Letter to Noosa Council - 20 Mitti Street Final_ · RAL20/0005

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subject land contains a dwelling (proposed Lot 2), including an extension constructed over proposed
Lot 1 (refer Attachment 3).

The extension to the dwelling was accepted development 1 under the Noosa Plan 2006 (planning
scheme). This is because the extension complied with the acceptable solutions under the Building
Works Code2. In accordance with section 45 of the Planning Act 2016 (PA2016), and section 27(f) of
the Planning Regulation 2017 (PR2017), the current development approval for building works for the
extension and its use as part of a Detached House are relevant to the assessment.




Figure 1 – Aerial Photograph

Site and Surrounds

The subject land is located on the eastern side of Mitti Street and has an area of 1,373m² (refer Figure
1). Access to the land is obtained directly from Mitti Street. The land falls to a natural drainage line
and gully towards the east. The existing dwelling is located towards the west with the extension
located towards the east. The dwelling and the extension are joined by an elevated walkway (refer
Attachment 3).

The existing dwelling and the extension are not clearly visible from Mitti Street, being located behind
18 Mitti Street and having a lower elevation than the existing roadway. The subject land is secluded
being located in a vegetated setting with the eastern boundary adjoining the Noosa National Park.



1
    Noosa Heads Locality Code, Table 9.10
2
    Part 14, Division 11 – Building Works Code

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No significant vegetation is located on the land that is required to be removed to facilitate
development.

The land is partly located within an overland flow path which predominately maintains a low flow
volume but is affected by localised stormwater flows during a 1% AEP event. The extent of localised
flooding across the land, as well as the velocity and duration of flow has been considered by the
hydraulic expert. In order to facilitate a resolution of the Appeal, the Appellant instructed its consultant
to prepare further options above those set out on the First joint Expert Report of the flooding experts,
dated 2 August 2019 which propose works on site to minimise the risk from flooding.

One of the options put forward (Option 1) (Attachment 4) has been accepted by the Council (refer
Attachment 7). The advice from the hydraulic expert has also considered the flooding impact caused
by the proposed development on adjoining residential properties. Importantly, the flooding impacts
relate to the proposed development only, with the dwelling, the extension and access ways already
existing on the land.




Figure 2 – Aerial Photograph (source QLD Globe)

The extension to the dwelling complies with acceptable solutions with respect to Flooding, drainage
and earthworks (S2.1 and 2.3) under the Building Works Code. Consequently, the matter of flooding
is only relevant to the application being considered, which is for reconfiguring a lot and a material

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change of use for the existing extension to be used a Detached House. This is despite the existing
extension to the dwelling already forming part of the existing Detached House use, with minor
building works only being required to make the use compliant with the planning scheme.

The surrounding land is characterised primarily of dwellings on the eastern side of Mitti Street, with
several unit developments located on the western side. To the immediate north is a group housing
development comprising allotments that are about 350m² in area. Adjoining the site to the west is an
allotment having an area of about 600m². To the south is another group housing development
comprising allotments that are also about 350m² in area. Therefore, the surrounding land to the east
of Mitti Street is comprised of generally of dwellings on allotments that are about 600m² in area and
have a low-density residential character and amenity (Figure 2).

Development Proposal

The reconfiguring a lot component seeks to create proposed Lot 1 having an area of 711m² and
proposed Lot 2 having an area of 662m² (refer Figure 3). Access to proposed Lot 1 will be by way of
access easement over the existing driveway from Mitti Street to the western property boundary.




Figure 3 – Proposed reconfiguring a lot

In order to deal with stormwater drainage and localised flooding issues affecting the land, the
applicant intends to construct an open drainage channel along the western boundary of proposed
Lot 1, as shown. This will also result in a more useable open space area provided to the west of the
existing extension to the dwelling.

The proposed flood mitigation works will improve the existing access and level of safety to residents
occupying either the existing dwelling and the proposed Detached House (extension) (refer
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Attachment 4). The flood mitigation works being proposed on the land are not required for the
existing development. It is also intended to provide a covenant over proposed Lot 1 to advise future
owners of the flooding risks and maintenance responsibilities.

