MCU15/0083 - Delegated Report

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU15/0083
	
Author:	Glen Conforti
	
Project Director:	Glen Conforti
	

APPLICATION DETAILS
Applicant:	J Cheung
Proposal:	Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 (Duplex)
Properly Made Date:	07/09/2015
Information Request Date:	09/09/2015
Info Response Received Date:	18/09/2015
Date of Site Visit:	September 2015
Decision Due Date:	19/10/2015

PROPERTY DETAILS
Property Address:	22 Ann St NOOSAVILLE  QLD  4566
RP Description:	Lot 8 RP 81559
Land Area:	733m²
Existing Use of Land:	Dwelling

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Locality:	Noosaville
Zone:	Attached Housing
Assessment Type:	Code

PROPOSAL:

The application seeks approval for a 2 storey duplex consisting of two 3 bedroom units. The ground floor of each unit includes a garage and carport, 1 bedroom, kitchen and associated living areas. The upper floor of each unit includes 2 bedrooms and a bathroom. External finishes include rendered and painted masonry, fibre cement sheet with cover battens and a fibre cement panel system. Figure 1 below shows an architectural rendering of the proposal.

Figure 1 - Architectural rending of the proposal

SITE DETAILS:
Site Description
Site & Locality Description
Road Frontage	Ann Street
Topography:	Level
Surrounding Land Uses:	An old unit complex exists to the west, a dwelling to the west (a recent duplex has ben approved onsite), a dwelling to the south and to the north, across Ann Street a unit complex.

The following planning scheme overlays are applicable to this application

Natural Hazards Overlay – High Potential Acid Sulfate Soils
Natural Hazards Overlay – Flood Hazard

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument and

The application has also been assessed against the planning scheme, including the following applicable codes:

Noosaville Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Codes

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below. Table 1 below identifies relevant provisions of the Planning Scheme and compliances/non-compliances of the development.

Table 1 - Development Parameters
Criteria	Planning Scheme	Proposal	Complies
Site Area		734.6m²	
Population density	7.34 persons max	6.6 persons	
Gross floor area	294m² max 0.4:1 max.	310 m² 0.42:1	X
Site cover	40% max	40 %	
Landscaped open space Soft landscaping	198m² min 119m² min 60% of total	252 m² 150m²	
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Boundary setbacks Frontage Side Side Rear	6 metres min 1.5/2.0 metres min 1.5/2.0 metres min 6 metres min	8.4 metres 1.57/2.77 metres 1.57/2.77 metres 7.145 metres	
Length of wall	15 metres max	6.2 metres	
Carparking	2 covered min 1 uncovered min	4 covered	

Plot ratio
The proposal with a plot ratio of 0.42:1does not meet the plot ratio required by Specific Outcome O13 of the Noosaville Locality Code. The Code requires a maximum plot ratio of 0.4:1 for all unit development in the Attached Housing zone. However, the plot ratio for units in the Semi-Attached Housing zone is 0.45:1. This is considered an anomaly within the scheme, as a duplex in the Semi-Attached zone can have a plot ratio of 0.45:1, where as a duplex in the Attached Housing zone can have a plot ratio of only 0.4:1.

The plot ratio seeks to maintain amenity of the surrounding area by ensuring building bulk and scale of development is compatible with that in the surrounding area. The buildings footprint (site cover) complies with the relevant provisions and the upper storey is centrally located within the built form. The building is well articulated with an interesting roof form providing an overall development that is not bulky and of a scale compatible with other duplexes in the surrounding area. Notably a duplex has recently been approved on the neighbouring property with a plot ratio of 0.45:1. The proposal therefore meets the Overall Outcomes of the Noosaville Locality Code and is recommended to be supported.
Setbacks to the carport and laundry
The proposed carports and the laundries at the rear of the carports are proposed with a setback of 0.97m to the side boundaries. Class 10a structures such as that proposed are exempt from Schedule 1 – setbacks of The Noosa Plan and subject to the Queensland Development Code. The proposal complies with the provisions of the Queensland Development Code and raises no concern.
External frontage works
A concrete footpath is required along the frontage of the site in accordance with the Planning Scheme. It is recommended the path be constructed to a minimum width of 2.0m consistent with the footpath width conditioned as part of the recent approval for the neighbouring duplex.
Stormwater Drainage
The property slightly slopes to the rear. The developed site can be drained to the street drainage and/or into an existing 600mm stormwater pipeline runs along the rear boundary. Conditions are included to require the stormwater drainage matters associated with the development to be addressed as part of the operational works application.
CONSULTATION:
Referrals
The application was forwarded to the following internal council specialists:

Development Engineer, Engineering and Environment Assessment Branch
Their assessment forms part of this report.

