Negotiated Report (Representations made) MCU20 0150

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Patrick Murphy, Coordinator Planning
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0150
Development Approval	Development Permit for Material Change of Use of Premises Multiple Dwellings (34)
Applicant	Altum Properties No 9 Pty Ltd
Representations Received On	28 May 2021
Number of Submissions for Original Application	Not applicable

PROPERTY DETAILS
Property Address	101 Eumundi Noosa Rd Noosaville Qld 4566 105 Eumundi Noosa Rd Noosaville Qld 4566
RP Description	Lot 1 RP 230931 Lot 1 RP 849431
Land Area	3740m² 1748m²
Existing Use of Land	Vacant Plan

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Medium Density Residential Zone
Overlays	Land subject to Acid Sulfate Soils (above 5m AHD)
Assessment Type	Representations made to original approval

background
A Development Permit for Material Change of Use of Premises Multiple Dwellings (34) was issued on 30 April 2021
The applicant suspended the appeal period and made representations on 28 May 2021 to the development approval conditions. The representations are detailed below but primarily relate to:
Incorporating a staging plan;
Building appearance;
Extent of fill and fence heights,
Car parking;
External works; and
Landscaping requirements

assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 2: 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. In this regard, the Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works

Plan No.	Rev.	Plan/Document Name	Date
DA01	07	Project Summary, prepared by Blackburne Jackson Architecture	01.04.21
DA02	08	Site Plan Level 1 Ground, prepared by Blackburne Jackson Architecture	01.04.21
DA03	06	Site Plan Level 2 Upper, prepared by Blackburne Jackson Architecture	01.04.21
DA04	07	Floor Plan LVL 1 Ground – Building 01, prepared by Blackburne Jackson Architecture	06.04.21
DA05	06	Floor Plan LVL 2 Upper – Building 01, prepared by Blackburne Jackson Architecture	01.04.21
DA06	07	Floor Plan LVL 1 Ground – Building 02, prepared by Blackburne Jackson Architecture	06.04.21
DA07	06	Floor Plan LVL 2 Upper – Building 02, prepared by Blackburne Jackson Architecture	01.04.21
DA08	07	Floor Plan LVL 1 Ground & LVL 2 Upper – Building 03, prepared by Blackburne Jackson Architecture	01.04.21
DA09	07	Floor Plan LVL 1 Ground - Building 04, prepared by Blackburne Jackson Architecture	06.04.21
DA10	06	Floor Plan LVL 2 Upper – Building 04, prepared by Blackburne Jackson Architecture	01.04.21
DA11	06	Elevations - Site, prepared by Blackburne Jackson Architecture	01.04.21
DA12	06	Elevations – Building 01, prepared by Blackburne Jackson Architecture	01.04.21
DA13	06	Elevations – Building 02, prepared by Blackburne Jackson Architecture	01.04.21
DA14	06	Elevations – Building 03, prepared by Blackburne Jackson Architecture	01.04.21
DA15	06	Elevations – Building 04, prepared by Blackburne Jackson Architecture	01.04.21
DA16	04	Elevations – Retaining wall heights, prepared by Blackburne Jackson Architecture	01.04.21
DA17	06	Sections - Site, prepared by Blackburne Jackson Architecture	01.04.21
DA18	06	Sections – Buildings 01 & 02, prepared by Blackburne Jackson Architecture	01.04.21
DA19	06	Sections – Buildings 03 & 04, prepared by Blackburne Jackson Architecture	01.04.21
DA20	06	Materials and Finishes, prepared by Blackburne Jackson Architecture	01.04.21
DA22	06	Site Plan – Landscape and Courtyard Areas, prepared by Blackburne Jackson Architecture	01.04.21
PD23	07	Floor Type & Plans, prepared by Blackburne Jackson Architecture	01.04.21
DA24	06	Height Plane Perspective, prepared by Blackburne Jackson Architecture	01.04.21
DA25	06	Perspective Views, prepared by Blackburne Jackson Architecture	01.04.21
DA26	06	Bldg 1, 2 & 3 Perspectives, prepared by Blackburne Jackson Architecture	01.04.21

Applicant’s Representation
There appears to be a typographical error in the list of approved plans. Plan DA26 is issue 04 and not 06 as indicated in the condition.
We seek clarification as to whether Council considered the concept landscape plans submitted as part of the response to Council’s Information Request. It is requested that these plans be included in the list of approved plans including any required plan annotations that Council may seek to include.
Our client seeks flexibility to construct the development in a maximum of 4 stages. As such, we request that Council approve a Staging Plan (Dwg No. 7189 DA02 Rev 09, Site Plan) as part of these change representations.
For convenience, we have suggested some additional conditions below to reflect the proposed staging.
Amend Condition 2.
Plan. – DA26 04 Bldg 1,2,& 3 Perspectives, prepared by Blackburne Jackson Architecture.

Include the following plans as part of the approved plan list (as amended/ annotated):
Dwg No. 7189-DA100 Rev. 04 Landscape Cover Sheet prepared by Blackburne Jackson
Architecture
Dwg No. 7189-DA101Rev. 04 Planting Palett prepared by Blackburne Jackson Architecture
Dwg No. 7189 - DA102 Rev No. 04 Landscape Plan northwest corner prepared by Blackburne Jackson Architecture
Dwg No. 7189 - DA103 Rev No. 04 Landscape Plan – Entry prepared by Blackburne Jackson Architecture

Staging Plan

Dwg No. 7189 DA02 Rev 089, Site Plan, Level 1 Ground, prepared by Blackburne Jackson Architecture dated 20-05-2021

Assessment of Representation

It is agreed that the reference to plan DA26 incorrectly references the wrong version and accordingly this is to be rectified in the amended plan list.