The applicant intends to erect a 1.8m solid fence along the adjoining boundary for proposed Lot 1
and Lot 2. Compliant pool fencing will be provided around the proposed open channel area. The
applicant also intends to raise the level of the access driveway by constructing 600mm x 300mm box
culverts in accordance with the advice provided by the hydraulic expert (refer Figure 3).

The application also includes a material change of use component for a Detached House on proposed
Lot 1. It is intended that the subject land will be reconfigured before the extension to the dwelling is
converted to a Detached House. That is, the proposed Detached House will not constitute a Dual
Occupancy on the subject land as defined. To that end, the reconfiguring a lot needs to occur before
the extension can be used as Detached House and therefore is not “piecemeal”. Otherwise the use
would be a Dual Occupancy by definition.

The floor plans for the detached house have been amended to include a kitchen and laundry. Further,
the elevated interconnecting walkway between the existing dwelling and the extension will be
modified to provide flood free pedestrian access from the proposed Detached House on Lot 1. This
new walkway will be less than 1m in height where extending along the western boundary and
returning to the existing driveway.

The elevated walkway will contain a balustrade along the eastern edge to prevent access to the open
channel by children. This balustrade will be designed to interconnect with the pool fencing that
surrounds the proposed open channel area as detailed in Attachment 4 and shown in Figure 3.

Planning Scheme

The application made is for a development permit for reconfiguring a lot for the creation of two (2)
allotments from a single allotment and for a material change of use for a Detached House on proposed
Lot 1 (refer Site Plan – Figure 3).

The subject land is located within the Noosa Heads Locality and is included in the Detached Housing
Zone (refer Map ZM6). The land is also affected by the Natural Hazards Overlay, being designated a
Landslide Hazard Area (refer OM6.3). The land is not affected by any other overlays, including the
Flood Hazard Overlay.

Under the assessment table for development other than a material change of use (Table 9.10), the
proposed reconfiguring a lot is code assessable against the Noosa Heads Locality Code, Reconfiguring
a Lot Code, Landscaping Code and Engineering Works Codes.

Under Table 9.1, this being the assessment table for the Detached Housing Zone, a Detached House
is accepted development where meeting Column 2 of Table 14.28 of the Detached House Code. If the
proposed Detached House does not comply with the acceptable solutions under Table 14.28, then

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the Detached House use is code assessable against the relevant assessment benchmarks. An
assessment of the Detached House is not required against the Noosaville Locality Code or any other
code.

Importantly under part 2.6.4 of the planning scheme, at (a), … accepted development does not require
a development approval and is not subject to the assessment benchmarks. Further, at (d)ii(a), where
code assessable, … be assessed against the assessment benchmarks for the development application,
limited to the subject matter of the required acceptable solutions that were not complied with or were
not capable of being complied with … . It is also noted under section 27(3) of the PR2017, … an
assessment manager may, in assessing development requiring code assessment, consider an assessment
benchmark only to the extent the assessment benchmark is relevant to the development.




Figure 3 – Site Plan

It is not unusual for a development application for reconfiguring a lot to be made in isolation. The
proposed reconfiguring a lot is to comply with the relevant codes having regard to the Detached
Housing Zone with the intended and primary use being a Detached House. Once the land is created
the proposed use of the land (Detached House) needs to be considered against the relevant
assessment tables for material change of use applicable to that zone. The use of the land once created
can be either accepted development, or development requiring code or impact assessment. There is

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no requirement under the planning scheme to lodge a combined application for reconfiguring a lot
and material change of use.

Noosa Heads Locality Code

While the application is a combined application, according to the assessment tables referred to above,
the Noosa Heads Locality Code only applies to the reconfiguring a lot component, being code
assessable.

Under Part 9.7.1 of the Noosa Heads Locality Code, the overall outcomes are the purpose of the Code.
Under part 9.7.2 the most relevant overall outcomes include (a) and (nn).

