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Delegated Report - Code - Planning MCU22 0140 · MCU22/0140
Author Consultant Planner Development Assessment APPLICATION DETAILS Application No. MCU22/0140 Applicant Robyn Lynette Kildey Proposal Material Change of Use - Multiple dwelling Properly Made Date 16 August 2022 Information Request Date 1 September 2022 Information Response Date 4 November 2022 Decision Due Date 21 December 2022 Report Completed Date 14 December 2022 Report Reviewed By Lisa Pienaar PROPERTY DETAILS Property Address 7 Ruby St Cooroy Qld 4563 RP Description Lot 616 C 56014 Land Area 1,012m² Existing Use of Land Dwelling House STATUTORY DETAILS SEQRP Designation Urban Footprint Zone Medium Density Residential Zone Precinct Not Applicable Local Plan Area Cooroy Local Plan Area Overlays Not Applicable Assessment Type Code PROPOSAL The application seeks approval for a Material Change of Use - Development Permit for Material Change of Use to establish Multiple Dwelling (4 small dwelling units). The proposal seeks to establish four (4) single storey, 2-bedroom units over the site. The units are in two blocks of 2 units, with Units 1 & 2 sharing a wall and Units 3 & 4 sharing a wall. Each unit provides kitchen, dining, living, laundry and robe facilities, with multiple bathrooms per unit, a single garage and courtyard areas for private open space. Two units have frontage to Ruby St and 2 units have frontage to Opal Lane. The locality and proposal plan are included below. Figure 1 – Locality Figure 2 – Site Plan Figure 3 – Unit 1 & 2 Floor Plan Figure 4 – Unit 3 & 4 Floor Plan Figure 5 – Elevations Figure 6 – Elevations site details Site Description The subject site is regular in shape and comprises an area of 1,012m2 of relatively flat land with a gentle slope to the southwest. The subject site currently features a dwelling house and associated shed structure. The remainder of the site is characteristic of open lawn and limited landscaping species. Surrounding Land Uses The subject site is adjoined by properties that are likewise included within the Medium Density Residential Zone, predominantly comprising a mixture of single and multiple residential uses. Land to the south and east is included in the Low Density Residential Zone, predominantly characterised by dwelling houses. A mixture of commercial and residential uses are situated to the north and west within the District Centre Zone, with the Cooroy train station, medical and emergency services and places of worship located within the Community Facilities Zone to the west. 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; and Noosa Plan 2020. Noosa Plan 2020 The following codes from the Noosa Plan 2020 are applicable to this development: Medium Density Residential Zone Code; Cooroy Local Plan Code; Dual Occupancy and Multiple Dwelling Code; and Works Codes. The subject site is located in Cooroy and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process. The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below: Criteria Planning Scheme Proposal Complies Building height storeys metres 2 storeys max 8 metres 1 storey 5.5 metres Site cover 45% max 38.25% Plot ratio 0.5:1 max. 0.39:1 Boundary setbacks Frontage (Opal Lane) Side Side Frontage (Ruby Street) 6 metres min 1.5 metres min 1.5 metres min 6 metres min 8 metres 1.5 metres 1.5 metres 6.1 metres Length of wall 15 metres max <15 metres Roof Form Pitch Eaves Min 5 degrees Min 600mm to 75% 22.5 degrees 600mm to >75% Landscaped open space Soft landscaping 353.5m² min min 60% of total 436.5m² >60% of total Private Open Space 20m² min per dwelling 49 - 53m² per dwelling Carparking 4 covered min 1 visitor 4 covered 1 visitor Design Acceptable Outcome AO14.1 of the Medium Density Residential Zone Code requires development to provide visual interest to the street and surrounding areas through: highlighting individual dwellings and land uses; an asymmetrical design presentation to the street; offsetting or staggering dwellings to provide variation in the frontage; varying the roof form As part of the information request stage, concern was raised regarding asymmetrical design. The applicant provided amended plans to address symmetry by including the following: “Unit 4 has been shifted forward towards Ruby St (while still complying within minimum front boundary setbacks) to create an offsetting of the built form presenting to Ruby Ct; Inclusion of alternate front entrance pergolas for Units 3 & 4 to present individual to Ruby St (please see figure 1 below for further detail). Unit 1 has been shifted forward towards Opal Lane (while still complying within minimum front boundary setbacks) to create an offsetting of the built form presenting to Opal Lane; Inclusion of alternate front entrance porch design feature for Units 1 & 2 to present individual to Opal Lane (please see figure 2 below for further detail).” Council accepts the design revisions which partly addresses Acceptable Outcome AO14.1 of the Medium Density Residential Zone Code. It is however recommended that a condition of approval be included to address the garages of both frontages which remain symmetry in design (material, style colour etc.) cONSULTATION Referral Agencies Not Applicable Internal Council Referrals The application was forwarded to the following internal Council officer for review and/or comment: Engineering Officer conclusion & reasons for decision The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval. The report is provided in accordance with Section 63(5) of the Planning Act 2016. RECOMMENDATION With regard to Application No. MCU22/0140 for a Material Change of Use - Multiple dwelling situated at 7 Ruby St Cooroy Qld 4563 and described as Lot 616 C 56014, it is recommended the application be approved in accordance with the following details for the Decision Notice: application details Application No: MCU22/0140 Street address: 7 Ruby St Cooroy Qld 4563 Real property description: Lot 616 C 56014 Planning Scheme: Noosa Plan 2020 (25 September 2020) Decision details Council decided to issue the following type of approval: Development Permit for Material Change of Use - Multiple dwelling (4 units) CURRENCY PERIOD of approval The currency period for this development approval is stated in the conditions below. assessment manager conditions PLANNING When Conditions must be Complied With Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues. Approved Plans Development undertaken in accordance with this approval must generally 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 - B Site Plan, prepared by Ausmar 25/10/22 - B Floor Plan Unit 1-2, prepared by Ausmar 25/10/22 - B Elevations Unit 1-2, prepared by Ausmar 25/10/22 B Sections, prepared by Ausmar 25/10/22 - B Floor Plan Unit 3-4, prepared by Ausmar 25/10/22 - B Elevations Unit 3-4, prepared by Ausmar 25/10/22 B Sections, prepared by Ausmar 25/10/22 - B Landscaping, prepared by Ausmar 25/10/22 Currency Period This development approval lapses if the use has not happened by 14 December 2028, unless an application to extend the currency period is approved by Council. Performance Bond Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. 