Council Planning Report MCU17/0028

MCU17/0028, oPW17/0120 & REC17/0012- DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING TYPE 1, RECONFIGURE A LOT (1 LOT INTO 2 LOTS) AND OPERATIONAL WORKS (ENGINEERING WORKS) 23 TEWANTIN rOAD COOROY

Document information

Author	Coordinator Planning, Patrick Murphy
Environment & Sustainable Development Department

Index	ECM/Application/MCU17/0028/REC17/0012/OPW17/0120

Attachments	Nil

APPLICATION DETAILS
Applicant	Tea 4 Two Pty Ltd TTE
Proposal	Development Permit for Material Change of Use of Premises - Multiple housing Type 1 – Duplex, Operational Works (Engineering Works) and Reconfiguration of a Lot – 1 Lot into 2 Lots
Properly Made Date	06 April 2017
Information Request Date	9 May 2017
Information Response Date	22 June 2017
Decision Due Date	17 August 2017
Number of Submissions	No Submissions
PROPERTY DETAILS
Property Address	23 Tewantin Rd COOROY  QLD  4563
RP Description	Lot 102 C 5604
Land Area	1,012 Square Metres
Existing Use of Land	Detached House
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake Macdonald
Zone	Semi- attached housing
Overlays	Nil
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Coordinator Planning, Patrick Murphy to the Planning & Environment Committee Meeting dated 8 August 2017 regarding Application No. MCU17/0028, OPW17/0120 and REC17/0012 for a Development Permit for Material Change of use of Premises Multiple Housing Type 1 – Duplex, Operational Works (Engineering Works) and Reconfigure a Lot 1 Lot into 2 Lots situated at 23 Tewantin Road, Cooroy described Lot 102 C5604 and approve the application in accordance with the following conditions:
Material Change of Use
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
T42S1		Site Plan	15.03.2017
T42E1		Elevations -  Existing house	15.03.2017
1 of 6		Site Plan drawn by Ausmar	13.03.2017
2 of 6		Ground Floor drawn by Ausmar	13.03.2017
3 of 6		Elevations drawn by Ausmar	13.03.2017
4 of 6		Elevations drawn by Ausmar	13.03.2017
Dedication
Prior to the commencement of the use a two (2.0) metre wide strip extending across the full length of the frontage to Olivine Lane is to be dedicated to Council as ‘Road’.
Roof pitch and eaves
The roof of the new dwelling must have a roof pitch of no less than 12 degrees and have minimum 600mm eaves to at least 75% of the perimeter of the building.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area.
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.
External Works
All works required in the Tewantin Road road reserve must be completed prior to the commencement of the use.
Site Access and Driveways
A sealed access driveway must be provided from Tewantin Road and Olivine Lane to all parking and manoeuvring areas of the development. The works must include in particular driveway crossovers generally in accordance with Council’s standard drawings RS-049 and RS-050
Tewantin Road.
Approval from the Department of Transport and Main Roads for the final design of the site access and driveway works in Tewantin Road must be submitted in writing to Council prior to the commencement of the works. All works must be completed and accepted by the Department of Transport and Main Roads prior to the commencement of the use.
Olivine Lane
The existing access driveway from Olivine Lane may be retained provided that certification from a Registered Professional Engineer of Queensland (RPEQ) is submitted to Council. The certification must state that the driveway is in good order and is suitable for the intended use. If the certification cannot be provided the existing driveway must be removed and replaced with a compliant driveway.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the pre-start meeting. 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 or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing 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.
Car Parking
Car parking spaces must be provided and marked on the site in accordance with the approved plans. The car parking must include in particular cross falls and gradients in accordance with Australian Standard AS/NZS2890.1:2004.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.
The development must be constructed so as not to concentrate or redirect stormwater runoff onto neighbouring properties.
Electricity and Telecommunication Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
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 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 contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
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.
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.
RECONFIGURING A LOT
Plan No.	Rev.	Plan/Document Name	Date
16-4325AA		Plan showing details of Lot 102 on C5604 drawn by Max Waterson and Associates	20.12.2016
16-4325AB		Plan of proposed Reconfiguration of Lot 102 on C5604 (Community Title Scheme) drawn by Max Waterson and Associates	30.03.2017
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for plan sealing.
operational works
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
1622-01	C	Site Plan prepared by Callaghan and Toth for that part within the subject site	June 2017
1622-02	C	Driveway Layout & Sediment Control Plan prepared by Callaghan and Toth for that part within the subject site	June 2017
1622-03	C	Driveway Detail Plan prepared by Callaghan and Toth for that part within the subject site	June 2017
1622-06	C	Structural Detail Plan prepared by Callaghan and Toth for that part within the subject site	June 2017
1622-07	C	Driveway Longitudinal Section prepared by Callaghan and Toth for that part within the subject site	June 2017
T42L1		Landscape Plan	15.03.2017
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (e.g. Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre start” meeting.
A condition report including photographs of the frontage of the site (Olivine Lane and Tewantin Road) must be completed and submitted to Council at the prestart meeting / prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction;
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased;
Proposed fencing to the site during the construction phase of the development;
Adequate parking arrangements for construction workers.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues.
identification of complaint management procedures including:
contact details for the on-site manager;
dispute resolution procedures.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction must be notified to Council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
Landscaping Works
The development must be landscaped in accordance with these conditions and the approved landscape plans prior to the commencement of use.
A minimum pot sized 100L street tree must be installed in the Tewantin road frontage and:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Be of an approved Council species suitable for the location and of local origin.
Planted in accordance with Planning Scheme Policy 3 Landscaping Plants and Guidelines.
Landscape works must be supervised, undertaken and certified by a horticulturist.  All works must be completed in accordance with this Decision Notice.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site.
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Site Access and Driveways
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossovers/driveways:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate or redirect stormwater runoff onto neighbouring properties.
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway.
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path.
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing the Plan of Survey.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (e.g. by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Prior to the commencement of the use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term (refer to advisory notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
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.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
A final inspection and approval of the new works and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.