Having regard to overall outcome (a), the proposed development:
   i.  is compatible with other uses and works in the locality;
  ii.  will maintain the safety of people and works;
 iii.  will not have a significant impact upon the amenity enjoyed by users or other premises,
       including acoustic and visual qualities; and
 iv.   avoids any significant adverse effect on the natural environment.

Having regard to overall outcome (nn), specially for the Detached Housing Zone:
   i.  the development has a low site impact and is a low-density development form having a
       domestic scale;
  ii.  maintains a high level of residential amenity;
 iii.  the allotment sizes and density are consistent with the character of the neighbourhood;
 iv.   the existing building style will remain unchanged and is befitting of the character of the
       locality, and is integrated with the site characteristics including slope and vegetation; and
  v.   landscaping can be provided amongst the existing buildings with trees and vegetation to be
       retained where practicable, save the operational and building works required to address the
       localised flooding issue.

Under Table 9.11, the most relevant specific outcomes include O1 – Amenity, O6 – Density, O8 –
Setbacks (existing structures), O16 – Flooding and drainage, O17 – Sloping Sites and ridgelines and
O20 – Environmental. The specific outcomes relevant to building form including O7 – Height, O9 –
Site cover, gross floor area and plot ratio, and O15 – Roof form are matters to be considered under
the Detached House Code, which is addressed below.

Amenity 01:
The proposed reconfiguring a lot providing for allotment sizes of 711m² for Lot 1 and 662m² for Lot
2, are of sufficient size to provide for a Detached House. The uses have been located and designed to
avoid significant adverse impacts for users of associated, adjoining or nearby uses.

Density O6:




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The density being proposed is compatible with the surrounding development. Further, has a low site
impact which will enhance the opportunity to maintain natural site characteristics, including native
vegetation and natural landforms.

Setbacks O8:
The building setbacks for existing buildings is relevant to a development application for reconfiguring
a lot. This is in terms of the location of boundaries relevant to existing structures. The existing dwelling
and the extension to the dwelling comply with the minimum setbacks identified in Schedule 1 –
Minimum Boundary Setbacks in accordance with S8.1.

The existing extension on proposed Lot 1 has a 1.5m setback to the lower level (pool) and a 2m setback
to the upper level in accordance with the Table 1-1 for the Detached Housing Zone. The rear boundary
is treated as another boundary where adjoining public open space, which in this case is the Noosa
National Park. Further, the extension is more than 6m from the front boundary of proposed Lot 1. The
existing dwelling on proposed Lot 2 is setback mostly 2.5m from the proposed new adjoining side
boundary, with a corner of the roof setback 1.5m (refer Figure 2).

In accordance with specific outcome O8, the existing dwelling and the extension to the dwelling have
been designed and sited to:
     a) preserve the amenity of users of the premises as well as the visual and acoustic amenity of
        adjoining and nearby properties;
     b) the uses (Detached House) provides adequate distance from adjoining land uses;
     c) allows for landscaping to be provided between buildings; and
     d) does not impact upon the streetscape.

Flooding and drainage O16:
The extension to the dwelling, including all habitable rooms within proposed Lot 1, is located 300mm
above the specified minimum floor level requirement in accordance with S16.1. The extension to the
dwelling is a combination of slab on ground and suspended floor construction. The filling undertaken
does not extend more than 1m beyond the building footprint and access to carparking areas, in
compliance with S16.3 (refer Attachment 6). Further, the carparking and manoeuvring areas are
constructed at a level that permits the parking area to drain by gravity means in accordance with
S16.4.

In accordance with specific outcome O16, the proposed development includes other works for the
construction of an open channel area and raising the height of the existing driveway. Safe access is
provided during a 1% AEP event. These works are shown on the proposal plans and detailed by the
hydraulic expert as Option 1 (refer Attachment 4). The assessment manager has accepted the works
contemplated by Option 1 would resolve the concerns previously expressed for the current
reconfiguration application (Appeal D30 of 2019 - refer Attachment 7).

