MCU16/0117 & OPW16/0212 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING TYPE 4 CONVENTIONAL (6 UNITS) & OPERATIONAL WORKS FOR EARTHWORKS, STORMWATER, DRIVEWAYS, PARKING & LANDSCAPING SITUATED AT 11 OPAL STREET, COOROY

MCU16/0117 & OPW16/0212 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING TYPE 4 CONVENTIONAL (6 UNITS) & OPERATIONAL WORKS FOR EARTHWORKS, STORMWATER, DRIVEWAYS, PARKING & LANDSCAPING

Document information

Author	Coordinator Planning, Patrick Murphy
Planning & Infrastructure Department

Index	ECM / Application / MCU16/0117 & OPW16/0212

Attachments	1.	Proposal Plans
2.	Preliminary Approval Approved Plans

APPLICATION DETAILS
Applicant	Tony Rossiter, Anoma Rossiter, Sean Murphy, Sharon Sales
Proposal	Development Permit for Material Change of Use of Premises - Multiple Housing Type 4 - Conventional (6 units) and associated Operational Works for Earthworks, Stormwater, Driveways, Parking, Erosion and Landscaping.
Properly Made Date	30 September 2016
Information Response Date	08 December 2016
Decision Due Date	17 March 2017
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	11 Opal Street, Cooroy
RP Description	Lot 1 SP 248165
Land Area	1,536m2
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake Macdonald
Zone	Open Space Recreation
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator of Planning to the Planning & Environment Committee Meeting 7 March 2017 regarding Application No. MCU16/0117 & OPW16/0212 for a Development Permit for a Material Change of Use - Multiple housing Type 4 - Conventional (4 units) situated at 11 Opal Street, Cooroy and:
Approve the application in accordance with the following conditions:
MATERIAL CHANGE OF USE CONDITIONS
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.
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
161006 – A1	B	Site Plan	20/01/2017
161006 – A2	B	Floor Plans – Type A	21/02/2017
161006 – A3	A	Elevations – Type A	21/11/2016
161006 – A4	C	Floor Plans – Type B	21/02/2017
161006 – A5	B	Elevations – Type B	20/01/2017
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. 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 Building Works.
*(Refer to Advisory Note)
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Building Appearance
Dwelling units must be old ‘Queenslanders’ re-located to the site. The re-conditioning of the buildings must include weatherboard clad walls and tin or zincalume roofs.
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Protection of Privacy
To ensure privacy is protected between adjoining properties, any window/s, deck or the like that overlooks or has the potential to overlook the private open space or habitable room windows of neighbouring properties must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen positioned in such a way to obscure direct  view
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
External Works
Opal Street 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 pedestrian footpath in accordance with the conditions of this Decision Notice
remarking of the existing on-street parking bays
linemarking of the access driveway signage.
The access driveway to the site from Diamond Lane must include the construction of a passing opportunity for vehicles traversing Diamond Lane. The overall width of the lane formation and the passing opportunity must be sufficient to allow vehicles to pass.
Site Access and Driveways
A sealed access driveway must be provided from Opal Street and Diamond Lane to all parking and manoeuvring areas of the development. The works must include in particular:
a driveway crossover in Opal Street generally in accordance with RS-051
a vehicle crossover in Diamond Lane generally in accordance with the approved plans. The crossover must not cause additional ponding of stormwater in Diamond Lane or direct runoff onto the subject site or any adjoining property.
Car Parking
A minimum of 10 car parking spaces must be provided on the site. The works must include in particular:
2 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use
Dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian Facilities
Pedestrian facilities must be provided for the development. The works must include in particular a 1.8 metre wide footpath within the road verge for the entire length of the site’s frontage to Opal Street. In this regard, the existing path must be removed and replaced with the new path.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken generally in accordance with the approved plans.
Electricity and Telecommunication 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 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 earthworks 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.
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.
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system which can be achieved by a bunded area, with a nib wall height of 100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²).  Alternatively the waste area can be roofed or any other appropriate design approved by Council.
Landscaping
