Council Planning Report REC17/0011

REC17/0011 - DEVELOPMENT PERMIT FOR RECONFIGURing A LOT – 2 LOTS INTO 21 LOTS AT 29 and 35A TAIT street AND 14 and 20 EAGLE DRIVE, TEWANTIN

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ REC17/0011

Attachments	1.	Proposed layout

APPLICATION DETAILS
Applicant	Eagle Rise Developments Pty Ltd
Proposal	Development Permit to Reconfigure a Lot - 2 Lots into 21 Lots
Properly Made Date	05 April 2017
Information Request Date	21 April 2017
Information Response Date	10 July 2017
Decision Due Date	16 November 2017

PROPERTY DETAILS
Property Address	29 & 35A Tait Street, and14 & 18 Eagle Drive, Tewantin
RP Description	Lot 3 RP 149498 Lot 10 SP 241386 Lot 31 RP 149497 Lot 6 RP 149498
Land Area	634 m² 15040 m² 845 m² 1417 m²
Existing Use of Land	Detached House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin
Zone	Detached Housing
Overlays	Natural Hazards Overlay (Acid Sulphate Soils)
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 7 November 2017 regarding Application No. REC17/0011 for a Development Permit to Reconfigure a Lot - 2 Lots into 21 Lots situated at 29 & 35A Tait Street, and 14 & 18 Eagle Drive, Tewantin and approve the application in accordance with the following 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
1702	A	Eagle Drive – Tewantin Detailed Lot Layout prepared by Haynes Consulting Engineers	18.10.2017
The north-eastern corner of proposed Lot 15 and the south-eastern corner of proposed Lot 12 must be truncated to provide a minimum 3.5m wide verge from the new kerb line. The truncations must be created with 3 chords.
New Road
The new road (extension of Eagle Drive) shown on the Approved Plans must be constructed in accordance with the conditions of this Decision Notice and dedicated as road reserve at no cost to Council.
The works must be undertaken in accordance with an Operational Works approval and must include in particular:
an “access” road in accordance with Council’s Planning Scheme Policy 5 – Engineer Design Standards – Roads, Drainage and Earthworks (reserve width of 15 metres minimum and a carriageway width of 6 metres kerb to kerb)
sealing, drainage, kerbing and channelling
construction of pedestrian footpaths as shown on the approved plans
installation of street lighting
The new road must terminate in a cul-de-sac with a circular turning area of sufficient size to accommodate the single forward motion turn of a Waste Collection Vehicle (WCV) clear of private driveways on-street parking and speed control devices or if the adjoining property to the east (No 28 Elkhorn Drive - Lot 70 M37807) has been developed the “access” road formation must extend to and match smoothly with the existing formation within Lot 70 M37807, whichever is applicable at the time of construction.
External Works
Access to proposed Lots 7 and 8 must be from the Road 86419 frontage only (northern boundary) and the approved plans amended accordingly. The works must be undertaken in accordance with an Operational Works approval and must be constructed prior to the sealing of the survey plan.  The works must include in particular:
a half road construction consisting of 3m wide seal, kerbing and channelling and  extend from the Tait Street formation to the eastern boundary of proposed Lot 8
the intersection with Tait Street
the northern half of the new road constructed with a gravel formation
the realignment of the existing vehicle track to join to the end of the southern half of the new road;
the removal of the redundant sections of the existing vehicle track and the areas turfed or grass seeded;
the construction of the vehicle access to proposed Lots 7 and 8.
Stormwater Quantity
The new stormwater works must be constructed in accordance with the approved plans and the works must be undertaken in accordance with an Operational Works approval.
The stormwater elements of the development, including the basin at 14 Eagle Drive, are to be built in accordance with the BSM stormwater report Detailed Design of Stormwater Detention Volume dated 18.09.2017, letter from BSM dated 13.10.2017, letter from Haynes Consulting Engineers dated 11.10.2017 and accompanying plans. Where design elements will be finalised at a later stage, these will be in accordance with the relevant codes, standards, guidelines and Council’s requirements.
All basin retaining structures are to be structurally certified to Council’s design life as part of operational works design and certification is to be provided to Council prior to plan sealing.
Appropriate protection will be provided against scour at basin inflow and outflow points.
Stormwater Quality
Prior to Council accepting water quality treatment device assets “Off Maintenance”, the applicant must provide Council with a Schedule of Maintenance Costs for all activities undertaken to maintain the bio retention basins in accordance with the most current version of Healthy Waterways Bio-retention Basin Maintaining Vegetated Stormwater Assets Guidelines. The schedule shall include records of actual costs of maintenance work undertaken.
Existing native trees on the site and in the road verge must be retained in accordance with an Arborist Report for the development and referenced in a Development Permit for Operational Works. The existing native trees to be retained must be located clear of proposed services, not present a nuisance to neighbouring properties and generally suitable for the proposed location.
Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan (or part thereof) and endorsed through an Operational Works approval.
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
Provision of 1 native street tree within the road reserve for every 8 metres of new road.
100mm deep mulching and landscaping to any batter within road reserves that exceed 1 in 4 slope (25%).
Turf and garden beds to road reserve, including retained trees.
Retaining walls within the bio-basin must be constructed or permanently faced with materials which provide for a natural appearance such as sandstone, bluestone, granite or the like.
Removal of all weeds species listed in the following standards and legislation.
3.4.1.declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003.
3.4.2.The Noosa Local Government Area Pest Management Plan 2015-2019
All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques that allow for healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form.
All entry statements, fences, batters, retaining walls and buffer/screen plantings must be located entirely within private land and not within the public road reserve.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Estate Entrance Feature
Any proposed estate entrance feature must:
reflect a subdued local character, rather than an overbearing or contrived statement
comprise feature vegetation (either existing or planted) in preference to built forms
integrate with the landscape design of the balance of the estate
be constructed of durable and low maintenance materials
be treated with a graffiti resistant coating
not restrict pedestrian access
Any estate entrance works must be undertaken in accordance with an Operational Works approval.
Property Access and Driveways
A residential driveway must be constructed to each lot. The works must be undertaken in accordance with an Operational Works approval.
The access driveways to service Lots 8, 20 and 21 must extend for the full length of the access handle. The works must be undertaken in accordance with an Operational Works approval.
Vehicle access to Lot 7 is limited to the Road 86419 frontage only (northern boundary).  A clause must be included in the contract of sale for Lot 7 which prohibits vehicle access being taken from Eagle Drive.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 2 metre wide footpath within the road verge for the entire length shown on the approved plans.
A 1.5 metre wide footpath must be provided on the northern side of the bio-basin extending from Eagle Drive to Clarey Park and a pool fence must be provided between the footpath and the bio-basin
Electricity and Telecommunication Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
A minimum 1.5 metre wide easement for drainage purposes must be registered against the title/s of the burdened properties in favour of the benefitted properties over the proposed easements identified on the Approved Plans. The easements must of sufficient width to wholly encompass the drainage structures and the associated overland flowpaths.
An easement for access and service purposes must be registered against the titles of proposed Lot 21 in favour of proposed Lot 20
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 and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All fill and associated batters 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.

