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Planning Report 2125 - Loxton Subdivision

Attached to the e-mail Reconfigure a Lot (1 into 2) - RAL18/0009.

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                                   Proposal Report
                                              Development
                                               Application

    Development Permit for Reconfiguring a Lot
     (1 into 2 residential lots and easements)

Lot 2 on RP173874 located at 20 Mitti St, Noosa Heads
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Contents
1.0       Summary ........................................................................................................................... 3
   1.1       Development application details ............................................................................................... 3
   1.2       Planning instrument details ....................................................................................................... 3
   1.3       Referral agencies ....................................................................................................................... 3
2.0       Site details ......................................................................................................................... 4
   2.1       Site description ......................................................................................................................... 4
   2.2       Surrounding land uses ............................................................................................................... 5
3.0       Proposed development details ........................................................................................... 6
   4.0 Planning assessment ....................................................................................................................... 7
   4.1    Pre-lodgement .......................................................................................................................... 7
   4.2    Key issues ................................................................................................................................. 7
5.0       State assessment and other matters ................................................................................ 11
   5.1    State interests ..........................................................................................................................11
     5.1.1 Matters established in the Planning Regulation ............................................................................... 11
     5.1.2 State Planning Policy ......................................................................................................................... 11
6.0       Conclusion ...................................................................................................................... 11




Prepared by:
Jack Lewis – Senior Planner B.Sc Hons UNSW, M.Plan Otago
Martoo Consulting Pty Ltd

13/6 Bottlebrush Ave, Noosa Heads Q 4567 PO Box 1684, Noosa Heads Q 4567
T +61 7 5447 2550
38 Nash Street, Gympie Q 4570 PO Box 391, Gympie Q 4570
T +61 7 5482 7440

Date: 13/04/2018 – Version 1

© Martoo Consulting Pty Ltd 2018

The information contained in this document produced by Martoo Consulting Pty Ltd is solely for the use of the Client identified on the
cover sheet for the purpose for which it has been prepared and Martoo Consulting Pty Ltd undertakes no duty to, or accepts any
responsibility to, any third party who may rely upon this document.

All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or
transmitted in any form without the written permission of Martoo Consulting Pty Ltd.




         martoo consulting
         town planners + urban designers + development managers                                                                              page 2 of 11

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1.0 Summary

1.1 Development application details
 Proposed development:                               Reconfiguring a Lot – 1 into 2 residential lots and easements.
 Type of approval sought:                            Development Permit
 Site address:                                       20 Mitti Street, Noosa Heads
 Real property description:                          Lot 2 RP173874
 Site area:                                          1,373m2
 Assessment manager:                                 Noosa Shire Council
 Owner details:                                      Peter Loxton and Sarah Tritton
 Applicant details:                                  Jack Lewis C/- Martoo Consulting Pty Ltd


1.2 Planning instrument details
State planning policy:                               Relevant State Interest Policies (July 17)
Regional plan:                                       South East Queensland Regional Plan 2017
Designation:                                         - Urban Footprint designation.
Planning scheme:                                     The Noosa Plan (3 July 2017)
Locality:                                            Noosa Heads Locality
Zone:                                                Detached Housing Zone
Level of assessment:                                 Code
Overlays:                                            Natural Hazards
                                                           -   Potential Landslide Hazard (Not triggered as not involving
                                                               vegetation clearing or earthworks)
                                                           -   Potential Acid Sulfate Soils (Not triggered as not involving
                                                               earthworks)
Applicable codes:                                    Noosa Heads Locality Code
                                                     Reconfiguring a Lot
                                                     Landscaping Code
                                                     Engineering Works Codes


1.3 Referral agencies

Nil




      martoo consulting
      town planners + urban designers + development managers                                                         page 3 of 11

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2.0 Site details
2.1 Site description

Site                           Description
characteristic

Existing land use              Detached House

Existing structures            Detached House within two attached buildings.

Frontage             and 4.16m to Mitti Street
access

Topography           and The site slopes at a rate of approximately 17% from Mitti Street east towards
views                    an intermittent drainage line located between the existing buildings.

