planning Regulation 2017. In this regard the development retains Koala
movement corridors as the development is more than 140m from any mapped Koala habitat to the
south and west of the site. Importantly the vegetation protection covenant and revegetation proposed
will provide additional habitat and corridor for Koalas which significantly improves the current
situation.
6.1.2 State Planning Policy
The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests
relating to development assessment are set out in Part E of the document and are under five broad
themes. Section 2.1 of the Noosa Plan 2020 confirms that it integrates the provisions of the State
Planning Policy into the Planning Scheme. Therefore, no further assessment is required against the
SPP.
6.0 Conclusion
The original proposal was amended because of Council’s feedback from the pre-lodgement meeting.
The applicant reduced the yield by 1 lot to provide future access to the northern neighbouring lot and
to ensure stormwater treatment and quantity infrastructure are above the 1% AEP.
The proposed 1 lot into 10 lot subdivision meets the minimum lot size of 1,000m² and retains the
character of the larger urban lots in Pomona. A building envelope of 1,270m² is proposed for Lot 10
(Rural zoned lot), which ensures buildings are located above the flood level. The development does
not impede or disrupt the flood extent and all overland flow paths are addressed and stormwater is
proposed to be treated within a bioretention basin above the 1% AEP.
Page 11 of 12
Page 12
The watercourse mapped by the Biodiversity Overlay is not mapped by the State as a watercourse
and a field survey indicate it is a swale drain, which is consistently mowed with no defined banks
and leads to a formed dam and surrounded mostly by non-native species. The vegetation to be
removed has been addressed in the submitted Ecological Assessment.
Although the site is within a Koala Priority Area, the proposal does not remove any Koala habitat and
complies with Schedule 11, Part 2 of the Planning Regulation 2017. Not only does the revegetation
of the riparian buffer provide water quality and bank stability, it provides additional Koala habitat and
corridor which vastly improves the current ‘pasture’ situation. The vegetation protection covenant
more than offsets any removal of native species within the urban development site to the east.
The new road intersection with Pavilion Street meets all the relevant standards and policies and has
been designed by an RPEQ. Notably, sightlines can be achieved without the need for a truncation
of the northern lot.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development
(The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of
the assessment benchmarks for the development; and
(b) may decide to approve the application even if the development does not comply with
some of the assessment benchmarks; and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment
benchmarks, decide to refuse the application only if compliance cannot be achieved by
imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development generally complies with all Acceptable and Performance
Outcomes of the applicable codes. The Assessment Manager’s favourable consideration of the
above development application is therefore recommended.
Page 12 of 12