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Letter - Information Request Response - 06JUN2022 - TN
08 June 2022
Noosa Shire Council Via Email: [email protected]
Chief Executive Officer
PO Box 141
TEWANTIN QLD 4565
Attention: Georgina Schramm
Dear Georgina,
RE: DEVELOPMENT APPLICATION FOR A RECONFIGURING A LOT FOR SUBDIVISION (1 INTO 5 LOTS)
UPON LAND AT 83 BUTLER STREET, TEWANTIN
We write to you in relation to the abovementioned development application and Council’s Information
Request dated 8 April 2022.
1. Access Easement and Driveway
The proposed application seeks a subdivision of lots incorporating one rear lot located at the end of Ghostgum
Court, a cul-de-sac street. As identified within Council’s information request, the proposed rear lot does not
achieve the Acceptable Outcome 21.4 of the Reconfiguring a lot code which seeks that ‘No rear lot shares a
common boundary with more than four other lots.’. As such, the proposed subdivision seeks to comply with
the following Performance Outcome PO21 of the Reconfiguring a lot code.
PO21
Rear (battle-axe) lots are created only where:-:
a) it would not be desirable nor practicable for the site to be reconfigured so that all lots have full
frontage to a road;
The subject site, 83 Butler Street, has a dual frontage of approximately 52m to Butler Street and a frontage
of approximately 26m to the cul-de-sac of Ghostgum Court. As the site is located adjoining a cul-des-sac, it is
not desirable nor practicable for the development to achieve five lots each with a full frontage to the adjoining
streets and subsequently be of an inefficient and unusable lot size and shape inconsistent with the lot
character of the local area.
b) located in the Low density residential zone, Rural residential zone or Rural zone;
The development site is located within the Low density residential zone and only proposes rear lots within
the Low density residential zone.
c) development positively contributes to the character of the neighbourhood;
Development for a subdivision proposes lots of a consistent size, shape and character to the existing local
neighbourhood character and supports an increase in dwelling density (i.e. five (5) dwelling lots in lieu of one
Brisbane Byron Bay Gold Coast
07 3361 9999 02 6637 9110 07 5613 2499
57 Manilla Street Office 11, 1 Porter Street Office 6, 155 Varsity Parade
EAST BRISBANE QLD 4169 BYRON BAY NSW 2471 GOLD COAST QLD 4227
Postal: PO Box 7657 EAST BRISBANE QLD 4169 | E: [email protected] | W: www.tpalliance.com.au
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(1) dwelling lot) while remaining low density and scale in accordance with the outcomes sought for the Low
density residential zone.
d) development provides a high standard of amenity for residents and other users of the rear lot and
adjoining properties;
The proposed access easement to the rear lot is located along the existing and future side boundary so as not
to traverse through a large portion of future lot 5. Boundary fencing or the like can be provided in order to
protect the future amenity of lot 5 and adjoining 22 Ghostgum Court. Furthermore, the proposed rear lot 4
is suitably sized and shaped to appropriately accommodate a dwelling house with compliant setbacks and
separation to adjoining lots, thus maintaining the amenity for existing and future residents.
e) the lot is large enough to accommodate anticipated land uses including car parking and
manoeuvring;
Rear lot 4 proposes a land size of over 700m2 which is suitable to accommodate a compliant dwelling house
and vehicle manoeuvring within the site. Given the site is for residential uses, future development on the site
will incorporate a dwelling house with an associated garage or carport providing adequate car parking on site.
f) development is not detrimental to the use and amenity of adjoining lots through loss of privacy,
sunlight or breezes once buildings are constructed;
Future lots are proposed to be suitably sized to allow for adequate setbacks between future dwellings on the
proposed new lots, as demonstrated in Figure 1 below, protecting amenity, privacy and access to sunlight and
ventilation.
g) vehicular access to rear lots will not have a detrimental impact on lots adjoining the access strip due
to excessive noise, light, dust, stormwater runoff and the like;
The proposed access strip is located along the boundary to existing 22 Ghostgum Court and proposed lot 5.
Access to the rear lot 4 allows vehicles to enter the site via a driveway located near a common adjoining lot
boundary, not dissimilar to an access arrangement for a lot with a full road frontage. Suitable fencing to
reduce potential impacts of light and noise can be provided between the proposed and existing lot boundaries
and may be conditioned by Council accordingly.
h) access arrangements do not adversely affect the safety and efficiency of the road from which access
is gained;
Access to the proposed rear lot is located towards the end of a cul-de-sac street which has negligible traffic
demand. The proposed access arrangements as outlined by the attached letter prepared by Q Traffic is sought
as an extension to the crossover / vehicle turnaround within the road verge and allows for clear sightlines and
safe and efficient access to and from the site.
i) their creation does not prejudice the anticipated development of adjoining land.
