Council Report RAL22 0001

RAL22/0001 – Application for reconfiguration of a lot (1 into 2 lots) at 9 Maple Street, cooroy
Author	Development Planner, Georgina Schramm
Environment and Sustainable Development Department

Index	ECM/ Applications/ MCU22/0001

Attachments	Nil.

APPLICATION DETAILS
Applicant	Noosa Shire Council C/-Brennan Planning Pty Ltd
Proposal	Reconfiguring a Lot
Properly Made Date	31 January 2022
Information Request Date	14 February 2022
Information Response Date	5 May 2022
Decision Due Date	21 July 2022
Number of Submissions	Not applicable
PROPERTY DETAILS
Property Address	9 Maple St Cooroy Qld 4563
RP Description	Lot 3 SP 230055
Land Area	10532.000 m²
Existing Use of Land	Community Use (Library) and Park
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Recreation and Open Space Community Facilities
Precinct	Not applicable
Local Plan Area	Cooroy Local Plan
Overlays	Biodiversity, Waterways and Wetlands Flood Hazard Heritage and Character Area
Assessment Type	Code
executive summary
The applicant seeks to subdivide an existing lot into two freehold lots. The subject lot, Lot 3 SP 230055, is currently divided by a road, with the Hinterland Adventure Playground on the north-western side of Marara Street, and the community library on the south-eastern side. The subdivision will formalise the division of land by the road.
The proposal plans provided include road reserve along Maple Street which is to be permanently closed by the Department of Natural Resources, Mines and Energy (DNRME).
No building works are required to be undertaken in association with the immediate development application. The subdivision is solely for the purpose of formalising the existing divide of the lot by Marara Street.
The application is recommended for approval subject to conditions.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting of 12 July 2020 regarding RAL22/0001 for a Development Permit for Reconfiguring a Lot (1 Lot into 2 Lots) situated at 9 Maple Street Cooroy and:
Approve the application in accordance with the following 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
21-5373AB	-	Plan of Proposed Reconfiguration of Lot 3 on SP327330 prepared by Max Watterson + Associates	12 January 2022
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
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 21 July 2026, unless an application to extend the currency period is approved by Council.
Road Closure
An application is to be made to the Department of Natural Resources, Mines and Energy (DNRME) to permanently close the section of road reserve along the Maple Street frontage of proposed Lot 31.
If the application is approved, or approved in part, the area of road reserve is to be amalgamated with adjoining lot(s) and no additional lots created.  If the application to close the road is refused, a copy of the advice from the DNRME stating that fact must be submitted to Council prior to the signing of the Plan of Subdivision.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice.
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement.
all utility services and connections (e.g. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement.
all existing effluent disposal areas are wholly located within the lot they serve and comply with the boundary setback requirements of the Plumbing and Drainage Act 2002 and associated codes and requirements.
all dams (including ponded water, dam walls and associated spillway structures) are wholly located within the boundaries of a single lot.
all retaining walls and structures are fully contained within the lot they retain.
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties.
for the community title scheme, the road pavement changes required by this Decision Notice accurately demarcate the boundaries of the public and private land.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each lot.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
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
Existing easement Emt A on RP87371 (Easement for Access within Lot 3 on SP327330 to benefit Lot 1 on RP87371 – RP87371 is now contained within Lot 5 on SP213104) is no longer relevant for its intended purpose, and must be extinguished prior to sealing of the survey plan.
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.
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.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The proposed development application is for the purpose of Reconfiguring a Lot (1 into 2 lots) on land at 9 Maple Street, Cooroy, described as Lot 3 SP230055. Lot 3 SP230055 is currently severed by a road, with the Hinterland Adventure Playground on the north-western side of Marara Street, and the community library on the south-eastern side. The subdivision will formalise the division of land by the road.
In conjunction with the development approvals dated 4 February 2021 relating to the parkland on the north-western side of Marara Street, three permanent road closure applications are required to wholly contain the infrastructure associated with the playground on the respective lots.
The proposal plan provided in support of the current application includes a portion of road reserve which is yet to be formally closed and absorbed into proposed Lot 31. The below proposed lot sizes include the area of road reserve to be absorbed into proposed Lot 31.  This area of reserve equates to approximately 800m2.
Proposed Lot 30 will contain the Library and occupy an area of 5,187m2.
Proposed Lot 31 will contain the Park and occupy an area of 6,068m2.
The existing vehicle access arrangements will remain unchanged.