In any event, pursuant to O16, the proposed building and other works have been designed and sited
to:
     a) provide flood free access to the premises and flood free habitable areas;

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     b) allow only for minor, short term and infrequent flooding of non-habitable areas noting that
        all non-habitable areas are located above the minimum flood level requirement in any event;
     c) provide carparking areas are adequately drained;
     d) ensure the proposed drainage has been specifically designed to not impact upon other
        premises; and
     e) ensure to ensure the filling and excavation will not cause ponding, will not increase flooding
        and will not adversely affect the flow of water in the overland flow path.

Sloping sites and ridgelines O17:
The proposed development:
   a) is responsive to the natural topography of the site and has minimised cut and fill;
   b) will not visually dominate the hill slope or interrupt views; and
   c) is integrated with the natural site characteristics including vegetation.

Environmental and cultural heritage values O20:
The proposed development will not cause significant adverse effects on biodiversity, native
vegetation, habitats, landscape quality, water quality or cultural heritage values, but will result in some
changes to natural drainage and potentially erosion and the transportation of sediments off site. These
works are proposed to address onsite flooding issues and the works will not adversely impact upon
environmental values, with erosion and sedimentation controls able to be conditioned.

Given the assessment above, the proposed reconfiguring a lot complies with the Noosa Heads Locality
Code and or can be conditioned to comply.

Reconfiguring a Lot Code

Under part 14.181.1, the overall outcomes are the purpose of the Reconfiguring a Lot Code. Having
regard to part 14.181.2, the most relevant overall outcomes are discussed below:
   a) the lot sizes and dimensions are appropriate for their intended use this being for detached
       housing consistent with the nature, type and character of development in the locality and
       maintaining a high level of residential amenity;
   b) the development maintains the same residential land uses in the locality (discussed above);
   c) the proposed lots have suitable, safe and appropriate access;
   d) the proposed development, including the existing buildings and works will not have any
       adverse impact upon the existing drainage line or an environmentally sensitive area;
   e) the proposed development does not impact upon the road network;
   f) …;
   g) the proposed lots will not have any impact on the natural environment and landscape. Further,
       the proposed development and works will not worsen, but in fact will minimise and improve
       the level of risk to people and property having regard to localised flooding during a 1% AEP
       event (refer comments above and below);
   h) the proposed allotments can be readily serviced in an effective and efficient manner with
       reticulated services being available to the subject land;
   i) …

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       j) …
       k) the orientation of the allotments is set given the minor nature of the development and the
          location, with the extension to the dwelling already established on the land, which will be used
          for detached housing, consistent with the Detached Housing Zone;
       l) the proposed development is entirely consistent with the developed character of its
          neighbourhood;
       m) … .

Having regard to the above, the proposed development complies with the relevant overall outcomes
and meets the purpose of the Reconfiguring a Lot Code.

With respect to Table 14-66, the following comments are made about the most relevant specific
outcomes:

Lot Size and Dimensions:
O1 Lots have the appropriate area and dimensions for:
   a) the intended use is for Detached Housing with minor building work being proposed. The
       existing structures have adequate building setbacks, private open space and on site
       manoeuvring for vehicles. While the proposed allotments technically do not meet the
       minimum allotment size of 800m² under Table 14-68, the allotment sizes are well above the
       minimum lot size of 600m² for the Detached Housing Zone, contain existing buildings and are
       adequate for the intended use as a Detached House;
   b) while proposed Lot 1 is not above the 1% AEP localised flood level:
           i.  the extension to the dwelling, this being the house site area 3 for the proposed
               Detached House, is located above the 1% AEP flood level, which is existing;
          ii.  the existing house site area (extension to the dwelling) is sufficient for the intended use
               containing habitable and non-habitable areas, is serviced by an adequate access
               driveway and provides for ancillary works including a swimming pool, play and
               recreation area (outdoor living area) and lockable storage in the garage (refer
               Attachment 2). Further, with the construction of open channel area as shown on the
               proposal plans in accordance with Option 1 (refer Attachment 4) also provides for a
               useable open space area beside the proposed dwelling;
         iii.  the works proposed (in accordance with Option 1), including construction of a fenced
               open channel area, the raising of the access driveway with box culverts, the erection of
               pool fencing to the east of the extension, and the modifications proposed to the
               elevated walkway, minimise the risk to people and property. These works substantially
               improve the level of risk to residents and visitors of the existing and proposed dwelling;
               and
         iv.   the provision of a covenant on the title of proposed Lot 1 makes new owners aware of
               the flooding impacts and aware of the ongoing maintenance responsibilities;
   c) the development proposed is not a community title;



