Delegated Report - Code - Planning RAL21 0009

Author	Consultant Planner
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0009
Applicant	Kathryn Ann Maree Gould Robert David Gould Marina Gould
Proposal	Reconfiguring a Lot - Boundary Realignment
Properly Made Date	1 April 2021
Information Request Date	21 April 2021
Information Response Date	22 September 2021
Decision Due Date	9 December 2021
Report Completed Date	24 November 2021
Report Reviewed By	Lisa Pienaar - 24 November 2021

PROPERTY DETAILS
Property Address	4-6 Hay St Tewantin Qld 4565
RP Description	Lot 2 RP 72903, Lot 4 RP 72903, Lot 4 RP 77225
Land Area	756m² 1098m² 756 m²
Existing Use of Land	Dwelling/s

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Tewantin Local Area Plan
Overlays	Land Subject to Acid Sulfate Soils – 5m AHD and Below. Flood Hazard Overlay – Flooding and Inundation extent Landslide Hazard Overlay – Moderate Hazard Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot - Boundary Realignment (3 into 3) and Access Easement.  The application proposes the following lot arrangements:
Proposed Lot 401 1066m2, including 4.5m Shared Access Easement
Proposed Lot 402 856m2 4.5m Shared Access Easement
Proposed Lot 201 694m2
A shared easement arrangement secures access for proposed Lot 401 and Lot 402, as the Hay Street bitumen seal terminates at the site’s north eastern corner and does not extend along the full frontage of the site. Proposed Lot 201 maintains its current access to Ward Street.

The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Plan of Development

site details
Site Description
The subject site comprises relatively flat level land, featuring a slight fall to the east. The site is regular in shape, featuring a total combined area of 2610m2.  As Lot 4 on RP72903 and Lot 4 on RP77225 currently function as one lot, these two titles share the same driveway, whilst Lot 2 on RP72903 features a driveway crossover direct to Ward Street.
Lot 4 on RP72903 and Lot 4 on RP77225 features a three (3) Bedroom Dwelling House and Domestic Outbuilding (Shed), whilst Lot 2 on RP72903 features a four (4) Bedroom Double Storey Dwelling House and Swimming Pool.
Surrounding Land Uses
Surrounding land uses include residential dwelling houses.   The Noosa River located to the east of the subject sites.
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;
Low Density Housing Code;
Tewantin Local Plan Code;
Reconfiguration of a Lot Code;
Flood Hazard Overlay Code
The subject site is located in Tewantin 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:
Criteria	Planning Scheme	Proposal	Complies
Site Area	Minimum 600m2	Lot 401 – 1066m2 (minus access handle – 689m2) Lot 402- 856m2 (minus access handle – 732m2) Lot 201 – 694m2 No additional lots proposed	Yes
Rearrangement of Lot Boundaries
Acceptable Outcome AO26 of the Lot Reconfiguration code seeks the rearrangement of lot boundaries results in an improvement to the existing situation whereby the size and dimensions of proposed lots comply more fully with Table 9.5.1.4 Minimum lot size and dimensions and at least one of the following is achieved:
the rearrangement of lots remedies an existing boundary encroachment by a building or structure;
the rearranged lots will be made more regular in shape;
access is provided to a lot that previously had no access or an unsuitable access;
the rearranged lots better meet the overall outcomes for the zone and the local plan area in which the site is situated;
the rearrangement of lots provides for a significant improvement in rural productivity; or
the rearrangement of lots results in a significant improvement in the protection of environmental values.
The proposed rearrangement of lot boundaries results is an improvement to an existing situation whereby the size and dimensions of the proposed lots complies with Table 9.5.1.4 Minimum Lot Size and Dimensions.  An existing house and shed are proposed to be removed from site and an appropriate condition is recommended to ensure that structures are removed prior to plan sealing or maintain compliant setbacks where a part of structure may be retained.
Lawful access is provided to Lot 402 via an access easement through Lot 401.  Therefore, the development is considered to comply with Acceptable outcome AO26 and corresponding Performance outcome PO26.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Mark Lewis – provided the following comments
The applicant has addressed most of the engineering issues in their response to Council’s information request.
The Ward Street frontage has kerb and channel and it is considered that a footpath is not required (no change in demand and no other footpaths nearby).
The Hay Street frontage is unformed and it is not considered reasonable to condition works when no other frontage works are constructed in the adjoining frontages.
It is noted that the following items require site specific conditions:
Earthworks.
The proposal includes the filling of part of proposed Lots 401 and 402. The submitted design plan includes filing across the proposed internal boundary with retaining walls on the northern, eastern and southern extents of the filling. Council has concerns that future owners may wish to alter the fill level within their lot which may have a detrimental impact on the adjoining lot. It is recommend that an additional retaining wall is constructed along the proposed internal boundary and that an easement for support is created to protect the wall into the future.

