Delegated Report - Code - Planning RAL22 0003

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	RAL22/0003
Applicant	Kevin John Kelly Valerie Lorraine Kelly
Proposal	Reconfiguring a Lot – 1 into 3 lots and Access Easement
Properly Made Date	16 February 2022
Information Request Date	10 March 2022
Information Response Date	7 July 2022
Decision Due Date	17 August 2022
Report Completed Date	17 August 2022
Report Reviewed By	Nadine Gorton – 17.08.2022

PROPERTY DETAILS
Property Address	9 Crystal St Cooroy Qld 4563
RP Description	Lot 31 C 5605
Land Area	2079 m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Cooroy
Overlays	Regional Infrastructure Overlay – Water Resource Catchment and Drinking Water Supply
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot – 1 into 3 residential lots and access easement.
Proposed Lot 10 fronts Crystal St, while proposed Lots 11 & 12 are situated behind Lot 10.  Access is provided for all 3 lots via an access handle with the access easement burdening Lot 12.  The location of the access point remains unchanged from what exists.
The following lot sizes are proposed:
Lot 10 – 605m2
Lot 11 – 615m2
Lot 12 - 859m2 (or 615m2 excluding the access easement)
All proposed lots are proposed to be connected to Unity Water’s water and sewerage reticulation network
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

site details
Site Description
The site fronts Crystal Street and is rectangular in shape and was created in 1909. Stands of mature vegetation exist across the site.
Surrounding Land Uses
The site is surrounded by dwellings to the north, south, east and west.  Larger lots surround this site, with a recently subdivided site adjoining to the west (plan sealing occurred 2020).
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:
Low Density Zone Code;
Cooroy Local Plan Code;
Reconfiguring of a Lot Code;
Works Codes;
Regional Infrastructure Overlay Overlay Code.
The subject site is located in Cooroy and is zoned Low Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.  Further subdivision is allowed in this zone where located within the Urban Area Boundary.  This site is located within the boundary.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
Reconfiguring a Lot
The proposed lots sizes and dimensions comply with Table 9.5.1.4 – Minimum lot size in the Reconfiguring a Lot Code.
Acceptable outcome AO21.4 seeks that no rear lot shares a common boundary with more than four other lots.
Proposed Lot 12, being a rear lot, shares a common boundary with 5 lots, therefore the proposal must be assessed against Performance outcome PO21 which is as follows:
Rear (battle-axe) lots are created only where:-:
it would not be desirable nor practicable for the site to be reconfigured so that all lots have full frontage to a road;
located in the Low density residential zone, Rural residential zone or Rural zone;
development positively contributes to the character of the neighbourhood;
development provides a high standard of amenity for residents and other users of the rear lot and adjoining properties;
the lot is large enough to accommodate anticipated land uses including car parking and manoeuvring;
development is not detrimental to the use and amenity of adjoining lots through loss of privacy, sunlight or breezes once buildings are constructed;
vehicular access to rear lots will not have a detrimental impact on lots adjoining the access strip due to excessive noise, light, dust, stormwater runoff and the like;
access arrangements do not adversely affect the safety and efficiency of the road from which access is gained;
their creation does not prejudice the anticipated development of adjoining land.
It is important to note that one boundary pertaining to proposed Lot 12 shares a 5 metre long  common boundary with 61 Maple St and the dwelling on this property is 55 metres away from this boundary.  The indicative house site on proposed Lot 12 will have significant separation from other neighbouring dwellings. The closest dwelling is 10 metres from a common boundary, while there is a much larger separation to other dwellings from this lot.
The proposal is considered to comply with PO21 of the Reconfiguring a Lot Code as:
the new lots are located behind the front lot and existing access maintained;
amenity will be protected as there is adequate separation between proposed house sites and surrounding house sites;
the proposed lots are large enough to accommodate new dwellings and comply with the minimum lot size required under Noosa Plan;
the proposal does not prejudice anticipated development of adjoining land.
Regional Infrastructure Overlay
The site is located within the Water supply catchment and Water supply buffer area as mapped under the Overlay map.  Performance outcome PO4 (f) of the Reconfiguration code states ‘that no additional lots are created in the Water supply buffer’.
This is despite Noosa Plan detailing the following:
reconfiguring a lot in the Water supply buffer area is code assessable under the Table of Assessment 5.9.9 (Regional Infrastructure overlay) of Noosa Plan; and
reconfiguring a lot in the Urban boundaries in supported as identified in 9.5.1.4 of the Reconfiguring a Lot code.
The intent of the Noosa Plan is to allow for subdivision in the Low Density Residential zone in Cooroy, where it complies with the Regional Infrastructure overlay (where triggered).  The site is located in the Urban footprint under SEQRP and Urban boundaries in Noosa Plan.
The applicant has provided a storm water management plan that demonstrates connection to Council’s existing stormwater system and will be connected to water and sewer.
Therefore, the proposal complies with the provisions outlined in the Overlay Code.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development assessment - Coordinator, Engineering
Strategic Planning