3
    Part 2, Administrative Terms, page 2-28

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    d) the existing extension to the dwelling has been sited, designed and constructed to minimise
       the risk from stormwater flow and localised flooding, in accordance with the requirements of
       the Building Works Code;
    e) the proposed development will not have any impact upon water quality with limited works for
       the provision of services being required;
    f) the proposed development does not require further building work however operational works
       is proposed for the raising of the existing driveway and access and for the construction of the
       open channel area. The proposed works will not have a significant impact upon natural
       environmental values, including native vegetation;
    g) … ;
    h) minimal earthworks are required to minimise the risk of flooding onsite with no further
       building works being intended, other than for the elevated walkway, which does not require
       earthworks;
    i) the private open space areas within the proposed allotments are to be landscaped and
       maintained; and
    j) convenient vehicle access, onsite manoeuvring and parking is provided for both dwellings on
       the proposed allotments.

Having regard to the above, the proposed development complies with specific outcome O1. In my
opinion, if there is any inconsistency with this provision, in particular (b) above, the level of
inconsistency is of a technical nature only.

Lot Layout:
O4 Subdivision of land for residential development provides for a neighbourhood with a strong and
positive identity. To the extent relevant, the proposed development does not offend any of the specific
outcomes and is entirely consistent with the nature and character of the locality and will not result in
any unacceptable town planning consequences.

O5: While the extension to the dwelling on Lot 1 is not located 50m from the Noosa National Park,
the extension exists and no further building work is proposed other than for the elevated walkway
which is removed from the boundary adjoining the Noosa National Park and is minor building works.
Further, the development has no impact upon the environmental values and is not at risk from bushfire
according to the overlay mapping under the planning scheme and the State Planning Policy 2017
(SPP).

O6: The proposed development is for residential purposes and provides for a variety of allotments
sizes in keeping with the existing density, character and amenity of the area.

Infrastructure:
O15: Each of the proposed lots is capable of being serviced by appropriate levels of infrastructure,
including water supply, reticulated sewerage, power supply and telecommunications, which are
available to the subject land. The matter of stormwater drainage is not relevant given that each
dwelling as constructed drains by overland flow to the drainage line.



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O17: The proposed infrastructure to service the additional lot can be designed to maintain effective
function during and immediately after a storm event.

Earthworks and stormwater management
O19: Stormwater runoff from the proposed development is not an issue given no further building
work is being proposed on the land.

O20: It is proposed to provide an open channel area in accordance with Option 1 (Attachment 4),
which will not adversely impact stormwater flows on neighbouring properties or the natural
environmental values. While the proposed works will impact upon the existing drainage line, the
subject land is not mapped as containing protected vegetation under the Biodiversity Overlay (Map
OM6.1). Further, the proposed works will not affect water levels on neighbouring properties.

Landscaping and visual amenity:
O21, O22 & O23: The proposed development responds to the distinctive landscape character with
the existing built form being integrated within the natural setting and features on the site. The
development will not result in the removal of any significant trees or vegetation that would impact
upon the visual amenity of surrounding areas. While an open channel is being constructed within the
existing drainage line, this is in response to flooding impacts, which is supported by the Council. In
any event, there is adequate area remaining onsite for a significant amount of landscaping to be
provided and maintained.

Access Easements:
O32: It is proposed to provide a services and access easement over Lot 2 in favour of Lot 1. The
easement is in an appropriate location, will provide safe access and egress and has sufficient width to
service both allotments. Further, it is understood that there is an agreement in place for the sharing
of maintenance of the footpath crossover, which also serves the existing development at 22 Mitti
Street.

Traffic:
O33: The traffic generated by the proposed development will have a negligible impact upon the
external road network.