REPORT
PROPOSAL
This application seeks to reconfigure 2 existing residential lots into 21 residential house lots. The other two lots which form part of the application are to be used for the purpose of stormwater management.
The two lots to be reconfigured are 35A Tait Street and 20 Eagle Drive, Tewantin.
A stormwater easement is proposed for 29 Tait Street and 14 Eagle Drive is proposed to be utilised for the purpose of a detention basin (drainage reserve).
The first stage of the reconfiguration will result in the creation of 10 lots with an additional 11 lots to be created in the second stage. All new lots are at least 600m2 and two of the three proposed battle-axe lots are in excess of 800m2.
The application is before Council due to the significant number of lots to be created, the proposed stormwater treatment arrangement which involves the use of an existing residential lot for the purpose of a retention basin and the proposed road connection with the adjoining lot to the east.
The following image details the proposed lot layout; this is also provided at Attachment 1. Stage 1 is identified in yellow and stage 2 in pink.

Figure 1 – Layout plan

The following image details the properties involved in the application.

Figure 2: Subject sites
The following image identifies the properties to be reconfigured in blue and the sites associated with stormwater in yellow.

Figure 3: Lot purposes
site details
Site Description
The four subject sites incorporate a total area of 17,928m2, of which 16,450m2 is for subdivision purposes, and is situated in the Detached Housing Zone of the Tewantin and Doonan Locality.
All of the proposed sites are currently used for Detached Housing.
Lots to be reconfigured:
20 Eagle Drive comprises a single detached dwelling house located centrally on the eastern boundary of the site. The lot is covered with existing vegetation which is not identified as Environmental Enhancement or Protection Overlays under the Noosa Plan or remnant vegetation according to the State Regulated Vegetation Management Map. All of the existing structures and necessary vegetation on site will be removed in order to provide for the proposed development.
35A Tait Street currently comprises a single detached dwelling house located on its frontage to Tait Street. An associated shed structure is located in the southeast corner of the allotment. All of the existing structures and necessary vegetation on site are proposed to be demolished in order to provide for the proposed development.
Lots for stormwater:
14 Eagle Drive currently contains a single detached dwelling house and associated shed structure. As this land is being dedicated as Drainage Reserve, the current structures will be removed as part of the proposal.
29 Tait Street currently contains a single detached dwelling house and associated shed structure. As this lot is not part of the land being subdivided, the structures will remain in their current state as part of the proposal.
The subject site is located approximately 1km from the Tewantin Township to the south.
Surrounding Land Uses
Land located directly north and south of the subject site is likewise included within the Detached Housing Zone of the Tewantin & Doonan Locality Area, whilst the west of the subject site is zoned Semi-Attached Housing, Open Space Recreation (Clarey Park and Noosa Caravan Park) and Community Services (Noosa Nursing Centre, further southwest) zoned lots. Land immediately adjacent to the Noosa River is included within the Open Space Conservation Zone.
Properties which adjoin the site are zoned detached housing and are mostly developed for detached houses. Land immediately to the east of the subject site has an area of 12,938m2 and is subject to a current development application for 11 lots.