REPORT
PROPOSAL
This application seeks approval to construct a duplex dwelling on the site at Cooroy. The application involves three components including a Material Change of Use for a Multiple Housing Type 1 – Duplex, Operational Work (Engineering Works) and Reconfiguration of a Lot - 1 Lot into 2 Lots.
The proposal involves the retention of the existing dwelling which faces Tewantin Road and the construction of a second dwelling unit to the rear of the site which will face Olivine Lane. Works associated with the front unit include a new vehicular access from Tewantin Road leading to a carport and tandem visitor space located along the eastern boundary.
The new rear unit is proposed to be a single storey, 3 bedroom dwelling, clad with weatherboard and pitched roof form. This unit proposes to take vehicular access from Olivine Lane and provides an enclosed garage attached to the unit and a separate visitor carparking space and manoeuvring to the front of the site.  (refer figure 1)

Figure 1 – Site plan and elevations
Operational Works plans detailing roadworks and stormwater are included as part of the application.
The applicant also seeks approval to reconfigure the site to create a Community Titles Scheme with services constructed for each lot. Proposed lot 1, which contains the existing dwelling, has a proposed area of 494m2 with the rear lot 2 an area of 514m2.
The applicant seeks approval to create these two titles prior to the actual construction of the duplex dwelling and proposes that conditions be included as part of the Community Management Statement to ensure that the newly created vacant lot be developed in accordance with the conditions of Development Approval. Written advice from the applicants’ solicitor details that they consider the conditions would be legal and enforceable.
The proposed Duplex is a code assessable use and has been referred to the Planning & Environment Committee meeting due to the conditions proposed for the widening of Olivine Lane and staging of the subdivision.
site details
Background
A pre-lodgement meeting was held with Council officers on 31 January 2017. A number of matters were raised including:
Access
The issue of most significance is accessing Cooroy Noosa Road. It is noted that the supplied DTMR letter includes the need for the applicant to obtain Council’s approval for the access. In this regard any application will need to demonstrate that the access can achieve compliance with the Noosa Plan - Driveways and Carparking Code and Transport, Roads and Drainage Code. It is expected that any application will need to include suitable engineering designs and it is highly likely that on-site manoeuvring will be required.
Frontage Works
The development will need to include improvements to the site’s frontage to Olivine Lane. The works will most likely include kerb and channel and any associated formation widening.
The site’s frontage to Cooroy Noosa Road is fully formed and at this time it is not expected that any works will be required.
Stormwater
The development will need to provide connection from the lots to the existing Council drainage system.
Services
The development will need to provide services to each lot normally associated with urban development (water, sewer, power and telecommunications). The developer is responsible for any costs associated with the provision of the services.
Reconfiguration
It is expected that all of the required works mentioned above will be completed prior to Council endorsing any survey plan for the subdivision of the land.
Site Description
The site is a rectangular shaped parcel of land located on the north western side of Tewantin Road, Cooroy. The site has frontage to both Tewantin Road and Olivine Lane and slopes down from the Tewantin Road frontage to Olivine Lane with a fall of approximately 4 metres and slope of 15%.
An existing single storey brick dwelling is located on the site 4.5 to 5.0 metres from the Tewantin road frontage. Existing vegetation is limited to amenity landscaping around the periphery of the site.
Surrounding Land Uses
The site is located in an established residential area that is characterised by low set residential dwellings, however, is experiencing change with a number of sites being developed for units. Specifically, the site directly to the west of the site at 21 Tewantin Road has been developed for three, two storey units, whilst the northern section of Olivine Lane has a number of duplex dwellings developed.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policies
The State Planning Policies have been deemed by the Minister for Local Government and Planning as appropriately reflected in the Planning Scheme and therefore do not warrant a separate assessment.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions
Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned semi- attached housing. The proposed use is identified as consistent use within the zone and is required to follow a code assessable application process.
Locality Provisions
Cooroy & Lake Macdonald Locality Code
The site is located in the Cooroy and Lake Macdonald Locality and included in the Semi-Attached housing zone. The Type 2 Duplex is a consistent code assessable use in the zone and the proposal complies with intent of this locality.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Residential Uses Code
Landscaping Code
Engineering Works Code
Reconfiguring a Lot Code
The application has been assessed against each of the above applicable codes. The table below details the proposals compliance with key criteria.
Criteria	Planning Scheme	Proposal	Complies
Site Area	800m2	1012m2	
Population density	1dwelling/400m2 with a max 100persons/ha = 2 dwellings or 10.12 persons	2 units or 6.6 persons	
Gross Floor Area	0.45:1 = 240.4m2	238m2	
Site Cover	40%	39%	
Landscaping	264m2 60% soft landscaping	367m2 60% min	
Roof form	12 degree minimum pitch 600 mm eaves provided for 75% perimeter of building	6 degree and eaves 450mm eaves	x x
Boundary setbacks	• Frontage -6.0m • Side  - 1.5 m • Side – 1.5 m • Rear – 6.0m	Tewantin   Olivine 4.5m        2.8m 1.6m        1.5m 1.5m        1.5m 2.0m        1.8m	x x
Building Height	• in storeys - 2 storeys max • in metres - 8 metres max	• 1 storey • 4.5m	
Length of wall	• 15 metres with one design element • variation in roof forms • segmented balconies • no more than 4 attached dwelling units	• 15.8m • variation in roof forms • segmented balconies • complies	x
Carparking -	1 covered space per dwelling unit and 1 additional space	2 covered spaces and 1 uncovered space	
The pertinent issues arising out of the assessment against the codes are discussed below:
Code	Discussion
