Town Planning Assessment Report · OPW16/0212

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Executive Summary
This Town Planning Report has been prepared to support a development
application for Material Change of Use – Multiple Housing Type 4 Conventional (4 x 3
Bedroom Units) and associated Operational Works at 11 Opal Street Cooroy, more
properly described as Lot 1 RP 248165.

Our office has been engaged by the registered landowner, Mr Tony Rossiter, to
prepare and lodge this development application over the site. The subject site is
located in the Open Space Recreation Zone of the Cooroy and Lake Macdonald
Locality and the proposed use is an inconsistent use and required to follow an
Impact Assessable application process in accordance with Part 6, Division 11, Table
6.9 of the Noosa Plan.

The proposed development seeks for 4 removal homes to be positioned on the
property that will each have 3 bedrooms. Given that the removal homes must be
sourced, the detailed design and dimensions of these is unknown at this stage.
Subsequently, this application will be seeking building envelopes to be approved
that will support the future establishment of the dwellings.

The site will be accessed via two separate driveway crossovers, with one being
centrally located on the Opal Street frontage, and the other centrally located on
the Diamond Lane frontage. All necessary infrastructure will be provided to
accommodate the use.

This development application has been structured in accordance with the
requirements of The Noosa Plan 2006. Formal assessment has been undertaken
against the applicable Probable Solutions and Specific Outcomes of the following
codes, which were found to be most relevant:

   •   Cooroy & Lake Macdonald Locality Code;
   •   Residential Uses Code;
   •   Driveways & Carparking Code;
   •   Landscaping Code
   •   Natural Resources Overlay Code

This application is Impact Assessable and requires public notification to occur for
fifteen business days. No referral agencies are required for this development
application. A pre-lodgement meeting was held with Council on 24 September 2015
in relation to the proposed development (Refer to Appendix E).

Having assessed the proposal against all relevant legislation, this office recommends
that the development application be approved, subject to reasonable and relevant
conditions.



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TABLE OF CONTENTS

1. APPLICATION DETAILS
2. PROPOSAL
3. SITE DETAILS
3.1. SITE DESCRIPTION
3.2. SURROUNDING LOCALITY
4. PREVIOUS APPLICATIONS AND SITE HISTORY
5. SUSTAINABLE PLANNING ACT 2009
5.1. SOUTH EAST QUEENSLAND REGIONAL PLAN
5.2. STATE PLANNING REGULATORY PROVISIONS
5.3. STATE PLANNING POLICY
5.4. REFERRAL AGENCIES
6. PLANNING SCHEME REVIEW
6.1. LEVEL OF ASSESSMENT AND CODE COMPLIANCE
6.2. DEVELOPMENT CONTROLS
6.3. CONFLICT WITH PLANNING SCHEME
7. CONCLUSION

 

 

 

 

 

 

APPENDICES

Appendix A Proposal Plans
Appendix B Code Compliance
Appendix C Owner's Consent
Appendix D Site Photographs
Appendix E = Pre-Lodgement Notes

 

 

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1.      APPLICATION DETAILS

Applicant
Applicant:                    Noosa Town Planning
Contact Details:              Marcus Brennan

                              Mob: 0423 952 928
                              Email: [email protected]
Registered Landowner(s):      Tony Rossiter, Anoma Rossiter, Sean Murphy,
                              Sharon Sales



Application
Development Application:      Development Permit for Material Change of Use –
                              Multiple Housing - Type 4 Conventional (4 Units)

Level of Assessment:          Impact Assessable


Referral Agencies:            Nil
SEQRP:                        Urban Footprint



Subject Site
Address:                      11 Opal Street Cooroy QLD 4563


Lot Description:              Lot 1 SP 248165
Area:                         1536m2
Easement(s)/Interests:        Easement B SP248165
Locality:                     Cooroy & Lake Macdonald
Zone:                         Open Space Recreation
Overlays:                     Natural Resources Overlay Code (Water Supply
                              Catchment Area)




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2.      PROPOSAL

This development application seeks approval for a Development Permit for Material
Change of Use – Multiple Housing Type 4 Conventional (4 x 3 Bedroom Units) and
associated Operational Works.

The proposed development seeks to position 4 removal homes on the property that
will each have 3 bedrooms. The dwellings will have a maximum height of 2 storey
and less than 8m. The ground floor of each dwelling will predominantly comprise of
a double garage. The upper level will incorporate bedroom and living areas. It is
envisaged that the dwellings will be constructed of traditional materials and
detailing such as: steeply pitched roofs, timber cladding/stucco cladding, eaves,
window hoods and light weight verandahs.

Given that the removal homes must be sourced, the detailed design and dimensions
of these is unknown at this stage. Subsequently, this application seeks for building
envelopes to be approved that will support the future establishment of these
dwellings. The submitted Site Plan also incorporates development control
parameters to ensure that any future dwelling is in keeping with the intent of the
Noosa Plan’s planning provisions.

