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PR102995-10_Written Representations_1Sep14
Attached to the e-mail REC14/0005 - 178 Eumundi Noosa Rd - Representations to Decision Notice and AICN.
Our Ref: PR102995-10 Your Ref: REC14/0005 Date: 1 September 2014 Attn: Denis Wallace Noosa Council PO Box 141 TEWANTIN QLD 4565 Via: Email ([email protected] / [email protected]) Dear Denis, RE: SUSTAINABLE PLANNING ACT 2009 S.361 AND SECTION 677 – WRITTEN REPRESENTATIONS ABOUT A DECISION NOTICE AND ADOPTED INFRASTRUCTURE CHARGES NOTICE 178 EUMUNDI NOOSA ROAD, NOOSAVILLE (LOT 101 ON SP241371) We act for Bunnings Properties Pty Ltd regarding a development approval and Adopted Infrastructure Charges Notice issued by Noosa Council (the Assessment Manager) under the Sustainable Planning Act 2009 (the Act) over the above property. The Decision Notice approved the following aspects of development: Development Permit for Reconfiguring a Lot for 1 Lot into 2 Lots; On 10 July 2014 we received the Decision Notice (dated 9 July 2014) and Adopted Infrastructure Charges Notice (incorrectly dated 9 January 2014). To enable the applicant more time to make the representations, we suspended the Applicant’s appeal period on 4 August 2014 for 20 business days (until 1 September 2014). Under Section 361 and 677 of the Act, we now provide written representations regarding the Decision Notice and the Adopted Infrastructure Charges Notice. We request Council consider these representations and issue a Negotiated Decision Notice and Negotiated Adopted Infrastructure Charges Notice to amend the items discussed below.
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1 WRITTEN REPRESENTATIONS
1.1 Condition 4(d) – Effluent Disposal Areas
Condition 4(d) makes reference to existing effluent disposal areas. It is requested that Condition
4(d) be deleted as the approved development site does not contain any existing or proposed
effluent disposal areas.
1.2 Condition 4(h) – Community Title Scheme
Condition 4(h) refers to road pavement changes and the demarcation of boundaries for public
and private land as they relate to a Community Title Scheme under the Decision Notice. The
approval is for a 1 Lot into 2 Lots standard format subdivision. As such, it is requested that
Condition 4(h), and any reference to a Community Title Scheme, be deleted.
1.3 Condition 5 – Landscaping
Condition 5 requires that ‘native street trees be established at 10 metre centres within the
footpath reserve along the frontage of the site’. The full frontage of approved Lot 101 has
previously been provided with street trees as part of the development approval for the existing
Bunnings Warehouse.
As such, it is requested that Condition 5 be amended in order require provision of street trees
along the frontage of approved Lot 103 only. Suggested wording for the amended condition is as
follows:
“Native street trees shall be established at 10 metre centres within the footpath reserve
along the frontage of Lot 103 and shall have a minimum pot size of 45 litres.”
1.4 Condition 7 – External Works
Similarly to Condition 5, Gateway Drive has previously been upgraded along the full frontage of
approved Lot 101 in association with the approved Bunnings Warehouse. As such, it is requested
that Condition 7 be amended in order to necessitate the upgrade of Gateway Drive for the full
frontage of Lot 103 only. Suggested wording for the amended condition is as follows:
“Gateway Drive must be upgraded for the length of its frontage to approved Lot 103 the
subject site. The works must be undertaken in accordance with an Operational Works
approval and must include in particular the construction of a pedestrian footpath in
accordance with the conditions of this Decision Notice. This condition is imposed pursuant
to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.”
1.5 Condition 9(b) – Stormwater Drainage
Condition 9(b) necessitates that the existing overland flow path within Lot 103 be contained and
conveyed wholly within a combined drainage solution consisting of underground drainage and ‘a
landscaped and suitably stabilised’ open drain.
In this respect, we note that provision of a ‘landscaped’ drain is unlikely to provide an appropriate
design response to a potential Q100 event. While we acknowledge that the intent of this condition
is to leave the resolution of these issues to detailed design, it is requested that further clarity be
provided in order to minimise the extent of landscaping in order to avoid ongoing maintenance
associated with landscaping being ‘washed away’.
As such, it is requested that Condition 9(b) be amended in order to allow for detailed design to
identify an appropriate design solution for treatment of this drain (landscaping or otherwise). In
this respect, we note that Council will be capable of providing further comment to this stormwater
solution as part of subsequent Operational Works applications.
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Suggested wording for the amended condition is as follows:
“The retention of the existing overland flowpath that conveys stormwater runoff from the
adjoining property (Lot 26 SP151406) through proposed Lot 103. The flows must be
contained and conveyed wholly within a combined drainage solution consisting of
underground drainage, capable of accommodating flows up to a Q10 event, and a
landscaped and suitably stabilised (rock lined or other engineered alternative) open drain.
The design of the drain must be sufficient to include all design storm events up to and
including the 1%AEP event of critical duration. Design calculations (that include at a
minimum depth of flow and velocity) and certification by a
suitably qualified RPEQ demonstrating the above must be submitted as part of the
operational works application.”
1.6 Condition Numbering Error
Following Condition 9, the condition numbering reverts back to Condition 2 (Electricity and
Telecommunications Services) and not Condition 10. As such, it is requested that the condition
numbering be resolved as part of any future Negotiated Decision Notice.
1.7 Conditions 5(b) – Stormwater Easement over lot 103
The exact built form / development footprint of building to be proposed on lot 103 is yet to be
finalised. Accordingly Bunnings wish to maintain flexibility about the alignment of the
underground pipe and open drain, and the drainage easement.
We request some wording be added to the condition to make clear that this flexibility exists. This
could be a new point (c) as follows:
(c) Alignment of the underground pipe, open drain, and easement is to be
determined through operational works application (as per condition 9(b) above).
1.8 Condition 6(b) – Stormwater Easement over lot 101
This condition requires creation of an easement over proposed lot 101 to contain the current
stormwater discharge point. Wherever possible, Bunnings prefer to minimise the number of
easements burdening their properties. In this instance we suggest an alternative to creation of
this particular easement would be for a new stormwater discharge point to be provided directly
from proposed lot 103 to stormwater pipe in Gateway Drive (i.e. such that stormwater discharge
would not occur via lot 101).
To allow flexibility for this we suggest an additional ‘alternate’ clause could be added to the end of
the current condition as follows:
A drainage easement must be created within proposed lot 101. The easement must be:
(a) in favour of Lot 26 on SP151406 and proposed lot 103,
(b) centrally located over the existing piped drainage system connecting proposed lot
103 and lot 26 on SP151406 to the existing stormwater discharge point in
Gateway Drive;
OR, as an alternative to providing the above easement, provide a new stormwater
connection directly from proposed lot 103 to a new stormwater discharge point to
Gateway Driveway.
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1.9 Adopted infrastructure Charges Notice The Adopted Infrastructure Charges Notice is incorrectly dated as the 9 January 2014. Please ensure that the Negotiated Adopted Infrastructure Charges Notice is correctly dated. We trust this information is sufficient for your purposes. Should you require further details or wish to discuss these matters, please contact me on (07) 3124 9362 or Stephen Mason on (07) 3124 9377. Yours sincerely RPS DAVID WHITEMAN Planner enc As above cc: Bunnings Properties Pty Ltd PR102995-10: Page 4