Cooroy & Lake Macdonald Locality Code	SO4 and SO5 relate to the use of laneways in the locality. Specific Outcome O4 states that uses are not to diminish the ability of laneways to: relieve traffic on streets; provide convenient and safe rear access to premises; and add to the heritage character of Cooroy; Specific Outcome O5 states: O5 Access for new uses is only taken off a laneway where upgrading works are carried out to the laneway to enable the laneway to accommodate the anticipated levels of traffic. The applicant indicates that the existing dwelling currently takes access off Olivine Lane with the new rear dwelling unit continuing to use this rear access. No further works are proposed to be undertaken in the lane as the applicant submits that they have provided works that are the same width as the remainder of Olivine Lane and retains the existing vegetation further to the east along the Lane. Council’s Development Engineer has identified that the most suitable outcome is a condition of the permit requiring a 2.0 metre wide dedication along the whole frontage to facilitate future works by Council to widen Olivine Lane. In response to this the applicant has provided the following request: We request a 'one off' consideration by Council to reduce fees or infrastructure charges as there is a discrepancy between the estimated cost of the frontage works and the value of the land. The estimated market value of the land, based on comparative prices in the area, would be $240,000 being $466 a square metre, so 40.234m2 of land would be $18,750. At the beginning of the project, our engineer's estimated cost of kerb & channel and stormwater pipe in lieu of the open drain in the laneway was approximately $8000. This proposal was not known at the beginning of the application process or discussed at the pre-lodgement meeting. There is a cost to us to extend the decision period by another month while it is presented to August Council meeting. Subsequent new applicants for this immediate location will have the benefit of knowing at the time of making application that this will be a Council requirement. The applicants request for a ‘one off’ consideration is not supported as the dedication is required in lieu of the applicant undertaking public works within Olivine Lane. The dedication and future dedications resulting from the development of properties abutting the lane will allow for Council to undertake a co-ordinated upgrade of Olivine Lane which will be to a higher standard than what would be required should a Public Works condition be imposed. The dedication is required to ensure that the laneway continues to function satisfactorily as properties adjacent the laneway be developed for duplex dwellings. Furthermore whilst the dedication results in a reduction to the site area the dedication does not impact the proposed layout.
Cooroy & Lake Macdonald Locality Code	O8 Setbacks – The Noosa Plan details a minimum 6.0metre rear boundary setback for duplex dwellings. As the site has two road frontages there is no defined rear boundary for the entire site. However, as the applicant is proposing to subdivide the site and create two Standard Format Lots a rear boundary setback could be applied. The reduced setback to Olivine Lane is for an existing garage. The reduced setback between the units is considered appropriate as there is sufficient open space on site for each unit and the sloping topography and single storied design reduces the impact of the new unit on the existing dwelling.
Cooroy & Lake Macdonald Locality Code	O16 Roof Form – The Locality Code details that buildings are to have a 12 degree roof pitch with 600m eaves. The proposal indicates a maximum 6 degree roof pitch with 450m eaves. It is noted that roof pitches within the area are predominantly compliant with this requirement. As there is no overriding reason for a roof of a lesser pitch a condition to the permit will require compliance with this outcome.
Cooroy & Lake Macdonald Locality Code	O37 Length of wall – The proposed new dwelling unit to the rear of the site slightly exceeds scheme requirements in relation to maximum length of wall requirements of 15m with a length of 15.8m. This slight increase is considered acceptable based on the single storied presentation of the building and windows that break up the rear facade.
Reconfiguring a Lot Code
The creation of individual titles for unit development normally occurs when the units have been completed which provides assurance that the development is occurring generally in accordance with relevant planning approvals. The applicant however seeks approval to subdivide the site and create the title for 2 standard format lots prior to the construction of the actual unit development. This subdivision will result in two separately titled lots of 494m2 and 514m2 that are below the minimum lot size of 800m2 for the Semi-Attached Housing zone and could be disposed of separately.
The applicant has included legal correspondence which states that their solicitors believe that conditions imposed on the development approval would ensure that any future purchaser would be required to develop the site in accordance with any relevant Development Approval.
However, the titling timing and approach proposed by the applicant is not supported as it will create individual lots that are well below minimum lot size requirements. The undeveloped lot could be sold without the development proceeding. It would then be possible for a private certifier to approve a new dwelling which is not in accordance with the approved plans, potentially resulting in a new dwelling with a greater site cover or floor area than that permitted by the Noosa Plan for the development.  Conditions on a reconfiguring a lot permit are not able to satisfactorily control the use of the land.
Accordingly, a condition of the permit will require that plan sealing not occur until the approved dwelling is completed and conditions for the duplex dwelling are met.
Overlay Provisions
No overlays are applicable to this application.
cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
Department of Transport and Main Roads
The Department is a concurrence agency for the development as Tewantin Road is a State Controlled Road. DTMR has provided concurrence conditions that approve the works and location of the driveway to Tewantin Road.
Other Referrals
The application was referred to the following internal Council specialists whose comments form part of this report
conclusion
The proposed Material Change of Use of Premises - Multiple Housing Type 1 – in the Detached House Zone Duplex is a consistent use within the zone and does not raise any planning concerns. The proposal demonstrates a high level of compliance with the applicable codes and required variations are considered to be minor and will not result in loss of amenity or have a detrimental effect on the streetscape. The proposed staging of the lot reconfiguration is not supported and accordingly a condition of the approval will require that the dwelling be completed to frame stage prior to plan sealing. The application for Operational Works (Engineering Works) is also supported.
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		Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		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	8 AUGUST 2017

