Delegated Report - Impact - Planning MCU20 0141

Author	Maxwell Potter
Development Assessment
APPLICATION DETAILS
Application No.	MCU20/0141 & RAL20/0030
Applicant	Corporation Of Synod Of Diocese Of Brisbane
Proposal	Reconfiguration of a Lot (1 lot into 2 lots) and Material Change of Use - Dwelling house
Properly Made Date	25 November 2020
Information Request Date	17 December 2020
Information Response Date	4 February 2021
Decision Due Date	14 May 2021
Report Completed Date	13 May 2021
Number of Submissions	1

PROPERTY DETAILS
Property Address	1 Rectory St Pomona Qld 4568
RP Description	Lot 201 P 5011
Land Area	2023m²
Existing Use of Land	Church and Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Pomona
Zone	Communities Facilities – 4 Place of Worship
Overlays	Heritage and Character Area Overlay
Assessment Type	Impact
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house and a Reconfiguration of a Lot (1 Lot into 2 Lots). Proposed Lot 20 of the Reconfiguration includes the Church and parking area, and comprises 1011m2, and Lot 21 includes the change of use for the Rectory to a dwelling house and comprises 1012m2.
The proposed subdivision line is located at the base of the existing carpark retaining wall and will create a physical border between the proposed lots.
The Change of Use of the Rectory building to a dwelling house requires no structural change of the building.

Figure 1 – Proposed Reconfiguration
site details
Background
The church has been operating from the site since 1974. The original approval for the development is not in Council records, however additions in the form of new entry, kids play area, new toilet and extended meeting/cry room/kitchen area and new deck were approved in 2019.
Site Description
The site has been historically excavated with the church sitting generally on a levelled pad. The topography of the site exhibits a gentle slope from the Memorial Avenue frontage to the northern boundary. The site includes the church on the southern side of the lot and the clergy house on the northern side. The church is comprised of a gathering area and kitchen, however received planning approval for an extension to the kitchen, kids play area and outdoor deck in 2019 which at the time of writing this report has not been acted upon. The current approximate site cover for the church is 181m2, whilst a total of 275m2 has been approved under the 2019 approval. The rectory is a timber Queenslander style house and includes 3 bedrooms, car park and utility rooms underneath and consist of a site cover of approximately 235m2. Further, both buildings are accessed via concrete driveways from Rectory Street. The subject site is identified as part of the Pomona character area by the Heritage and Character Area Overlay.
Figures 2 and 3 highlight the locality of the subject site and the Heritage and Character Overlay.

Figure 2 – Locality

Figure 3 – Pomona Character Area
Surrounding Land Uses
The clergy house separates the church from a dwelling to the north. A house is situated opposite the site to the east which is Local Centre zoned land, where the post office and single dwellings exist along Memorial Avenue until the corner of Reserve Street where a commercial business operates. Land to the west of the site is zoned Medium Density Residential, a duplex is located to the west of the church building whilst a dwelling house is located adjacent to that part of the boundary adjacent to the existing rectory building. The following image details the zoning of the site and surrounding land.