The subject site and surrounding sites are located within the Low density residential zone, intended for low
intensity and low scale residential uses which the surrounding sites are currently utilised as. Creation of a rear
lot in this location is consistent with the character of the surrounding locality and consistent with the intent
of the Low density residential zone and Reconfiguring a lot code. As such, a rear lot within this site does not
prejudice anticipated development of adjoining land.
Brisbane Byron Bay Gold Coast
07 3361 9999 02 6637 9110 07 5613 2499
57 Manilla Street Office 11, 1 Porter Street Office 6, 155 Varsity Parade
EAST BRISBANE QLD 4169 BYRON BAY NSW 2471 GOLD COAST QLD 4227
Postal: PO Box 7657 EAST BRISBANE QLD 4169 | E: [email protected] | W: www.tpalliance.com.au
Page 3
While the proposed subdivision results in a rear lot that shares a common boundary with greater than four
lots per the Acceptable Outcome, the development demonstrates compliance with the relevant Performance
Outcomes are achieved. On this basis, the subdivision layout remains as originally submitted as the
performance outcomes can be achieved through the implementation of other measures, such as through the
provision of a solid boundary fence along the access easement to preserve the amenity of adjoining
neighbours.
2. Access and Services Easement
The subdivision layout has been revised to further extend the proposed access easement to Lot 4 over Lot 5
to ensure access to the lot is safe and efficient. The easement now allows driveway access to be obtained
adjoining the crossover to existing 22 Ghostgum Court without impeding on access to the existing adjoining
lot and allowing sufficient space for a future crossover to proposed Lot 5. Please refer to the attached RPEQ
statement prepared by Q Traffic for further information.
It is noted that a plan indicating a hardstand area within proposed Lot 4 is unable to be provided as future
vehicle manoeuvring within the site will be dependent on the siting of the future dwelling house and
associated vehicle parking, whether that parking be an integrated garage or standalone carport. Despite this,
the proposed rear lot supports a large potential building envelope in accordance with the setbacks prescribed
under the Isaac Regional Planning Scheme 2021, creating a potential developable footprint of approximately
500m2. On this basis, the site is appropriately sized and shaped to site a dwelling house and required
hardstand area to enable vehicle manoeuvring within the site.
Figure 1 – Indicative Building Envelope for Proposed Rear Lot 4
Due to the proposed location of driveway crossover to the proposed rear lot, Lot 5 will obtain separate access
via a new driveway crossover which can be suitably located away from existing services within the road
reserve / Council verge while remaining separate from the crossover to proposed Lot 4.
3. Stormwater
Brisbane Byron Bay Gold Coast
07 3361 9999 02 6637 9110 07 5613 2499
57 Manilla Street Office 11, 1 Porter Street Office 6, 155 Varsity Parade
EAST BRISBANE QLD 4169 BYRON BAY NSW 2471 GOLD COAST QLD 4227
Postal: PO Box 7657 EAST BRISBANE QLD 4169 | E: [email protected] | W: www.tpalliance.com.au
Page 4
Development of the site will result in five new lots from the existing lot. While future development of the new
lots will be likely to create additional impervious area resulting in potential increases in stormwater runoff,
the proposed catchment size for the existing stormwater infrastructure within the south-west corner of the
site will be reduced as it will only cater for proposed lot 4. Lots 1 to 3 are proposed to lawfully discharge to
Butler Street while lawful discharge is proposed to Ghostgum Court for lot 5.
Please refer to the enclosed letter response prepared by MPN Consultants for further details.
**
We have now fully responded to Council Information Request in accordance with Section 13.2 of the
Development Assessment Rules.
In the meantime, should you wish to discuss the matter further please do not hesitate to contact our office
on 3361 9999.
Should you wish to discuss the project further, please do not hesitate to contact our office on 3361 9999.
Yours faithfully
TOWN PLANNING ALLIANCE PTY LTD
Tara Nunn
TOWN PLANNER
Brisbane Byron Bay Gold Coast
07 3361 9999 02 6637 9110 07 5613 2499
57 Manilla Street Office 11, 1 Porter Street Office 6, 155 Varsity Parade
EAST BRISBANE QLD 4169 BYRON BAY NSW 2471 GOLD COAST QLD 4227
Postal: PO Box 7657 EAST BRISBANE QLD 4169 | E: [email protected] | W: www.tpalliance.com.au