Representations to achieve a Negotiated Decision Notice

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An amendment to the Detailed Lot Layout Plan (Revision B) is the updated provision for
Staging. As demonstrated by the attached Detailed Lot Layout, Stage 1 is now broken
down into Stages 1A and 1B. This is to allow for a boundary realignment in a non-
sequential stage to effectively create proposed Lot 6, so that the existing house is able
to be separated from the remainder of the subdivision.

Condition 3

       Current Condition
       3. 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.

Comment:
With regard to Condition 3, it is intended that Eagle Drive is to be extended beyond the
proposed reconfiguration. At this stage, balance areas have been provided to enable
manoeuvrability of waste collection vehicles. As such, we request that Condition 3 be
deleted.

EXTERNAL WORKS
Condition 7

       Current Condition 7
       7. 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. a half road construction consisting of 3m wide seal, kerbing and channelling
       and extending from the Tait Street formation for a distance of 40 metres
       from Tait Street (western boundary of Lot 6) terminating in a temporary
       turnaround;
       b. the intersection with Tait Street;
       c. the northern half of the new road constructed with a gravel formation;
       d. the realignment of the existing vehicle track to join to the end of the southern
       half of the new road;
       e. the removal of the redundant sections of the existing vehicle track and the
       areas turfed or grass seeded;
       f. the construction of the vehicle access to proposed Lots 7 and 8.

Comment:
With regard to Condition 7 and with reference to the attached Amended plans, we note
that a minimum area of 800m² is able to be achieved in proposed battleaxe Lots 7 & 8
(as specified within Table 14-68 Minimum Allotment Areas of the Noosa Plan). Safe
access is able to be provided to proposed Lots 7 & 8 via the proposed 6m wide
easement.

The applicant is a long-time resident of this area, and a neighbour (who is still living
there) subdivided Lot 1 on RP156715 and Lots 2 & 3 on RP203517 to the north of Road
86419 a long time ago, which included contributions to build Road 86419. Council took
the contribution without building the road (much to their disappointment as they have

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had to maintain a gravel track) and are now asking for others to build it which is
unreasonable.

To support the proposed layout our client advised they are willing to install a pool fence
on the northern boundary of Lot 7 and a portion of Lot 8 up to end of road reserve as
per plan 1702-08 Rev B. This is to address the Planning comment from Council meetings
that a detraction to proposed Lots 7 & 8 was keeping the existing 1.8m paling fence on
road reserve frontage.

For the above reasons, the construction of a new half road is no longer considered
necessary and we ask that Condition 7 be deleted from the Decision Notice.

VEGETATION
Condition 13

       Current Condition 13
       13. 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.

Comment:
With regard to Condition 13, we note that Lots 1 – 5 will require minor fill and thus
minor clearing. The client intends on maintaining the vast majority of the native trees
within the subject site and that only where necessary will clearing occur (ie. Road
reserves and services areas). As such, an Arborist Report is not considered necessary
and we request that Condition 13 be amended to read:

        Amened Condition 13
       13. 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.


LANDSCAPING WORKS
Condition 15d

       Current Condition 15d
       15. 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:
       d. 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.

Comment:
With regard to Condition 15d, the client notes that ‘grouted rock’ will be used for the
retaining wall. As such, we request that Condition 15d be amended to read:

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       Current Condition 15d
       15. 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:
       d. Retaining walls within the bio-basin must be constructed or permanently
       faced with grouted rock, or with materials which provide for a natural
       appearance such as sandstone, bluestone, granite or the like.

PROPERTY ACCESS & DRIVEWAYS
Condition 20

       Current Condition 20
       20. A residential driveway must be constructed to each lot. The works must be
       undertaken in accordance with an Operational Works approval.

Comment:
With regard to Condition 20, we note that each proposed Lot and frontage is of sufficient
sizes and lengths to be able to construct appropriate driveways without the need for
Operational Works approval, which will unnecessarily restrict future building design on
the lots. As such, it is requested that Condition 20 be deleted.

Condition 21 & 22

       Current Conditions 21 & 22
       21. The access to service Lots 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.
       22. Vehicle access to Lots 7 & 8 are limited to the Road 86419 frontage only
       (northern boundary). A clause must be included in the contract of sale for Lots 7
       & 8 which prohibits vehicle access being taken from Eagle Drive.

Comment:
With regard to Condition 21, we ask that it be amended to include proposed Lots 7 & 8
within the condition. It is noted that a minimum area of 800m² is able to be achieved for
all proposed battleaxe Lots.

With regard to Condition 22 we request that it be deleted from the Decision Notice in
support of the deletion of Condition 7. As outlined above, proposed Lots 7 & 8 are able to
achieve a minimum allotment size of 800m², as required for battleaxe lots and the
construction of a new half road is not considered necessary.

As such, we request that the conditions be read/deleted as follows:

       Amended Conditions 21 & 22
       21. The access to service Lots 7, 8, and 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.
       22. Vehicle access to Lots 7 & 8 are limited to the Road 86419 frontage only
       (northern boundary). A clause must be included in the contract of sale for Lots 7
       & 8 which prohibits vehicle access being taken from Eagle Drive.

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PEDESTRIAN AND BICYCLE FACILITIES
Condition 23b

       Current Condition 23b
       23. 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:
       b. A 1.5 metre wide footpath must be provided on the northern side of the
       biobasin extending from Eagle Drive to Clarey Park and a pool fence must be
       provided between the footpath and the bio-basin

Comment:
With regard to Condition 23b, we argue that a footpath on the northern side of the
biobasin extending from Eagle Drive to Clarey Park is unnecessary given an existing
pathway is situated two (2) lots to the south.