Figure 4: Adjoining property

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
State Planning Policies
The State Planning Policy has been deemed by the Minister for Local Government and Planning as appropriately reflected in the Planning Scheme and therefore does not warrant a separate assessment.
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 proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following provisions to the extent they are relevant to the development:
Tewantin and Doonan Locality Code
Reconfiguring a Lot Code
Landscaping Code
Engineering Works Code
Locality Provisions
The subject site is located in the Tewantin and Doonan Locality and is zoned Detached Housing. The proposed reconfiguration is required to follow a code assessable application process.
The following provisions of the Noosa Plan are considered to be relevant to the assessment of the application:
Desired Environmental Outcomes
j) 	Residential Uses
Urban and rural settlement for residential use is contained within the defined urban growth boundaries shown on zoning maps ZM1- ZM9 by –
i 	development being within the planned capacity for roads, community services and infrastructure for the particular locality;
vi 	being conveniently located with access to urban services employment and infrastructure;
vii 	being suitably separated from incompatible land uses;
Tewantin and Doonan Locality Code
12.7.2 	The overall outcomes sought for the Tewantin & Doonan Locality are the following
a) 	New uses and works are located, designed and managed to—
i 	be compatible with other uses and works;
iii 	avoid significant adverse impacts on the amenity enjoyed by users of other premises including acoustic and visual qualities; and
iv 	avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation and attrition;
c) 	Urban development is limited to land within the Urban Growth Boundary as shown on Map ZM9;
m) 	The Tewantin & Doonan Locality retains its primary role of providing housing for permanent residents;
o) 	Tewantin maintains the atmosphere of a small country town with residents enjoying high levels of convenience and accessibility to urban services;
The proposal is consistent with the relevant Desired Environmental Outcomes and the Tewantin and Doonan Locality Code as the proposal provides for new lots within the urban growth boundary on suitably zoned land within an existing residential area.
The proposed lots accord with the minimum lot area requirements, some of the lots require variation to the minimum width of 17 metres however these variations are minor being 0.5 and 0.7 metres and are consistent with surrounding lots and the proposed lots will comfortably accommodate a detached house. The site is situated within approximately 1.2km of the Tewantin business centre. Therefore, new residential development on the lots will be conveniently located with access to local employment, urban services and infrastructure.
The supporting documents submitted with the application note that existing vegetation will be retained where appropriate. However, it is most likely that works associated with reconfiguration and future development of the site will result in the removal of a significant amount of the existing vegetation from the site.
A visual assessment of the vegetation has determined the majority of the vegetation is exotic pine trees (Pinus spp.), with the remaining approximately 30% being native species, consisting of a range of age classes with few mature species. The native species include Glochidion ferdinandi (Cheese tree), Melaleuca quinquenervia (Paperbark), Eucalyptus tereticornis (Blue gum), Eucalyptus tessellaris (Moreton Bay ash) and Syncarpia glomulifera (Turpentine). Generally, the understorey consists of mown lawn areas, and copses of weeds, including Singapore Daisy and Easter Cassia.
The Biodiversity Overlay does not apply to the site. It is also noted that the land has been zoned to facilitate urban development and that building footprints will necessitate vegetation removal.
Conditions can be applied to retain clusters of semi-mature native vegetation in the suitable areas on the lots and suitable trees in the road reserves. Clearing of vegetation and potential for harm to fauna can be managed through conditions applied to the operational works permits.
Overlay Provisions
Natural Hazard Overlay - Acid Sulfate Soils
The Natural Hazard Overlay maps the site as being included in the Acid Sulphate Soils Area. No earthworks are proposed as part of the reconfiguration application. Accordingly the management of acid sulphate soils will be addressed during the Operational Works application stage.
Primary Planning Scheme Assessment Issues
The application has been found to generally comply with all applicable statutory instruments. The proposal raises a number of pertinent issues arising out of the assessment which are discussed below.
Variation to lot dimension requirements
The Reconfiguring a Lot code prescribes minimum lot average width of 17 metres for new lots and the application seeks a minor variation required for 4 of the proposed 21 lots. These lots are identified as lots 1, 15, 16 and 17. The variations are minor in nature with the minimum average widths for these lots being:
Lot 1: 16.3 metres
Lot 15: 16.5 metres
Lot 16: 16.5 metres
Lot 17: Variation due to curved frontage
The variations will not have a detrimental effect on future development of the lots as they are minor variations and the lots comply with the minimum lot area requirement of 600m2 and are capable of accommodating a new dwelling with compliant setbacks.
