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Request for Negotiated Decision Notice
DANYA COOK TOWN PLANNING
M: 0422 051 263 E: [email protected]
ABN: 65 945 966 479 | DANYA ELIZABETH COOK
21 December 2021
The Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
Correspondence Sent Via Email: [email protected]
Attention: Lisa Pienaar
Dear Lisa,
REQUEST FOR NEGOTIATED DECISION NOTICE
Property Description: Lot 4 on RP72903, Lot 4 on RP77225 and Lot 2 on RP72903
Property Address: 4 – 6 Hay Street and 51 Ward Street, Tewantin QLD 4565
Development Type: Application for a Development Permit for Reconfiguration of Lots by Boundary Realignment
(3 Lots into 3 Lots) and the Establishment of an Access Easement
Local Government: Noosa Council
Council’s Reference No.: RAL21/0009
DC Town Planning Reference No.: 2021-14
On Behalf Of: Kathy Gould and Bob and Marina Gould
1.0 PREAMBLE
With reference to the above development and further to our formal Suspension of Appeal Period, dated 6 December 2021, following
perusal of the conditions of approval, we hereby make formal representations to achieve a Negotiated Decision Notice.
2.0 REPRESENTATIONS
Stormwater Drainage
Condition 8
8. 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 be generally in accordance with drawing number 2021-1087-
13 Revision 2 prepared by Blackall Range Consulting Engineers dated September 2021. The works must include in particular:
a. all private structures (headwalls, scour protection, frog flaps etc) wholly contained within the private property;
b. discharge to the Hay Street road reserve in a manner that does not cause scour or damage to the road reserve;
c. the provision of inter-allotment drainage within proposed Lot 401 to convey runoff from proposed Lot 201;
d. the use of gravity stormwater drainage and not surcharge pits.
Condition 4 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Applicant’s Representation
Condition 8 references Condition 4, “Condition 4 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure”. We believe Condition 8 should reference Condition 8, and not Condition 4. Accordingly, we request that Condition
8 be updated as follows:
Condition 8 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
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Request for Negotiated Decision Notice December 2021
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Page 2
DANYA COOK TOWN PLANNING
Earthworks and Retaining Walls
19. An easement for support for the retaining wall must be registered against the titles of proposed Lots 401 and 402. The easement
must ensure the ongoing protection of the retaining wall.
Applicant’s Representation
With respect to Condition 19, generally the requirement is for a retaining wall to be fully contained within the lot it serves without a
need for an easement, however, it is understood that Council’s rational behind Condition 19 is as follows:
“The proposal includes the filling of part of proposed Lots 401 and 402. The submitted design plan includes filing across the proposed
internal boundary with retaining walls on the northern, eastern, and southern extents of the filling. Council has concern that future
owners may wish to alter the fill level within their lot, which may have a detrimental impact on the adjoining lot.
To address the concern, the condition for the construction of the additional retaining wall along the proposed internal boundary has
been included. The easement for support will protect the wall into the future. An alternative may be to construct two (2) walls along
the internal boundary, each wholly located within their respective lot; this seems excessive when the easement would address the
concerns”.
The establishment of two (2) retaining walls is excessive, however, the requirement to establish an easement over the retaining wall
is onerous, as this differs from lots developed elsewhere. If one owner wishes to alter the level of their own land in the future, they
will need to obtain a Development Permit for Operational Work (Excavation or Filling); this application process ensures that the
proposed earthworks do not negatively impact the adjoining lot and is more appropriately governed via this process, rather than
placing encumbering easements over the land.
Accordingly, we request that Council delete Condition 19 from Development Approval RAL21/0009.
3.0 SUMMARY
We look forward to receiving a favourable Negotiated Decision Notice from Council in due course, and should Council have any
questions with respect to the above, please do not hesitate to contact me direct.
Kind regards,
Danya Cook B.Urb.Reg.Plan
Principal Town Planner
M: 0422 051 263
E: [email protected]
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Request for Negotiated Decision Notice December 2021