In summary, the proposed development meets the relevant overall outcomes and the purpose of the
Reconfiguring a Lot Code. Further, the proposed development either complies with or meets the
intent of the specific outcomes under Table 14-66. In my opinion, if there is any inconsistency with
the Reconfiguring a Lot Code, it is of a technical nature only.

Natural Hazards Overlay Code

The subject land is designated a Landslide Hazard Area under the Natural Hazard Overlay Map
(OM6.3). Pursuant to Table 13.7, building work for a Detached House is excepted, with this matter
being dealt with separately under Building Works Code (O7 & S7.2). Further, carrying out



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reconfiguring a lot is code assessable where involving earthworks exceeding 50m3 or involving
vegetation clearing or involve redirecting the existing flow of surface or ground water.

It is noted that under Table 13.6, the assessment table for material change of use, Residential uses
except a Detached House, require assessment against the Natural Hazards Overlay Code.
Consequently, the proposed Detached House is exempted, with this issue being addressed under the
Detached House Code (O9 & S(.2)) which is discussed below.

While it is questioned that the proposed open channel drain will result in earthworks exceeding 50m3
or involve the redirection of existing flow or surface or ground water, or in a practical sense does not
involve vegetation clearing, an assessment has been undertaken against the Natural Hazards Overlay
Code.

Under Table 13.8, the assessment benchmarks are provided for Landslide Hazard Areas:

General O1 & O2:
The extension to the dwelling has been established on the land in accordance with the Building Works
Code, in particular acceptable solution S7.2, with the provision of a geotechnical report (refer
Attachment 5). The construction of the open channel area has been considered by and will be
designed by a Registered Professional Engineer of Queensland (RPEQ – Dr Johnson of SLR – refer
Attachment 4). The proposed development has been located to ensure it does not compromise the
safety of people and property and complies with specific outcome O1.

With respect to O2, the proposed development including accessways has been designed and will be
constructed to:
   a) minimise impacts on the natural landform;
   b) minimise risk to people and property from landslide;
   c) avoids any potential instability and associated problems, including long term stability of the
       site and the development.

The proposed development meets specific outcome O2. Specific outcome O3 is not relevant to the
assessment.

Other Provisions for Reconfiguring a Lot

In terms of the other codes including the Landscaping Code and Engineering Works Codes, the
proposed development either complies with or could be conditioned to comply with the relevant
assessment benchmarks.

The subject land is located within the Urban Footprint under the South East Queensland Regional Plan
2017 and makes use of available residential land which can be readily serviced in an efficient and
effective manner at minimum cost.




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Having regard to the State Planning Policy 2017 (SPP), the proposed development is not within an
area mapped as being subject to flooding (refer OM6.3); however, the land is subject to localised
storm water flows during a 1% AEP event. For reasons given above, the proposed development does
not pose a significant risk to people or property. The works being proposed with the construction of
the open channel area, raising of the access driveway and additional safety fencing, minimises the risk
and improves the current situation to the benefit of residents and visitors.

Detached House Code

It is proposed to convert the existing extension to the dwelling on proposed Lot 1 to a Detached
House. The use of existing dwelling and the extension on proposed Lot 1 is defined as a Detached
House. Despite this, the Council has requested that a further application be made for a material
change of for a Detached House. It is assumed that the combined application has been requested for
the new Detached House on proposed Lot 1, given there is an existing Detached House on proposed
Lot 2. The Detached House use will not commence until the proposed Lot 1 has been created and
minor building works have been completed.

As mentioned above, a Detached House is accepted development within the Detached Housing Zone,
where meeting the acceptable solutions under Table 14-28, otherwise is code assessable. The majority
of the provisions of the Detached House Code are consistent with provisions of the Building Works
Code. The extension to the dwelling complies with the acceptable solutions under the Building Works
Code.