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AP OESCRIPTION: LOT 102 C5604
PARISH TEWANTIN
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SITE AREA: 10122
Lort: adem
Lore: Sieme
(COMMON PROPERTY : 4m

SITECOVER ALLOWABLE: 40% or 404 8m2
SITECOVER ACTUAL 99 Teeer a96m2
LANDSCAPING REQUIRED: 9.3% 2x cor = 2642
LANDSCAPING PROVIDED: e7m2

       
 

TEA 4 TWOPTY LTD

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2 LOT COMMUNITY TITLE

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23 TEWANTIN ROAD, CORO}

chara oning
{OPine Tree Drive West
LAKE MACDONALD @ sea
(0437087700,

snc muningebapendcon

aig ee

SITE PLAN
Lot 102 C5604

sa ate aan
200 150317 AM

rang no

TALS]

 


[Attachment: image2.png (image text)]
‘esd Rushes tanokee mrorue

   
  
  
  
 

‘CVO LNER 50 CLATONG. PANT FS ssagtyne

 

 

 

 

= 10
2
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= ce
FRONT ELEVATION
45100 ia

 

 

 

 

 

 

 

 

 

 

 

 

50X90 20545 DURAGAL POST

SCVONUNEA Be LADO FART FSH ————

 

Fron acy

    

 

ELEVATIONS

 

Prepared Resene For

‘TERA TWO PTYLTD

 

toron3)
TENANT RO

LEFT ELEVATION
1: 100

 

fare) D-RMAS

sheet 3 OF 6

 

 

 

CUSTOM DESIGN

 

j AIOFLASHNG TOE STRCT ACCORDANCE WITH THE
TURRS DETAMS. WROD SUES SEWN AR NOMA
NAME TO BE VERIFED BY THE BULDER ON SITE, - _