An amended landscaping plan must be submitted to Council for endorsement prior the issue of a Development Permit for Building Works. The amended plan must include in particular:
the works shown on the Approved Plans including a 2 metre wide planting bed of native species suitable from screening the development to the Opal Street and Diamond Lane frontage exclusive of the access driveway, generally uncompromised by infrastructure items;
details of front boundary fencing along Diamond Lane and Opal Street;
Screening vegetation to the side boundary setback areas uncompromised by infrastructure;
Species in accordance with Planning Scheme Policy 3 Landscape Plants and Guidelines; and
Plans prepared by a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Front Boundary Fencing
Front fences or walls must be setback an average of 1 metre and are articulated to provide visual interest by stepping the design at maximum 5m intervals. The area of land between the fence and the front property boundary shall be densely landscaped to screen any fencing from the street.
Asbestos removal control plan
A Queensland licensed asbestos removalist (Class A and/or Class B) must submit to council’s Environmental Health unit an Asbestos Removal Control Plan (ARCP) for any structures that contain asbestos containing materials (ACM) prior to relocation of the houses to the site.  The asbestos removal control plan may incorporate the Safe Work Method Statement (SWMS) and must include:
Details of the asbestos removalist and copy of licence(s)
Details of how the asbestos removal will be carried out including dates and methods ( e.g. tools, equipment and personal protective equipment, monitoring etc to be used etc)
Details of the asbestos to be removed, including location, type and condition of the asbestos
Details of the treatment, transport, quantity, tracking (if more than 250kg) and final disposal of asbestos waste
An independent competent person (as defined by the Work Health Safety Regulation) must carry out a clearance inspection for any asbestos removal work conducted (i.e. Class A & Class B) and submit to council’s Environmental Health unit a Clearance Certificate prior to reconstruction or occupation of the houses.
Building Demolition/Removal/Relocation
Where the development involves the removal, relocation or demolition of a building, a Waste Management Plan (construction and demolition) shall be submitted and approved by Council’s Environmental Health Officer prior to issue of a development permit for operational works for demolition, removal or relocation of any building other than a shed.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials.  Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste Management Plans (construction and demolition) are required to be submitted in accordance with Planning Scheme Policy 11, Waste Management Plans.
Waste storage areas are to provide for adequate separation of all reusable, recyclable and waste materials. These shall be located so that they are convenient and safe to use.
The Plan shall contain the following information:
The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application.
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed.
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system which can be achieved by a bunded area, with a nib wall height of 100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²). Alternatively the waste area can be roofed, or any other appropriate design approved by Council.
Noise
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following :
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable =  background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
Assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building.  All equipment should be operating at the same time to test the overall noise level created, with the measurement location at either the residential boundary or outside the most exposed part of an affected building - whichever is the closest to the plant/equipment.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
OPERATIONAL WORKS CONDITIONS
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
16-0604-C1	B	Civil Works prepared by Lindsay Consulting Pty Ltd as annotated by Council	1 December 2016
16-0604-C2	B	Civil Works Frontage Works prepared by Lindsay Consulting Pty Ltd as annotated by Council	1 December 2016
16-0604-C8	A	Landscape Plan prepared by Lindsay Consulting	22/09/2016
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report of the drainage system must be completed for agreement at the prestart meeting. The condition report is to include a CCTV inspection of the existing pipe system in Opal Street extending from nearest surface pit east and west of the subject site.
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting / prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
The relevant conditions of the higher order Material Change of Use approval
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Road works (External Road works & Road Widening Works)