Existing vegetation            The site includes numerous palms and melaleucas, which are not proposed
                               to be removed as part of this proposal.
                               Adjoining the site to the east is the Noosa National Park.

Existing waterways             A small intermittent drainage line extends through the site from south to north
                               towards the ocean. The drainage line is not mapped as either a drainage
                               feature or waterway by the Water Act 2000.

Existing Approvals             There are no existing planning approvals over the site.
                               The initial three storey house was constructed in 1980. The addition to the
                               dwelling was approved in 2016 (PC16/0951).




                                                   Figure 1: Aerial view and zoning map




      martoo consulting
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  Figure 2: Photos looking along the driveway to the west (towards Mitti St) and east (towards the NP).




                        Figure 3: Photos of the driveway looking west and north (down Mitti St).

2.2 Surrounding land uses
Surrounding land uses
Surrounding land uses

North           The ‘Rainforest Terraces’ at 22 Mitti Street include five individual townhouses with a common
                laneway access with a central tennis court and pool on common property. Each building lot is
                ~350m2.

South           ‘Park Edge Court’ at 14 Mitti Street includes three individual townhouses with a common road
                connecting each of the buildings. Each building lot ranges in size from 358m 2 to 378m2.

East            The site adjoins the 2,870ha Noosa National Park to the east.

West            Adjoining the site to the west is 18 Mitti Street which is 607m2 and has 28m of road frontage.
                Across Mitti Street to the west is a nine unit development (15 Mitti Street - Alderley) and four
                unit development (13 Mitti Street).




        martoo consulting
        town planners + urban designers + development managers                                          page 5 of 11

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3.0 Proposed development details
Reconfiguring a lot

Existing lots                                                  1 detached house lot with access from Mitti Street

Proposed number of lots (subdivision)                          2 residential detached house lots with access, drainage
                                                               and service easements.


The application proposes to subdivide the existing 1,373m2 lot into 2 residential lots both gaining
access from Mitti Street. The connecting structure between the existing buildings is to be
demolished at plan sealing stage. The proposed size and dimensions of each lot is included below.

Lot Size                       Dimensions                      Easements               Access
1     697m2                    Irregular         shaped        Services and access     Shared access along existing driveway.
      (540m2     excluding     rectangle (average 25m x        (part)
      easements)               25m around existing
                               house)
2     676m2                    ‘L’ shaped lot (average         Drainage                Shared access along existing driveway.
      (603m2     excluding     40m x 25m around
      easements)               existing house)




                                                    Figure 4: Proposed subdivision plan




      martoo consulting
      town planners + urban designers + development managers                                                        page 6 of 11

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4.0 Planning assessment
4.1 Pre-lodgement
On the 16 March 2018, a pre-lodgement meeting was undertaken with Council officers Mark Lewis
(Senior Development Engineer) and Kerri Coyle (Manager Development Assessment) to discuss
planning requirements and key issues applicable to this development application.

Summary of key issues
Issue                 Council response                                 Applicant response
                      Assessment is required against the Overall       The plan of subdivision demonstrates suitable
Minimum
                      Outcomes of The Reconfiguring a Lot              onsite parking and turning for vehicles,
Lot Size
                      Code. The proposal will need to                  appropriate setbacks from existing buildings in
                      demonstrate suitable on site car parking         accordance with The Noosa Plan and a
                      and turning for vehicles, sufficient outdoor     dedicated drainage easement surrounding the
                      recreation space, and maintain appropriate       existing drainage line.
                      setbacks between the 2 existing buildings.       The following assessment also demonstrates
                      Overall, given the pattern of development        the proposed lot sizes are larger than the
                      in the area with many lots also falling below    surrounding development pattern, and allow
                      the minimum lot size, there is considered        for a suitably sized house on each lot with a
                      some merit for the proposal where the            sufficient curtilage area for open space around
                      above      matters     are     appropriately     the buildings.
                      addressed.
                      Demonstrate passing opportunities at the         The subdivision plan and associated access
Access
                      top and bottom of the battleaxe handle to        easements demonstrate cars are able to
                      negotiate the driveway. Due to the length        negotiate the driveway access without causing
                      of the access driveway it is also necessary      external impacts to Mitti Street. The proposal
                      for the internal driveway and easements be       plans also demonstrate suitable onsite
                      sufficient to allow vehicles to enter and exit   manoeuvring within a proposed access
                      the site in a forward gear.                      easement on proposed Lot 2.

