MCU14-0024 Delegated Report · MCU14/0024

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU14/0024
	
Author:	Glen Conforti
	
Project Director:	Glen Conforti
	

SUMMARY:

APPLICATION DETAILS
Applicant:	PQ Architects
Proposal:	Development Permit for Material Change of Use of Premises - Detached House
Properly Made Date:	16/04/2014
Information Request Date:	2 May 2014
Info Response Received Date:	21/05/2014
Date of Site Visit:	April 2014
Decision Due Date:	18 June 2014

PROPERTY DETAILS
Property Address:	Noosa Dunes 23/512 David Low Way CASTAWAYS BEACH  QLD  4567
RP Description:	Lot 23 SP 111721
Land Area:	643.0000 Square Metres
Existing Use of Land:	Vacant

STATUTORY DETAILS
Planning Scheme:	The Noosa Plan (16 September 2013)
Locality:	Eastern Beaches
Zone:	Detached Housing subject to a POD
Assessment Type:	Code

PROPOSAL:

The proposed dwelling is located in the Noosa (formerly Marcus) Dunes Group Title Development. The proposed detached house is not required to comply with The Noosa Plan’s codes, as The Noosa Plan calls up the relevant Plan of Development 67 on plan ACA-1, Zoning Map ZM4a. Dwelling houses must be constructed in accordance with the development parameters outlined on the plan of development, which are contained in the assessment following.

SITE DETAILS:
Site Description
Site & Locality Description
Road Frontage	Internal Common property road
Existing Significant Vegetation	No
Topography:	Steeply sloping from the north west corner to the south east corner of the site.
Surrounding Land Uses:	Detached houses within a community title subdivision

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument
any applicable master plan and

The application has been found to generally comply with all applicable statutory instruments.

The provisions of the Plan of Development 67 on plan ACA-1, Zoning Map ZM4a is assessed in the table below:

Plan of Development No.65 requirements	Assessment of Compliance
Buildings shall be constructed in the envelopes as shown on the POD Setbacks 5m  to west boundary (frontage) for this lot 2m to south and northern boundaries 6m  to the east boundary (rear)	
Maximum Building Height 2 storeys 8m or: maximum roof level as shown on POD whichever is the lesser height	Not Applicable
Maximum Building levels 3 levels	The dwelling complies with the maximum building levels.
Site Coverage maximum of 40%	The proposal plans indicate a site cover of 32%.
Maximum dwelling unit floor area 350m² (including garage space) and one managers office of 40m².	The proposal plans indicate a gross floor area including the garage of 346m².

CONSULTATION:
Referrals
The application was forwarded to the following internal council specialists:

Development Engineer, Engineering and Environment Assessment Branch

Their assessment forms part of this report.

CONCLUSION:

It is concluded the proposed development meets the provisions of Plan of Development 67 on plan ACA-1, Zoning Map ZM4a and does not raise any significant planning or engineering issues. The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU14/0024 for a Development Permit for Material Change of Use of Premises - Detached House situated at Noosa Dunes 23/512 David Low Way CASTAWAYS BEACH  QLD  4567 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU14/0024

1.	APPLICATION DETAILS

Application No:	MCU14/0024
Street Address:	Noosa Dunes 23/512 David Low Way CASTAWAYS BEACH  QLD  4567
Real Property Description:	Lot 23 SP 111721
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Detached House

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

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 authorised by this approval must be undertaken generally in accordance with the Approved Plans listed below, unless otherwise amended by the conditions of approval.

Plan No.	Rev.	Plan Name, prepared by	Date
1.1	A	Marcus Dunes Court (Common Property), prepared by Phil Quayle Architects	06/04/2014
1.2	A	Floor Plan – Ground, prepared by Phil Quayle Architects	06/04/2014
1.3	A	Floor Plan- First, prepared by Phil Quayle Architects	06/04/2014
1.4	A	Floor Plan- Second, prepared by Phil Quayle Architects	06/04/2014
1.5	A	Roof Plan, prepared by Phil Quayle Architects	06/04/2014
2.1	A	Street & Western Elevations, prepared by Phil Quayle Architects	06/03/2014
2.2	A	Northern & Eastern Elevations, prepared by Phil Quayle Architects	06/03/2014
2.3	A	Southern Elevation, prepared by Phil Quayle Architects	06/03/2014
3.1/1	A	Section, prepared by Phil Quayle Architects	06/03/2014
3.1/2	A	Section, prepared by Phil Quayle Architects	06/03/2014
06		Landscape Plan, prepared by Phil Quayle Architects	Jan 2014

Plan of Development
The development must be carried out in compliance with the relevant requirements and provisions of the Plan of Development (No 67).

No retaining walls outside of the building envelope except where required for the driveway and front entry.

Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface. In this regard, the natural ground surface  must be reinstated within the setback areas.

Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.

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 issue of a Development Permit for Building 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.

Landscaping
The site must be landscaped generally in accordance with the approved landscape plan. A detailed species list and plant location must be submitted to Council prior to the issue of a Development Permit for Building Works.

All landscaping must be planted in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines and consist of native, endemic species.

Trees in the road reserve must be protected from construction activities by:
clearly marking vegetation with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.

CIVIL ENGINEERING

Geotechnical Stability
The development must be carried out in accordance with the Slope Stability Assessment prepared by SCG Consulting Engineers Reference 23277(SL) dated 17 January 2014.

Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.

All earthworks 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.

Excavation of the site and the construction of the proposed works must not have any adverse effects on the stability of adjoining buildings and/or structures and/or services and/or lands. In this regard, a Registered Professional Engineer Queensland must supervise the excavation of the site and the construction of the new works to determine whether any additional measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands.

Erosion and Sediment Control
Prior to the completion of the development, 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. 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 above or below the ground must be repaired:
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

Vehicle Access
A vehicular access driveway to service the dwelling must be constructed from the edge of formation of the common property driveway to the proposed garage. The driveway must be constructed in accordance with AS/NZS 2890.1-2004 and IPWEAQ standard drawing SEQ R-050.

Roof Water and Stormwater Drainage
The stormwater drainage system must be constructed generally in accordance with drawings numbered and titled 23277 – SW1 Site Stormwater Management Plan dated May 2014.
The on-site infiltration system must be constructed wholly within the subject site and in a manner that does not compromise the stability of the subject site, the common property or any adjoining property.
The on-site infiltration system must be maintained by the property owner.
All site stormwater drainage must be by means of a gravity system.

General
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The transportation of all materials to and from the site must be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site must be covered to prevent materials including dust being windblown from the vehicle.

5.	REFERRAL AGENCIES

Not Applicable.

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

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.
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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

9.	PROPERTY NOTES

Not Applicable.

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All Building Works)

12.	SELF ASSESSABLE CODES

The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Detached House Driveways Code

13.	SUBMISSIONS

Not Applicable.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

15.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

16.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

REPORT COVER SHEET
PLANNING ASSESSMENT BRANCH

Application no:	MCU14/0024
	
Author:	Glen Conforti -
	
Project Director:	Glen Conforti - Planning Technical officer
	

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is referral required to the Councillor Delegated Sign Off Mailbox?:	No
Has a site inspection been undertaken?	Yes
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?	No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PROJECT MANAGER	PROJECT DIRECTOR

Signature:	Signature:
	
Position:  Development Planner	Position: Planning Technical officer
	
Date:	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on 12 December 2009:

Signature:	Date:
	
PROJECT DIRECTOR	

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DELEGATED AUTHORITY REPORT

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