Delegated Report - Code - Planning RAL19 0008

RAL19/0008 – DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (1 LOT INTO 2 LOTS) AT 216 BLACK MOUNTAIN ROAD, BLACK MOUNTAIN

Document information

Author	Development Planner, Tara Norley
Environment and Sustainable Development Department

Index	ECM / Application / RAL19/0008

Attachments	1. 	Proposal Plan

APPLICATION DETAILS
Applicant	Murray & Michelle Richardson C/- Murray & Associates (Qld) Pty Ltd
Proposal	Reconfiguring A Lot (one lot into two lots)
Properly Made Date	3 April 2019
Information Request Date	9 April 2019
Information Response Date	5 September 2019
Decision Due Date	21 May 2020
Number of Submissions	Not applicable

PROPERTY DETAILS
Property Address	216 Black Mountain Road, Black Mountain Qld 4563
RP Description	Lot 9 on RP131369
Land Area	46,990.0m²
Existing Use of Land	Dwelling house and ancillary structures

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Locality	Cooroy & Lake Macdonald
Zone	Rural Settlement
Overlays	Biodiversity (Environmental Protection, Noosa Watercourse Data, Watercourses and Drainage) Natural Hazards (Landslide and Bushfire)
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting dated 18 May 2020 regarding Application No. RAL19/0008 for a Development Permit for Reconfiguring A Lot (1 Lot into 2 Lots), situated at 216 Black Mountain Road, Black Mountain and:
A.	Refuse the application for the following reasons:
The proposal does not comply with Overall Outcome 14.181.2a), c) and  g) and Specific Outcomes O1 & O5 of the Reconfiguring a Lot Code, as proposed lot 2 does not meet the minimum lot size required, is not suitable for its intended use, with the proposed house site and access located on steeply sloping land.
The proposal does not comply with Specific Outcomes O15 and O77 of the Cooroy & Lake Macdonald Locality Code, as the proposal is not responsive to the natural topography, and proposes significant earthworks to create a house site.
The proposal does not comply with Overall Outcome 13.30.2a) and b) and Specific Outcomes O1and O2 of the Natural Hazards Overlay Code, as proposed lot 2 is located in a landslide hazard area and significant earthworks are proposed to create the house site potentially placing people and property at risk from future landslides.  .
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks approval for Reconfiguring a Lot (1 lot into 2 lots). Lot 1 is proposed at 3.465ha and Lot 2 is 1.234ha. There is an existing detached house and ancillary structures located on proposed Lot 1, whilst Lot 2 proposes a 300m2 house site. Both lots are irregular in shape, with Lot 1 proposed to have no road frontage, and access via an access easement located on Lot 2.
The locality and proposal plans are detailed below:

Figure 1: Locality

Figure 2: Proposal Plan (including mapped Biodiversity)

Figure 3: Proposed 300m2 House Site
site details
Site Description
The site is irregular in shape with steep, undulating topography (refer to Figure 4). The site contains an existing detached house and ancillary structures located approximately 130 metres from the road frontage on the western boundary, with access to the existing dwelling located near the centre of the road frontage. The northern portion of the site contains dams and some mature vegetation. The southern two-thirds of the site contains sporadic mature vegetation and grassed areas. A 20m wide (approx.) Energex easement traverses the southern portion of the lot.

Figure 4: Site Topography
Surrounding Land Uses
The lot is surrounded by rural residential lots with housing stock typical of the rural residential setting on the northern side of Black Mountain Road, and rural allotments on the southern side of Black Mountain Road. Given the hilly terrain, limited agricultural pursuits occur. The subject site is located approximately 5km south of the Pomona town centre, and 4.5km west of the Cooroy town centre.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Rural Living area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan in regards to rural residential development.
Planning Regulation 2017
At the time of lodgement of the application, the proposal did not trigger any assessment under the Planning Regulation 2017.
Changes to planning framework – South East Queensland Koala Conservation Strategy 2019 - 2024
On 7 February 2020 the Queensland Government released new koala habitat mapping for South East Queensland to support the implementation of the South East Queensland Koala Conservation Strategy, and amended koala conservation protections within the planning framework. Under the changes, development on sites mapped as Koala Priority Areas and Koala Habitat Areas became assessable development by the State Government under the Planning Regulation 2017.
The subject site is now mapped as a Koala Priority Area and contains a portion of Core Koala Habitat Area (refer to Figure 5) and any development that resulted in the removal of the mapped core koala habitat would be prohibited.

