Planning & Environment Report - RAL22/0021 - Final Report

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                            11 JULY 2023


  2. The proposed lots are not consistent with the Overall Outcome 2(f) and Performance Outcome
  PO1 of the High Density Residential Zone Code to accommodate multiple dwellings to the
  exclusion of dual occupancy and dwelling houses, as the proposed lots are unlikely to be able to
  accommodate multiple dwellings consistent with the code’s built form requirements.

  3. The proposed development is contrary to Overall Outcome 2(c), (d) & (h), Performance
  Outcome PO2 and Acceptable Outcome AO2 of the Biodiversity, Waterways and Wetlands
  Overlay Code as the proposed lot boundaries transect a wildlife corridor and no rehabilitation is
  proposed to improve this ecological linkage.


  4. The proposed lots are in part located in a medium bushfire hazard area and the Bushfire
  Management Plan does not make any assessment of the proposed development or identify any
  bushfire mitigation measures, based on ecological principles, to minimise the risk to people and
  property from bushfire hazard.

  B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

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                 ATTACHMENT 1 – RAL22/0021 – PLANNER’S REPORT
1.     PROPOSAL
This application seeks approval to reconfigure a 1446m2 lot into 2 lots. The proposed lots (lots 50
and 51) and will both have areas of 723m2 and 15.87m frontages. Each lot is irregular in shape,
narrowing significantly to the site’s rear. Access to both lots will be from Picture Point Crescent.
A number of reports have been provided to support the application including:
•    Planning Report
•    Geotechnical Report
•    Massing Design Exercise – building envelopes
•    Soil Report
•    Stormwater Management Plan
•    Bushfire Management Plan
•    Unity Water Decision Package

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Figure 1 - Locality

 

 

Figure 2— Proposed Subdivision Plan

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                                     Figure 3 - Building Envelopes

2.    SITE DETAILS
2.1. Background
The application was lodged with Council on 7 September 2022 and it is noted that no pre-
lodgement meeting was undertaken prior to submission. Officers did not make a request for further
information however a further advice letter was provided to the applicant on 17 October 2022
identifying a number of issues with the proposal. The applicant responded to this letter on 22 March
2022 submitting further material and provided a response to officer concerns regarding the
proposed lots’ suitability for multiple dwellings. A second Further Advice letter was issued 21 April
2023 raising concerns with the proposed stormwater system with the applicant providing further
information on 15 May 2023.
2.2. Site Description
The site currently contains a dwelling house and associated structures which are to be demolished
to facilitate the proposed lots. This dwelling is built to the front of the site, with a double garage
located close to the front boundary.
The site slopes down towards the rear, with the rear of the site steeply sloping, having slopes of
50 to 60%. The rear of the lot is mapped as having vegetation of biodiversity significance
connecting with vegetation along Noosa Drive and ultimately other larger tracts of vegetation. This
vegetation was cleared sometime in 2022 by the applicant under the Noosa Plan 2020 and
Planning Act 2016 exemption provisions for fire management purposes due to the proximity of the
existing dwelling to medium potential bushfire intensity areas.
There are no easements registered over the lot, though a sewer line traverses the site under the
existing dwelling.
2.3. Surrounding Land Uses
The site is zoned High Density Residential, with the area planned to accommodate a range of
development including tourist accommodation, multiple dwellings, and dwelling houses. The
properties zoned High Density Residential in Picture Point Crescent and Edgar Bennett Avenue
have all largely been developed for multiple dwellings with the subject lot, 37, 43 and 45 Picture
Point Place still each containing a single dwelling house.

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                                  Figure 4 – Surrounding Zoning Pattern

The subject lot and 43 Picture Point Crescent have the steepest slopes of all lots in Picture Point
Crescent and Edgar Bennett Avenue, with the rear of these lots dropping away sharply as evident
in Figure 5 below.




         Figure 5 - Looking upslope (and south) from northern boundary towards existing residence

Existing lots in the area zoned High Density Residential, range in area from 3469m2 to the smallest
being 560m2 having been created approximately 50 years ago. 31, 33 and 35 Picture Point
Crescent are all smaller than the proposed lot areas of 721m2 with a number of lots along Edgar
Bennett Avenue having an area of approximately 800m2 plus or more.
3.    ASSESSMENT
3.1. 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;
•    Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and
the SPP raises no further issues relevant to the proposed development.

