Council Planning Report REC16/0014

REC16/0014 development permit FOR RECONFIGURING A LOT, 1 LOT INTO 11 RESIDENTIAL LOTS, LOCATED AT 28 ELKHORN DRIVE TEWANTIN

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development

Index	ECM/Application/REC16/0014

Attachments	1. 	Proposal Plan

APPLICATION DETAILS
Applicant	Elkhorn Investments (QLD) P/L TTE
Proposal	Development Permit to Reconfigure a Lot - 1 lot into 11 residential lots
Properly Made Date	17 June 2016
Information Request Date	14 July 2016
Information Response Date	2 November 2016
Decision Due Date	19 January 2018 (numerous extensions have occurred)

PROPERTY DETAILS
Property Address	28 Elkhorn Drive, Tewantin
RP Description	Lot 70 M 37807
Land Area	12,920m²
Existing Use of Land	Dwelling and shed

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin and Doonan
Zone	Detached Housing
Overlays	Biodiversity Natural Hazards – Flood, Bushfire, Acid Sulphate
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting dated 15 January 2018 regarding Application REC16/0014 for a Preliminary Approval for Reconfiguration of a Lot (1 into 11 residential lots) situated at 28 Elkhorn Drive, Tewantin and approve the proposed, granting a Preliminary Approval for Reconfiguring a Lot (1 into 10 residential lots and drainage reserve), subject to the following conditions:
The applicant is required to submit a further code assessable application for a Development Permit for Reconfiguring a Lot complying with the conditions of this Preliminary Approval.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plan no. 15228.1 (Rev. C), prepared by Project Urban dated 31/10/16. The approved plan must be amended to:
Include the area of proposed Lot 11 as “Drainage Reserve” generally in accordance with the submitted “Proposed Stormwater Layout V2”,
Incorporate the indented area in the front of Lots 1 & 2 within these lots;
Include dedication of Covenant areas A & B and land behind the existing dwelling (from the fence line) to the eastern boundary on proposed Lot 9 as conservation park;
Include a road reserve width to provide for a cul-de-sac with a circular turning area of sufficient size (9m minimum radius) to accommodate the single forward motion turn of a Waste Collection Vehicle (WCV) together with minimum 3.5m wide verge from the new kerb line to the property boundary adjacent to the cul-de-sac;
Where the development is to be staged, a cul-de-sac must be included at the relevant stage;
Maintain the road reserve width of 15m minimum to the common boundary with Lot 6 on RP149498;
Include a footpath in the road reserve on the western side of the new road.
New Road
The new road (extension of Elkhorn Drive to the adjoining property to the west (No 20 Eagle Drive – Lot 6 RP149498) shown on the Approved Plans must be constructed in accordance with the conditions of this Decision Notice and dedicated as road reserve at no cost to Council.
The road reserve for the new road through to the adjoining property to the west must be dedicated with the first stage of the development.
The works must be undertaken in accordance with an Operational Works approval and must include in particular:
an “access” road in accordance with Council’s Planning Scheme Policy 5 – Engineer Design Standards – Roads, Drainage and Earthworks (reserve width of 15 metres minimum and a carriageway width of 6 metres kerb to kerb)
sealing, drainage, kerbing and channelling
construction of pedestrian footpaths as shown on the approved plans
installation of street lighting
The new road must terminate in a cul-de-sac with a circular turning area of sufficient size to accommodate the single forward motion turn of a Waste Collection Vehicle (WCV) clear of private driveways on-street parking and speed control devices or if the adjoining property to the west (No 20 Eagle Drive - Lot 6 RP149498) has been developed or the connecting road dedicated. The “access” road formation must extend to and match smoothly with the existing formation within Lot 6 RP149498, whichever is applicable at the time of construction.
Stormwater Quality
Prior to Council accepting water quality treatment device assets “Off Maintenance”, the applicant must provide Council with a Schedule of Maintenance Costs for all activities undertaken to maintain the bio retention basins in accordance with the most current version of Healthy Waterways Bio-retention Basin Maintaining Vegetated Stormwater Assets Guidelines. The schedule shall include records of actual costs of maintenance work undertaken.
Stormwater Drainage
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.
The development must be designed such that space is allocated for dedicated whole-of-development stormwater quality/quantity treatment infrastructure and that major and minor flows from the development are drained to and treated by this infrastructure. The design of such infrastructure should be in accordance with current best practices, guidelines and the Noosa Plan, including:
State Planning Policy Part E State interest policies and assessment benchmarks (Water Quality) and Appendix 2 – Stormwater Management Design Objectives;
Noosa Plan Planning Scheme Policy 5— Engineering Design Standards – Roads, Drainage and Earthworks);
Australian Rainfall and Runoff Guidelines;
Queensland Urban Drainage Manual (including Ch 4 Catchment hydrology, Ch 5 Detention/retention systems and Ch 13 Safety aspects);
MUSIC Modelling Guidelines; and
Water Sensitive Urban Design Technical Design Guidelines for South East Queensland, including current versions of updated guidelines such as Bioretention Technical Design Guidelines
If stormwater is to be discharged through an adjacent property, written consent must be gained from the relevant property owners prior to lodgement of an application for Operational Works.
Vegetation
Existing native trees on the site and in the road verge must be retained in accordance with an Arborist Report for the development and referenced in a Development Permit for Operational Works. The existing native trees to be retained must be located clear of proposed services and generally suitable for the proposed location.
Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan (or part thereof) and endorsed through an Operational Works approval.
Dedication of Land as Reserve
The land area described as Covenant A and Covenant B, including the area beyond the existing fence line to the eastern boundary in Lot 9 must be dedicated to Council as freehold land as park with the first stage of the development. The land to be dedicated is “non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
A 4.5 metre wide easement for access purposes must be registered against the title of the property in favour of Council over the land area identified as Lot 9 on the subject site to provide access to the dedicated park areas.
The land area to be dedicated must by unencumbered by services such as pump stations, services easements or similar operational uses.
Works within Protected Land
The following works must be undertaken in the land required to be transferred to Council:
Timber Post and rail fencing to any newly created residential lots
Removal of any fencing between the park areas required to be dedicated and the esplanade
Ecological restoration of the park areas required to be dedicated
Removal of any structures or foreign debris within the park areas required to be dedicated
Arborist assessment of the trees contained within the park areas required to be dedicated
The works must be undertaken in accordance with an Operational Works approval.
Landscaping Works
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 and must include in particular:
Provision of 1 native street tree within the road reserve for every 8 metres of new road.
100mm deep mulching and landscaping to any batter within road reserves that exceed 1 in 4 slope (25%).
Turf and garden beds to road reserve, including retained trees.
Retaining walls within the bio-basin must be constructed or permanently faced with materials which provide for a natural appearance such as sandstone, bluestone, granite or the like.
Removal of all weeds species listed in the following standards and legislation.
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003.
The Noosa Local Government Area Pest Management Plan 2015-2019
All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques that allow for healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form.
All entry statements, fences, batters, retaining walls and buffer/screen plantings must be located entirely within private land and not within the public road reserve.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Estate Entrance Feature
Any proposed estate entrance feature must:
reflect a subdued local character, rather than an overbearing or contrived statement
comprise feature vegetation (either existing or planted) in preference to built forms
integrate with the landscape design of the balance of the estate
be constructed of durable and low maintenance materials
be treated with a graffiti resistant coating
not restrict pedestrian access
Any estate entrance works must be undertaken in accordance with an Operational Works approval.
Property Access and Driveways
A residential driveway must be constructed to each lot. The works must be undertaken in accordance with an Operational Works approval.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include a 2 metre wide footpath within the road verge for the entire length of the new extended Elkhorn Drive.
Electricity and Telecommunication Services
Underground 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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
A private easement for inter-lot drainage purposes must be registered over the stormwater drainage system (both below ground and overland flows) that conveys stormwater from an upstream property. The easement must benefit all upstream properties and place the maintenance responsibilities on the burdened lot. The easements must be a minimum 1.5 metre wide or of sufficient width to wholly encompass the drainage structures and the associated overland flowpaths.
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
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.
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.

