132003.221152.6 Request To Change An Existing Approval For Material Change Of Use For A Dwelling At 12 Park Road, Noosa Heads

132003.221152.6 REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL CHANGE OF USE FOR A DWELLING AT 12 PARK ROAD, NOOSA HEADS

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application 132003.221152.6

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	G. Woolley C/ Max Barthow
Proposal	Request to Change an Existing Approval
Properly Made Date	10 April 2018
Information Request Date	N/A
Information Response Date	N/A

PROPERTY DETAILS
Property Address	12 Park Road, Noosa Heads
RP Description	Lot 54 RP 52918
Land Area	794m2
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Detached Housing
Overlays	Natural Hazards Overlay – Landslide Hazard Natural Hazards Overlay – Medium Bushfire Hazard
Assessment Type	Change to Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 10 July 2018 regarding Application No. 132003.221152.6 for a request to change a Development Permit for Material Change of Use for a dwelling house to include a lift accessed by a subterranean tunnel situated at 12 Park Road, Noosa Heads and:
Agree to the change for a lift and subterranean access tunnel subject to the following additional conditions:
Additional Conditions July 2018 (Subterranean pedestrian access and lift)
Development undertaken in accordance with this approval must 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
CD 5.01	P1	Axonometric Site Plan, prepared by Tim Ditchfield Architects	31.01.2018
CD 2.01	P3	Ground Floor Plan, prepared by Tim Ditchfield Architects	15.01.2018
CD 2.02	P3	Upper Floor Plan, prepared by Tim Ditchfield Architects	15.01.2018
CD 3.01	P3	West Elevation, prepared by Tim Ditchfield Architects	14.01.2018
CD 4.01	P2	Section A-A, prepared by Tim Ditchfield Architects	15.01.2018
		Amended ’Construction Management Plan’	26.09.2017
	D	Tree Protection Plan, prepared by Myles Baldwin Design	06/04/2018
Retention of Existing Trees
All works must be carried out in accordance with Miles Baldwin Design report listed within this Decision Notice and the following requirements:
No further works, machinery or storage of materials are to be located within the undeveloped portion of the Tree Protection Zone of Tree 28, the Endiandra sieberi (Corkwood), located immediately north of the proposed lift access walkway entrance
Adherence to the recommendations laid out in AS4970-2009 Protection of trees on development sites throughout the remaining build.
Establish a Tree Protection Zone as per AS4970 requirements
Tree 28, the Endiandra sieberi (Corkwood), must be monitored and protected from construction activities in accordance with an operational works approval which details the following information:
i.	an advanced arboriculture inspection of the root plate and collar in accordance with the ISA Tree Risk Assessment procedure. The arboriculture inspection must be in the company of Council’s delegate. The permit applicant shall meet the reasonable cost of Council’s delegate attending the inspection.
ii.	landscaping works within the tree protection zone must be undertaken under the direction of the Project Arborist.
Landscaping Works
The development site must be landscaped. The works must be undertaken generally in accordance with the Miles Baldwin Design report listed within this Decision Notice and a further Operational Works approval. The Operational Works must include the following at a minimum:
Details of local native tree and understory species to be installed to the site including upslope of Tree 28, the Endiandra sieberi (Corkwood) and over the access tunnel.
Methods to be engaged in the establishment and maintenance of the required landscaping including arborist recommendations.
Details of reinstatement of the soils to the roof of the access tunnel and methods to ensure slope stability in both short-term and long term.
Landscaping details to ensure the development is visually screened with vegetation when viewed from Main Beach by maintaining and enhancing the existing canopy structure.
Geotechnical
The works must be carried out in accordance with the recommendations of a Slope Stability Assessment which must be prepared by a suitably qualified person. The Slope Stability Assessment must be submitted to Council prior to the issue of Operational Works (Landscaping) The recommendations of the Slope Stability Assessment must not be in conflict with the requirements of the Tree Protection Plan or Construction Management Plan referred to in Condition 62.
Construction Management
The works must be carried out in accordance with an approved Construction Management Plan for the tunnel access way development. The Construction Management Plan dated 22 March 2018 must be amended to detail the removal, storage and replacement of soils for the tunnel access way and submitted to Council prior to the issue of a Development Permit for Operational Works (Landscaping).
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Work (landscaping). The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant has requested a minor change to the existing dwelling at 12 Park Road, Noosa Heads.
The proposal seeks changes to the development approval for a detached house to include a lift which is to be accessed via a subterranean pedestrian link.
The applicant details the proposed changes as follows:
The applicant seeks approval to construct a lift measuring 2m by 2m against the existing dwelling house and also the associated pedestrian access from the approved timber terrace fronting Park Road to the lower level of the lift structure and in addition to a proposed extension of the existing deck to service the proposed lift on what is in effect the middle or living area level of the existing dwelling house on this site.
The parents of the landowner live in Tasmania and at 80 and 77 years of age they are becoming infirm. For the last 10 years the landowner’s parents have spent 3 months during winter per year at the above property in respite from the colder temperatures in that commonly lash Tasmania each winter.
The land owner’s parents, in particular the land owner’s mother, can no longer effectively negotiate the existing stairs that provide pedestrian access to the above existing dwelling house, whether that be down from the easement benefiting the site off Allambi Rise and or up the existing 72 steps from Park Road.
The proposed lift is designed to offer safe access from Park Road to the existing terrace deck on the middle living level of the dwelling house on 12 Park Road for the land owner’s parents. The land owner for the above lot also owns the adjoining land at 10 Park Road on which another dwelling house is currently erected. This existing dwelling at 10 Park Road also incorporates an existing lift that connects the Park Road level up to the pool on the middle of the other dwelling house on that land.
The lift now proposed at 12 Park Road could be used in conjunction with the existing lift in 10 Park Road so as to improve universal access for the landowner’s elderly parents, who will then only need to negotiate three existing steps in order to get from Park Road to that existing house at 10 Park Road.
The primary reason for the proposed lift is therefore to provide universal access from the approved timber terrace fronting Park Road to the middle living level of the house for the young to the older persons and everyone in between….
The lift structure will extend to a height of 8m. above natural ground level. External walls of the proposed lift structure will be clad in rock to match that rock cladding also proposed to the external retaining walls of partly underground access between Park Road and the lift structure.
The application is before Council as there was a previous Court appeal in relation to an earlier change application involving a deck and due to the significant location of the site. Figure 1 shows an aerial view of the subject site.