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South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint and Rural Production Area of the SEQ Regional Plan.
The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
•   Koala Habitat Area
The rear of the site is mapped as a Core Koala Habitat area but is outside the Priority Area. The
application is therefore not required to be referred to the State and is exempted development under
the Planning Regulation 2017 for the purposes of the State’s Koala Habitat requirements.




                                  Figure 6 – Core Koala Habitat Area

3.3. Statutory Instruments – Planning Scheme
The application is required to follow a code assessment process and must be assessed against
each of the following codes to the extent they are relevant to the development:
•   Noosa Heads Local Plan Code
•   High Density Residential Zone Code;
•   Reconfiguring a Lot Code
•   Biodiversity, Waterways and Wetlands Overlay Code;
•   Bushfire Hazard Overlay
•   Landslide Hazard Overlay and
•   Works Codes.
3.3.1 Overlays
Biodiversity, Waterways and Wetlands Overlay Code
The rear 10-15 metres of the site is mapped as an area of Biodiversity Significance and MSES
Environmental Values as shown in the Figure below. The site also forms part of an important

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ecological corridor through the area linking with vegetation along Noosa Inlet and Noosa National
Park.




                     Figure 7 – Biodiversity, Waterways and Wetlands Overlay Map

The Biodiversity, Waterways and Wetlands Overlay Code requires ecological linkages to be
conserved, managed, enhanced and rehabilitated.
The applicant submits that “the proposed subdivision does not further make vulnerable ecological
linkages or result in further vegetation clearing beyond which has been lawfully undertaken in
accordance with the Vegetation Management Framework. Notwithstanding this, the applicant is
open to discussions for some rehabilitation and would consider replanting of appropriate native
species.”
The architectural massing exercise suggests future development could be located outside this
corridor, though the proposed lot boundaries transect this wildlife corridor.
Bushfire Hazard Overlay Code
The applicant submitted a Bushfire Management Plan with the application which concludes that
the existing dwelling is within a potential impact buffer area associated with the adjacent medium
potential bushfire intensity area. The applicant submitted that vegetation clearing was warranted
to reduce potential exposure to acceptable levels, given the age of the existing building being
constructed prior to AS3959 commencing. A setback of 37.3m was calculated given the steep

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grade to the west where the bushland is situated, in order to reduce exposure of the existing
residence to radiant heat energy.
The Bushfire Management Plan does not address the proposed reconfiguring a lot and any fire
mitigation measures that may be necessary for the proposed lots, such as identifying any building
envelopes for future development.




                               Figure 8 – Bushfire Hazard Overlay Map

Landslide Hazard Overlay Code
The site is partly mapped as being subject to moderate landslip hazard. The applicant provided a
Geotechnical Investigation Report of the site to respond to the Overlay Code. This investigation
report, based on the building mass diagrams, concludes there would be a low risk of slope

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instability affecting the proposed development subject to implementation of a number of
recommendations relating to piling and stormwater.




                                Figure 9 – Landslide Hazard Overlay Map

Reconfiguring a Lot Code
The Assessment table of the Reconfiguring a Lot Code details that land in the High Density
Residential Zone must have a minimum lot size of 1200m2 and a minimum width of 25 metres. The
proposed subdivision proposes two lots each with an area of 723m2 and a frontage of 15.87 metres
narrowing further to the rear of the lots.
The code also requires that new lots are regular in shape and have a slope not exceeding 10%
side slope or 5% lengthwise slope. The proposed lots are irregular in shape and have slopes of
around 30 degrees in proximity to the existing residence, increasing to approximately 50% to 60%
at the rear.
As the proposal does not meet the minimum lot size it is pertinent to review the proposal against
the relevant outcomes of the Code.
The Overall Outcomes of this Code require that:
(a)   Development provides for lots that are of a size and have dimensions that are appropriate
      for their intended use and are consistent with the sizes of surrounding lots.
(b)   Development provides for lots which are responsive to local character and site constraints
      such that the natural landform is not modified.
(c)   Development avoids significant adverse effects on the natural environment and landscape
      including waterways, drainage lines, wetlands and other ecologically important areas.
(d)   Provides for a diverse mix of residential lot sizes and configurations to cater for different
      housing options.
The following Performance Outcomes are considered relevant in assessment of the proposal:
PO5
New lots have areas and dimensions that:
(a)   are consistent with the purpose and overall outcomes of the applicable zone or zones;
(b)   are consistent with the size and character of surrounding lots;