REPORT
PROPOSAL
The applicant originally applied for a Development Permit for 1 into 11 residential lots with access from Elkhorn Drive. The proposal requires an extension to Elkhorn Drive, where lot sizes vary from 601m2 to 718m2, apart from Lot 9, which includes the existing dwelling and shed with an area of 4,249m2. Two (2) covenants are also proposed on the eastern (river) side boundary, which seeks to exclude development in the riparian buffer and protect the Noosa River. The applicant proposes to construct the extension to Elkhorn Drive to cul-de-sac standard or through road, depending on the timing of the development of this site and the site adjoining to the west. Refer Figure 1 – Proposed reconfiguration and Figure 2 – Subject and adjoining property.
The applicant on 19 October 2017 advised they are agreeable to accepting only a Preliminary Approval for the proposal to allow the stormwater design to be further designed.  This is discussed further in Section 2.1 of this report.

Figure 1 – Proposed reconfiguration.

Figure 2 – Subject and adjoining property
site details
Background
During the application process the applicant submitted a number of preliminary stormwater solutions for the site, some of which included significant infrastructure located within the riparian buffer to the Noosa River; extensive filling of part of the site and a device built into the road formation in order to drain the site predominantly to the Noosa River. To achieve a satisfactory stormwater design, the applicant has now proposed:
Lot 11 to be used as a detention basin to address stormwater generally flowing to the east; and
Proposes to connect to the drainage reserve required for the development of the adjoining property to the west.
Refer Figure 3 - indicative location of stormwater solution. This will result in a reduction in the number of lots from 11 to 10 and will require either the adjoining site to be developed and the required drainage reserve created or alternatively the consent of the adjoining land owner to discharge stormwater though their land. For this reason, the applicant has advised officers that they would accept a Preliminary Approval only and amend the plans at a later date to reflect these changes in order to receive a Development Permit.

