ASTP-Reps_for_NDN

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            Condiiton 3 plan amendment table & Condition 15
            Protection of Privacy
             To ensure privacy is protected between adjoining properties, the windows located on the
            upper south western and north eastern building faces of Units 1 to 3 must either:
            a. have a minimum window sill height or of 1.7 metres above floor level; or
            b. be fitted with translucent glazing; or
            c. be fitted with a fixed external screen.

Representation
The applicant has requested that Council amend any typos in the apprvoals, with particular reference to the
above condition and similar plan amendment regarding privacy treatment options. In regard to the above
condition, it is understood that only one of the options listed above is needed to ensure privacy is protected and
it is requested that Council amend the condition to reflect these options.



            Condition 20
            Fencing along the south-western side boundary to the adjoining property is not to exceed 1.8
            metres in height from existing natural ground surface levels as detailed on the approved plans.
            No retaining walls are to be located along on the western side boundary of the site along side,
            where interfacing with unit 1.

Representation
As per our recent discussions with the Assessing Officer, it is requested to clarify the intent of this condition with
revised wording as shown in red above.



            Condition 21
            Landscaping Works
            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:
                a. planting of shrubs and trees to the site’s frontage that will visually frame and soften
                     the presentation of the built form to the street;
                b. provision of screen planting along the side and rear boundaries to protect the privacy
                     of adjoining properties;
                c. provision of 2 x 45 litre street trees within the Tewantin road reserve. Suggested species
                     include:
                          • Syzygium oleoseum
                          • Backhousia myrtifolia
                          • Backhousia citriodora
                          • Callistemon viminalis
                          • Tristaniopsis laurina

Representation
It is requested that Council amend Condition 21, which requires street trees to be provided to the Tewantin
Road verge. It is intended to retain the existing street trees in the verge and not remove these mature trees to




Our ref: 220219                                                                                             Page 2 of 6

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plant new trees. Currently there is not sufficient space to plant new trees when considering the location of the
existing trees and approved driveway access to Unit 1, as shown in Figure 1 below.




                                                                                  Site Boundary




                                                                                    Approx driveway
                                                                                       location




                                                                                                        Existing
                                                                                                      street trees


Figure 1 Subject site and existing street trees to Tewantin Rd verge (Source: QLD Globe 2023 + ASTP site visit photos 2023)

This outcome is appropriate on the basis that the Planning Scheme seeks the retention of exsiting mature trees,
particularly those that significantly contribute to the character of a prominent streetscape (i.e. Tewantin Road),
over the planting of new trees that take years, if not decades to grow to fulfilment.

We therefore request that Condition 21 be amended as follows:




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            Amended Condition 21
            Landscaping Works
            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:
                a. planting of shrubs and trees to the site’s frontage that will visually frame and soften
                     the presentation of the built form to the street;
                b. provision of screen planting along the side and rear boundaries to protect the privacy
                     of adjoining properties;
                c. retain the existing mature street trees within the Tewantin road reserve; OR
                d. where the existing street trees cannot be retained provide instead provision of 2 x 45
                     litre street trees within the Tewantin road reserve. Suggested species include:
                          • Syzygium oleoseum
                          • Backhousia myrtifolia
                          • Backhousia citriodora
                          • Callistemon viminalis
                          • Tristaniopsis laurina



            Conditions 25(b), (c) & (d)
            Waste Management
            A waste storage area must be designed and maintained in accordance with Planning Scheme
            Policy PSP9 Waste Management and the Noosa Plan’s Waste Management Code.
            The waste storage area must be:
                 a. imperviously paved and correctly sized for all refuse and recycling containers;
                 b. bunded and graded so that wastewater and bin leakage drain to the sewer;
                 c. provided with a conveniently located hosecock and backflow prevention device,
                     connected to a water supply to service the area; and
                 d. roofed or otherwise covered.

Representation
It is requested that Conditions 25(b), (c) & (d) be removed from the Development Permit on the basis that the
units will function in a similar way to traditional dwelling houses and use standard 240L waste bins, rather than
bulk bins. The residents will store their domestic waste bins alongside their respective unit in the same way a
normal dwelling house resident would. This outcome is appropriate given the scale of the development and that
bin store areas will be screened by boundary fencing.



            Condition 29
            All clauses and by-laws of the proposed Community Management Statement must accord with
            the requirements of this Decision Notice and, in particular, must include the following additional
            clauses:
            29.1. The dwelling units are not permitted to be used for short term accommodation, unless
            where identified as accepted development by the Noosa Plan or there is a Development Permit
            for Material Change of Use for Short Term Accommodation in effect. Short term
            accommodation means the use of the premises for providing accommodation of less than 3
            consecutive months to tourists or travellers.




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Representation
The applicant seeks that Condition 29.1 be removed from the Development Permit on the basis that it is already
not permitted under the Planning Scheme for short-term accommodation to be carried out on the site without
a separate material change of use approval being granted. The provisions referenced above are already able to
be enforced by law without being specifically detailed in a Community Management Statement.



            Condition 32(c)
            Olivine Lane 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, be generally in
            accordance with BAX Engineering’s Siteworks and Drainage Layout Plan (316-001-300, Rev.
            B) dated 18 July 2023, and must include in particular:
                 a. construction of kerb and channelling and underground stormwater drainage to the
                     development side only;
                 b. widening and sealing of the existing road pavement to the new kerb line; and
                 c. grass seed or turfing and topsoil to the new verge area.

            This is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.

Representation
The applicant would like to seek an amendment to the above condition to allow grass seed to be provided in the
Olivine Lane verge in lieu of turf, given the success that this method of grass planting has had in the region.



            Condition 33 & 35
            Site Access and Driveways
            33. A sealed access driveway must be provided from Tewantin Road to the all parking and
            manoeuvring areas of Unit 1 the development. The works must be undertaken in accordance
            with an Operational Works approval and be generally in accordance with BAX Engineering’s
            Siteworks and Drainage Layout Plan (316-001-300, Rev. B) dated 18 July 2023.

            35. A sealed access driveway must be provided from Olivine Lane to the all parking and
            manoeuvring areas of Units 2 and 3 the development. The works must be undertaken in
            accordance with an Operational Works approval and be generally in accordance with BAX
            Engineering’s Siteworks and Drainage Layout Plan (316-001-300, Rev. B) dated 18 July 2023.

Representation
Due to the approved layout of the site, and changes in levels, it is not possible to access all parking and
manoeuvring areas of the development from each frontage. It is therefore requested to amend the wording of
these conditions shown above.



            Note 5
            Should the outstanding matters raised in this approval be addressed to Council’s satisfaction,
            Council may change the approval to a Development Permit through the Negotiated Decision
            Notice process.




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Representation
Note 5 is not applicable and should be removed for completion.



These representations complete our response to Council’s Decision Notice and conditions of approval. We look
forward to the Negotiated Decision Notice being issued by Council in accordance with the relevant provisions of
the Planning Act 2016.

As always, please feel free to contact me direct should you require any additional information or clarification.

Yours faithfully,


ADAMS + SPARKES
TO WN P L ANN ING




Aspen Dunn
TOWN PLANNER




Our ref: 220219                                                                                         Page 6 of 6