Council Report RAL18 0009

RAL18/0009 - Development application to reconfigure a Lot for 1 into 2 lots at 20 mitti street, noosa heads

Document information

Author	Manager Development Assessment, Kerri Coyle
Environment and Sustainable Development Department

Index	ECM / Application / RAL18/0009

Attachments	1.	Proposal Plans
2.	Amended Plans

APPLICATION DETAILS
Applicant	Sara Marie Tritton Peter John Cameron Loxton
Proposal	Reconfiguring a Lot – 1 lot into 2 lots
Properly Made Date	16 April 2018
Information Request Date	8 May 2018
Information Response Date	9 May 2018
Decision Due Date	22 February 2019
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	20 Mitti Street, Noosa Heads
RP Description	Lot 2 RP 173874
Land Area	1373m²
Existing Use of Land	2 Detached Houses

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads Locality
Zone	Detached House
Overlays	Nil
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 12 February 2019 regarding Application No. RAL18/0009 for a Development Permit to Reconfigure a Lot - 1 lot into 2 lots situated at 20 Mitti Street, Noosa Heads and:
A.	Refuse Application No. RAL18/0009 for a Development Permit for Reconfiguring A Lot - 1 lot into 2 lots, situated at 20 Mitti Street, Noosa Heads for the following reasons:
The proposal is not consistent with The Noosa Plan’s Reconfiguring a Lot Code as the proposed lots are not suitable for their intended use as they do not contain house site areas 100% above the 1% AEP flood level with lot 1 subject to significant flooding from an overland drainage path.
The proposal has not demonstrated suitable, safe and appropriate access to Lot 1.
The applicant has not sufficiently demonstrated the proposal will not cause offsite flooding impacts.
The proposed lots are not consistent with The Noosa Plan’s Noosa Heads Locality Code as the proposal will not maintain the safety of people and will not achieve a high level of residential amenity for residents given the overland drainage path that traverses the property.
The proposed reconfiguration will ultimately place more people within an area which has a clear risk of flooding compromising people’s safety.
The proposed lots do not comply with The Noosa Plan’s Reconfiguring a Lot Code as the lots are located within 50m of Noosa National Park.
B.	Advise the applicant that a Detached House is permitted to have only 1 kitchen and laundry pursuant to the Noosa Plan’s Detached House Code and therefore the second kitchen and any second laundry must be removed.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
This application proposes to subdivide 1 lot into 2 residential lots with both lots to share an access from Mitti Street. An easement is to be provided over proposed lot 2 for access and services with a drainage easement initially proposed generally over the whole of lot 1 excluding the existing building footprint, with the area of the drainage easement reflective of the existing overland flow path through the site.
Proposed lot 1 is 711m2.
Proposed 2 is 662m2 including an access easement.
The applicant recently stopped the decision period as provided for by the Planning Act 2016 and amended their proposal plans slightly and removed the drainage easement. The applicant though has now indicated a willingness to accept the requirement of an easement over lot 1 where the easement’s purpose is clear. Attachment 1 shows the original proposed lot layout lodged and drainage easement. Attachment 2 includes the recently amended plans.
This application has been lodged in response to a complaint received raising concerns that the new buildings recently constructed at 20 Mitti Street are being used as 2 detached houses in breach of The Noosa Plan. Review of the house plans, an online search and discussions with the owner suggests that the house on lot 2 is being offered on line for short term visitor accommodation with the house on lot 1 being used by the owner.
site details
Background
At the time the site was being redeveloped, complaints were received from neighbouring residents concerned that the proposed works were likely to adversely impact on the neighbouring residents due to changes in stormwater flows and clearing had been undertaken on site and potentially in the adjoining National Park.
The matter was investigated at the time and drainage plans were provided by the applicant that demonstrated stormwater would be suitably conveyed to prevent scouring of neighbouring properties.  The investigation also showed that vegetation cleared was not protected by The Noosa Plan and was able to be removed without approval from Council. No clearing was evident in the National Park.
Review of the approved house plans also indicated that the proposed development may constitute 2 houses, with 2 separate distinct buildings proposed connected by a covered walkway with the new ‘building’ at the site’s rear on proposed lot 1 containing a large ‘rumpus’ room and ‘wet bar’, a number of bedrooms and separate garaging.  This was raised by officers at the time however the owner maintained it was for use as one detached house.  Inspection of the site and building at the rear shows that the building on proposed lot 1 is being used as a detached house by the owner and the building on lot 2 is being made available for online short term visitor accommodation.
Site Description
The site has a total area of 1373m2 and is a battle-axe shaped lot with access from Mitti Street. The site slopes at a rate of approximately 17% from Mitti Street towards the rear of the site. The site includes numerous palms and melaleucas which are not proposed to be removed as part of this proposal, though it is noted some may require removal in the future should a fence be constructed on the proposed boundary.
An overland drainage line extends through the site from south to north. This drainage line is not mapped as a waterway by The Noosa Plan. Figure 1 below identifies the subject site location.