The site will be accessed via two separate driveway crossovers, with one being
centrally located on the Opal Street frontage, and the other centrally located on
the Diamond Lane frontage. Each dwelling will be provided with a double garage
and two visitor spaces will be located centrally within the site.

All necessary infrastructure will be provided to accommodate the use.

For full details of the site layout, please refer to the Proposal Plans attached as
Appendix A.



3.      SITE DETAILS

     3.1. Site Description

The subject site is situated at 11 Opal Street, Cooroy more properly described as Lot
1 RP 248165.

The property has a total area of 1536m2 and is rectangular in shape, with a frontage
width of 30.4m to both Opal Street and Diamond Lane. The site is currently vacant
and the land is relatively flat, with a falling at a gradient of approximately 1%
towards Opal Street.




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The site is clear of vegetation and does not contain any constraints that would
restrict development.

An 8m2 easement is located in the southwest corner of the site.

The aerial photograph below details the site in context with the surrounding area:




Figure 1 – Aerial Photograph


     3.2. Surrounding Locality

The site is located within Corooy’s town centre, on the eastern side of the railway
line. The Cooroy bowls club adjoins the western boundary of the site and the
surrounding area otherwise contains a mixture of multiple dwellings, dwelling houses,
visitor accommodation and commercial uses.

4.      PREVIOUS APPLICATIONS AND SITE HISTORY

A negotiated decision notice for development permit to reconfigure a lot (1 into 2
lots) and preliminary approval for material change of use – Multiple Housing Type 4
(6 units) was approved by Council on 31 October 2011 (Council Ref: MCU10/2116 &
REC10/2072).




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On 18 August 2015 Council approved a request to extend the relevant period of the
application until 31 October 2019.

The site has been subdivided into two allotments in accordance with the above
reconfiguring a lot approval, with Lot 2 containing the existing bowling green and
club house and Lot 1 being a vacant parcel.



5.       SUSTAINABLE PLANNING ACT 2009

The Sustainable Planning Act 2009 (SPA) provides the statutory planning framework
for the State of Queensland. Assessment of this application is to proceed in
accordance with the requirements for Impact Assessment under the Integrated
Development Assessment System (IDAS) that are set out in Chapter 6 of the SPA.

The following section assesses the proposal against the IDAS requirements of the SPA.


     5.1. South East Queensland Regional Plan

The site is identified to be within the Urban Footprint designation of the South East
Queensland Regional Plan 2009 – 2031. Residential Developments are consistent with
the intent of this designation.


     5.2. State Planning Regulatory Provisions

The following State Planning Regulatory Provisions are applicable to this application:

     •   State Planning Regulatory Provision (adopted charges)

The proposal will generate charges in accordance with the Noosa Shire Council
Charges Resolution (No.2) 2014.


     5.3. State Planning Policy

The State Planning Policy (SPP) became effective on 2 December 2013. The
applicable State interests relating to development assessment are set out in Part E of
the document. There are no items contained within the SPP that are relevant to the
assessment of the proposed development.


     5.4. Referral Agencies

The proposal does not trigger referral to any external agency.




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6.         PLANNING SCHEME REVIEW

     6.1. Level of Assessment and Code Compliance

Part 6, Division 10, Table 6.8 sets out the relevant assessment criteria for development
in the Rural zone of the Cooroy & Lake Macdonald Locality Code. In this case,
Impact Assessment is required. Although a ‘whole of scheme’ assessment is required,
the following codes were found to be relevant to the assessment process:

     •     Cooroy & Lake Macdonald Locality Code;
     •     Residential Uses Code;
     •     Driveways & Carparking Code;
     •     Landscaping Code;
     •     Natural Resources Overlay Code (Water Supply Catchement Area)

An assessment of the proposed development against the most relevant
development parameters of the planning scheme is detailed in the table below:

Criteria                         Planning Scheme           Proposal          Compliance

Population Density (AH Zone)     100 persons/ha = 15.36    13.2 Persons      ✓

Gross Floor Area                 614.4m2                   <600m2            ✓

Site Cover (AH Zone)             40%                       40% (max)         ✓

Roof Form                        5° min pitch              >5°               ✓

                                 Min 600mm eaves to 75%    >600mm            ✓
                                 of building

                                 Proposed pop x 40m2
Landscaped Open Space                                      624m2
                                 = 528m2                                     ✓


                                                           15 metres (max)   ✓
Length of Wall                   15 metres max

Boundary Setbacks

 Frontage                        6 metres                  6 metres (min)    ✓
 Side                            Half building height
                                                           2 metres          ✗
Building Height
                                                                             ✓
 In Storeys                      2 storeys                 2 storey

 In Metres                       8 metres                  8 metres (max)    ✓



                                 2 covered per dwelling    8 covered and



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Carparking                      unit and 1 visitor       2 visitor        ✓



As demonstrated above, the proposal will comply with the relevant development
parameters contained within the Noosa Plan 2006 except for sides setbacks. The
non-compliance with the probable solutions of the code is addressed against the
specific outcome below.