As discussed later in this report in response to representations to the landscaping conditions the concept landscape plans are not supported as the planting palette is not in accordance with the Planning Scheme Policy PSP 02 as the planting schedule does not achieve the appropriate mix of native and endemic plants. It is sought that the planting species reflect the desired character and intent of the Noosa Planning Scheme Policy PSP2 - Landscaping.
The request to stage the development is supported, accordingly the proposed staging plan is to be included in the approved set of plans. Staging the development requires additional conditions to ensure that storm water quality and quantity outcomes, car parking and vehicle manoeuvring and the provision of a sunset timeframe for the developments completion. This is addressed later in this report.
Therefore condition 2 is be amended read as follows:

Condition 2: 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. In this regard, the Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works

Plan No.	Rev.	Plan/Document Name	Date
DA01	07	Project Summary, prepared by Blackburne Jackson Architecture	01.04.21
DA02	09	Site Plan Level 1 Ground, prepared by Blackburne Jackson Architecture	20.05.21
DA03	06	Site Plan Level 2 Upper, prepared by Blackburne Jackson Architecture	01.04.21
DA04	07	Floor Plan LVL 1 Ground – Building 01, prepared by Blackburne Jackson Architecture	06.04.21
DA05	06	Floor Plan LVL 2 Upper – Building 01, prepared by Blackburne Jackson Architecture	01.04.21
DA06	07	Floor Plan LVL 1 Ground – Building 02, prepared by Blackburne Jackson Architecture	06.04.21
DA07	06	Floor Plan LVL 2 Upper – Building 02, prepared by Blackburne Jackson Architecture	01.04.21
DA08	07	Floor Plan LVL 1 Ground & LVL 2 Upper – Building 03, prepared by Blackburne Jackson Architecture	01.04.21
DA09	07	Floor Plan LVL 1 Ground - Building 04, prepared by Blackburne Jackson Architecture	06.04.21
DA10	06	Floor Plan LVL 2 Upper – Building 04, prepared by Blackburne Jackson Architecture	01.04.21
DA11	06	Elevations - Site, prepared by Blackburne Jackson Architecture	01.04.21
DA12	06	Elevations – Building 01, prepared by Blackburne Jackson Architecture	01.04.21
DA13	06	Elevations – Building 02, prepared by Blackburne Jackson Architecture	01.04.21
DA14	06	Elevations – Building 03, prepared by Blackburne Jackson Architecture	01.04.21
DA15	06	Elevations – Building 04, prepared by Blackburne Jackson Architecture	01.04.21
DA16	04	Elevations – Retaining wall heights, prepared by Blackburne Jackson Architecture	01.04.21
DA17	06	Sections - Site, prepared by Blackburne Jackson Architecture	01.04.21
DA18	06	Sections – Buildings 01 & 02, prepared by Blackburne Jackson Architecture	01.04.21
DA19	06	Sections – Buildings 03 & 04, prepared by Blackburne Jackson Architecture	01.04.21
DA20	06	Materials and Finishes, prepared by Blackburne Jackson Architecture	01.04.21
DA22	06	Site Plan – Landscape and Courtyard Areas, prepared by Blackburne Jackson Architecture	01.04.21
PD23	07	Floor Type & Plans, prepared by Blackburne Jackson Architecture	01.04.21
DA24	06	Height Plane Perspective, prepared by Blackburne Jackson Architecture	01.04.21
DA25	06	Perspective Views, prepared by Blackburne Jackson Architecture	01.04.21
DA26	04	Bldg 1, 2 & 3 Perspectives, prepared by Blackburne Jackson Architecture	01.04.21

Condition 7:
Building 1 street (west) elevation must be provided with at least 1 additional external material finish to further add interest to the elevation.
Applicant’s Representation
This condition is opposed, as it is not reasonably required. It is considered that the west elevation already includes a number of textures and finishes as reflected on the approved plans, including the Material & Finishes (Palette) Plan 7186-DA20.
Finishes to the western elevation include:
Weatherboard cladding
Vertical powder-coated screens
Colorbond gutter
Rendered blockwork
Horizontal timber fence
The proposed external materials provide a good level of visual interest to the street.
Importantly, it should be recognised that a single façade is rarely viewed in isolation. Buildings are typically viewed from a number of angles, involving two facades in perspective. As a result, the finishes and materials visible on Buildings 1 and 4 already contain other materials and finishes that will add further interest to the built form as a whole, not just an individual elevation.
These finishes include barestone cladding, painted fibre cement cladding with vertical battens and horizontal projected awnings, which assist in creating depth and texture through shade and shadow.
Further, it is argued that Building 1 street elevation will also be sufficiently softened and screened by fencing and landscaping, which includes dense planting and features trees along the site’s frontage and potential view lines.
Request to Delete Condition 7.
Assessment of Representation
The condition was imposed in response to Acceptable Outcome AO14.1 of the Medium Density Zone Code which seeks:
AO14.1
Development provides visual interest to the street and surrounding areas through:
(a) 	highlighting individual dwellings and land uses;
(b) 	an asymmetrical design presentation to the street;
(c) 	offsetting or staggering dwellings to provide variation in the frontage; and
(d) 	varying the roof form

The following images detail the proposed western elevation and a render of this elevation.

Figure 1: Render of western elevation to building 1

Figure 2: Approved plan - western elevation to building 1
It is considered that the existing design is plane with limited windows, likely designed for reducing road noise within the dwelling. The corner of this elevation proposes a reduced setback and the elevation is a plane architectural design which does not meet AO14.1. However, when more interest is provided by the further use of external materials, the elevation would comply with AO14.1 and a condition was included accordingly.
The condition is not unreasonable as it merely seeks the provision of one additional external material. The applicant’s request to delete the condition is not supported.