CONCLUSION:
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that can not be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU15/0083 for a Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 (Duplex) situated at 22 Ann St NOOSAVILLE  QLD  4566 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU15/0083

1.	APPLICATION DETAILS

Application No:	MCU15/0083
Street Address:	22 Ann St NOOSAVILLE  QLD  4566
Real Property Description:	Lot 8 RP 81559
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 Duplex

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER 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
19.0715.1.2		Ground Floor Plan, prepared by ant+design	July 2015
19.0715.1.3		First Floor Plan, prepared by ant+design	July 2015
19.0715.1.4		Roof Plan, prepared by ant+design	July 2015
19.0715.1.5		Elevations, prepared by ant+design	July 2015
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 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.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each lot.
Building Appearance
Hardies Stria 325mm cladding or a similar external finish product and glass balustrading must be used where indicated on the approved plans.
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 must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
LANDSCAPING
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines and must include in particular:
landscaping for the full length of the rear boundary, the northern and southern boundaries. Trees must be included which grow to a minimum height of 4m at maturity and provided at 3m centres. The trees maybe omitted adjacent to the clothes drying areas and smaller species may be used adjacent to the swimming pools.
provision of one (1) 45 litre street tree to each side of the driveway (total of 2 trees) within the road reserve.
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.
Any trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting  stockpiling,  storage  and  vehicle  parking  to  those  areas which are already cleared
using low impact construction techniques around vegetation.

ENGINEERING
External Works - Pedestrian Facilities
A 2.0m wide concrete footpath must be provided within the road verge for the entire length of the frontage of the site. The path must join smoothly with any existing adjoining path. The works must be undertaken in accordance with an Operational Works approval and must be in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway Construction Details.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Site Access and Driveway
A sealed access driveway must be provided from the street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
driveway crossover in accordance with IPWEAQ standard drawing SEQ R- 050 and to grades prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades for footpath and pedestrians movements along the footpath without any step or level difference
for pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
a driveway 3.0m wide minimum and not exceeding 4.5m in width.
Car Parking
Car parking must be provided within the site generally as shown on the approved plans.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
The car parking must be in compliance with the provisions of AS/NZS 2890.1-2004 for user class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
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.
Reinstatement Works
Where required, any redundant driveway must be removed, and the kerb verge area reinstated and landscaped to match the existing kerb and/or verge treatments.  Grassed verge areas to be reinstated must be provided with 100 mm topsoil and turf, and must be maintained by the developer until established. The driveway layback must be saw-cut and removed to allow for a smooth and neat finish with the adjoining kerb.
Any badly damaged kerb and channel along the frontage of the site must be repaired to the reasonable satisfaction of Council’s representative.
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 in compliance with the relevant sections of Queensland Urban Drainage Manual and supported by a detailed stormwater drainage design prepared and certified by a suitably qualified and experienced Registered Professional Civil Engineer. The works must include in particular:
extension of the development site stormwater system to accommodate surface stormwater runoff from any adjoining property that naturally drains through the site or may potentially be affected by the development, including the registration of drainage easements; and
the use of gravity stormwater drainage.
The development of the site must not worsen existing drainage conditions on other properties by diverting stormwater runoff or cause additional stormwater ponding on any other property.  Stormwater overland runoff from the site must be kept to its predevelopment flow rates for all storms up and including 1 in 100 years storm event.
Easements
A stormwater drainage easement 3.0m wide minimum must be created in Council’s favor centrally located over the existing 600mm stormwater pipeline and structure/s along the rear part of the site.
Easement of appropriate width must be created over all stormwater pipelines on the site that convey stormwater flows from adjacent properties.
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 created in accordance with the requirements of planning scheme and granted at no cost to the Grantee.
Earthworks and Retaining Walls
All fill and associated batters/retaining walls 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 an application for operational works and in compliance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments, Council’s codes and relevant government regulations and guidelines and must address the potential of existence of acid sulfate in this area. Certification must be provided by an RPEQ and submitted to Council prior to the issue of the Certificate of Classification for the building.
As the site is proposed to be filled, appropriate stormwater drainage structures must be installed within the site to collect and discharge stormwater runoff from the adjoining properties to prevent additional ponding/flooding on these properties.
The development works must not adversely impact on the stability of the subject site or other properties.
Earthworks and development works carried out on site must not affect the structural integrity of any of the existing fences or structures that border the site.  Fences that are affected must be replaced prior to the Building Certifier issuing the Certificate of Classification.
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.
ENVIRONMENTAL HEALTH
Building Demolition/Removal/Relocation
Where the development involves the removal, relocation or demolition of a building, a Waste Management Plan (construction and demolition) must be submitted and approved prior to the issue of a development permit for operational works. Waste Management Plans (construction and demolition) must be submitted in accordance with Planning Scheme Policy 11, Waste Management Plans. Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use. The Plan must 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 must 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.
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 must 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.
5.	REFERRAL AGENCIES

Not Applicable.

6.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted 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 applicable. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
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 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.
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 as required to advise of construction times, impacts on traffic and services and other relevant issues.

7.	PROPERTY NOTES

Not Applicable.

8.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

9.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Operational Work (Earthworks, access and carparking, external frontage works, stormwater drainage and landscaping.)
Development Permit for Building Work (All building works)
Compliance Certificate for Documents (Plan Sealing)

10.	SELF ASSESSABLE CODES

Not Applicable.

11.	SUBMISSIONS

Not Applicable.

12.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

13.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

14.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

REPORT COVER SHEET
PLANNING ASSESSMENT BRANCH

Application no:	MCU15/0083
	
Author:	Glen Conforti -
	
Project Director:	Glen Conforti - Development Planner
	

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes     /     No
Has a site inspection been undertaken?	Yes     /     No
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?	Yes     /     No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PROJECT MANAGER	PROJECT DIRECTOR

Signature:	Signature:
	
Position:  Development Planner	Position: Development Planner
	
Date:	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on 12 December 2009:

Signature:	Date:
	
PROJECT DIRECTOR	

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DELEGATED AUTHORITY REPORT

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