A pathway was shown on original retention/bio basin plan 1702-02A dated 11-6-17 as
there was a proposed overland flow path to Clarey Park. Brisbane Stormwater
Management (BSM) Report ‘Detailed Design of Stormwater Detention Volume’ (Final
status dated 18-9-2017) revised basin design to take all overland flow and remove direct
overland flow to Clarey Park.

There are demonstrated reductions in overland flow through Clarey Park by adding the
basin and removing pathway flow (Table 6, page 12 of BSM report) providing a benefit
to Council and the community. Existing overland flow in one and two year storm events
are removed and other flows are significantly reduced.

Submissions to Council on 19-9-17 (BSM Report with figure 5 of basin dated 18-9-17)
and 22-9-17 (HCE Plan 1702-02B) had removed the pathway to north of basin and
altered basin area. These documents were assessed and required additional information
and significant changes to the BSM report which were submitted on 13-10-17.

If a pathway beside basin was required by Council it should have been added to changes
at that time, as waiting until approval time requires another full revision of BSM report
and plans which is unreasonable and costly. The current reports are suitable to proceed
with Operational Works approval.

The basin area at 14 Eagle Drive is also tight. As such, offsets to adjacent properties
cannot be reduced and the basin will need deepening to maintain required volume which
is not desirable.

The proposed footpath would require a deeper basin, a re-assessed flood study and
basin design which should have been raised previously by Council. As such, it is
requested that Condition 23b be deleted.

INFRASTRUCTURE CHARGES NOTICE

In relation to the Drainage/Stormwater component of the Infrastructure Charges, it is
considered that the applicant’s acquisition of 14 Eagle Drive (Current Lot 31/RP149497,
Proposed Lot 100) and proposed dedication as a drainage basin greatly improves the
drainage scheme of the surrounding area.

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At present the adjacent 4.5 Hectare catchment does not have an overland flow path
other than the residence at 14 Eagle Drive which has been previously flooded (refer page
8, section 5.1.1 of HCE report 1702_IWMP dated 27-6-17). The applicant has chosen to
remedy an existing drainage deficiency by purchasing an existing house and land to
provide for overland flow at a significant cost well above proposed contributions.
Normally this catchment would have an overland flow path, or pipes to cater for overland
flow (refer page 8, section 5.1.1 of HCE report 1702_IWMP dated 27-6-17 indicating a
one year pipe capacity). The applicant is providing Council with improvements to
overland flow capacity for 4.5 Hectares of adjacent developed land when only 1.5
Hectares is their site (a 3 Hectare catchment benefit to Council and Community).

The local residents on Tait Street and Eagle Drive are well aware of the stormwater
issues as a result of having large land areas flow into or through their properties. Three
Engineering Consultants have also pointed out these issues to Council in the
Reconfiguration process. The local residents understand that the proposed subdivision
will improve the current situation by creating a road through 20 Eagle Drive to reduce
flows towards Tait Street and provide an overland flow path for water in Eagle Drive. The
proposed purchase of 14 Eagle Drive to provide a natural overland flow path and
subdivision works will be the best outcome for residents and Council. The cost of
Contribution reduction sought is far less than the house and land purchase at 14 Eagle
Drive. If these improvements to stormwater flow are not done and subdivision cannot
proceed due to cost or other reasons the issue will fall to Council in future, especially if
residents don’t see a solution in the short term.

We also reference BSM report section 3.4 (and minor revisions in BSM Information
Request response letter dated 13-10-17) which outlines 8 locations where impact
mitigation and benefits are demonstrated. Most notable improvements are to houses at
No. 14 Eagle Drive (page 11) overland flow through Clarey park (pages 11-12) Tait
Street houses at numbers 27, 29, 31, 33, and 35 (Nodes N45-N50 pages 12-13). In
addition Council road surface flows are improved at locations referenced in section 3.4 of
BSM report dated 18-9-17 and 120 metres of new 750mm diameter pipe will be installed
from basin at 14 Eagle Drive to Read Street (refer Page 9 of BSM report dated 18-9-17).

The dedication of this lot also provides a valuable community asset in the form of
parkland, which will serve and improve the amenity of both the proposed development
and existing residential community. Please refer to the Engineering Letter prepared by
Callaghan & Toth Consulting Engineers and attached at Appendix B. As such, it is
deemed fair and reasonable that a full offset for the Stormwater component be
implemented - as well as a reasonable offset for the Public Parks & Land for Community
Facilities component - in light of the applicant’s initiative and costs born to facilitate the
improved drainage and parklands outcomes.

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SUMMARY

We trust the above information will allow Council to consider the requested amendments
based on both merit and reason, and we look forward to receiving a favourable response
(Negotiated Decision Notice) in due course.

Yours Faithfully,




Blake Bell BRTP, M.P.I.A., CPP, MDIA
Director/Principal Town Planner
MURRAY & ASSOCIATES (QLD) PTY LTD

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                                          Appendix A


Detailed Lot Layout

Prepared by Haynes Consulting Engineers


[OCR of page images]
MURRAY®&
ASSOCIATES

SURVEYORS & TOWN PLANNERS

 

 

Appendix A

 

Detailed Lot Layout

Prepared by Haynes Consulting Engineers

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                                                            Appendix B


Engineering Letter

Prepared by Callaghan & Toth Consulting Engineers Pty Ltd


[OCR of page images]
MURRAY®&
ASSOCIATES

SURVEYORS & TOWN PLANNERS

 

 

Appendix B

 

Engineering Letter

Prepared by Callaghan & Toth Consulting Engineers Pty Ltd