Figure 1 – Aerial of the subject site
Surrounding Land Uses
The site is surrounded by a mix of detached houses and units reflective of past planning schemes with lot sizes in the area generally reflective of this existing development.  The Rainforest Terraces at 22 Mitti Street include 5 individual townhouses with a common driveway and central recreation area.  Each townhouse is on its own lot of approximately 350m2. To the south is Park Edge Court which comprises 3 town houses with a common road, with each building lot ranging in size from 358m2 to 378m2. The site backs on to the Noosa National Park as shown in Figure 2 below.

Figure 2 – The subject site identified lighted shaded and Noosa National Park to the subject sites right.
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.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017.
Statutory Instruments – Planning Scheme
Locality Provisions
The subject site is located in the Noosa Heads Locality and is zoned Detached Housing. The overall outcomes for the Detached Housing zone seek that detached housing prevails to maintain:
a low impact, low density development form of domestic scale,
a high level of residential of amenity
allotment sizes and densities which are consistent with the character of the particular neighbourhood
building styles befitting the character of the locality and which respond to, and are integrated with, site characteristics including slope, vegetation and water frontage where applicant; and
landscaping amongst buildings, retaining trees and vegetation wherever practical.
The proposed lot sizes are consistent with the character of the particular neighbourhood with lot sizes to the north and south of the site of a similar or lesser area to the lots proposed.
Reconfiguring a Lot
The Reconfiguring a Lot Code requires lots to have the appropriate area and dimensions to provide for the intended use, be not less than 600m2 for detached house lots and 800m2 for battle-axe shaped lots excluding any access handle and provide for private open space.
The proposed battle-axe lots all fall below the minimum lot size and lot 1 is not considered to have an appropriate area to provide for its intended use, as lot 1 has a large overland drainage flow path that traverses the site, as reflected by the drainage easement initially proposed and covers the whole of Lot 1 and an the eastern portion of Lot 2 as shown in Figure 3 below. While there are some relevant grounds for a lesser lot size, given the surrounding lot sizes, proposed lot 1 is not considered a suitable lot. The proposed lot has no useable outdoor area for use by residents, with no works such as pools, garden sheds, cubby houses and the like able to be constructed within the overland drainage flow path due to the potential impact on drainage in the area.
Figure 3 below shows the extent of inundation in a 1% AEP event.

Figure 3 – 1% AEP extent shaded in blue
An existing driveway to access the rear building is located across the overland drainage path which is not immune to certain rain events particularly during a 1% AEP rain event. Concerns are raised regarding potential adverse offsite flooding impacts and the ability of residents to enter and exit the property and to evacuate in major flooding events, compromising the safety of people.
In regard to these concerns, the proposal is to raise the driveway to offset some of the flooding impacts and the applicant’s hydrology consultant advises the following:
The flow across the site is an intermittent flow path from Noosa National Park being dry most of the time with only trickle flows.
Only approximately 30% of the total flow from the upstream catchment passes through the site with the remaining 70% outside the site and inside the National Park.
Adjacent the very upstream southern boundary the flow depth beside the existing residence in a 1% AEP is 400-500mm deep
The required flood immunity for detached houses under the Noosa Plan is 300mm above the modelled floor level whereas the freeboard provided to the existing residence is 580mm above the highest water elevation in the defined flood event on the upper most southern boundary, which is compliant.
The maximum flow depth across the driveway low point is 390mm and the velocity is 1.0m/s maximum which complies with Table 7.4.5 from QUDM which requires a maximum depth x velocity of 0.45m/s2 and the proposal is 0.39m/s2. The QUDM table limits depth x velocity to be less than 0.45m/s2 for vehicle safety at intersections.
The critical time for concentration during 1% flood event is 33 minutes. This means it takes 33 minutes to reach peak depth and velocity and then gradually subsides within approximately 60-65 minutes back to ‘dry’. Therefore, the peak (worst case) flows across the driveway and the site are only happening for 10-15 minutes as per typical flood hydrograph below shown as Figure 4.