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(c)     can accommodate land uses that are consistent with the purpose and overall outcomes of
        the applicable zone;
(d)     allow for siting and construction of buildings, structures, access ways and car parking while;-
        (i)     Retaining ecologically important areas and ecological linkages;
        (ii)    Minimising risk of soil erosion, landslide, flooding and bushfire;
        (iii)   Minimising earthworks or retaining walls associated with construction on sloping sites;
        (iv)    Retaining the scenic amenity and vegetated character of the landscape
        (v)     Retaining culturally significant features and protecting views to culturally significant
                features
        (vi)    Minimising detrimental impacts of effluent disposal or stormwater runoff, including open
                space for landscaping; ensuring safe vehicular manoeuvring areas without
                concentration of driveways in one space; and
        (vii) Where not in a water or sewerage service area, allow for water storage tanks and
              suitable effluent disposal.
(e)     except where otherwise specified in a local area code, comply with the minimum lot size
        specified in Table 9.5.1.4 Minimum Lot Size and Dimensions.
PO6
Development provides for irregular shaped lots to be created only where:
(a)     The creation of regular lots is impractical such as at a curve in the road or because of
        topographical constraints;
(b)     Safe access and visual exposure to and from the site can be provided, while not adversely
        impacting on the functionality of the surrounding road network;
(c)     It is desirable to avoid clearing of vegetation and the fragmentation of habitat in ecologically
        important areas; and
(d)     The irregular lot is demonstrably suitable for its intended purpose.
PO7
Development provides for a lot layout and configuration of roads and pathways that is response
to:-
(a)     The setting of the site within an urban or non-urban context;
(b)     Any natural environmental values present on, or adjoining the site;
(c)     Any natural hazards affecting the site or adjoining the land such that the number of properties
        or persons at risk is not increased;
(d)     The terrain of the land, minimising the need for earthworks;
(e)     Any places of cultural heritage significance or character areas present on, or adjoining the
        site; and
(f)     Any important landmarks, views, vistas or other areas of high scenic quality present o, or
        able to be viewed from the site.
The applicant acknowledges that the proposed lots do not comply with the minimum lot size and
width requirements and submits the following in support of the application:
•     Given the existing land use pattern of dwelling houses on the northern side of Picture Point
      Crescent with shapes and sizes ranging from 765m2 – 995m2 - The proposed subdivision
      creates lots that are consistent with the predominant land use, size and character of
      surrounding lots.
•     The proposed lot shapes and frontages are consistent with the purpose and overall outcomes
      of the High-Density Residential Zone Code as the proposed lot size and shape still allows for

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    the development of both a dwelling house and/or multiple dwellings. The lots are an appropriate
    size and area and is responsive to site constraints, as well as providing practical access and
    infrastructure provisioning to the proposed lots.
•   The smaller lot sizes are just as readily capable to cater for the same density of units than the
    larger sites. The average of all the lots with multiple dwelling units in the area surrounding
    Picture Point Crescent is 198m2 per unit.
•   The proposed subdivision into two 723m2 lots allows for 3 or more compatible multiple units to
    be constructed on each of the new lots – consistent with the residential character and other
    sites long Picture Point Crescent.
•   The proposed subdivision retains the distinct look and feel of the existing residential
    neighbourhood. Future development proposals for consistent code assessable compatible
    multiple dwelling units on each of the sites may be lodged over the new lots. Development
    controls on new built form developments will ensure future development makes a positive
    contribution to the streetscape.
While it is apparent that lots in the area do range in area, with a number being less than the
minimum lot size, the proposed lots are not consistent with the predominant lot size and width in
the area. Figure 10 below illustrates the range of lots sizes in the immediate area.