Condition 8:
Building 1 north elevation must incorporate an additional mix of external finishes to add interest to the elevation and create an asymmetrical appearance to the dwellings
Applicant’s Representation
This condition is opposed, as it is not reasonably required. It is noted that our architect has already made a number of alterations to this façade throughout the assessment of the application, including the provision of additional colours, textures and finishes to the external façade as well as stepping of roof lines.
The approved plans include a range of finishes including:
Fibre cement sheeting with vertical mullions
Weatherboard cladding
Horizontal powder-coated screens
Colorbond guttering/edge
Rendered blockwork
Timber/aluminium balustrade
It is also noted that the façade will not be highly exposed to the adjoining properties, as much of the elevation will be partly obscured and softened by proposed landscape buffer treatments and screen fencing.
Request to Delete Condition 8.
Assessment of Representation
Similar to the assessment of Condition 7 the condition was included in response to AO14.1 of the Medium Density Residential Zone Code. While the north elevation of building 1 is articulated and includes a varied roof form, the design is still symmetrical and does not meet AO14.1. However, if a differing range of external materials were used to each unit, this would create a more asymmetrical design outcome AO 14.1 seeks. Therefore, the condition was imposed to provide different materials to each unit to create an asymmetrical design outcome. The request to delete the condition is not supported. The following image details the northern elevation of building 1.

Figure 3: Approved plan - northen elevation to building 1

Condition 11:
The pad mounted transformer must be painted in muted environmental tones to reduce the visual impact of the infrastructure in the streetscape.
Applicant’s Representation
The pad mount transformer is proposed to be screened and painted in muted tones, as provided in the approved colour palette. It is therefore requested that the condition be amended accordingly.
Amend condition 11 as follows:
The screening for the pad mounted transformer must be painted in a muted colour derived from the approved colour palette to reduce the visual impact of the infrastructure in the streetscape.
Assessment of Representation
The approved plans include a materials and finishes palette which includes a range of muted and non-muted tones as detailed below. The proposed use of one of the muted tones in the approved colour palette is supported.

The proposed use of one of the muted tones in the approved colour palette is supported and accordingly it is agreed that condition 11 be amended to read:
The screening for the pad mounted transformer must be painted in a muted colour derived from the approved colour palette to reduce the visual impact of the infrastructure in the streetscape.

Condition 12:
The development must use muted environmental colour tones that blend with the natural environment.
Applicant’s Representation
This condition is considered ambiguous. It is therefore requested if the condition could refer to the approved colour palette (in the approved plans), to provide greater certainty.
Amended Condition 12 as follows:
The development must incorporate the colour scheme as outlined in the approved colour palette and approved plans.
Assessment of Representation
It is agreed that the condition be amended to refer to the approved colour palette such that it reads as follows:
The development must incorporate the colour scheme as outlined in the approved colour palette and approved plans.

Condition 14:
A maximum of 0.6 of fill is permitted within 1m of the boundary where adjoining a residential use.
Applicant’s Representation
The development includes a few locations along the eastern boundary where the required fill height slightly exceeds 0.6m within 1m of the boundary. This is largely the result of the proposed stepping of the retaining wall and fencing along the boundaries to follow the site’s topography.
The current condition will potentially result in a loss of privacy for the lower adjoining premises to the east compared to the current proposal. That is, by reducing the fill levels along the boundary, it is likely to result in a reduced fence height at the boundary, thus increasing the potential for overlooking from the ground floor terrace and private open spaces areas of Building 2.
In contrast, allowing the proposed fill levels (involving a minor increase above 0.6m) will assist by providing a modest increase in the overall height of the combined retaining wall and screen fence, thereby protecting the privacy of the lower properties adjoining the eastern boundary.
The improved privacy outcome will also be enhanced through the implementation of the required landscaped buffer, which will further reduce any opportunities for overlooking between the two premises.
Accordingly, it is requested that the conditions be amended as proposed so as to reflect the currently proposed fill levels.
In the event that Council is unwilling to amend the condition, it is requested that the wording be amended to read “the fill must be an average of 0.6m along the boundary of the site”.
Amend Condition 14 as follows:
The site levels are to be provided in accordance with the approved plans. The approved fill levels within and along the boundaries of the site are to be reflected in the Operational Works plans and the levels certified by a registered RPEQ on completion.

Or
An average of 0.6m of fill is permitted along the boundary where adjoining a residential use.
Assessment of Representation
The requirement for fill to be limited to 0.6 metres within 1 metre of the boundary where adjoining a residential use was included for the purpose of protecting the amenity of the adjoining residential properties in relation to both bulk and overlooking. It is noted that the proposal also includes a 1.8 metre high fence on top of the retaining walls with condition 20 limiting the height of fences to no more than 2.4 metres above natural ground level. However, it is acknowledged that as the site falls to the south-western corner the approved floor levels and ground level beyond one metre from the boundary will be elevated and may result in overlooking if the level at the boundary and associated fencing are limited to a maximum height of 2.4 metres above natural ground level. The plans, detailed below, submitted with the original application demonstrate that the maximum level of fill proposed is approximately 940mm.

Maximum height of southern retaining wall

Maximum height of southern retaining wall

Whilst a minor section of the walls and associated fencing will result in a height in excess of 2.4 metres it is considered that the outcome will ensure that the neighbouring residential properties will be protected from overlooking from both within the ground floor of the dwelling units and from the adjacent outdoor terrace areas. Accordingly the applicant’s representation is supported and the condition is to be amended to read:

14.	The site levels are to be provided in accordance with the approved plans. The approved fill levels within and along the boundaries of the site are to be reflected in the Operational Works plans and the levels certified by a registered RPEQ on completion.