Figure 4 - Hydrograph
Council’s hydrology consultant has reviewed the applicant’s Flood Hazard Assessment Report and provides the following advice:
The flood report suggests that only 30% of the total catchment flow will drain through the site but there is no detail of how this has been determined.  A review of the LiDAR ground level DEM of the area suggests most, if not all, of the total catchment runoff is likely to drain through the site.
The modelling makes no allowance for fence blockages and appears to be too localised to provide meaningful results.  While I have not inspected the site, aerial imagery shows that a tennis court is situated immediately downstream.  Given the bushland catchment, there is a high potential for a chain wire fence to become highly blocked with debris and this will increase flood levels through the site.
No comments have been provided in regards to the flood resilience of the dwelling.  It is situated within a natural bushland flow path and it will be subject to flooding from time to time (certainly below floor level).  It would need to be demonstrated that the house is resilient to flooding and give consideration to the high levels of natural debris that is likely to be mobilised during a large flood.
Flood hazard risk associated with the proposed access should be assessed in more detail and account for full catchment flows and debris.
Overall I would not support this proposal.  Ultimately it will place more people within an area which has a clear risk of flooding.
There is a discrepancy between the house extension architectural drawings by Void Building Design and the Building Pad and Site Works Plan (ST03-1) (2) by Barlow Shelley on the exact location of the driveway and associated culvert crossing
Flood level and velocity impact plots are required to demonstrate no significant adverse flooding impacts will result on adjacent and downstream properties, and to demonstrate that a lawful point of discharge will be achieved
A number of deficiencies in the information supplied to date, as well as discrepancies in this
data, have been identified.
The proposal is not consistent with the Reconfiguring a Lot Code requirements for 100% of the allotment to be above the defined flood level of 1% AEP water surface levels, with lot 1 located almost fully below the 1% AEP and lot 2 in part. Lot 1 clearly does not contain a suitable house site area being subject to flooding from an overland drainage flow path.
Specific Outcome 05 also requires house site areas to be located at least 50m from any land within a national park. The additional lot is located within 50m of the National Park and while a building has already been constructed on the lot there is potential for ongoing edge effects.
cONSULTATION
Referral Agencies
The application was not required to be referred to any state Referral Agencies.
Other Referrals
The application was forwarded to the following internal Council officers:
Coordinator Operational Works
Two external Hydrology Consultants
Public Notification
The application was code assessable and not required to be publicly notified for comment.
conclusion & REASONS FOR DECISION
The applicant seeks to create 2 new residential detached house lots, one of which is nearly completely inundated in a 1% AEP event.
It is proposed to raise the driveway to help offset flooding impacts on the surrounding properties and to gain safe access to and from the site. However, it is considered the applicant has not sufficiently demonstrated that there will be no offsite flooding impacts as a result of the proposal and therefore has the potential to cause actionable nuisance and compromise the safety of people and property.
The proposal is not consistent with The Noosa Plan’s Noosa Heads Locality Code and Reconfiguring a Lot Code as the proposed lots, particularly lot 1, is not suitable for its intended use given the overland drainage path that flows through the site.  The proposed lots are not fully located above the defined flood event level and are subject to flooding.
While a building has been built on lot 1, the creation of a separate lot will ultimately place more people within a flood area putting people at risk particularly where future residents are unaware of the drainage overland flow path. Modification will also be required to the existing buildings to ensure they meet the requirements for one detached house and are only ever used as 1 detached house into the future.
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	X	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		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 FEBRUARY 2019

[Attachment: image3.png (image text)]
 

 

Extent of 1% AEP
overland flow inundation

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ESDENCE

LOT2
684m?
(including
Access
Easement A)

 

 

 

Proposed drainage
easement

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TOBEREWOVED

 

LOT1
689m?
(including
Drainage
Easement 8)

Cross-section
of Max WSL