Comments as follows from Engineering:
External and frontage works
The site’s frontage currently has kerb and channel but no footpath. It is noted that there are no other footpaths in the proximity of the subject site, and it is considered unreasonable to condition the construction of a footpath.
Stormwater
In response to Council’s information request the applicant has submitted a preliminary engineering design for access and stormwater. The plan indicates that the stormwater is proposed to be discharged into the existing stormwater pit in the frontage of the adjoining property (No 7). Council contacted the design engineer and questioned why the discharge was not into the existing pit in the frontage of the subject site. The engineer advised it was to avoid the trees within the road reserve in the frontage of the site. The planning officer has advised that the trees within the road reserve in the frontage of the site are not a suitable species and can be removed. A condition has been included for the discharge to be directed to the existing pit within the frontage of the site and the removal of the vegetation that would be impacted by the works.
Access
In response to Council’s information request the applicant has submitted a preliminary engineering design for access and stormwater. The submitted design of the driveway is acceptable and it is noted that the plans also include turning/manoeuvring areas to permit vehicles to exit in a forward gear along the driveway. It is recommended that due to the length of the access driveway and the number of lots utilising the driveway that conditions be included for:
vehicles to enter and exit the access driveway in a forward gear, and
that the design of any new dwelling includes sufficient area within the site for vehicles to manoeuvre and exit in a forward gear
Comments as follows from Strategic Planning:
SEQ Water had no issues with further densification within the urban footprint providing it could be demonstrated that there would be no negative impact on the water quality of Lake Macdonald.
This proposal site is sewered with reticulated water and results in some additional hardstand area. The site is also well located close to Cooroy District centre zone, services, schools etc.
The scheme does not convey a consistent message for subdivision in the water supply catchment/buffer in the LDR zone as;
TOA (Table 5.9.9) for reconfiguring a lot in resource catchment/buffer allows for subdivision to occur as code assessment, assessed against the Regional Infrastructure Overlay Code. There are really no provisions in this code clearly stating no further subdivision in the supply/buffer catchment area. The provisions lean on ensuring no negative impact on water quality.
Table 9.5.1.4 – ‘minimum lot size’ in the Reconfiguring a lot code does not indicate that no further subdivision is permitted in the low density residential zone whereas in the same table it is clearly stated that no further subdivision is permitted in the Rural residential zone in the water catchment/buffer. Noting also that in the LDR zone, the table indicates that no further subdivisions occurs outside the urban boundary – no mention of the water catchment /buffer area
PO4 (f) of the Reconfiguring a lot code states that no additional lots are created in the Water supply buffer.
Noting in Code hierarchy the overlay code prevails over the development codes (the reconfiguring a lot code) and by our discussion, it appears the proposal can comply with the overlay code.
Strategic planning view is that there is some inconsistency in the Planning Scheme in this regard, but it appears that subdivision can occur in the low density residential zone within the water supply/buffer when demonstrated there is no negative impact on the water quality of Lake Macdonald.