Figure 1: Subject site
Figure 2 below shows the location of the proposed works on site and Figures 3, 4, 5 and 6 detail floor, elevation and section plans of the proposal.

Figure 2: Location of proposed works

Figure 3: Ground floor plan

Figure 4: Upper floor plan

Figure 5: West elevation

Figure 6: Section plan
site details
Background
The Planning Scheme limits dwelling houses on 6 – 14 Park Road to a maximum gross floor area of 150m². This maximises the retention of vegetation on Noosa Hill and maintains a green back drop to Noosa Main Beach.
On 29 October 2004 Council issued an approval for a dwelling. The following changes to the approval have been issued:
9 October 2006 - allowed a tree to be removed
9 August 2006 - permitted the sewer and stormwater lines to discharge to Park Road rather than to Allambi Rise
27 September 2007 - approved a 50m² extension to the dwelling bringing the total gross floor area to 198m2.
6 September 2017 – approved retaining wall and unroofed deck. Following Council’s decision, an appeal was lodged with the Planning and Environment Court on 20 September 2016 by the applicant. The matter was latter resolved between the parties and confirmed by Judgment of the Planning and Environment Court on 1 November 2011 with the deck setback 1 metre from the front boundary.
21 June 2018 – supported pre-request response for the development of additions to an existing deck attached to the dwelling
In April 2018 Council officers became aware that works for the lift access walkway had commenced at the site without a planning approval. The works relate to piling for the underground tunnel to access the proposed lift shaft.
Site Description
The site contains an existing dwelling nestled amongst the vegetated steeply sloping lot (approx. 30% slope). Vehicle access is from 9 Allambi Rise via an access easement.
Surrounding Land Uses
Immediately to the north is a detached dwelling accessed from Allambi Rise. Further to the north with frontage to Park Road are units that are considerably elevated above Park Road and accessed from an Allambi Rise ‘service’ road.
Immediately to the south is a detached dwelling owned by the applicant. This dwelling has direct vehicle access to Park Road from a basement garage which is within the Park Road setback area. Further to the south are detached dwellings, unit blocks and mixed uses fronting Hastings Street.
To the west across Park Road is Noosa Main Beach and units fronting the beach.
statutory process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’. The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the change would not result in substantially different development as the use remains the same as that approved and the scale and bulk of the development remains generally consistent with the current approval. There are no new uses proposed that would create different or additional impacts;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation; and
the proposed changes do not vary the level of assessment.
Assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The primary issues which require consideration relate to the potential for the proposed development to impact adversely on the treed backdrop to main beach. The proposed impact on existing vegetation is the critical element requiring assessment.
Vegetation
The works that have commenced relate to the construction of piling to each side of the tunnel. These works have impacted on the root zone of a significant tree. The tree is Endiandra sieberi (Corkwood). The tree is a significant part of the treed backdrop to main beach, which screens development along Park Road and Allambi Rise.
The following photograph identifies the location of the Endiandra sieberi (Corkwood).