All pavement widening or construction of new pavement must join neatly to the existing pavement so that there are no irregularities in line or level resulting at or adjacent to the join for the length of the construction. Where necessary the existing pavement must be brought to a satisfactory standard to allow for the above.
All street surfacing must consist of a minimum depth of 30mm of an approved hot mixed asphaltic concrete.
Pavement Design and Construction
The pavement design shown on the engineering drawings are not approved. The final pavement design must be agreed on-site with Council’s Engineering Officer.
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing RS-065.
All paths must have a slip resistant surface
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists
The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety
be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility
Site Access and Driveways
Driveway crossovers must be constructed in accordance with Council’s Standard Drawing RS-051
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties
Underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
Earthworks
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term (refer to advisory notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
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.
FOLLOWING CONSTRUCTION / PRIOR TO COMMENCEMENT OF USE
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
Landscaping
An amended landscaping plan must be submitted to Council for endorsement prior the issue of a Development Permit for Building Works. The amended plan must include in particular:
the works shown on the Approved Plans including a 2 metre wide planting bed of native species suitable from screening the development to the Opal Street and Diamond Lane frontage exclusive of the access driveway, generally uncompromised by infrastructure items;
details of front boundary fencing along Diamond Lane and Opal Street;
Screening vegetation to the side boundary setback areas uncompromised by infrastructure;
Species in accordance with Planning Scheme Policy 3 Landscape Plants and Guidelines; and
Plans prepared by a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
As Constructed Plans (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgement of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures
The data must be in accordance with Council’s – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels
The data must be submitted in hardcopy form and digital format (Asset Design and As Constructed (ADAC)) where required. Guidelines on the use of ADAC are available at www.adac.com.au
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to the commencement of the use. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit
as Constructed details in accordance with Council’s Planning Scheme Policy
maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
a Council inspection reveals works do not comply with approval requirements
submitted certification falsely states works comply with approval requirements.
Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The Sport and Active Recreation Strategy identifies that the subject land is surplus to Open Space Recreation land in Cooroy;
The Open Space Strategy identifies that additional land is required further north, towards Cooroy’s residential growth areas along Lake Macdonald Drive and Pearsons Road;
The proposed development provides smaller dwellings with varying bedroom configurations which improves housing choice and is identified as community benefit by Councils Strategic Land Use Planning Section.
The proposed dwelling types are broadly consistent with the character provisions of the locality; and
The proposal is consistent with the Preliminary Approval which is valid until 31 October 2019.
REPORT
PROPOSAL
The application seeks approval for Material Change of Use of Premises - Multiple Housing Type 4 - Conventional (6 units).
It is proposed to develop 2 x 3 bedroom, 2 x 2 bedroom and 2 x 1 bedroom residential units. The 6 units are proposed to be within 4 re-located double storey buildings and accessed via a common driveway extending north to south through the site connecting Opal Street to Diamond Lane.
The site is within the Open Space Recreation zone, which reflects the site’s previous ownership by the Cooroy Bowls Club.
The site has a current preliminary approval for Multiple Housing – Type 4 Conventional for 6 x 2 bedroom units on the site that is valid until 31 October 2019. The preliminary approval allows for an inconsistent use on the site and calls for an Impact Assessable Development Application for the use to obtain a development permit.
The application is subject to the assessment against the conditions of the preliminary approval, the provisions of The Noosa Plan and any other applicable statutory instruments.
The applicant also seeks approval for operational works.
The application is before Council as the proposed Residential use is inconsistent within the Open Space Recreation zone. Figures 1 to 3 detail a Locality Plan, Zone Map and a Site Plan.
Subject Site
Subject Site
Figure 1: 2016 Aerial Photograph

