Delegated Assessment Report MCU16/0120

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU16/0120
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade
	

SUMMARY:

APPLICATION DETAILS
Applicant:	KA Monahan, RD Monahan
Proposal:	Development Permit for Material Change of Use of Premises - Detached house
Properly Made Date:	20/10/2016
Decision Due Date:	17/11/2016

PROPERTY DETAILS
Property Address:	Noosa Dunes 27/512 David Low Way CASTAWAYS BEACH  QLD  4567
RP Description:	Lot 27 SP 111721
Land Area:	669 Square Metres
Existing Use of Land:	Vacant

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Area / Locality:	Eastern Beaches
Planning Precinct / Zone:	Detached Housing
Assessment Type:	Code

PROPOSAL:

The proposed dwelling is located in the Noosa (formerly Marcus) Dunes Group Title Development. The proposed detached house is not required to comply with The Noosa Plan’s codes, as The Noosa Plan calls up the relevant Plan of Development 67 on plan ACA-1, Zoning Map ZM4a. Dwelling houses must be constructed in accordance with the development parameters outlined on the plan of development, which are contained in the assessment following.
Site Description
Site & Locality Description
Road Frontage	Internal Road (part of common property)
Existing Significant Vegetation	The lot has some dunal vegetation.
Topography:	The lot slopes from the north to the south.
Surrounding Land Uses:	Marcus Dunes Estate consists of 36 individual lots and detached dwellings similar in nature to that proposed.

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

The application has been found to generally comply with all applicable statutory instruments.

The provisions of the Plan of Development 67 on plan ACA-1, Zoning Map ZM4a is assessed in the table below:

Plan of Development No.65 requirements	Assessment of Compliance
Buildings shall be constructed in the envelopes as shown on the POD Setbacks 6m  to west boundary (frontage) 2m to south and northern boundaries 6m  to the east boundary (rear)	The proposal complies with the setbacks required by the POD having a front setback of 6.0m and the balance of the building within the building envelope.
Maximum Building Height 2 storeys 8m or: maximum roof level as shown on POD whichever is the lesser height	Not Applicable
Maximum Building levels 3 levels	The dwelling complies with the maximum building levels.
Site Coverage maximum of 40%	The proposal plans indicate a site cover of 39%.
Maximum dwelling unit floor area 350m² (including garage space) and one managers office of 40m².	The proposal plans indicate a gross floor area of 355m².
The applicant has provided a stormwater management plan and a slope stability report. A condition will be included to ensure development is undertaken in accordance with both reports.

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. MCU16/0120 for a Material Change of Use for a Detached Dwelling situated at Noosa Dunes 27/512 David Low Way CASTAWAYS BEACH QLD 4567 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU16/0120

1.	APPLICATION DETAILS

Application No:	MCU16/0120
Street Address:	Noosa Dunes 27/512 David Low Way CASTAWAYS BEACH  QLD  4567
Real Property Description:	Lot 27 SP 111721
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 - Detached house

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

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
WD.201		Lower Level Plan, prepared by Aboda Design Group	19/08/16
WD.202		Main Level Plan, prepared by Aboda Design Group	19/08/16
WD.203		Upper Level Plan, prepared by Aboda Design Group	19/08/16
WD.204		Roof Plan, prepared by Aboda Design Group	19/08/16
WD.501		Elevations, prepared by Aboda Design Group	19/08/16
WD.502		Elevations, prepared by Aboda Design Group	19/08/16
WD.503		Elevations, prepared by Aboda Design Group	19/08/16
-	A	Landscape Plan (Sheet 4 of 9), prepared by Outside Noosa	07/09/2016
-	A	Landscape Plan (Sheet 5 of 9), prepared by Outside Noosa	07/09/2016

Plan of Development
The development must be carried out in compliance with the relevant requirements and provisions of the Plan of Development (No 67).

Built Form
The external access from the driveway to the drying area (from the frontage) must be of minimal width and length.

Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.

Certification must be submitted to Council from a Licensed Surveyor which certifies that 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 Building 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.

Landscaping
All vegetation outside the building envelope must be retained where practicable.

All landscaping must be planted in accordance with the approved Landscape Plan and Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.

Trees in the road reserve must be protected from construction activities by:
clearly marking vegetation 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.

CIVIL ENGINEERING

Geotechnical Stability
The development must be carried out in accordance with the Slope Stability Assessment prepared by SCG Consulting Engineers, Report Number 26250 (S) dated 8 September 2016.
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
All earthworks and associated 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.
Excavation of the site and the construction of the proposed works must not have any adverse effects on the stability of adjoining buildings and/or structures and/or services and/or lands. In this regard, a Registered Professional Engineer Queensland must supervise the excavation of the site and the construction of the new works to determine whether any additional measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands.

Erosion and Sediment Control
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination

Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
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

Vehicle Access
A vehicular access driveway to service the dwelling must be constructed from the edge of formation of the common property driveway to the proposed garage. The driveway must be constructed in accordance with AS/NZS 2890.1-2004 and Council’s standard drawings RS-049 and RS-050.

Roof Water and Stormwater Drainage
The stormwater drainage system must be constructed generally in accordance with drawing 26250-SW1 and titled Site Stormwater Management Plan, prepared by SCG Consulting Engineers dated August 2016. In this regard the site stormwater management plan must be updated to reflect the approved plans.

The on-site infiltration system must be constructed wholly within the subject site and in a manner that does not compromise the stability of the subject site, the common property or any adjoining property.

The on-site infiltration system must be maintained by the property owner.

All site stormwater drainage must be by means of a gravity system.

General
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.

The transportation of all materials to and from the site must be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site must be covered to prevent materials including dust being windblown from the vehicle.
Certification
Certification must be submitted to Council from a qualified person* which certifies that the development:
has been constructed in accordance with the conditions listed within this Decision Notice,
has a minimum factor of safety against landslip of 1.5 in the long term, and
will not have any adverse effects on the stability of adjoining buildings and/or structures and/or services and/or lands in the long term.

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All Building Works)

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	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”.

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DELEGATED AUTHORITY REPORT

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