Delegated Report - Code - Planning RAL22 0017

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	RAL22/0017
Applicant	Eagle Surveys Pty Ltd
Proposal	Reconfiguring a Lot - Residential
Properly Made Date	4 August 2022
Information Request Date	22 August 2022
Information Response Date	23 September 2022
Decision Due Date	11 November 2022
Report Completed Date	28 October 2022
Report Reviewed By	Nick Cooper

PROPERTY DETAILS
Property Address	4 Hill St Pomona Qld 4568
RP Description	Lot 6 RP 35080
Land Area	2023 m²
Existing Use of Land	Dwelling pool and ancillary structures

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Hinterland Villages - Pomona
Overlays	Biodiversity, Waterways & Wetlands
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot – 1 into 2 residential lots and access easement.
Proposed Lot 3 fronts Hill St, while proposed Lot 4 is situated behind Lot 3.  Two existing crossovers from Hill Street exist and this remains unchanged providing access to both lots.
The following lot sizes are proposed:
Lot 4 – 1000m2 - minus access handle of 175m2 results in a rear lot at 825m2
Lot 3 – 1024m2
All proposed lots are proposed to be connected to Unity Water’s water and sewerage reticulation network.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Proposed lot reconfiguration

site details
Site Description
The site fronts Hill Street and is rectangular in shape. Stands of mature vegetation (mostly exotics) exist across the site.
Surrounding Land Uses
Dwellings are located to the north, south, east and west of this site.  The site is in close proximity to the Pomona.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Hinterland Villages Local Plan Code;
Reconfiguring a Lot Code;
Works Codes;
Biodiversity, Waterways & Wetlands Overlay Code.
The subject site is located in Pomona and is zoned Low Density Residential.  The proposal is required to follow a code 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:
Reconfiguring a Lot
The proposed lots size for Lot 3 and dimensions comply with Table 9.5.1.4 – Minimum lot size in the Reconfiguring a Lot Code which is 1000m2 where connected to sewer. However, proposed Lot 4 does not as the access handle is not included in the minimum lot size as required by AO21.1 of the code.  The access handle is 175m2, resulting in a lot size of 825m2.
Therefore, assessment against PO21 is required which seeks:

Proposed Lot 4 is considered to comply with PO21 as:-
The proposed lot is located in a low density residential zone;
It is not possible for Lot 4 to have full frontage to Hill St;
The development is consistent with surrounding development and maintains a high standard of amenity for residents adjoining the development;
The lot is large enough to accommodate the residential use and on site car parking and manoeuvring;
Access arrangements are suitable with the Department of Main Roads supporting the access to an additional lot;
The access strip does not impact on the adjoining property as the dwelling is significantly setback from the access strip.
Although the development complies with AO5 of the Code, it does not comply with PO5 (e) of the Code which also seeks that the minimum lot size is as with Table 9.5.1.4 – Minimum lot size. As discussed above proposed Lot 4 does not.  However, it is considered that the proposal complies with the Purpose and Overall outcomes of the Code as:
The proposed lots are of a size and dimension that is appropriate for the intended use;
The proposed lot size is consistent and responsive to the local character as per Figure 3 below;
Figure 3 – Surrounding lot sizes
The proposal provides for practical access arrangements and is responsive to site constraints;
Provides for a diverse (yet consistent) mix of residential lot sizes;
The proposal is in close walking distance to the Pomona township and public transport.

Biodiversity, Waterways & Wetlands
It is noted that valued vegetation is located on the neighbouring lot to the rear of the subject site.  There is a small area at the rear of proposed Lot 4 that is mapped as an Area of Biodiversity Significance. Exotic species including palm trees and orchard species are located on proposed Lot 4.  Refer Figure 4. It is expected the mango tree will need to be removed to facilitate access to the lot.  There is no concern with the removal of this tree and it is noted it is not located in the overlay area.

Figure 4 - Proposed Lot 3 looking towards the rear of proposed Lot 4.

cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for development within 25m of a state-controlled road
The Department has responded advising that the proposed access points are suitable and have included relevant conditions.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator, Engineering. Comments as follows:
Stormwater
The site naturally slopes down to the north-western corner and there is no downstream Council stormwater drainage system. In addressing the issue the applicant has submitted a “servicing statement” that indicates that:
Proposed Lot 3 (the front lot) will continue to discharge to Hill Street kerb and channel,
Proposed Lot 4 (the rear lot) will discharge to an onsite infiltration/soakage pit. The size and location of the pit are described in the servicing statement to ensure that the development of the site does not adversely impact on the adjoining downstream properties
Suitable conditions are included in the recommendation
Access
Hill Street in this location is a DTMR controlled road. The SARA referral agency conditions are in support of the proposed access arrangements subject to the works being carried out in accordance with a DTMR (Road Access Works Approval).
Proposed Lot 3 (the front lot)
It is noted that the existing driveway is not in accordance with current standards. A suitable condition for the upgrade of the access has been included.
Proposed Lot 4 (the rear lot)
The section within the road reserve will need to be constructed in accordance with current standards.
The section within the full extent of the access handle must be constructed with a 3m wide concrete pavement as described in The Noosa Plan 2020 – Planning Scheme Policy 6 Engineering Design Standards. A suitable condition for the construction of the driveways has been included.
It is considered that requiring vehicles to reverse along the access handle and on to Hill Street is not desirable. It is recommended that the design of the new dwelling on Lot 4 include sufficient area to allow vehicles to manoeuvre on site and exit in a forward gear. A suitable condition for the upgrade of the access has been included.
External Works (footpath, kerb and channel)
The existing kerb and channel extends across the full frontage of the site. No road widening works are required.
There is currently no footpath on the northern side of Hill Street to the east of Ambulance Street and the properties between the subject site and Ambulance Street (Nos 6 and 8 Hill Street) have no further development potential. As the development of the site will not create a significant increase in pedestrian movements it is not considered reasonable to condition the construction of a footpath across the subject site’s frontage.

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 RAL22/0017 for a Reconfiguring a Lot - Residential situated at 4 Hill St Pomona and described as Lot 6 RP 35080, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL22/0017
Street address:	4 Hill St Pomona Qld 4568
Real property description:	Lot 6 RP 35080
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot - Residential
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
3976 ROL-A	-	Subdivision Proposal Plan, prepared by Eagle Surveys	24/05/2022
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 1 November 2026, unless an application to extend the currency period is approved by Council.
Property Access and Driveways
A residential driveway must be constructed to each lot. The works must:
Lot 3
a crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050 together with any associated addendum. The crossover constructed in accordance with a DTMR (Road Access Works Approval).
Lot 4
For that part in the road reserve, a crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050 together with any associated addendum. The crossover constructed in accordance with a DTMR (Road Access Works Approval).
For that part within the site, a 3m wide concrete pavement in accordance with The Noosa Plan 2020 – Planning Scheme Policy 6 Engineering Design Standards and extending for the full length of the access handle. The works must be undertaken in accordance with an Operational Works approval.
All vehicles must enter and exit the lot in a forward gear. The design of the residence must provide sufficient area for on-site manoeuvring of vehicles and provide at least one visitor space clear of the access driveway to the lot.
A property note will be added to Council’s rates records for Lot 4.
Stormwater Drainage
The lots must be provided with a stormwater drainage system connecting to a lawful point of discharge and/or be disposed of on-site without causing scour or damage to the subject site or any adjoining property. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with The Servicing Statement prepared by Ferg & Roeds dated 28 July 2022.
A property note will be added to Council’s rates records for Lot 4.
Condition 7 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with 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 (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
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.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice;
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement;
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement;
all retaining walls and structures are fully contained within the lot they retain;
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties.
Street Trees
A minimum of 2 street trees are provided per lot or every 8 metres of frontage per lot, whichever is the greater.
The existing vegetation in the road reserve must be retained.
Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with 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 (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.
Earthworks and Retaining Walls
All earthworks 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.
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
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 9, Division 4, Subdivision 2, Table 1 (Planning Regulation 2017) - Development application for a reconfiguring a lot within 25m of a state-controlled road	The agency provided its response on 23 September 2022 (Reference No. 2208-30528 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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 vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
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
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes

property notes
RAL22/0017 - Property Access Driveway and Carparking
The following notation applies to approved lot 4:
Private Certifiers, owners and prospective purchasers are notified that special access and carparking requirements apply to this parcel of land. Contact Council's Planning Department for Details. (refer to Council Approval RAL22/0017).
RAL22/0017 – Stormwater
The following notation or similar applies to approved lot 4:
There is a drainage structure located within the property. All roof water from structures built on the property is to be piped to connect to the drainage structure. Maintenance of the drainage structure is the responsibility of the property owner.
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	Access, Stormwater, Drainage work, Earthworks, Landscaping, Vegetation Clearing and Planting on road reserve.
Development Permit for Building Works	All building work.
submissions
Not applicable.
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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it would not be desirable nor practicable for the site to be reconfigured so that all lots have full
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located in the Low density residential zone, Rural residential zone or Rural zone;
development positively contributes to the character of the neighbourhood;
development provides a high standard of amenity for residents and other users of the
adjoining properties;

the lot is large enough to accommodate anticipated land uses including car parking and
‘manoeuvring;

development is not detrimental to the use and amenity of adjoining lots through loss of privacy,
‘sunlight or breezes once buildings are constructed;

vehicular access to rear lots will not have a detrimental impact on lots adjoining the access strip due
to excessive noise, light, dust, stormwater runoff and the like;

5s arrangements do not adversely affect the safety and efficiency of the road from which
is gained;

their creation does not prejudice the anticipated development of adjoining land.

  

 

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