Subject Site
Subject Site
Figure 2: Zone Map

Figure 3: Site Plan
site details
Background
The following table describes all the approvals given over the site, and their current status:
File Reference	Description of Approval	Council Decision Date and Comments
TPC2846	Development Permit for Indoor entertainment, new  clubhouse, sport and recreation - new bowling green	5 September 1995 Conditions required the completion of frontage works including 25 angle car parks in Opal Street and a meandering footpath. Council did the road upgrades to Pearl Street and the Club constructed the car parks. Due to the credit for the existing clubhouse, the planning requirement was only 13 car bays.
23431 DA	Development Permit for Motel – 21 Accommodation Units (Lapsed)	On the 1 July 2004, Council approved 21 motel units. Reasons for the approval despite the inconsistency with the zoning are outlined below: There has been considerable community support for the proposal, including the Chamber of Commerce; The motel is to be developed on the same site as the bowls club, which has a low intensity of development; and There is a significant need for additional short-term accommodation such as a motel in the town of Cooroy.
Change – TPC2846	Permissible Change for Addition to Building - Outdoor Smoking area	On the 3 July 2008, Council gave approval to use the outdoor area on the western side of the bowls club to allow for outdoor smoking area.
MCU10/2116	Development Permit for Reconfiguring a Lot Preliminary Approval for Multiple Housing Type 4: extended until 31 October 2019	On the 31 October 2011, Council issued the following approvals: Development Permit for Reconfiguring a Lot (1 into 2 lots) to subdivide the 5,059m2 Cooroy Bowls Club site into 2 lots (5 & 11 Opal Street Preliminary Approval for Multiple Housing Type 4 – 6 x 2 bedroom units with the following grounds to justify the decision, despite the conflict with the planning scheme: The proposed use is consistent with the existing and preferred development pattern of the surrounding area; The land is not required for Open Space Recreation, as demonstrated in the recently endorsed Open Space Strategy 2011 and Sport and Recreation Strategy 2011; and The proposal maintains the existing bowls club on the majority of the site.
Site Description
The site is located within Cooroy’s town centre, on the eastern side of the railway line.
The site which previously formed part of the Cooroy Bowls Club comprises a 1536m2 rectangular shaped lot with 30m frontage to both Diamond and Opal Street. The land is relatively flat with some planted vegetation adjacent to the front and western boundaries; there is no development on site.
An 8m2 sewerage easement is situated in the south-western corner of the site.
Surrounding Land Uses
North: Diamond Lane and 12 and 14 Diamond Street
Diamond Lane: a modest lane of approximately 3.0 metres in width at the site frontage and services the rear of several properties that front Opal and Diamond Street. It is the sole access for a duplex dwelling at 15 Opal Street.
12 Diamond Street: Cooroora Veterinary Clinic which has a rear car park which gains access from both Diamond Street and Diamond Lane.
14 Diamond Street: a double storey residential dwelling which fronts Diamond Street.
Both 12 and 14 Diamond Street are situated within the Semi-Attached Housing Zone.
South: Opal Street and 10, 12 and 14 Opal Street
Opal Street: a local road which provides access for both residential and commercial properties. Nine car spaces, a power pole and a stormwater drain/pit are located within the road reserve.
10, 12 and 14 Opal Street: residential properties which have access from both Opal Street and Opal Lane, all of these properties are within the Attached Housing Zone.
East: 15 Opal Street:
15 Opal Street: a single building containing 3 dwelling units which has its only access from Diamond Lane, this property is within the Attached Housing Zone
West: Bowls Club
The main building of the Cooroy Bowling Club is adjacent to the common boundary with the subject site. Situated between the building and the boundary is an outdoor seating area.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions
Preliminary Approval Overriding the Planning Scheme for the land
MCU10/2116 & REC10/2072
On 1 November 2011 Negotiated Decision Notice MCU10/2116 & REC10/2072 was issued and included Preliminary Approval for Material Change of Use of Premises for Multiple Housing Type 4 (6 Units) with a lapse date of 31 October 2015.
An extension to the relevant period was issued on 20 August 2015 which provided for a new lapse date of 31 October 2019.
The Preliminary Approval is for 6 x 2 bedroom dwelling units occupying two separate buildings with each unit serviced by a single car space. Details of the approval are provided in Attachment 2.
The following table provides a comparison of key attributes of the preliminary approval and the current proposal.
Criteria	Preliminary Approval	Current Proposal
Density	14.4	14.8
Gross Floor Area	525m2	535m2
Site Cover	33.1%	30.36%
Roof pitch Min 600m eaves to 75% of building	16o Gable Roof 600mm Eaves to 84% of roof perimeter	Type A > 15o & Type B > 15o Type A = complies Type B = 50%