Figure 7: Photograph taken from Main Beach looking towards the subject site and the Endiandra sieberi (Corkwood).
The applicant’s arborist report, Australian Tree Contractors & Arboricultural Consultants Pty Ltd (TRAQ), which assesses the safety of the tree incorrectly identifies the tree is a Endiandra Sievert sp. it is believed that this is a spelling mistake.
The report includes the following assessment:
This Corkwood tree is growing on the side of a sandy based soil slope of approx. 32 degrees and it has a major bias downhill….
There is the very poor taper of the trunk to the root plate and reaction growth to the increased load by this phototrophic growing tree, primarily no laying down of supporting wood on either the tension or compression side.
The crown has a lot of epicormic growth present which I interpret to be a direct correlation to the root system under severe load and stress.
As identified in the TRAQ assessment this tree is in the process of failure although not necessarily immediately if left with no mitigation response to the issues identified this tree will fail and as the targets also identified in the TRAQ assessment are all in the target zone and the potential impact is very significant to both property and life.
Based on a risk assessment the report provides two mitigation options, the first option is the complete removal of the tree and the second option is end weight crown reduction. End weight crown reduction is the process of reducing the sail area of the crown to reduce wind stresses.
To assist with the assessment of this application an arborist was engaged by Council officers to assess both the tree and the applicant’s report. The report considers a number of issues associated with the tree including root plate movement, ‘lean and heave’ and ‘health and condition’.
The result of the risk assessment performed by Council’s consulting arborist differs to the applicants and results in a lower risk rating. The applicant’s arborist has determined a Risk Score of ‘High’ whilst Council’s arborist score is ‘Moderate’.
Council’s consulting arborist also notes that the report of the applicant’s arborist:
…..although providing a completed ISA Tree Risk Assessment form it does not fully justify the site findings within the body of the report with any additional proof of the alleged issues. It does not explore the option for remedial action that would prolong the life of the tree and allow new vegetation to grow and replace it over time.
The report does not make reference to the requirement that was placed on the tree to be protected and retained within the current development nor does it take into consideration the approved development works or any intrusion into the tree’s root area that may have occurred.
Based on a preliminary visual assessment Council’s consulting arborist has advised that the tree can be retained and recommends the following:
Undertake an advanced arboricultural inspection of the root plate and collar in accordance with the ISA Tree Risk Assessment procedure. Findings to be presented to Noosa Council for consideration.
Where the tree is deemed for retention the following items are required to be addressed to ensure the tree remains in the landscape long term.
Undertake pruning works to reduce canopy sail area and end weight loading (as suggested by ATCAC) within the subject tree report. These works will require Noosa Council approval as they are likely to remove more than 20% live foliage but could extend the retention suitability of the tree to allow replacement planting to establish.
Undertake a site meeting with all occupiers of the site to convey details of the subject tree.
Adherence to the recommendations laid out in AS4970-2009 Protection of trees on development sites throughout the remaining build.
Establish a Tree Protection Zone as per AS4970 requirements.
Any disturbance to the tension side / high side of the tree T28, including landscaping works, must be undertaken under the direction of the Project Arborist. Disturbance may lead to erosion of the sandy soils.
Regular inspection and monitoring of the tree’s structural condition and potential for trunk/root plate movement with photographic and recorded evidence. Monitoring is to be undertaken by a suitably qualified and experienced AQF Level 5 Arborist and presented in a report
As a precaution prior to completing the mitigation measures, it recommended that the deck area is vacated during a weather event with high winds to avoid potential impact from the subject tree, and others within the site, that are within falling distance.
The tree currently forms an important part of the vegetated backdrop to main beach and its retention is the preferred outcome. It is recognised the works that have already been undertaken have the potential to impact on the stability of the tree. Importantly Council’s consultant arborist has identified that it is reasonable for the tree to be retained on the basis that advanced arboriculture assessment be undertaken and there is on-going inspection and monitoring of the tree. It is noted that the advanced arboriculture assessment may result in a recommendation that the tree be removed.
The works that have already occurred have included the removal of the vegetation above the footprint of the subterranean access path. The vegetation removed consisted of planted understory vegetation.
Council’s Environment Officer advises that it is possible for the area above the access path to be re-planted with species native to the locality. The re-planting will restore the area with species which stabilise the slope and provide a visual screen of the development when viewed from Main Beach.
The applicant has also provided a Tree Protection Plan (TPP) prepared by Myles Baldwin Design Rev D 06/04/2018.  An amended Construction Management Plan (CMP) has also been provided. The plans are amended versions of the plans which formed part of the court settlement for the lower deck adjacent to the road frontage.
The reports have been reviewed and the recommendations are generally supported. The applicant has advised that all works and storage of equipment and materials will occur within the area excavated for the pedestrian access tunnel. Accordingly, there will be no further impact on vegetation.
Built form
The built form of the development will be consistent with the requirements of the Noosa Plan as the proposed design modifications will not substantially change the existing approval.
The proposed works do not contribute to gross floor area as the definition of gross floor area excludes lift shafts and floor areas located in a basement. The proposed works will result in a minor increase to site cover related to the footprint of the lift shaft however the total site cover will remain below that permitted by the planning scheme.
Referral Agencies
The application was not required to be referred to any Referral Agencies.
Other Referrals
The application was forwarded to the following internal Council officers:
Environment Officer
conclusion & REASONS FOR DECISION
The application seeks to change the existing development approval for a dwelling to include a lift and subterranean access path. The works, which have already commenced, have occurred in the root zone of a significant tree and result in the removal of planted understorey vegetation. The tree has been assessed by an arborist, engaged by Council officers. The arborist has provided recommendations to address the on-going maintenance and safety of the tree, which may be included as permit conditions.  The on-going maintenance of the vegetated backdrop to main beach is addressed through permit conditions incorporating amendments to the existing Tree Protection Plan and Construction Management Plan. It is therefore recommended that Council support the proposed changes.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	X	Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 JULY 2018

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