Condition 16:
To ensure privacy is protected between adjoining properties to the south and south east, buildings 2 and 3 must:
provide screening devices to balconies; and/or
have a minimum window sill height or 1.7 metres above floor level; and/or
be fitted with translucent glazing; and/or
be fitted with fixed external screens.

Applicant’s Representation
It is considered that this condition which seeks to impose screening or similar requirements on the entirety of Buildings 2 and 3, is not reasonably required, and is an unreasonable imposition on the development.
The applicant has demonstrated in its previous responses that privacy is maintained by a combination of setbacks, screening to particular units and landscape buffer planting.
It is therefore requested that the condition be amended to only apply to those areas identified within the approved plans, more specifically applied to those balconies/windows on the southern sections of Building 2.
Amend Condition 16 as follows:
To ensure privacy to adjoining properties is protected provide screening devices/fixed external screens as indicated on the approved plans.
Assessment of Representation
The intention of condition 16 was to require additional screening beyond what is detailed on the approved plans should it be required to mitigate overlooking. It was not intended that the entirety of buildings 2 and 3 be screened. Accordingly condition 16 is to be amended to read:
To ensure the privacy of the adjoining properties to the south and south east is protected privacy doors, windows or glazing of buildings 2 and 3 that have the potential to overlook the private spaces of the neighbouring properties must be treated in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property. The measures to obscure direct views must include:
provide screening devices to balconies; and/or
have a minimum window sill height or 1.7 metres above floor level; and/or
be fitted with translucent glazing; and/or
be fitted with fixed external screens.

Condition 20:
The maximum height any fences adjoining a residential use must not exceed 2.4m above the NGL at any point.
Applicant’s Representation
The proposed fencing only includes a couple of instances where the fence exceeds 2.4m in height. As per Condition 14 above, it is considered that the proposed fencing along the boundary actually provides an improved privacy outcome for the exiting dwellings to the east of building 2.
Notwithstanding this, if Council does not agree with our representation, it is requested that Council amend the condition to all for the fence to achieve an average height of 2.4m above NGL.
Amend Condition 20 as follows:
Fencing to adjoining residential uses must be provided in accordance with the approved plans.
Or
All fences adjoining a residential use must achieve an average of 2.4m above natural ground level.
Assessment of Representation
As per the assessment of the representation to condition 14 it is acknowledged that limiting the fence height will impact on the privacy of the adjoining residential properties. Accordingly condition 20 is to be amended to read as follows:
20.	Fencing to adjoining residential uses must be provided in accordance with the approved plans.

Condition 28:
All properties the subject of the development must be amalgamated into a single lot prior to approval of Building Works. Certification and evidence of such amalgamation must be submitted to Council prior to commencement of works.
Applicant’s Representation
It is requested that the condition be amended to avoid the preparation of a plan of survey and to provide greater certainty as to when this requirement must be met.
Amend Condition 28 as follows:
All properties the subject of the development must be amalgamated into a single lot prior to endorsement of the first survey plan (plan seal) for the development and evidence of such amalgamation must be submitted to Council.
Assessment of Representation
The applicant’s representation is supported noting that the amended timing will not result in an adverse outcome. The applicant has been advised that if the developer wishes to release individual units prior to the completion of the development that a reconfiguration approval will be required to create a balance lot. Accordingly condition 28 is to be amended to read:
All properties the subject of the development must be amalgamated into a single lot prior to endorsement of the first survey plan (plan seal) for the development and evidence of such amalgamation must be submitted to Council.

Condition 29a:
Eumundi Noosa Road must be upgraded for the length of its frontage to the subject site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
road works generally in accordance with the Traffic Engineering Report, prepared by TTM dated 11/02/21, amended to extend the median 5m north of the proposed driveway and with the kerbline on the eastern side of the road amended to achieve a minimum southbound carriageway width of 5.5m (3.5m traffic lane and 2.0m on road cycle land). “No U-turn” signage provided to prohibit U-turns at both ends of the central median.
Applicant’s Representation
The existing bicycle lane currently varies between 1.25-2m along Eumundi Noosa Rd. the condition requires a 2m cycle lane across the full frontage of the site.
However, aerial photography illustrates that the cycle lane narrows form 2m to approx. 1.25m at the approach and departure of the existing pedestrian crossing.
Advice from the project’s traffic consultant, TTM Group, states:
“in terms of best practice and pedestrian requirements, it is ideal to minimise the pedestrian crossing distance, and increasing the road distance to accommodate the 2m cycle lane is not desirable.”
In light of this advice, it is requested to retain the existing road corridor in order to facilitate safe pedestrian movements in this location.
However, if Council does not agree to changing the condition, it is considered that these additional works are trunk infrastructure (Refer to Map Code: LGIP –TR-4). As such, the condition should reflect that the condition is imposed under s128 of the Planning Act and the trunk infrastructure works to be subject to infrastructure offsets. We anticipate that a new ICN will need to be issued accordingly.
Note: an ICN representation will be forwarded to Council reflecting the outcomes sought by this condition.
Amend Condition 29a as follows:
Eumundi Noosa Road must be upgraded for the length of its frontage to the subject site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
road works generally in accordance with the Traffic Engineering Report, prepared by TTM dated 11/02/21, amended to extend the median 5m north of the proposed driveway. “No U-turn” signage provided to prohibit U-turns at both ends of the central median.
Alternatively, should Council seek to enforce the additional road widening to incorporate the full 2m cycle lane across the site’s frontage, we request that the condition be amended as follows:
Eumundi Noosa Road must be upgraded foe the length of its frontage to the subject site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
road works generally in accordance with the Traffic Engineering Report, prepared by TTM dated 11/02/21, amend to extend the median 5m north of the proposed driveway and with the kerbline on the eastern side of the road amended to achieve a minimum southbound carriageway width of 5.5m (3.5m traffic lane and 2.0m on road cycle lane). “No U-turn” signage provided to prohibit U-turns at both ends of the central median.
This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Assessment of Representation
The proposed condition was reviewed by the external consulting traffic engineer who advised:

The reason for imposing the requirement for widening of the existing kerb line was because of the need to provide sufficient width between the new central median across the driveway, and the eastern kerb line, to satisfactorily accommodate southbound vehicles and on-road cyclists.  In that regard, due to the very short nature of the existing raised central median at the zebra crossing, the current restriction to motorists passing a cyclist while providing the legally required separation between the cyclist and the vehicle is very short.  Lengthening the median to inhibit movements at the driveway to left turns only, significantly lengthens that physical constriction zone for motorists passing a southbound cyclist.

The applicant should be requested to provide an RPEQ assessment of the above issue which may result in an acceptable design solution that does not result in widening of the existing kerb line, together with an RPEQ certified concept plan for the median that incorporates findings of the assessment, as well as the signage and median length identified in condition 29a.  The condition could then be amended to reference the updated concept plan.

In response to this advice the applicant sought that instead of doing the RPEQ assessment certification now, they would appreciate if Council would consider and agree to amend the current condition to include an alternative. Further discussions with the external traffic engineer identified a suitable alternative and accordingly condition 29 is to be re-worded as outlined below:
Eumundi Noosa Road must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
road works generally in accordance with the Traffic Engineering Report, prepared by TTM dated 11/02/21, amended to extend the median 5m north of the proposed driveway and with the kerbline on the eastern side of the road amended to achieve a minimum southbound carriageway width of 5.5m (3.5m traffic lane and 2.0m on road cycle lane).  “No U-turn” signage provided to prohibit U-turns at both ends of the central median
Alternatively, prior to the OPW approval, the applicant can provide an alternative proposal having RPEQ assessment and certification for Council consideration, including an RPEQ certified concept plan for the signage and median, that demonstrates that there is sufficient width between the new central median across the driveway, and the eastern kerb line, to satisfactorily accommodate southbound vehicles and on-road cyclists without the need to widen the existing kerb line, which depending on the details of the submission, may lead to the alternative solution being accepted by Council.
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of all existing property access (driveway/crossovers) and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed

Condition 31a:
A minimum of 51 car parking spaces must be provided
Applicant’s Representation
A minimum of 51 car parking spaces must be provided and marked on the site and made available and accessible at all times. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
11 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use.
This condition requires visitor parking to be provided in accordance with those numbers supplied on the approved plans.
It is noted that the development is only required to provide 9 visitor car parks in accordance with Table 9.4.1.4 of the Driveways and Parking Code.
The applicant may wish to retain flexibility to provide surplus visitor spaces to Exclusive Use of particular dwellings.
Accordingly, it is requested that the condition be amended to reflect the minimum planning scheme requirement to provide additional flexibility, if required.
Amend Condition 31a as follows:
A minimum of 49 car parking spaces must be provided and marked on the site and made available and accessible at all times. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Minimum 9 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use.

Assessment of Representation
It is agreed that a minimum of 49 car spaces are required for the development, with 9 of these being required for visitors. It is reasonable that the applicant be provided with the opportunity to retain the additional car parking spaces to the Exclusive Use of particular dwellings. Accordingly it is agreed to amended condition 31a to read as follows:

31.	A minimum of 49 car parking spaces must be provided and marked on the site and made available and accessible at all times. The works must be undertaken in accordance with an Operational Works approval and must include in particular:

a.	Minimum 9 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use.

Condition 46a:
The site must be landscaped in accordance with Planning Scheme Policy PSP2 – Landscaping. The works must be undertaken in accordance with an operational works approval and the approved plans and must include in particular:
Suitable screening trees planted within or around the edge of the Bioretention basin to help screen the development.
Applicant’s Representation
To provide the applicant with additional certainty for the operational works phase, kindly confirm that the landscape plans and planting palette provided as part of the response to Council’s Information request are acceptable. In the event that they are acceptable, please incorporate the plans as part of the approved plan list, with any annotations required.
Assessment of Representation
When assessing the application the concept plan was reviewed. Whilst generally accepting the location and extent of landscaping the planting palette proposed by the applicant consists of a number of species which are not consistent with Planning Scheme Policy PSP2 – Landscaping accordingly the plan was not included as part of the approved set of plans.
The applicant’s request to include the concept landscape plans in the approved set of plans is not supported.