Landscaped Open Space	432m2	Approximately 575m2
Length of Wall	15.6 metres	Type A = 11.9 Type B = 15.7
Boundary Setbacks Frontage Side Side Rear	6 metres 9.8 metres 4 metres 6 metres	6 metres 2.5 metres 2.5 metres 6 metres
Building Height In storeys In Metres	2 storeys 6.88 metres	2 storeys Type A = 7.6 metres Type B = 7.4 metres
Car parking Covered Visitor	6 2	8 2
Table 2: Comparison of key attributes of the preliminary approval and the current proposal
The above table identifies that there are numerous aspects of the current application which are consistent with the Preliminary Approval.
It is acknowledged that the current proposal seeks the development of 6 dwelling units within 4 buildings whereas the original proposal sought the development of the 6 dwelling units within 2 buildings. The current proposal is not considered to be a lesser outcome in that each building has the appearance of traditional ‘Queenslander’ dwellings, includes adequate separation between each new building and will be consistent with other residential built form in the surrounding area.
The current proposal seeks to develop dwellings with a greater height than the preliminary approval however it is considered that the increase in height is a minor variation. The proposed height is also consistent with the height of the dwellings to the rear of the adjoining property at 15 Opal Street and other dwellings within close proximity of the site.
Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Open Space Recreation Zone. The proposed use is identified as an inconsistent use within the zone and is required to follow an impact assessable application process.
Locality Provisions
Cooroy and Lake Macdonald Locality Code
The site is within the Cooroy & Lake Macdonald Locality and is zoned Open Space Recreation. The proposed Multiple Housing use is identified as an inconsistent use within the Locality Code and therefore is required to follow an impact assessable application process. In relation to the proposal, the most relevant overall outcome states:
6.7.2dd) 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.
This inconsistency with the scheme was recognised at the time the preliminary approval was issued when it was noted:
Despite the conflict with this overall outcome, it is recognised that the proposal maintains the predominant recreational bowling use on the majority of the site, and the proposed units are to be developed on a portion of the land, which the bowls club submits is surplus to the requirements of their needs.
The proposed use of the currently vacant portion of the site for multiple dwelling units is also in keeping with recent developments on adjoining Attached Housing zoned land and is consistent with other overall outcomes of the Locality Code to develop areas surrounding the business centre with a higher density.
There have been no changes to the Overall Outcomes within the Cooroy and Lake Macdonald Locality Code or to the layout and use of the Cooroy Bowls Club since the preliminary approval was issued that create conflict with the previous assessment.
Overall outcome 6.7.2h) states:
The urban community is predominantly accommodated in detached housing, although areas close to Cooroy centre support semi-attached and attached residential development and other properties in Cooroy township containing aged care housing.
It is considered that the development is consistent with this relevant outcome as it proposes multiple housing units within 70 metres of the Business Centre zone within Cooroy. The adjoining sites are predominantly zoned for Attached Housing and Semi-Attached Housing.
The Cooroy and Lake Macdonald Locality Code provides for Specific Outcomes for new uses in the Open Space Recreation Zone; however due to the nature of the development the most suitable assessment criteria to compare the proposal with is the Attached Housing Zone. This is reflective of the adjoining land at 11 Opal Street and land on the opposite side of Opal Street.
Assessment against the relevant Specific Outcomes for the Cooroy and Lake Macdonald Locality and the Attached Housing Zone is detailed in the following table. Whilst generally complying with the specific outcomes the proposal seeks to vary the requirements for roof form, length of wall and side boundary setbacks.
Criteria	Planning Scheme	Current Proposal	Complies
Density	100 person/ha = 15.36	14.8	
Gross Floor Area	614.4m2	535m2	
Site Cover	40% max	30.36%	
Roof form	12o min pitch Min 600m eaves to 75% of building	Type A = complies Type B = complies Type A = <75% Type B = <75%	X X
Landscaped Open Space	Proposed population x 30m2 Required = 444m2	Proposed = 575m2	
Length of Wall	15 metres max	Type A = 11.9 Type B = 15.7	X
Boundary Setbacks Frontage Side Side Rear	6 metres 3.7m (half building height) 3.7m (half building height) 6 metres	6 metres 2 metres 2 metres 6 metres	X X
Building Height In storeys In Metres	2 storeys 8 metres	2 storeys Type A = 7.6 metres Type B = 7.4 metres	
Car parking	8 covered 2 uncovered	8 2	
Table 3: Assessment of key attributes of the proposal against the Specific Outcomes for the Semi-Attached Housing Zone