Stormwater            The subdivision design shall avoid the           The lot boundaries provide for suitable
                      drainage path being located within both          setbacks to buildings while also ensuring the
                      lots. This might be resolved through             waterway is entirely contained within proposed
                      incorporating this waterway/drainage line in     Lot 2. A drainage easement with sufficient
                      common property/easement similar to the          width beyond the defined bank is proposed
                      manner in which other properties in the          along the boundary of Lot 2 allowing existing
                      area have been subdivided.                       stormwater from Lot 1 to utilise the easement
                                                                       and any future drainage works (if required).
Services              Provide a subdivision plan with relevant         The subdivision plan demonstrates a service
                      easement of all servicing to each new lot.       easement for water, sewerage connection,
                                                                       electricity and telecommunications can be
                                                                       provided for within an easement under the
                                                                       existing driveway.


4.2 Key issues
The proposal has been assessed against the relevant codes and generally complies with all
corresponding Specific Outcomes and Probable Solutions. Further discussion with regard to
assessment against the Specific and Overall Outcomes regarding Lot Size & Dimensions, Traffic &
Access, and Servicing requirements is provided below.



Lot Size and Dimensions


        martoo consulting
        town planners + urban designers + development managers                                              page 7 of 11

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Specific Outcome O1 requires new detached house lots have an area no less than 600m2 and
800m2 for battleaxe lots (not including any access easement), with an average width of 17m. The
proposed lots have an average width of 25m, are both battleaxe lots with an area of 676m2 and
697m2, thereby not strictly complying with the Specific Outcome.

The relevant Overall Outcomes of the Reconfiguring a Lot code seeks for lot sizes and dimensions
are appropriate for their intended use as a detached house. Each lot shall also provide for
compatible relationships between land uses, with suitable, safe and appropriate access.

Immediately to the west of the site (across Mitti Street) are predominantly attached units within the
Semi Attached Housing zone with an average size of ~150m2. The average lot sizes of the five
developed lots to the north and three developed lots to the south is 355m2. Council indicates these
adjacent lots were historically developed in this arrangement to allow for the natural drainage line to
remain in common property. A copy of the surrounding lot sizes and general drainage line path is
included as Figure 5 below.




                                   Figure 5: Adjoining lot sizes and indicative drainage lines

The proposed lot shapes and sizes are larger than the lots to the immediate north and south within
the Detached Housing zone and provides for single detached houses to be developed consistent
with the intent of the zone.

The proposed lot sizes and dimensions allow for the existing buildings to include a large enough
curtilage area around each house. As part of the subdivision, the ‘access link’ connecting the two
lots is proposed to be removed and a full kitchen and laundry may be constructed to establish a
separate detached house. A copy of the existing building approval plans are included as Figure 6
below.




      martoo consulting
      town planners + urban designers + development managers                                          page 8 of 11

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   Figure 6: Building approval plans with additions to the existing house and proposed subdivision plan

The proposed lot boundary between the existing buildings is a minimum of 2.5m from the existing
11m high building on proposed Lot 1 and is compliant with the relevant setback provisions of The
Noosa Plan. Each building also includes approximately 200m2 of site coverage and represents 33%
(Proposed Lot 1) and 37% (Proposed Lot 2) of site cover calculations relative to the proposed lot
sizes (not including easements). The resultant site cover will comply with the Detached House Code
provisions and is of a scale compatible with surrounding development. The design also maximises
the retention of vegetation between buildings and allows for a suitable area at ground level for
outdoor recreation, entertainment, clothes drying and vehicular access.

It is demonstrated that each lot affords sufficient outdoor open space areas around the buildings and
allows for access, services and waterways to be contained within common easements.