Condition 46c:
1m wide garden to the full length of both side boundaries and rear boundary. The gardens must include screening trees planted at a maximum of 1.5m centres and have a minimum 200mm pot size.
The trees must have a mature height of at least 6m. in this regard, each dwellings courtyard garden must include at least 1x45 litre pot size feature tree within the total.
Applicant’s Representation
This condition requires the full perimeter of the site to be fully screened by trees planted at 1.5m centres with a mature height of 6m. The condition also requires each court yard to include a 45L pot size feature tree to be established in each court yard.
It is considered that this condition is not reasonably required. The project Landscape Architect, Blackburne Jackson, has advised that the planting density of 1.5m centres is appropriate. However, it has advised that it is not possible to achieve optimum plant growth to achieve a 6m tall tree specimen within a 1m garden bed, which will compete with the required feature tree.
Accordingly, given the prevailing soil type and confirmed courtyard settings, it is requested that the condition is amended to provide for tall screening shrubs to 4m instead of screening trees to 6m.
Accordingly, we request Council consider the previously submitted landscape plans, which illustrates an appropriate level of planting for a townhouse development.
Amend Condition 46(c) as follows:
1m wide garden to the full length of both side boundaries and rear boundary, to be implemented generally in accordance with the landscape concept plan prepared by Blackburne Jackson (DWG NO. -7186-DA100).
The gardens must include screening shrubs planted a maximum of 1.5m centres and have a 200mm potsize. The shrubs must have a mature height of at least 4m. In this regard, each dwellings courtyard garden must include at least 1x45 litre pot size feature tree within the total and results in minimum height of 6m of maturity.
Assessment of Representation
As detailed in the response to the representation to condition 46a. the concept landscape plans do not include a planting palette consistent with the relevant planning scheme policy. Accordingly reference to the Blackburne Jackson concept landscape drawing is not supported.
Noting that the maximum height of the buildings are generally around 8 metres it is important that the height of the screening vegetation is sufficient to provide meaningful screening of the developments bulk. In this instance vegetation with a maximum height of 6 metres is considered appropriate, vegetation with a maximum height of 4 metres will not provide adequate screening. Accordingly, the request to amend condition 46c is refused.

Condition 46f:
1x45 litre feature shade tree in each garden between the dwellings carports.
Applicant’s Representation
Advice form the Landscape Architect, Blackburne Jackson, recommends that a palm species would be more suitable to fill the gaps between the carports, given the gap width available for sustained growth.
Amend Condition 46(f) as follows:
1 x 45 litre feature native palm species to be provided in each garden between the dwellings carports.
Assessment of Representation
The use of a palm tree is not supported for the purpose of providing shading to the car park area as palm is not suitable. Furthermore, a shade tree will aid in breaking up the bulk of the development when viewed internally. Accordingly, the applicant’s request to amend condition 46f is not supported.

Condition 46g:
Provide a planting and plant schedule including species and pot size.
Applicant’s Representation
As part of the information request response, a conceptual landscape plan was submitted as part of the plan package.
This condition seeks a plant schedule including species and pot size at the Operational Works phase.
It is requested that the condition be amended to reflect the species provided in the planting palette submitted reflect on the previously submitted landscape plans.
Amend Condition 46 (g) as follows:
Provide a planting and plant schedule including species and pot size, generally in accordance with the conceptual landscapes plans and plant palette (as amended) as listed in the approved plans list of this decision notice.
Assessment of Representation
As discussed earlier in this report the proposed panting palette within the concept landscape plan is not supported. Accordingly the request to amend condition 46g is not supported.

Condition 55:
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot’s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
Applicant’s Representation
This condition requires the site to be turfed if it remains vacant for more than 30 days. The need to maintain the site in a tidy state is acknowledged. However, it is considered that it is unreasonable condition to turf the subject site.
Therefore, we suggest that the condition be softened as follows:
“If the site is left vacant for more than 30 days, the site is to be regularly mowed/slashed and maintained in a tidy manner at all times”.
The second part of the condition is no longer considered necessary.
Amend Condition 55 as follows:
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site or balance lot remains vacant for more than 30 days the lot/s must be regularly mowed/slashed and maintained in a tidy manner at all times.
Assessment of Representation
It is agreed that the requirement for the site to be turfed if it remains vacant for more than 30 days is excessive and that alternative means could be implemented to ensure that the appearance of the site remains in a suitable state. It is important that any alternate wording also ensures that dust from disturbed surfaces is mitigated. In this regards condition 55 is to be amended to read as follows:
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lots must be suitably stabilised and maintained so as to not cause nuisance to the surrounding area.

New Condition 3A, 3b, 3C and 3D is proposed to reflect the potential staging of the Multiple dwelling units:
Applicant’s Representation
A staging plan has been prepared to support the staging of the development.
Accordingly, it is requested that Council include the staging plan as part of the approved plans and include the proposed conditions relating to the following items:
Staging the development
Sunset clause
Turnaround provisions
Stormwater management

New staging conditions:
Staging
The development may be staged in accordance with the stage boundaries shown on the Approved Staging Plan (Dwg No. DA02 09 Site Plan, Level 1 Ground). If staged, the development need not be completed sequentially in the stage order indicated on the Approved Plans provided that any vehicle access, onsite manoeuvring, car parking and infrastructure services required to service the particular stage are constructed with that stage.
Sunset Clause
Pursuant to s88 of the Planning Act 2016, the uncompleted aspects of this development approval lapse if the whole of the approved use has not happened by (insert day/month of negotiated decision_ of 2027
Temporary turn around area
Temporary unsealed turnaround facility must be constructed at the end of each private driveway left temporarily incomplete as a result of the development staging. The temporary turnaround facilities must be in accordance with an Operational Works approval and must be of sufficient size to accommodate the 3-point turn manoeuvre of a Waste Collection Vehicle (WCV). The maintenance of the turnaround facility is the responsibility of the land owner.
Stormwater
For each stage the developable land must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an approved Site Based Stormwater Management Plan.
Assessment of Representation
As noted earlier in the reports the applicants request to stage the development is supported and it is noted that additional conditions are required to ensure the delivery of key aspects of the development.
The applicant’s proposed wording of conditions 3a, b and c are supported, a minor change is required to 3a to also include the landscaping works for each stage to be completed
With regards to stormwater management, the applicant’s proposed condition has been reviewed by Council’s consulting hydraulic engineer who has noted:
It’s important for the detention basin to be constructed with the first stage in order to ensure no impacts to the downslope residents occur.
The consulting engineer has provided the following suggested alternate wording for the condition:
The combined bioretention and detention basin is to be constructed with the first stage which occurs on site. Planting of the bioretention filter surface may be delayed until the final stage of the development and an interim protective cover applied to the surface until planting occurs. Interim drainage works are to be provided to connect any interim stages to the combined bioretention and detention basin such that the intent of the Stormwater Management Plan for the site is achieved with each stage. Details of any required interim drainage works are to be provided with the Operational Works Application for each stage.