Figure 5: Planning Regulation 2017 Koala Habitat Mapping (from 7 February 2020)
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Cooroy & Lake Macdonald Locality Code;
Reconfiguring a Lot Code;
Biodiversity Overlay Code;
Natural Hazards Overlay Code;
Landscaping Code; and
Engineering Works Codes.
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Rural Settlement. The purpose of the Rural Settlement zone is to provide for single detached housing on large lots, with housing designs that respond to the natural characteristics of the site, including slope and vegetation. The Rural Settlement zone is intended to offer a relaxed rural lifestyle for residents and contribute to the rural or semi-rural character and amenity of the locality.
The pertinent issues arising out of the assessment are discussed below.
Reconfiguring a Lot Code
The purpose of the Reconfiguring a Lot Code is to ensure:
lots have the appropriate area and dimensions to provide for the intended use of the site;
that safe and suitable access can be achieved; and
that lot design avoids significant adverse effects on the natural environment and minimises the risk of hazards to people and property.
The Reconfiguring a Lot Code includes the following provisions:
Specific Outcome O1
Lots have the appropriate area and dimensions to provide for—
the intended use and are not less than the minimum sizes specified in Table 14-68; and
if for residential development—
i) a house site area of not less than that specified in Table 14-69; and
ii) if not within a sewerage service area, an effluent disposal area;
d) 	siting and construction of buildings to minimise risk of soil erosion, landslide, flooding and bushfire;
h)	minimisation of earthworks or retaining walls associated with building construction on sloping sites;
j) 	convenient vehicle access and on-site parking, loading and manoeuvring areas.
Specific Outcome O5
House site areas are not located on steep slopes.
Under The Noosa Plan:
Sloping sites means sites or parts of sites that exceed a gradient of 1 in 5 or 20% and includes steep slopes.
Steep slopes means sites or parts of sites that exceed a gradient of 1 in 4 or 25%.
House site area means a part of an allotment used as, or intended to be used to accommodate a Residential Use, that can be serviced by an adequate access drive and is capable of sustaining a range of housing styles and an area for ancillary uses and works including swimming pools, play/recreation area, and outbuildings. This definition does not include effluent disposal areas.
The proposal does not comply with the above provisions of the Reconfiguring a Lot Code. Lot 2, at 1.506 ha does not comply with the 2 ha minimum required under Specific Outcome O1 (Table 14-68). The proposed lot is not of an appropriate area to provide for the intended use of the site, being a rural residential lot, due to the topography of the site, with the proposed house site located on a steep slope. The proposed house site, at 300m2, also does not comply with the Specific Outcome O1 (Table 14-69), which requires a minimum house site area of 1,000m2. In addition, the applicant has not demonstrated that Lot 2 has a suitable access. The access to the house site on Lot 2 traverses a steep slope, and as such is contrary to the requirements of the Reconfiguring a Lot Code
The proposal plan includes a house site located on a steep slope, ranging from 28% to 33% in slope, and as such does not comply with Specific Outcome O1 or Specific Outcome O5. Locating a house site on a steep slope is not supported due to the risks associated with landslide hazard. In addition, constructing on a slope is a difficult process, is difficult to access (for both vehicles and pedestrians) and limits useable private open space areas and on site effluent areas.
The applicant has proposed earthworks to the house site in order to achieve a gradient less than 25% (refer to Figure 6). Modifying the site’s topography to achieve a more useable 300m2 building platform does not achieve a useable private open space area and on site effluent area, and has the potential to increase the risk for slips and landslide. Should the application propose to modify the slope to achieve the 1,000m2 house site area, as required under Specific Outcome O1 (Table 14-69), proposed cut and fill would be much more substantial and would likely result in the need for high retaining walls. As such, the proposal does not comply with Specific Outcome O1 in regards to siting and construction of buildings to minimise landslide hazard, and cut and fill on sloping sites.

Figure 6: Proposed Cut and Fill for House Site Area
Cooroy & Lake Macdonald Locality Code
The Cooroy & Lake Macdonald Code includes the following provisions:
Specific Outcome O15
On sloping sites, buildings and structures are designed to maximise the use of natural slope and minimise the need for cut and fill.
Specific Outcome O77
Development on sloping sites—
a) is responsive to the natural topography of the site and minimises cut and fill;
b) does not visually dominate the hill slope or interrupt the skyline; and
c) is integrated with the natural site characteristics including vegetation.
The proposal includes a house site located on a steep slope, ranging from 28% to 33% in slope. As discussed above, locating a house site on a steep slope is not supported. The house site would require earthworks on the site in order to achieve a gradient less than 25%, and as such, the proposal does not comply with Specific Outcome O15 and O81 in regards to maintaining the natural slope and minimising cut and fill on sloping sites.
Natural Hazards and Natural Resources Overlay Code
The subject site is mapped as containing Landslide Hazard (refer to Figure 5) and Bushfire Hazard (refer to Figure 6) areas, and as such triggers assessment against the Natural Hazards and Natural Resources Overlay Code.
	