Stormwater.
The submitted design includes surface outlets for the stormwater into swales that extend into the Hay Street road reserve and ultimately discharge into The Noosa River. The general principle of the drainage system is acceptable but the plans indicate that part of the private system (outlet headwall and frog flaps) are to be located in the road reserve. This is not acceptable and conditions for the private structures to be wholly located within the private property have been included.

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 RAL21/0009 for a Reconfiguring a Lot - Boundary Realignment situated at 4-6 Hay St Tewantin and described as Lot 2 RP 72903, Lot 4 RP 72903, Lot 4 RP 77225, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0009
Street address:	4-6 Hay St Tewantin Qld 4565
Real property description:	Lot 2 RP 72903, Lot 4 RP 72903, Lot 4 RP 77225
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 - Boundary Realignment
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
210224	B	Plan of Development, prepared by Dayna Cook Town Planning	31/03/2021
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Currency Period
This development approval lapses if the use has not happened by 24 November 2025, unless an application to extend the currency period is approved by Council.
Property Access and Driveways
A sealed access driveway must be constructed extending from the existing formation in Hay Street to Lots 401 and 402. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 2021-1087-06 Revision 2 prepared by Blackall Range Consulting Engineers dated September 2021.
Vehicle access to Lots 401 and 402 is limited to the constructed driveway only.  A clause must be included in the contract of sale for Lots 401 and 402 which requires vehicle access to be from the constructed driveway only, and which prohibits the driveway from being relocated without Council agreement. The following property notation or similar will be added to Council’s rates records to advise owners, prospective buyers and private certifiers of the access requirements:
“To ensure that the protection of the road reserve is maintained, vehicle access to this lot must be from the constructed driveway only unless otherwise approved by Council (refer to Council Approval RAL21/0009).”
Dwelling removal
The dwelling and shed must be removed prior to the sealing of the survey plan or alternatively and in the event part of the buildings remain, the building must comply with setbacks in Noosa Plan.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 2021-1087-13 Revision 2 prepared by Blackall Range Consulting Engineers dated September 2021. The works must include in particular:
all private structures (headwalls, scour protection, frog flaps etc) wholly contained within the private property;
discharge to the Hay Street road reserve in a manner that does not cause scour or damage to the road reserve;
the provision of inter-allotment drainage within proposed Lot 401 to convey runoff from proposed Lot 201;
the use of gravity stormwater drainage and not surcharge pits.
Condition 4 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 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 (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
An easement for access and services purposes must be registered against the title of proposed Lot 401 in favour of proposed Lot 402. The easement must be a minimum of 4.5m wide and widened where necessary to wholly encompass the access driveway, passing bay and all services.
A private easement for drainage purposes must be registered in favour of proposed Lot 201 against the title of proposed Lot 401. The easement must be a minimum 1.5 metre wide and widened where necessary to wholly encompass the drainage infrastructure
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 and associated retaining walls/batters must be undertaken in accordance with an Operational Works approval, be generally in accordance with drawing number 2021-1087-03 Revision 2 prepared by Blackall Range Consulting Engineers dated September 2021 and be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
The works must include an additional retaining wall along the common boundary between Lots 401 and 402.
An easement for support for the retaining wall must be registered against the titles of proposed Lots 401 and 402. The easement must ensure the ongoing protection of the retaining wall.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height.  All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.

Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased.
proposed fencing to the site during the construction phase of the development.
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads.
provision for worker car parking.
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 and emergency services to advise of construction times, impacts on traffic, services and other relevant issues
Include a post out to the local residents advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system and/or the access to the property that occurs as a result of haulage operations must be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
RAL21/0009 - Property Access Driveway
The following notation applies to approved Lots 401 and 402:
To ensure that the protection of the road reserve is maintained, vehicle access to this lot must be from the constructed driveway only unless otherwise approved by Council (refer to Council Approval RAL21/0009).
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	Stormwater, Drainage work, Earthworks, Access
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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