Figure 3 – indicative location of stormwater solution
Site Description
The site is located north and approximately 1 km from the Tewantin town centre on the western bank of the Noosa River. The site has frontage to Elkhorn Drive of approximately 20 metres and contains some mature vegetation, with some large cleared areas. The north and south eastern corners of the site slope towards Noosa River to the east.
Surrounding Land Uses
The subject site has low density residential development to the north and south. Adjoining to the west is a recently approved development for 22 residential lots which has been designed to connect into the subject site.
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 Policy;
South East Queensland Regional Plan;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The State Planning Policy has been deemed by the Minister for Local Government and Planning as appropriately reflected in the Planning Scheme and therefore does not warrant a separate assessment.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Tewantin & Doonan Locality Code
Reconfiguring a Lot Code
Water Sensitive Design Code
Transport, Roads and Drainage Code
Landscaping Code
Waste Management Code
Locality Provisions
The subject site is located in the Tewantin & Doonan Locality and is zoned Detached Housing. The proposed reconfiguration is consistent within the Locality provisions and the surrounding residential area and is required to follow a code assessable application process.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below.
Proposed lots
All proposed lots achieve the minimum lot size requirement of 600m2 for the Tewantin Locality and have an average lot size (excluding the large balance lot with the existing dwelling – lot 9) of 632m2. All lots meet the minimum width requirements.
The Biodiversity Overlay for the protection of vegetation applies to a small portion of the south eastern corner of the site, while the riparian buffer applies to the eastern edge of the property. The applicant proposes to address the Biodiversity Overlay by proposing two environmental covenants within Lot 9. While environmental covenants would provide a level of protection for the riparian buffer and the vegetation located in the south eastern corner, the dedication of this land to Council for conservation purposes would afford a higher level protection. This dedication is considered warranted given the importance of the Noosa River and riparian buffers to the river’s water quality and as a wild life corridor. It is also recommended that a condition require the inclusion of land behind the existing dwelling, beyond the fence line to the eastern boundary to be also dedicated as public land/park.
The vegetation includes scattered semi-mature and mature trees comprising mango trees, Moreton Bay Ash, Blue Gums, Turpentines and garden species. The understory is mown grass. The supporting documents submitted with the application note that existing vegetation on site outside the proposed covenant areas will be retained where appropriate.
There are three mature mango trees are located in proximity to the north western corner of the proposed lot 9. It is likely two of the mango trees will remain in the lot, with one being removed to facilitate the new road. It should be noted the clearing of orchard tree species is an exempt activity under the planning scheme provisions for vegetation management and no permit is required from Council to undertake this activity.
However, it is most likely that works associated with reconfiguration and future development of the site will result in the removal of a significant amount of the site’s existing native vegetation.  The retention of large mature trees within the lots is not considered feasible nor prudent in area intended to be developed for standard residential house lots. Some smaller groupings of trees may be able to be retained within the lots and/or on road reserve. It is also considered the dedication of the land areas marked Covenant A and B as public land will provide opportunity to retain large mature trees within a public space and contribute to the ecological values associated with the Noosa River and its riparian buffer areas.
Road Connectivity
A new road is proposed to connect to future development at the adjacent 20 
Eagle Drive (Lot 6 RP149498), ultimately connecting Elkhorn Drive with Eagle Drive. The resultant connectivity will provide for a continuous route between Elkhorn Drive and Eagle Drive. This new route will also provide an improved outcome for residents and for services and emergency vehicles.
However, should the adjoining property not develop at the same time there is no provision proposed for vehicles, specifically Council’s waste collection vehicle, to turn around. In order to provide an interim turn-around area amendments are required to the layout.
cONSULTATION
Referral Agencies
No referral to IDAS Referral Agencies were required.
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering, Development Assessment
Ecologist, Development Assessment
The application was also assessed by an external stormwater consultant on behalf of Council.
Their assessment forms part of this report.
conclusion & REASONS FOR DECISION
The proposal is generally compliant with the relevant sections of The Noosa Plan and is situated in an existing residential area with close proximity to the Tewantin town centre. The lot layout is generally sensitive to the environmental values on site and subject to some conditions is responsive to the infrastructure required to service the development.
The request to issue a Preliminary Approval for the proposal is therefore 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	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	x	Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

[word/footer1.xml]
Page 10 of 11

[word/header1.xml]
3

[word/header2.xml]
GENERAL COMMITTEE MEETING REPORT	15 JANUARY 2018

[Attachment: image3.png (image text)]
un
ROP 77m at
10
=
eve RL
RCP
ine
70
05%,
—
Le.
=
>