Figure 4 – Land zoning
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Hinterland Villages Local Plan Code
Community Facilities Zone Code
Low Density Housing Code
Works Code
Reconfiguring a Lot Code
Heritage Overlay Code
The subject site is located in the Pomona Locality and is zoned Community Facilities 4 – Place of Worship. The proposed use is identified as an inconsistent use with the zone and is required to follow an impact assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme (Lot 20 & Lot 21)	Proposal (Lot 20 & Lot 21)	Complies (Lot 20 & Lot 21)
Site Area	No requirement	1011m² & 1012mm	N/A
Gross floor area	1000m² max	Both less than 1000m²	
Site cover	50% max	Lot 20: 27.2% (181m2 – 275m2 approved) Lot 21: 23.6% (235m2)	
Building height storeys metres	2 storeys max 8/9 metres	1 & 2 storeys 6.6 & 7.68 metres	
Boundary setbacks Frontage Side (north) Side (south) Rear	6 metres min 3 metres min 3 metres min Lot 20: 10 metres min Lot 21: 3 metres min	To new boundaries 6.0 & 6.6 metres 7.1 & 6 metres 4.7 & 3.5metres 10.1 16.5 metres	
Carparking	Lot 20: 3.5 uncovered min Lot 21: 2 covered min	4 uncovered 2 covered	
Bicycle Spaces	Lot 20: 5.5 bicycle spaces	8 bicycle spaces	
Development in Hinterland Villages Local Plan Area
Performance Outcome PO2 of the Hinterland Villages Local Plan Code seeks that development contributes to the lifestyle and amenity of residents of the Hinterland Villages and their surroundings.
The proposed Reconfiguring of Lots and Material Change of Use will result in the existing rectory becoming a dwelling house on a site which is zoned Community Facilities and which directly abuts the Low Density Residential Zone to the north and Medium Density Residential Zone to the west. The proposed dwelling with abut residential zoned land and will not substantially change the character and amenity of the surrounding area noting that the existing rectory is used for residential purposes. Further, the development will maintain the current built form of both the church and rectory, thus not impacting the streetscape of Rectory Street.
As such, the development is considered to positively contribute to the lifestyle and amenity of residents of Hinterland Villages and their surroundings and therefore comply with Performance Outcome PO2 of the Hinterland Villages Local Plan Code.
Whilst the proposed dwelling use is inconsistent with the Community Facilities zone it remains consistent with the character of the area and the existing use as a rectory.
Amenity – Acoustic and Visual
Acceptable Outcome AO29 of the Community Facilities Zone Code necessitates that where a community facility adjoins a sensitive land use that a minimum 1.8 metre high solid acoustic screen fence and a 2 metre wide landscape strip is provided along the full length of all common site boundaries and for intrusive or noise generating outdoor activities are located and orientated away from sensitive land uses.
There is currently no landscaping or 1.8 metre high solid acoustic fence separating the church from the surrounding residential uses on properties which abut the subject site. It is not reasonable to require acoustic treatment to the existing adjoining residential uses however the location of the existing church car parking area necessitates acoustic treatment between the church and the existing rectory which is to be converted a dwelling.
The applicant has not proposed an acoustic fence or landscaping, thus not complying with Acceptable Outcome AO29.
The corresponding Performance Outcome PO29 seeks that where land adjoins the major road network, land within a residential zone or a sensitive land use:
Development is appropriately setback and buffered by vegetation or other screening;
Development is of a scale compatible with buildings in the adjoining residential zone; and
Buildings and other structures contribute to the streetscape and skyline
The previous approval for the church indicates the following times of operation are as follows:
Sunday
Sunday 9am – 10am church service – approximately 35 people
Seasonal Sunday night services 6pm – 7pm (monthly)
Tuesday
Tuesday night community meal – setup starts at 4.30pm and the meal from 7pm – average 30 people
Thursday
Thursday 9.30am – 11am and 10 – 20 people
General
Occasional meeting for management
The size and scale of the church building, frequency of church services and the proximity of the car park and associated access to the proposed dwelling has the potential to adversely affect the visual and acoustic amenity of the proposed dwelling house. As such, the inclusion of a condition requiring the installation of a minimum 1.8 metre height screen fence and a 2 metre wide landscape strip will be included in order to mitigate noise. The screening vegetation is described by Schedule 6.3 – Planning Scheme Policy 2 – Landscaping, as a Large Shrub with a maximum height of 3 metres and a Medium Shrub with a growth height of between 1 metre and 3 metres. As such, the proposed development can be conditioned to comply with Performance Outcomes PO29 of the Community Facilities Zone Code.
Heritage
The site is situated within the Character area of Pomona. Performance Outcome PO3 of the Heritage Overlay Code relates to the reconfiguration of a lot involving a heritage place or character area and seeks that development does not obscure or destroy any pattern of an historic subdivision, the landscape setting or the scale and consistency of the urban fabric relating to the local heritage place or character area.
Whilst the proposed reconfiguration will result in the separation of the existing church and rectory buildings they have the appearance of separate uses on separate lots. The proposed 1011m2and 1012m2 blocks are of a consistent shape and size with sites located on Rectory Street to the north, thus maintain the existing landscape setting and scale and consistency of the urban fabric of the Pomona town centre character area. Furthermore, no works are proposed on the existing rectory building.
As such, the proposed development complies with the Performance Outcome PO3 of the Heritage Overlay Code.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Engineering Officer, Development Assessment
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016.  1 properly made submission was received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
The submitter raised concerns regarding the Rectory being moved or altered.	The applicant proposes to split the 1 lot into 2 and to use the existing rectory as a residential dwelling. The applicant does not propose building work or to remove the existing building, a further development application would be required to do so due to the subject site being classified within a character area by the Heritage and Character Overlay.
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 MCU20/0141 for a Material Change of Use - Dwelling house and RAL20/0030 Reconfiguration of a Lot (1 lot into 2 lots) situated at 1 Rectory St Pomona Qld 4568 and described as Lot 201 P 5011, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0141 & RAL20/0030
Street address:	1 Rectory St Pomona Qld 4568
Real property description:	Lot 201 P 5011
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house
Development Permit for Reconfiguration of a Lot -  1 Lot into 2 Lots
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
MCU20/0141
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.

Currency Period
This development approval lapses if the use has not happened by 13 May 2025 unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. 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.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each lot OR the development site.
Screening
Prior to the commencement of the use a minimum 1.8 metre high solid acoustic screen fence must be constructed to the southern boundary of proposed lot 21.
Prior to the commencement of the use a 0.6 landscape strip must be provided to the full length of the southern boundary of proposed lot 21. The planted vegetation must consist of native, endemic species comprised of medium and large shrubs with a growth height of less than 3 metres.
RAL20/0030
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
03-1506AF	1	“Plan of Proposed Development of Lot 201 on P5011” Prepared by Max Watterson Associates	03/02/2021
External Works
Memorial Avenue 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:
construction of a 1.8m wide pedestrian footpath generally in accordance with council’s standard drawing RS-065;
construction of a pram ramp, generally in accordance with council’s standard drawing SD: 9006, on the SE corner of the subject property’s road reserve, providing connection to existing pram ramp on the opposite side of Rectory St.
Condition 2 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.

Truncation
The existing property boundaries at the intersection of Memorial Ave and Rectory Street must be truncated with a 6 metre by 3 metre chord.
Stormwater Drainage
Each of the proposed lots must be provided with a stormwater drainage system connecting to a lawful point of discharge to Rectory Street.
Services
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
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 fill, associated batters and retaining walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
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:
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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
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 pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
property notes
Not applicable.
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	Frontage works
submissions
There were  properly made submissions about the application. In accordance with Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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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