However, proposed Lot 7 falls below the minimum lot size of 800m2 for a battle-axe lot being 739m2. The substantial shortfall maybe rectified by requiring this lot to gain access from the unnamed road and constructing part of this road.
Stormwater
The resultant stormwater management plan provides for:
A new storm water easement through 29 Tait Street which will contain a pipe connected to the Tait Street stormwater system;
A stormwater easement along the southern boundary to cater for flows from the adjoining eastern property; and
Removal of an existing house at 14 Eagle Drive and construction of a detention and stormwater basin.
The basin will become a Council asset and the lot will become a drainage reserve. The location of the basin is reasonable given it abuts existing parkland.
The detention basin includes retaining walls and whilst the applicant has attempted minimise the height of these walls, the detention volume has made these necessary.  The maximum height of the retaining walls is approximately 0.94 metres. To ensure public safety fencing is proposed around this basin. The fencing will comprise 1.8 metre paling fencing to the side boundaries and pool fencing to the front and rear boundaries. It is recommended that a condition provide for a footpath providing for access from Eagle Street to Clarey Park.
The visual impact of the retaining walls is limited due to their minor height and alignment parallel to the existing side boundaries. It is recommended that a condition address the appearance of the retaining wall by requiring the use of natural looking materials.
Connectivity to adjoining development
The proposed reconfiguration seeks to extend Eagle Drive to service all of the proposed new lots except for the residual lot at 35A Tait Street which will maintain access from Tait Street. The applicant proposed that the extension of Eagle Drive terminate in a cul-de-sac adjacent to proposed lots 13 and 14.
Eagle Drive should be extended to provide for a future connection through the adjoining property to the east through to Elkhorn Drive. The resultant connectivity will provide for a continuous route between Eagle Drive and Elkhorn Drive. This new route will provide an improved outcome for residents and for service and emergency vehicles.
The connectivity may be addressed by conditions which will require that an interim turning bowl be provided as a turning area for waste and emergency vehicles until such time that both developments are completed and the road is connected.
Frontage to unnamed road
Probable Solution 4.1 of the Reconfiguring a Lot Code requires that lots are arranged to front streets and public open spaces. The proposed lot access from Eagle Drive results in development which will ‘turn its back’ to the unmade road situated to the north of proposed lots 6, 7 and 8. The outcome of development on these lots may result in a continuous fencing arrangement to the northern extent of these lots of approximately 60 metres. A 60 metre long fence is an unsatisfactory outcome particularly when there is an opportunity for an active street frontage to this road.
To facilitate an active street frontage a condition to the approval will require that lots 7 and 8 front the currently unnamed road rather than have access via a battle-axe driveway.
The alteration to the access for these lots will result in a requirement for public works in the form of kerb and channel to the southern side of the unnamed road and a three metre wide road pavement. Furthermore the non-compliance of lot 7 with the area requirements for a battle-axe lot will be rectified as it will now achieve compliance with the 600m2 minimum area requirement for a residential lot.
cONSULTATION
IDAS Referral Agencies
No referral to IDAS Referral Agencies were required.
Other Referrals
Other Referrals
The application was forwarded to the following internal Council specialists:
Development Engineer -  Engineering
Environment Officer  - Landscaping
External consultant  - Stormwater
Their assessment forms part of this report.
conclusion
The proposal demonstrates significant compliance with the relevant measures in the Noosa Plan and is situated within an existing residential area within close proximity of the Tewantin commercial precinct and associated urban services. The application has provided for a lot arrangement which generally complies with area and dimension requirements and has satisfactorily demonstrated an appropriate technical response to stormwater management.
Recommended conditions provide for improved arrangements regarding connectivity between the subject site and the adjoining land to the east for which a current reconfiguration application is currently being assessed and provides for an active frontage to the unnamed road adjacent to the northern boundary.
Departments/Sections Consulted:
	Chief Executive Officer	x	Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	x	Environmental Services		Disaster Management
			Strategic Land Use Planning	x	Infrastructure Planning, Design and Delivery
					

[word/footer1.xml]
Page 1 of 13

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 NOVEMBER 2017

[Attachment: image1.png (image text)]
Tar
ANO NOT PART
6 600
tA
11
12
3
739
802
604
602
3
7
16
15
618
618
613
ONLY
| SYSTEM (NO OVERLAND FLOW
ow
ow
008,
EASEUE
18
2
oo
12
15
PARK
al

[Attachment: image4.png (image text)]
Land subjectto separate application
— proposed reconfiguration of 1 lot
into 11 lots