The subdivision design meets the relevant Overall Outcomes of the Reconfiguring a Lot code
pertaining to lot size and dimensions.

Traffic and Access

The Specific Outcomes of the Reconfiguring a Lot code seek for traffic generated by the
development does not have an adverse impact on the functioning of the road network, and the
access easements are in appropriate locations and widths to cater for the vehicles that will use
them.

The design allows for two cars to pass within an access easement at the bottom of the driveway and
a sufficient area within the existing driveway (off the main carriageway of Mitti Street). This proposal
replicates the existing onsite situation and allows for users to negotiate the battleaxe handle in a
forward gear (see Figure 7).




      martoo consulting
      town planners + urban designers + development managers                                    page 9 of 11

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                                                    Figure 7: Design vehicle swept paths

The corresponding access easement encumbering proposed Lot 1 and benefiting proposed Lot 2
are in appropriate locations for safe access and egress, without impacting Mitti Street or the
adjoining neighbour’s access. The plans demonstrate appropriate widths and levels of service for
the number of vehicles that will utilise the driveway access, consistent with the Specific Outcomes of
the Reconfiguring a Lot code.

Servicing

The site is able to connect to all infrastructure services including:

   -     Reticulated water within the Mitti Street frontage with house connections extending under the
         existing access driveway.
   -     Accessible water supply for firefighting purposes within Mitti Street.
   -     Underground electricity supply and telecommunications within the frontage of the site with
         house connections extending under the existing access driveway.
   -     The existing Unitywater sewerage main extends under the existing house on proposed Lot 2.
         The building on proposed Lot 1 is currently connected to the sewer with a small pump
         connecting into the existing sewerage line. Any future house connection for a separate
         house can will be located within the easement under the driveway.
   -     Both lots are able to connect in to the proposed drainage easement extending through the
         site.

There is no vegetation required to be removed to accommodate the servicing of each lot and the
proposed boundaries have been located to avoid existing trees within the site. The subdivision is
able to connect into all relevant infrastructure and services consistent with the Probable Solutions
and Specific Outcomes of the Reconfiguring a Lot Code and Engineering Works Codes.




       martoo consulting
       town planners + urban designers + development managers                                  page 10 of 11

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5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The following assessment benchmarks are
applicable and have been appropriately considered in preparing this development application:

State interest                               Assessment against assessment benchmark
Water Quality                                The State Planning Policy requires any reconfiguring a lot application
                                             involving 6 or more lots to meet the stormwater management design
                                             objectives in Appendix 2. The proposed 2 lot subdivision does not meet
                                             the threshold for requiring onsite water quality treatment and is nt
                                             required to provide onsite water quality treatment.
Bushfire Hazard                              The State Planning Policy requires any reconfiguring a lot application
                                             development mitigates the risks to people and property to an
                                             acceptable or tolerable level. The site is adjacent to a rainforest and is
                                             not mapped within an identified bushfire hazard area or buffer area.


6.0            Conclusion
This application seeks a Development Permit for Reconfiguring a Lot (1 into 2 residential lots and
easements) within the Detached Housing zone at 20 Mitti Street, Noosa Heads. The proposal is
code assessable development under The Noosa Plan. The assessment finds the development
meets the relevant Overall Outcomes of the Noosa Heads Locality, Reconfiguring a Lot,
Landscaping and Engineering Works Codes.

This report includes a number of grounds supporting the proposed development, including:

      -     The proposed lot sizes are larger than those existing immediately north and south within the
            Detached Housing zone, and is consistent with the developed character of the
            neighbourhood;

      -     The design provides for lot sizes and dimensions that are appropriate for their intended use
            as residential houses, including suitable open space areas within each building’s curtilage;

      -     All lots can be serviced by way of effective and efficient provision of relevant infrastructure;

      -     The proposed boundaries have been located to not have an unacceptable impact on existing
            drainage features and adjoining premises; and

      -     Suitable, safe and appropriate access is provided to each lot.

The Assessment Manager’s favourable consideration of the above development application is
therefore recommended.


          martoo consulting
          town planners + urban designers + development managers                                             page 11 of 11

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