Figure 5: Landslide Hazard	Figure 6: Bushfire Hazard
The Natural Hazards and Natural Resources Overlay Code includes the following provisions:
Probable Solution S1.1
The proposed development is not located in a landslide hazard area as indicated on Overlay Maps OM1.3-OM9.3.
Specific Outcome O1
Development is located to ensure it does not compromise the safety of people, property or hazardous materials manufactured or stored in bulk by increasing risk of landslide.
Specific Outcome O2
Development, including access ways is designed and constructed to—
a) 	minimise impacts on the natural landform;
b) 	minimise risk to people and property from landslide;
c) 	avoid any potential instability and associated problems, including long term stability of the site and long term stability of the development.
The proposed house site area on Lot 2 is located on an area with a natural grade of 28% to 33%. The application material states:
‘…TOD Consulting has prepared a Preliminary Earthworks Plan (attached at Appendix B) which demonstrates that a house pad complying with the steep slope limitations of the Noosa Plan (i.e. not above 25%) can be achieved with minimal earthworks required…’.
As previously stated, Earthworks to achieve a slope of 25% or less is not supported due to the increased potential for slips and landslide.
A Geotechnical Report was submitted with the original application material, however the report was based on a different house site area. The report was not revised to reflect the updated proposal plan, and therefore the data provided in the report is not relevant to the current proposal.
The proposed development provides sufficient area to permit onsite parking and manoeuvring, however the applicant has not demonstrated that the proposed house site on Lot 2 has a convenient and safe access. The proposed vehicle access to the proposed house site on Lot 2 traverses a steep slope. Access located on steep slopes is not supported due to the risks associated with traversing a steep slope in a vehicle. In addition, driveways traversing steep slopes are impractical in terms of access for some passenger vehicles, delivery vehicles (furniture trucks etc) and pedestrian access. The proposed access to the house site also does not allow for adequate access for emergency vehicles to the house site, compromising the safety of people and property in an emergency situation.
Biodiversity Overlay Code
The lot configuration has been designed so as to avoid dissecting any land mapped by the Biodiversity Overlay.
draft planning scheme
The draft New Noosa Plan zones the subject site Rural Residential and the proposal would be code assessable. The Rural Residential zone reflects the intent of the Rural Settlement zone under the existing Noosa Plan.  Minimum lot size under the draft New Noosa Plan has been reduced to 1.5 hectares and a minimum lot width of 30m. Both proposed lot sizes comply with the minimum lot size requirement under the draft New Noosa Plan.
The subject site is affected by the Biodiversity, Bushfire Hazard and Landslide Hazard overlays under the draft scheme. The proposal does not comply with the Landslide Hazard Overlay Code as the proposed house site is located on an area with a slope greater than 25%, and access to the proposed house site is comprised due to the site’s topography.
cONSULTATION
Referral Agencies
The application was referred to Energex as an advice agency for Schedule 10, Part 9, Division 4, Table 1 – Reconfiguring a Lot subject to an Easement. The agency raised no concern and provided conditions to accompany any Decision Notice. These conditions related to the existing easement conditions being maintained, and requiring any services crossing the existing Energex easement to be underground services only.
Other Referrals
The application was forwarded to the following internal Council officers:
Coordinator Engineering, Development Assessment
Ecologist, Development Assessment
Public Notification
Not applicable.
conclusion & REASONS FOR DECISION
The application seeks a Development Permit for Reconfiguring a Lot (one lot into two lots).  The proposed development is not consistent with the Specific Outcomes and Probable Solutions of the relevant Codes of The Noosa Plan, as it does not meet the minimum lot size, or propose a suitable house site area or driveway access on the steep slope. Furthermore there is no suitable access proposed. The proposal raises significant planning and engineering issues and is contrary to The Noosa Plan and is therefore recommended for refusal.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
Departments/Sections Consulted:
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GENERAL COMMITTEE MEETING REPORT	18 MAY 2020

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