Staging
The development may be staged in accordance with the stage boundaries shown on the Approved Staging Plan (Dwg No. DA02 09 Site Plan, Level 1 Ground). If staged, the development need not be completed sequentially in the stage order indicated on the Approved Plans provided that any vehicle access, onsite manoeuvring, car parking, landscaping and infrastructure services required to service the particular stage are constructed with that stage.

Sunset Clause
Pursuant to s88 of the Planning Act 2016, the uncompleted aspects of this development approval lapse if the whole of the approved use has not happened by 22 July 2027. The undeveloped parts of the site must be turfed if the works have not been completed by 22 July 2027.

Temporary turn around area
Temporary unsealed turnaround facility must be constructed at the end of each private driveway left temporarily incomplete as a result of the development staging. The temporary turnaround facilities must be in accordance with an Operational Works approval and must be of sufficient size to accommodate the 3-point turn manoeuvre of a Waste Collection Vehicle (WCV). The maintenance of the turnaround facility is the responsibility of the land owner.
Stormwater
The combined bioretention and detention basin is to be constructed with the first stage which occurs on site. Planting of the bioretention filter surface may be delayed until the final stage of the development and an interim protective cover applied to the surface until planting occurs. Interim drainage works are to be provided to connect any interim stages to the combined bioretention and detention basin such that the intent of the Stormwater Management Plan for the site is achieved with each stage. Details of any required interim drainage works are to be provided with the Operational Works Application for each stage.

Conditions 13 and 29 also require modification to ensure that the performance bond is paid prior to the first pre-start meeting and that the external works are completed prior to commencement of the use of the first stage of the development. Accordingly these conditions are to read as follows:
Performance Bond
13. 	Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the first prestart meeting. 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.

Eumundi Noosa Road must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval, completed prior to the commencement of the use of the first stage constructed, and must include in particular:
road works generally in accordance with the Traffic Engineering Report, prepared by TTM dated 11/02/21, amended to extend the median 5m north of the proposed driveway and with the kerbline on the eastern side of the road amended to achieve a minimum southbound carriageway width of 5.5m (3.5m traffic lane and 2.0m on road cycle lane).  “No U-turn” signage provided to prohibit U-turns at both ends of the central median
Alternatively, prior to the OPW approval, the applicant can provide an alternative proposal having RPEQ assessment and certification for Council consideration, including an RPEQ certified concept plan for the signage and median, that demonstrates that there is sufficient width between the new central median across the driveway, and the eastern kerb line, to satisfactorily accommodate southbound vehicles and on-road cyclists without the need to widen the existing kerb line, which depending on the details of the submission, may lead to the alternative solution being accepted by Council.
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of all existing property access (driveway/crossovers) and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed

conclusion & reasons for decision
The representations relate to a range of matters including building appearance, landscaping, external works, staging the development, extent of fill and fence height.
Representations which seeks to amend the approved plan set to include a staging plan and correct an error in a plan reference are supported. Similarly minor variations to conditions to clarify the approved colour palette, car parking requirements and the timing of lot amalgamation are supported. It is also recommended to amend conditions relating to the extent of fill and maximum fence heights to ensure privacy to the adjoining residential properties with greater clarity provided with regards to the overlooking condition.
The applicant’s request to delete the conditions requiring additional colour/materiality to building 1 is not supported to ensure that suitable treatment is provided to these highly visible elevations to provide the preferred streetscape presentation.
The applicant’s request to stage the development has required additional conditions and amendment to some conditions to ensure the delivery of key aspects of the development.

RECOMMENDATION
With regard to Application No. MCU20/0150, and the representations made, Council on < decided to:
A.	Agree to amend conditions 2, 11, 12, 14, 16, 20, 28, 29, 31a and 55 to read as follows:
2	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. In this regard, the Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works.

Plan No.	Rev.	Plan/Document Name	Date
DA01	07	Project Summary, prepared by Blackburne Jackson Architecture	01.04.21
DA02	09	Site Plan Level 1 Ground, prepared by Blackburne Jackson Architecture	20.05.21
DA03	06	Site Plan Level 2 Upper, prepared by Blackburne Jackson Architecture	01.04.21
DA04	07	Floor Plan LVL 1 Ground – Building 01, prepared by Blackburne Jackson Architecture	06.04.21
DA05	06	Floor Plan LVL 2 Upper – Building 01, prepared by Blackburne Jackson Architecture	01.04.21
DA06	07	Floor Plan LVL 1 Ground – Building 02, prepared by Blackburne Jackson Architecture	06.04.21
DA07	06	Floor Plan LVL 2 Upper – Building 02, prepared by Blackburne Jackson Architecture	01.04.21
DA08	07	Floor Plan LVL 1 Ground & LVL 2 Upper – Building 03, prepared by Blackburne Jackson Architecture	01.04.21
DA09	07	Floor Plan LVL 1 Ground - Building 04, prepared by Blackburne Jackson Architecture	06.04.21
DA10	06	Floor Plan LVL 2 Upper – Building 04, prepared by Blackburne Jackson Architecture	01.04.21
DA11	06	Elevations - Site, prepared by Blackburne Jackson Architecture	01.04.21
DA12	06	Elevations – Building 01, prepared by Blackburne Jackson Architecture	01.04.21
DA13	06	Elevations – Building 02, prepared by Blackburne Jackson Architecture	01.04.21
DA14	06	Elevations – Building 03, prepared by Blackburne Jackson Architecture	01.04.21
DA15	06	Elevations – Building 04, prepared by Blackburne Jackson Architecture	01.04.21
DA16	04	Elevations – Retaining wall heights, prepared by Blackburne Jackson Architecture	01.04.21
DA17	06	Sections - Site, prepared by Blackburne Jackson Architecture	01.04.21
DA18	06	Sections – Buildings 01 & 02, prepared by Blackburne Jackson Architecture	01.04.21
DA19	06	Sections – Buildings 03 & 04, prepared by Blackburne Jackson Architecture	01.04.21
DA20	06	Materials and Finishes, prepared by Blackburne Jackson Architecture	01.04.21
DA22	06	Site Plan – Landscape and Courtyard Areas, prepared by Blackburne Jackson Architecture	01.04.21
PD23	07	Floor Type & Plans, prepared by Blackburne Jackson Architecture	01.04.21
DA24	06	Height Plane Perspective, prepared by Blackburne Jackson Architecture	01.04.21
DA25	06	Perspective Views, prepared by Blackburne Jackson Architecture	01.04.21
DA26	04	Bldg 1, 2 & 3 Perspectives, prepared by Blackburne Jackson Architecture	01.04.21

