Delegated Report - Code - Planning RAL21 0012

Author	Blake Coulston
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0012
Applicant	Snowlake Pty Ltd TTE
Proposal	Reconfiguring a Lot - Residential
Properly Made Date	6 May 2021
Information Request Date	3 June 2021
Information Response Date	8 June 2021
Decision Due Date	13 July 2021
Report Completed Date	25 August 2021
Report Reviewed By	Kerri Coyle 25.08.21

PROPERTY DETAILS
Property Address	Cayman Quays 100 Hilton Tce Noosaville Qld 4566
RP Description	SP 110388
Land Area	2724 m²
Existing Use of Land	Short Term Accommodation (Hotel)

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Flood Hazard Overlay – Flooding and Inundation Area Land Subject to Acid Sulfate Soils – 5m AHD or below (area 1)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot – Residential (1 into 3 lots). The proposal seeks to reconfigure the existing 2724m2 into 3 medium density residential lots.   The proposal lots size and dimensions are as follows:
Proposed Lot 1 = 923m2 (15.5m frontage)
Proposed Lot 2 = 900m2 (16.4m frontage)
Proposed Lot 3 = 900m2 (18.4m frontage)
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Proposed Subdivision Plan

site details
Site Description
The site is currently operated as a Cayman Quays Hotel Accommodation and is generally flat with frontage to Hilton Terrace and Chaplain Park at the rear of the allotment.
Surrounding Land Uses
Surrounding land uses include a mix of detached housing and multi-unit developments for residential occupation along with short-term accommodation uses.
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 Zone Code;
Noosaville Local Plan Code;
Reconfiguring a Lot Code
Engineering Works Codes
Flood Hazard Overlay Code
The subject site is located in Noosaville and is zoned Medium Density. The proposal 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
Site Area Existing 2724m2	600m2	Proposed Lot 1 – 923m2 Lot 2 – 900m2 Lot 3 – 900m2	
Lot dimensions	17m width minimum	Lot 1 – Rear 17m frontage 15.48m Lot 2 – Rear 17m frontage 16.38m Lot 3 – Rear 17m frontage 18m	X X
PO5
New lots have areas and dimensions that:
are consistent with the purpose and overall outcomes of the applicable zone or zones;
are consistent with the size and character of surrounding lots;
can accommodate land uses that are consistent with the purpose and overall outcomes of the applicable zone;
allow for siting and construction of buildings, structures, access ways and car parking while:-
retaining ecologically important areas and ecological linkages;
minimising risk of soil erosion, landslide, flooding and bushfire;
minimising earthworks or retaining walls associated with construction on sloping sites;
retaining the scenic amenity and vegetated character of the landscape;
retaining culturally significant features and protecting views to culturally significant features;
minimising detrimental impacts of effluent disposal or storm water runoff; including open space for landscaping; ensuring safe vehicular manoeuvring areas without concentration of driveways in one space; and
where not in a water or sewerage service area, allow for water storage tanks and suitable effluent disposal.
except where otherwise specified in a local area code, comply with the minimum lot size specified in Table 9.5.1.4 Minimum Lot Size and Dimensions

Whilst the proposal is unable to meet e) as lots 1 and 2 have a width of less than 17m (15.48m and 16.38m respectively), the proposed lot areas and dimensions are consistent with the purpose and overall outcomes of the applicable zone (Medium Density Zone). The proposed lots can accommodate medium density dwellings with areas of 900m2+ with the lots widening to 17metres at the rear. The proposed lots are consistent with the size and character of surrounding lots and will allow for the construction of building and structures, access and car parking. The noncompliance with the minimum width requirement is considered minor in this instance and the proposal is considered to generally satisfy PO5 and the overall outcomes.
Flood Hazard Overlay Code
The site has an existing development occurring on the site, which has addressed flooding and stormwater. Prior to the plan sealing the existing structures will need to be demolished and any new development on the site will need to comply with the minimum floor levels.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator Engineering
The proposed vehicle access to the lots is the only item of concern from an engineering perspective. Advice has been obtained from Council’s design section and the formation across the frontage of the site:
“Currently pedestrians are directed down the side street along this frontage marked with bike symbols and it effectively links up the off street concrete pathways adjacent. It forms part of the TMR principle cycle network so needs to be maintained as shared pedestrian space but we would not object to an additional property crossing. This would need to be conditioned to ensure a safe outcome for path users and be in accordance with AGRD06A-17, Guide to Road Design Part6A Paths for Walking and Cycling AGRD Part 6A. We have no objection to the removal of a tree or 2 if necessary but would like some replacement planting conditioned to offset the loss.”
Reasonable conditions to address Council’s access/frontage concerns are recommended.