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 RAL22/0003 for a Reconfiguring a Lot – 1 into 3 lots and Access Easement situated at 9 Crystal St Cooroy and described as Lot 31 C 5605, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL22/0003
Street address:	9 Crystal St Cooroy Qld 4563
Real property description:	Lot 31 C 5605
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) and Access Easement
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
21-5472AA	-	Plan of Proposed Reconfiguration, prepared by Max Watterson & Associates	12-01-2022
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
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 17 August 2026, unless an application to extend the currency period is approved by Council.
Property Access and Driveways
A sealed vehicle access must be constructed to each lot. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawings numbered 2217-02 B and 2217-03 B prepared by Callaghan and Toth dated June 2022.
Vehicle access to Lot 10 is limited to the constructed driveway only.  A clause must be included in the contract of sale for Lot 10 which requires vehicle access to be from the constructed driveway only, and which prohibits an alternate or second driveway from being constructed without Council agreement.
A property note will be added to Council’s rates records for Lot 10.
All vehicles must enter and exit the lots in a forward gear. The design of each residence must provide sufficient area for on-site manoeuvring of vehicles and provide sufficient area for vehicles to travel on the access driveway in a forward gear.
A property note will be added to Council’s rates records for Lots 10, 11 and 12.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice;
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement;
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement;
all retaining walls and structures are fully contained within the lot they retain;
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties.
Street Trees
The existing Cadaghi tree (an undesirable species) and palm may be removed as it will be impacted by stormwater connection.  Therefore, two (2) x 45 L street trees are to be planted within the road reserve suitably located for sight lines. Species are to be in accordance with Landscaping PSP 2 in Noosa Plan.
Stormwater Drainage
The lots must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawings numbered 2217-02 B and 2217-03 B prepared by Callaghan and Toth dated June 2022 with the exception of the following:
the stormwater connection to the Council drainage system must be to the existing drainage pit in the frontage of the subject site. The works must include the removal of any vegetation in the road reserve that may be impacted by the construction works.
Condition 11 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with 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
A private inter-lot easement for stormwater purposes must be registered against the titles of the Lots 10 and 11 in favour of the upstream properties (Lots 11 and 12). The easement must be a minimum of 1.5m wide or of sufficient width to fully contain the drainage structures.
An easement for access and services must be registered against the title of the Lot 12 in favour of Lots 10 and 11. The easement must be a minimum of 4.5 metres wide and be generally in accordance with the approved plans.
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 and Retaining Walls
All earthworks 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.
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:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes

property notes
The following property notes will be placed against the subject property in Council’s property record system:
RAL22/0003 - Property Access Driveway
The following notation applies to approved lot 10:
To ensure that 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 RAL22/0003)
RAL22/0003 - Property Access Driveway:
The following notation applies to approved lots 10, 11 and 12:
Private Certifiers, owners and prospective purchasers are notified that special access and carparking requirements apply to this parcel of land. Contact Council's Planning Department for Details. (refer to Council Approval RAL22/0003).
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	Access, Stormwater, Drainage work, Earthworks, Landscaping, Vegetation Clearing.
Development Permit for Building Works	Demolition/Removal
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

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art 1 About the Noosa Planning Sct

{s}-Part 2 State Planning Provisions

 

{a} Part 3 Strategic Framework
Part 4 Local Government Infrastructure Plan
)-Part 5 Tables of Assessment
{Part 6 Zones
iaiPart 7 Local plans
iaiPart 8 Overlays
{Part 9 Development codes
Part 10 Other plans

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instrument includes planning scheme, 8 TLPI or a variation spproval.

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jing work assessable against the Building Act 1975, The decision notice must state this.

Hierarchy of assessment benchmarks

(1) Where there is inconsistency between provisions in the planning scheme, the following rules apply:

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relevant codes are specified in schedules 6 and 10 of the Regulation - prevail over all other components to the extent of the inconsistency

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zone codes prevail over use codes and other development codes to the extent of the inconsistency

 


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| Part 3 Strategic Framework (b) Provide adequate areas on site for vehicular parking, private and communal! open space, landscaping

  

 

 

 

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i Part 5 Tables of Assessment Table 9.5.1.4 - Minimum Lot Size

Part 6 Zones Zone Minimum Lot Size [Minimum Width and dimensions Exceptions

Part 7 Local plans Low density residential e0ome 17 metres average width Hinterland Villages:

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Part 10 Other plans
Schedule 1 Definitions

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High density residential 1,200m2 [25 metres width
# Schedule 2 Mapping FTourist accommodation 1,200me 15 metres width Ifon Noosa North Shore - 6.0 hectares unless an
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Schedule 4 Notations required under the Planning Act 2 comune ‘with a development permit for a material
change of use
‘Schedule § Designation of premises for development 0
ns Rural residential 15 hectares 30 metre width ifin the Regional Landscape and Rural Production

Schedule 6 Planning scheme policies designation of the South East Queensland Regional

‘Appendix 1 Index and glossary of abbreviations and ac Pian— ni sion.

Appendix 2 Table of amendments If within the Lake Macdonald water resource
JAppendix 3 - Figures relevant to the Noosa Plan catchment— no further subdivision. _)