The screening for the pad mounted transformer must be painted in a muted colour derived from the approved colour palette to reduce the visual impact of the infrastructure in the streetscape.
The development must incorporate the colour scheme as outlined in the approved colour palette and approved plans.

The site levels are to be provided in accordance with the approved plans. The approved fill levels within and along the boundaries of the site are to be reflected in the Operational Works plans and the levels certified by a registered RPEQ on completion.

To ensure the privacy of the adjoining properties to the south and south east is protected privacy doors, windows or glazing of buildings 2 and 3 that have the potential to overlook the private spaces of the neighbouring properties must be treated in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property. The measures to obscure direct views must include:
provide screening devices to balconies; and/or
have a minimum window sill height or 1.7 metres above floor level; and/or
be fitted with translucent glazing; and/or
be fitted with fixed external screens.

Fencing to adjoining residential uses must be provided in accordance with the approved plans.

All properties the subject of the development must be amalgamated into a single lot prior to endorsement of the first survey plan (plan seal) for the development and evidence of such amalgamation must be submitted to Council.
Eumundi Noosa Road must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval, completed prior to the commencement of the use of the first stage constructed, and must include in particular:
road works generally in accordance with the Traffic Engineering Report, prepared by TTM dated 11/02/21, amended to extend the median 5m north of the proposed driveway and with the kerbline on the eastern side of the road amended to achieve a minimum southbound carriageway width of 5.5m (3.5m traffic lane and 2.0m on road cycle lane).  “No U-turn” signage provided to prohibit U-turns at both ends of the central median
Alternatively, prior to the OPW approval, the applicant can provide an alternative proposal having RPEQ assessment and certification for Council consideration, including an RPEQ certified concept plan for the signage and median, that demonstrates that there is sufficient width between the new central median across the driveway, and the eastern kerb line, to satisfactorily accommodate southbound vehicles and on-road cyclists without the need to widen the existing kerb line, which depending on the details of the submission, may lead to the alternative solution being accepted by Council.

construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of all existing property access (driveway/crossovers) and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed

31.	A minimum of 49 car parking spaces must be provided and marked on the site and made available and accessible at all times. The works must be undertaken in accordance with an Operational Works approval and must include in particular:

a.	Minimum 9 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use.

55.	The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot’s must be suitably stabilised and maintained so as to not cause nuisance to the surrounding area

B.	Include additional conditions 3a, b, c and d as follows:

Staging
The development may be staged in accordance with the stage boundaries shown on the Approved Staging Plan (Dwg No. DA02 09 Site Plan, Level 1 Ground). If staged, the development need not be completed sequentially in the stage order indicated on the Approved Plans provided that any vehicle access, onsite manoeuvring, car parking, landscaping and infrastructure services required to service the particular stage are constructed with that stage.
Sunset Clause
Pursuant to s88 of the Planning Act 2016, the uncompleted aspects of this development approval lapse if the whole of the approved use has not happened by 22 July 2027. The undeveloped parts of the site must be turfed if the works have not been completed by 22 July 2027.
Temporary turn around area
Temporary unsealed turnaround facility must be constructed at the end of each private driveway left temporarily incomplete as a result of the development staging. The temporary turnaround facilities must be in accordance with an Operational Works approval and must be of sufficient size to accommodate the 3-point turn manoeuvre of a Waste Collection Vehicle (WCV). The maintenance of the turnaround facility is the responsibility of the land owner.
Stormwater
The combined bioretention and detention basin is to be constructed with the first stage which occurs on site. Planting of the bioretention filter surface may be delayed until the final stage of the development and an interim protective cover applied to the surface until planting occurs. Interim drainage works are to be provided to connect any interim stages to the combined bioretention and detention basin such that the intent of the Stormwater Management Plan for the site is achieved with each stage. Details of any required interim drainage works are to be provided with the Operational Works Application for each stage.

C.	Refuse to delete conditions 7, 8, 46a, c, f, and g as:

Additional variation in colour and material is required to achieve compliance with AO14.1 and PO14 to provide greater visual interest.

The concept landscape plans are not supported as the planting palette is not in accordance with the Planning Scheme Policy PSP 02 as the planting schedule does not achieve the appropriate mix of native and endemic plants. The planting species proposed will need to be reviewed to meet the Noosa Planning Scheme Policy PSP2 - Landscaping.

D.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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