Delegated Report - Code - Planning RAL21 0028

Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0028
Applicant	Glen Edward Grams Linda Kay Grams
Proposal	Reconfiguring a Lot - Industrial
Properly Made Date	26 November 2021
Information Request Date	23 December 2021
Information Response Date	16 February 2022
Decision Due Date	25 March 2022
Report Completed Date	25 March 2022
Report Reviewed By	

PROPERTY DETAILS
Property Address	53-57 Rene St Noosaville Qld 4566
RP Description	Lot 281 SP 104321
Land Area	6,148m²
Existing Use of Land	Industrial Use

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Impact Industry
Precinct	Not Applicable
Local Plan Area	Noosaville Local Plan
Overlays	Land Subject to Acid Sulfate Soils Overlay Bushfire Hazard Overlay Potential Impact Buffer
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot – Industrial (1 into 2 lots). The proposal consists of dividing the existing 6,148m2 lot into two lots. Lot 1 will have an area of 4,138m2 and Lot 2 will have an area of 2,010m2.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

site details
Site Description
The subject site is a 6,142m2, relatively flat industrial lot with 75 metres of frontage to Rene Street. The subject site contains two 18m x 24m shed in the north-western corner of the site, and a cleared area that extends 24 metres from the eastern boundary. A stormwater easement is located in the north-eastern corner of the site.
Surrounding Land Uses
Surrounding sites are industrial lots of varying sizes, with residential lots located approximately 120 metres to the west.
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:
Medium Impact Industry Zone Code;
Noosaville Local Plan Code;
Reconfiguring a Lot Code; and
Works Codes.
The subject site is located in Noosaville and is zoned Medium Impact Industry. The proposed use is identified as a consistent use within the zone and 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 Code
The Reconfiguring a Lot Code seeks a minimum lot size of 1000m2, and a minimum average width of 20 metres The proposal exceeds the average width and frontage width and exceeds the required minimum lot size and thus complies with the code.
Services
The existing service connections on the lot will be extended to both proposed lots and the applicant has lodged an application with Unitywater regarding further water and sewer connections. An easement for stormwater infrastructure is proposed along the frontage of proposed Lot 2.
Frontage works
The site’s frontage currently has two street trees along the frontage of proposed Lot 2. The trees will be conditioned to remain unless removal is required to facilitate infrastructure. In this instance, a condition will be included to ensure any trees removed are replaced. As Rene Street is identified as a pedestrian access street as per the Noosa Cycling and Walking Strategy Walking Hierarchy, a condition will also be included to require a footpath to be constructed along the frontage of the proposed lots.
The inclusion of a driveway to service proposed Lot 2 will result in the loss of two street carparks. The loss of the two street carparks is considered inconsequential and sufficient on-site carparking is located on proposed Lot 1.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer – conditions provided
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 RAL21/0028 for a Reconfiguring a Lot - Industrial situated at 53-57 Rene St Noosaville Qld 4566 and described as Lot 281 SP 104321, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0028
Street address:	53-57 Rene St Noosaville Qld 4566
Real property description:	Lot 281 SP 104321
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 - Industrial
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
-	-	Proposed Lot Reconfiguration of Lot 281 on SP104321, prepared by Noosa Cooloola Land Surveys	November 2021
03-1159-C1	A	Operational Works Water and Sewer, prepared by Lindsay Consulting	11/02/2022
03-1159-C2	A	Construction Management Plan Street Parking, prepared by Lindsay Consulting	11/02/2022
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 25 March 2026, unless an application to extend the currency period is approved by Council.
External Works
Rene Street must be upgraded for the length of its frontage to the subject site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of any redundant property accesses and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
Condition 6 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Site Access and Driveways
A sealed access driveway must be provided from Rene Street to service proposed Lot 2. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway located generally in accordance with drawing number 03-1159-C1 Sheet 1 Revision A prepared by Lindsay Consulting dated 11 February 2022
a driveway crossover in generally in accordance with Council’s Standard Drawing No RS-051 and any associated addendum
a driveway constructed to protect existing vegetation in the road reserve
The following property notation or similar will be added to Council’s rates records for Lot 2 advising owners, prospective purchasers and certifiers of the driveway requirements:
To ensure that the integrity of vegetation within the road reserve vehicle access to this lot must be from the constructed driveway only unless otherwise approved by Council (refer to Council Approval RAL21/0028).
Pedestrian and Bicycle Facilities
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:
a 2.0 metre wide footpath within the road verge for the entire length of the site’s frontage to Rene Street
Condition 8 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
The lots 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 03-1159-C1 Sheet 1 Revision A prepared by Lindsay Consulting dated 11 February 2022
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.
Easements
An easement for drainage purposes must be registered in favour of Lot 1 against the title of Lot 2 over any drainage system that conveys stormwater through Lot 2. The easement must be a minimum of 1.5 metres wide or of sufficient width to wholly contain the drainage structures.
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 structures/batters 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.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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.
Street Trees
The street trees located in front of Lot 2 are to remain unless an Operational Works approval to have the trees removed is granted for the purpose of installing infrastructure.
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy PSP 2 – Landscaping and must include in particular 45 litre street trees approximately every 5 metres, totalling 13 street trees within the frontage. The plans identifying the location and species must be submitted for Operational Works approval.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
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:
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
property notes
RAL21/0028 - Property Access Driveway
The following notation or similar applies to approved lot 2:
To ensure that the integrity of vegetation within the road reserve vehicle access to this lot must be from the constructed driveway only unless otherwise approved by Council (refer to Council Approval RAL21/0028).
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	Frontage, Access, vegetation clearing.
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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289
Lott
Lot 2
4138
2010
RENE
STREET