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. Building Appearance All air conditioning units must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. To address asymmetrical design requirements, the garage doors for Unit 1/2 and Unit 3/4 is required to include variation. In this regard, varying design, line and plane, style and colour is required such that the doors do not maintain a symmetrical presentation to the site’s street frontages. Amended plans must be submitted to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works. Fencing and Walls Any street fencing must be set back an average of 1 metre from the front property boundary and step the design at a maximum of 5 metre intervals. Were any fencing is on the front boundary must either: not exceed a maximum height of 1.2m be of open construction. The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street. Clothes Drying Areas Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view. Building Height The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground level. Community Management Statement Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment. All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice. Street Identification The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name. Water & Sewer Connections An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater). A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site. External Works Ruby Street and Opal Lane must be upgraded for the length of their frontages to the subject site. The works must be undertaken in accordance with an Operational Works approval; be generally in accordance with Ingeniir’s engineering plans, project 215101, Issue B, dated 03/11/2022; and must include in particular: Replacement of existing stormwater gully and extension of existing stormwater pipe; Construction of concrete pavement connecting to existing concrete pavement on Opal Lane; Removal of the existing property access and reinstatement of the kerb and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed. Site Access and Driveways Sealed access driveways must be provided from Ruby Street and Opal Lane to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular: driveway crossovers generally in accordance with Council’s standard drawings RS-049, RS-050 and respective addendums. Car Parking A minimum of 5 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular: 1 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use; dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities. Stormwater Drainage The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and generally in accordance with: Ingeniir’s engineering plans, project 215101, Issue B, dated 03/11/2022; and Report titled “Stormwater Management Plan”, ref 215101-SMP-01, Rev 02, dated 03/11/2022, prepared by Ingeniir Pty Ltd. Services Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications. Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction. Easements Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property. All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement. All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee. Earthworks and Retaining Walls All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level. All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence. Damage to Services and Assets Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times: where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or where otherwise, upon completion of the works associated with the development. Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval. Landscaping Works The development site must be landscaped generally in accordance with the concept plan prepared by Ausmar (Issue B Landscaping, prepared by Ausmar). The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan PSP2 – Landscaping for this specific area and must include in particular: Front fences or walls must be set back an average of 1 metre and articulated, stepping the design at a maximum of 5m intervals; An average 1 metre wide landscaping strip along the both road frontages exclusive of the access driveway and generally uncompromised by infrastructure items; Screening landscaping for side boundaries must include screening plants which grow to a minimum height of 4m at maturity and provided at maximum 1.5m centres. Palms are not permitted to be utilised for screening; Provision of 4 x 45 litre street trees (2 on each frontage); Appropriate species that meet PSP2 – Landscaping policy or endemic to Noosa; No use of synthetic turf; Adequate vegetative screening of tanks. All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached. All landscape works must be maintained generally in accordance with the approved design for the life of the development. referral agencies Not applicable. Advisory notes The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions: PLANNING Aboriginal Cultural Heritage Act 2003 There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act). The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage. You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act. Equitable Access and Facilities The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities. Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work: the Disability Discrimination Act 1992 (Commonwealth); the Anti-Discrimination Act 1991 (Queensland); and the Disability (Access to Premises – Buildings) Standards. Development Compliance Inspection Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection. Infrastructure Charges All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges Co-ordination of Operational Works Assessment Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application. property notes Not applicable. VARIATION approval details Not applicable. further development permits required Type of Development Permit Required Subject of the required Development Permit Development Permit for Operational Works Road work, Stormwater, Drainage work, Earthworks, Landscaping Development Permit for Building Works All building work submissions Not applicable. RIGHTS OF APPEAL You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached. During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given. OTHER DETAILS If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices. 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