Please refer to Appendix B for a detailed assessment of the proposal against the
Probable Solutions and above-mentioned codes.


Cooroy & Lake Macdonald Locality Code

Specific Outcome O8 – Setbacks

The proposal seeks to contain all future buildings within the building envelopes
identified on the submitted Site Plan. Future buildings would therefore be allowed to
have minimum setbacks from the side boundary of 2m. Given that Schedule 1
requires Multiple Housing Type 4 developments to have setbacks of half the building
height, it is expected that the 2 storey dwelling houses will exceed a height of 4m
presenting to the boundaries and therefore not comply with the probable solution.

While not meeting the probable solution, it is considered that the development will
achieve Specific Outcome 08 of the code for the following reasons:

   •   the buildings will present maximum heights of 5m – 6m to the boundaries and
       the proposed 2m setbacks will be sufficient to ensure the building provide
       amenity for future residents of the premises and protect the amenity of the
       adjoining uses;
   •   the 2m setbacks will allow for the establishment of landscaped plantings
       along both side boundaries to provide a buffer to the adjoining uses; and
   •   the proposed setbacks are consistent with the setbacks provided for the
       adjoining multiple dwelling to the east and will therefore ensure that visual
       continuity is retained along the streetscape.


   6.2. Development Controls

Although plans for the dwellings have not been provided, the above key
development parameters have been identified on the Site Plan so that it takes the
effect of a Development Control Plan for the site. It is considered that Council could
condition that any future development to be undertaken in accordance with the
Site Plan and Development Control Provisions.




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To further satisfy any of Council’s concerns in relation to the built form outcome for
the site, conditions could be imposed, requiring architectural plans to be submitted
to Council for review and approval. A condition of approval could read similar to
the following:

“Submit for the approval by Planning Assessment architectural plans of the
proposed removal homes showing the details of the façade treatments, internal
layouts, roofs and heights above natural ground level.

The plans must comply with the conditions of this approval and the approved plans,
including the development control provisions.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior
to commencement of use, whichever comes first.”

     6.3. Conflict With Planning Scheme

A broad conflict is raised with the locality code provisions for the site because the
scheme intends areas within the Open Space Recreation Zone to provide a variety
of passive and active recreational opportunities to the community. The scheme
subsequently makes most residential uses ‘Inconsistent’ within the zone. The conflict
is most reflected in the below Overall Outcome.

bb)     For the Open Space Recreation Zone—areas of open space contribute to the
        desired lifestyle of residents by offering a variety of passive and active
        recreational experiences that are conducive to community interaction and
        wellbeing.

While there is a degree of conflict with the planning scheme because the subject
proposal does not provide for active or passive recreation, it is considered that there
are sufficient grounds to support the proposal despite the conflict. These grounds
include:

1.      The proposed use is consistent with the existing and preferred dominant
        pattern of the surrounding area.

        The surrounding area contains a mixture of uses including a bowls club,
        multiple dwellings, dwelling houses, and mixed commercial uses. The planning
        scheme supports semi-attached and attached housing within the township
        area of Cooroy.

2.      The land is not required for Open Space Recreation, as identified by Council’s
        Open Space Strategy 2011 and Sport and Recreation Strategy 2011.
        Council has recently agreed to extend the relevant period of an
        application for 6 units over the site, which suggests Council continues to hold
        this view.




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3.      The retention of the bowls club over the majority of the former site area
        ensures that recreational opportunities remain for residents of Cooroy within
        immediate context of the site.

4.      The proposed development is consistent in nature with the preliminary
        approval for 6 units that exists over the site, which is valid until 31 October
        2019.

7.      CONCLUSION

As detailed within the planning report and detailed code assessments, the proposal
can be justified against The Noosa Plan local area provisions and relevant
development codes.

While the proposed development is identified as an ‘Inconsistent Use’ in the Open
Space Recreation Zone there are sufficient grounds to approve the development
based on:

     1. The proposed use is consistent with the existing and preferred dominant
        pattern of the surrounding area.

     2. The land is not required for Open Space Recreation, as identified by Council’s
        Open Space Strategy 2011 and Sport and Recreation Strategy 2011.

     3. The retention of the bowls club over the majority of the former site area
        ensures that recreational opportunities remain for residents of Cooroy within
        immediate context of the site.

     4. The proposed development is consistent in nature with the preliminary
        approval for 6 units exists over the site, which is valid until 31 October 2019.

It is therefore recommended that the application be approved, subject to
reasonable and relevant conditions.

This office trusts that the information supplied comprehensively addresses all of the
issues that are to be considered by the Noosa Council. Should you have any
questions in relation to the proposal, or any aspect of the development, please do
not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected]

Yours sincerely,




Marcus Brennan
B. Urb. Reg. Plan.



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