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 RAL21/0012 for a Reconfiguring a Lot – 1 into 3 lots situated at Cayman Quays 100 Hilton Tce Noosaville and described as SP 110388, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0012
Street address:	Cayman Quays 100 Hilton Tce Noosaville Qld 4566
Real property description:	SP 110388
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – 1 into 3 lots
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 works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
0207	A	Subdivision Plan, prepared by Pivotal Perspective	27/04/21
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Currency Period
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 25 August 2025, unless an application to extend the currency period is approved by Council.
Water & Sewer Connection
An underground connection to reticulated water and sewerage must be provided to each lot 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 each lot
Boundary Encroachments
The building must be demolished and the site suitably controlled/stabilised prior to sealing the survey plans.  Notably a separate development permit for building demolition is required.
External Works
The existing landscaped island in the frontage of proposed Lot 3 must be modified to provide a suitable vehicle access to the lot. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
An opening located generally in accordance with the approved plan
The ends of the opening shaped generally in accordance with the existing island
The replacement elsewhere on the island of any vegetation removed due to the works
Additional line marking and signage must be installed within the road formation across the frontage of the site and in the areas adjacent to the proposed access driveways. The works must be undertaken in accordance with an Operational Works approval and must include in particular line marking and signage:
to indicate to drivers and pedestrians that the area is shared pedestrian area,
that is sufficient to ensure a safe outcome for path users, and
be in accordance with AGRD06A-17, Guide to Road Design Part6A Paths for Walking and Cycling AGRD Part 6A
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Property Access and Driveways
A residential driveway must be constructed to Lots 1, 2 and 3. The driveways must be constructed prior to the sealing of the survey plan and undertaken in accordance with an Operational Works approval. The driveway must:
be located generally in accordance with the approved plans, and
be generally in accordance with Council’s Standard Drawings
Vehicle access to Lots 1, 2 and 3 is limited to the constructed driveway only.  A clause must be included in the contract of sale for Lots 1, 2 and 3 which requires vehicle access to be from the constructed driveway only, and which prohibits the driveway from being relocated without Council agreement.
The following property note or similar will be added to Council’s rates records for the lots to advice Private Certifiers, owners and prospective purchasers of the access requirements:
“To ensure the safety and efficiency of the road network vehicle access to this lot must be from the constructed driveway only unless otherwise approved by Council (refer to Council Approval RAL21/0012).”
Stormwater Drainage
Stormwater runoff from the development must be discharged to Council kerb and channel in Hilton Terrace or disposed of on-site without causing scour or damage to the subject site or any adjoining property. The works must be undertaken in accordance with an Operational Works approval.
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and 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 (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.
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.
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:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased.
proposed fencing to the site during the construction phase of the development.
provision for worker car parking.
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, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
RAL21/0012 - Property Access Driveway
The following notation applies to approve lots 1, 2 & 3:
To ensure the safety and efficiency of the road network vehicle access to this lot must be from the constructed driveway only unless otherwise approved by Council (refer to Council Approval RAL21/0012).
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, External Access, pedestrian footpaths.
Development Permit for Building Works	Demolition of Building Works
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image2.png (image text)]
 

‘Scale |: 400 — Lengths are in Metres.

 

 

Vertical Datum: AHDD
Origin: PM19575
RL 161
Contour Interval: 0.2m.

LEGEND

Fu Fire hydrant
PP Power pole
Tits Telstra pit
Etectrcty
—s— sewer
Denotes proposed access

 

 

 

 

PROPOSED REALIGNMENT
OF LOT BOUNDARIES
HILTON TERRACE, NOOSAVILLE

LOT 1 ON SP315600

Snowlake Pty Ltd

SUBDIVISION PLAN

froin anor Soo
eae Sero conmTn

PIVOTAL

PERSPECTIVE