                               Figure 10 – Landslide Hazard Overlay Map

The subject land is also highly constrained containing slopes generally far greater than the high
density residential lots in the area and in part forming a wildlife corridor through the area. This is
evident from the scheme overlays maps and analysis and in the applicant reports. It is also clearly

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shown by the applicant’s building massing diagrams that have been lodged with the application
with only the front half of the proposed lots (approximately 400m2 to 480m2) suitable for future
development.
The irregularity of the lot shapes, which narrow and taper to the rear along with the smaller road
frontage, compounds the proposed lots unsuitability for further subdivision and future unit
development. Specifically, the new lot boundary through the existing site will result in building
envelopes for 3 storey multiple dwellings having a width of 12.8 metres which as demonstrated by
the applicants building massing diagrams indicate that development will be concentrated across
the front of the site with front setback relaxations for future development likely to be required.
Overall, the proposed lots do not comply with the Reconfiguring a Lot Code as they will not
sufficiently cater for the outcomes sought for the High Density Residential Zone Code, which is to
provide for multiple dwellings to the exclusion of dual occupancy and dwelling houses.
Noosa Heads Local Plan Code and High Density Residential Zone Code
The overall outcomes sought for Noosa Heads local plan area require:
(o)     Development in the Medium Density and High Density Housing zones accommodates a
        greater diversity in housing types including dual occupancies, multiple dwellings, retirement
        facilities and residential care facilities.
Similarly, the High Density Residential Zone Code overall outcomes require:
(c)     The distinct look and feel of existing residential neighbourhoods is retained, and development
        makes a positive contribution to the streetscape by maintaining the predominant character
        of the area and providing well designed buildings and landscaping.
(f)     Multiple dwellings of various sizes and some communal housing models, to the exclusion of
        dual occupancy and dwelling houses, are provided to meet the needs of different households.
The proposed lots do not support the outcomes sought for the High Density Residential Zone given
their limited size and road frontage, irregular shape and topographical and environmental
constraints as previously discussed. Future development of the lots for multiple dwellings is
unlikely to be achieved within the built form parameters sought for the High Density Residential
Zone.
Stormwater
The proposed stormwater discharge system has been reviewed by Councils external consultant
who concluded that the revised stormwater concept was suitable and conservatively addressed
the risks associated with the proposal.
4.      CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
•     Coordinator Engineering
•     Senior Environment Officer
4.3. Public Comment
Correspondence has been received from a property owner residing in Picture Point Crescent
concerning the proposed development. Concerns were raised about future development impacting
on views and it is noted that these impacts would be assessed as part of assessment of any future
application for development It is important to note that pursuant to the Planning Act 2016, being
a code assessable application, the application must be assessed only against the applicable Noosa
Plan codes and matters prescribed by the Planning Regulation 2017. Regard cannot be had to
comments from surrounding residents in deciding the application.

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5.    CONCLUSION & REASONS FOR DECISION
The application seeks approval to subdivide a 1447.3m2 High Density Residential zoned site into
lots that are below the requirements of the Reconfiguration of a Lot Code. The lot areas, width and
shape are significantly less than the Code requirements and result in a development form that is
not consistent with the character of the site but also reduce opportunities to achieve an appropriate
form of unit development on the site. The applicant is not supported and recommended for refusal.
Departments/Sections Consulted:

      Mayor                         Community Services                      Corporate Services

      Councillors                   Director                                Director

                                    Community Development                   Financial Services

      Chief Executive Officer       Community Facilities                    Fleet

      Executive Support             Libraries & Galleries                   ICT

                                    Local Laws                              Procurement

                                    Waste & Environment Health              Property

                                                                            Revenue Services



      Executive Services            Environment & Sustainable Development   Infrastructure Services

      Director                  x   Director                                Director

      Community Engagement          Building & Plumbing Services            Asset Management

      Customer Service          x   Development Assessment                  Buildings & Facilities

      Governance                    Economic Development                    Civil Operations

      People & Culture              Environmental Services                  Disaster Management

                                    Strategic Land Use Planning             Infrastructure Planning,
                                                                            Design & Delivery