Figure 1 – Locality

Figure 2 – Proposal Plan

Figure 3 – Indication of area of road reserve to be permanently closed

Figure 4 – Section of road reserve to be permanently closed
site details
Background
On 27 January 2021, Council issued two developments permits for land at 1, 3 & 9 Maple Street, Cooroy, including Lot 3 RP230055 which is the subject parcel land. The approvals are specifically for:
Development Permit for Material Change of Use of Premises (Open Space Type 1 Sport & Recreation - Playground) (Council Ref. MCU21/0013)
Development Permit for Material Change of Use of Premises (Transport Type 2 Carpark)
On 11 December 2020, the Department of Natural Resources, Mines and Energy (DNRME) provided letters of offers to Council in relation the purchasing of land for permanent road closure, see Figures 3 and 4 for reference.
Site Description
Lot 3 SP230055 is 10,446m2 and contains parkland and the Cooroy Library. The north-western portion of the lot contains the Hinterland Adventure Park and easement to the Lower Mill site on the northern side of Cooroy Creek.
Maple Street forms the south-western boundary of the site and includes a wide road reserve and associated footpath area. Cooroy Creek Bushland Reserve forms the northern boundary of the site and is well vegetated with a range of mature native trees. Marara Street extends through Lot 3 and forms the south-eastern boundary of the site.
Cooroy Creek forms part of the northern boundary.
Surrounding Land Uses
The subject site is located north of the main business centre of the Cooroy township, and south of the Lower Mill industrial area.
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;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Recreation and Open Space Zone Code;
Community Facilities Zone Code;
Environmental Management and Conversation Zone;
Cooroy Local Plan Code;
Reconfiguring a Lot Code;
Biodiversity, Waterway and Wetlands Overlay Code;
Flood Hazard Overlay Code;
Heritage and Character Overlay Code; and
Works Code.
Locality Provisions
The subject site is located in the Cooroy Locality and is zoned Recreation, Open Space, and Community Facilities and Environmental Management and Conversation Zones. The proposed reconfiguration is required to follow a code assessable application process.
Reconfiguring a Lot
The proposed subdivision of land encompasses three zones, the Recreational and Open Space Zone, Community Facilities Zone and Environmental Management and Conversation Zone. The subdivision of land will more appropriately allow the library to be wholly contained in the Community Facilities Zone, and the parkland to be generally contained within the Open Space Recreation Zone and the Environmental Management and Conservation Zone.
The subdivision of land is in accordance with the minimum lot areas for the zones of the Reconfiguring a Lot code.
Biodiversity, Waterway and Wetlands
The majority of Lot 3 SP230055 is located in the riparian buffer of the Biodiversity, Waterway and Wetlands Overlay. The reconfiguration will not be of impact to the buffer areas as the proposal follows the existing division of the lot, as a result of Marara Street.
Subdivision of land which is identified in the riparian buffer is unique and is typically not supported. However, in considering the proposal is formalising the existing division of the lot and will not incur any works which will compromise the buffer, subdivision through the riparian buffer is considered reasonable.
Flood Hazard
The proposed reconfiguration will not increase the risk of the people or property in the event of a flood. The proposal of subdivision is for the purpose of separating the two separate land uses and respective zonings.
Heritage and Character
The south-eastern side of the subject parcel of land is located in a character area and is identified as a Local Heritage Place of the heritage and Character Area Overlay of the Noosa Plan. The proposal will not change the public’s accessibility or visibility of the premises.
cONSULTATION
Referral Agencies
The application was referred to the following Referral Agencies:
Department of State Development, Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Reconfiguring a lot near a state transport corridor.
The Department has responded advising that SARA has no requirements relating to the application.
Internal Council Referrals
The application was forwarded to the following internal Council officers:
Engineering Officer – as conditioned.
The applicant has addressed the engineering Information Request items raised though the existing easement Emt A RP87371 – which the applicant claims to be an access easement in favour of lot 5 on SP213104 – seems to be obsolete. A condition for extinguishing this easement has been provided.
Three other easements are proposed to be created. These are to accommodate existing sewerage infrastructure which will be inside the subject lots after being reconfigured – these easements are to benefit Unitywater.
conclusion & REASONS FOR DECISION
The proposed reconfiguration raises one point of potential non-compliance with the Noosa Plan 2020. This relates to subdivision of land where located in the riparian buffer of the Biodiversity, Waterway and Wetlands Overlay. However, in considering the uniqueness of the proposal being for the purpose of formalising the division of the lot by any existing road which will not incur any building works, and will allow for the separation of the Community Facilities Zone, and Recreation, Open Space, and Environmental Management and Conversation Zones, the proposal is recommended for approval subject to conditions.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 JULY 2022

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