The most relevant specific outcomes are addressed below:
Specific Outcome: 05 Laneways
O5	Access for new uses is only taken off a laneway where upgrading works are carried out to the laneway to enable the laneway to accommodate the anticipated levels of traffic.
The proposal seeks access from both Opal Street and Diamond Lane. Diamond Lane is a narrow lane that currently provides rear access to a number of residential and commercial premises which front Opal Street and Diamond Street and is the sole access point for the residential development on the adjoining land at 11 Opal Street.
To ensure a satisfactory response to this specific outcome the construction of a passing opportunity for vehicles traversing Diamond Lane is required.
Specific Outcome: 016 Roof Forms
O16	The proposed buildings are re-located dwellings which do not provide 600mm eaves to 75% of the building. The proposed type of dwelling is consistent with the surrounding character, with similar style dwellings within the vicinity of the site which generally do not possess substantial eaves.
Specific Outcome: O42 Buildings and structures–
O42	The use of 4 separate buildings to accommodate 6 separate dwellings positively responds to the streetscape character as the visual bulk and architectural form of the buildings is consistent with those situated on adjoining and nearby land. The presentation to Opal Street and Diamond Lane includes windows to both ground floor and the upper level, decks, staircases and carports which will present to each street front as opposed to the large walls approved by the preliminary approval.
Whilst dwelling type B has a wall of 15.7 metres in length this relates only to the ground floor level and includes several windows which will provide for visual interest and internal amenity, additionally visual interest will be generated by the use of weatherboard type materials.
Side boundary setback
The dwellings are setback as follows:
	Planning Scheme	Proposed
Eastern boundary	Type A: 3.8 metres Type B: 3.7 metres	Type A: 2.5 metres Type B: 2.0 metres
Western boundary	Type A: 3.8 metres Type B: 3.7 metres	Type A: 2.5 metres Type B: 2.0 metres
Variation to the side setbacks is considered reasonable as the eastern side setback will be consistent with the 2.0 metre setback to the double storey dwelling situated to the rear of 15 Opal Street which has a wall height similar to that of dwelling type B. Lesser variation is required to the western side boundary which is also considered reasonable in light of the non-residential nature of the adjoining land use. Both of the proposed setbacks provide sufficient area for access and a landscape buffer to be developed adjacent to the boundary of at least one metre in depth.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Residential Uses Code
Engineering Works Code
Landscaping Code
Removal of Existing Carpark
The application proposes a dual access arrangement whereby access will be provided from both Diamond Lane and Opal Street. As a result of an existing carpark constructed as part of the Bowls Club development in 1996, the proposed driveway and crossover to Opal Street will result in the removal of 1 car park.
Consideration was given to include a condition of approval for 1 additional parking space to be developed further to the east to off-set the reduction. However a preliminary investigation revealed an additional carpark in this location will require significant works to relocate existing stormwater infrastructure which currently services the existing development at 15 Opal Street. It was further considered that the additional carpark would impact the amenity of the adjoining residential development which it would abut.
Noting the decreasing rates of patronage of the Bowls Club and carpark vacancy, it is considered that the removal of 1 car space will not unduly impact the functioning of the Bowls Club. Notwithstanding the deletion of 1 space, it is considered that the balance car spaces is sufficient to accommodate the likely number of users and intensity scale of the Bowls Club use.
Overlay Provisions
There are no Overlay Codes applicable to this application.
cONSULTATION
IDAS Referral Agencies
The application was not required to be referred to any IDAS Referral Agencies.
Other Referrals
The application was forwarded to Unitywater and the following internal Council specialists:
Strategic Land Use Planning
Engineering
Infrastructure Charges
The most pertinent comments are provided below:
Strategic Land Use Planning
Should the land not be needed for sport and recreation purposes the preferred use of the site would be residential purposes and specifically multiple housing.
The site is well positioned within a short flat walk of a multitude of services including transport.
Given that Cooroy is already dominated by low density detached dwellings of 3 or more bedrooms a higher number of smaller dwellings would improve housing choice and be of far greater community benefit.
The need for small dwelling units is illustrated by the 23 one and two person households on the waiting list for social housing in Cooroy.
The application was originally for 4 x 3 bedroom dwellings units and was amended in response to the above comments from Council’s Strategic Land Use Planning Unit to provide an array of dwelling types including 2 x 2 bedroom and 2 x 1 bedroom dwellings.
Operational Works
The access driveway to the site from Diamond Lane must include the construction of a passing opportunity for vehicles traversing Diamond Lane. The overall width of the lane formation and the passing opportunity must be sufficient to allow vehicles to pass.
A condition to the permit has been included to address the need to provide for passing opportunities within Diamond Lane.
Infrastructure Charges
The development approval triggers an Infrastructure Charge Notice for $58,813.00 at CPI December 2016.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. No properly made submissions were received.
conclusion
The application to develop 6 dwelling units on a vacant portion of the existing Cooroy Bowls Club land, conflicts with the purpose of the Open Space Recreation zoning. Although the conflict exists, there are sufficient grounds for 6 dwelling units to be developed on the site.
The Sport and Active Recreation Strategy 2011 and the Open Space Strategy 2011 suggest that the location of the currently vacant 1,536 m2 portion land is not needed for the open space recreation purpose.
The proposed dwelling mix provides for an array of dwelling types that has been identified by Council’s Strategic Land Use Planning Unit as providing a higher number of smaller dwellings that will improve housing choice and be of community benefit.
The proposed use as multiple housing will provide for permanent accommodation in a dwelling type, which is consistent with the Overall Outcomes for the Locality and is consistent with the Preliminary Approval which is valid until 31 October 2019.
The application is, therefore, recommended for approval, with conditions.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance	x	Planning & Environment		
	Human Resources	x	Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 MARCH 2017

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 MARCH 2017

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