Having regard to Table 14-28 of the Detached House Code, the following comments are made:

Setbacks O1:
It is proposed to make internal modifications to the existing extension to the dwelling to convert this
to a Detached House. No further building work is being proposed other than the construction of the
elevated walkway in accordance with Option 1 (refer Figure 3). The existing extension has been
designed and sited to meet the minimum setback requirements for the Detached Housing Zone under
Schedule 1 (discussed above). Further, the elevated walkway is less than one meter in height from
ground level and would be classified as a Class 10b structure. According to part 3 of Schedule 1, a 10b
structure less than 1m in height is not required to meet the minimum setback requirements under
Table 1-1. Consequently, the proposed Detached House on proposed Lot 1 meets the acceptable
solution S1.1.

Flooding, drainage and earthworks O2:
The existing extension to the dwelling complies with S2.1 and S2.3 of the Building Works Code. These
are the same provisions as S2.1 and 2.3 under the Detached House Code. The extension to the dwelling
(Detached House) containing habitable rooms are more than 300mm above the modelled flood level.
The car parking (carport) and manoeuvring area are constructed at a level that permits the parking
area to drain by gravity means (S2.2). Further, the filling that has been undertaken other than for the
accessway, does not extend more than 1m beyond the footprint of the extension (Detached House)



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and meets S2.3 (refer Attachment 6). The proposed Detached House meets the acceptable solutions
S2.1 – S2.3.

It is noted that specific outcome O2 is essentially the same as specific outcome O16 under the Noosa
Heads Locality Code, which has been discussed above. The proposed development meets specific
outcome O2 and O16 of the Noosa Heads Locality Code.

With respect to O3, the finished surface levels currently and following the construction of the open
channel will be free draining towards the channel and drainage line. No acceptable solution is
provided for this specific outcome.

With respect to O4, no fill material will be placed over services or impose any additional surcharge
loading on a service (S4.1). Any excavation for the access driveway will not affect the cover for utility
infrastructure (S4.2). No compaction by a vibrating roller will be required and or will not be within
600mm of any utility infrastructure (S4.3). The proposed Detached House either meets or is able to
meet acceptable solutions S4.1 -S4.3.

Services and Utilities O6:
The Detached House is located in an urban zone and appropriate connection will be provided to
reticulated sewerage and water supply (S6.1). The proposed Detached House meets the acceptable
solution S6.1.

Electricity supply infrastructure O7:
The proposed Detached House will not be constructed under overhead electricity lines, or within an
electricity easement (S7.1). The proposed Detached House meets acceptable solution S7.1.

Water Supply Infrastructure O8:
The proposed Detached House is not located near a water supply pipeline and meets acceptable
solution S8.1.

Steep Slopes and Landslide Hazard Areas O9:
The premises are located within a Landslide Hazard Area on Overlay Map OM6.3. In accordance with
S9.2 a specific geo-technical report was prepared by a RPEQ (Tectonic provided as Attachment 5).
The geotechnical report was prepared for the extension to the dwelling in accordance with S7.2 of the
Building Works Code.

The geotechnical engineer has certified the extension to the dwelling (Detached House) which is not
at-risk form landslide or from other land and or has identified methods of stabilising all buildings,
accessways and use area (S9.2). Further, the methods of stabilising the works have been implemented
(S9.3). The proposed Detached House meets acceptable solutions S9.2 and S9.3, with S9.1 not being
relevant.

Height O10:



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The existing extension (Detached House) is not more than 2 storeys and 8m in height in accordance
with acceptable solution S10.1(e). This is effectively the same provision that applied to the height of
the extension under acceptable solution S11.1(h) of the Building Works Code.

Site Cover O11:
The existing extension (Detached House) is two storeys in height and has a site cover of 31.9% in
accordance with S11.1(b). Further, given the size of the allotment for proposed Lot 1 (711m²), soft
landscaping will be provided and retained over a minimum of 20% of the site area (S11.2). It is noted
that the existing 2 storey dwelling (Lot 2) has a site cover of 25.5% and is also compliant with S11.1(b).
The proposed Detached House meets acceptable solutions S11.1 and S11.2.

Roof Form O16:
The proposal plans for the Detached House on proposed Lot 1 (refer Attachment 2) have been
amended in a minor way to include an additional roof overhang area. The existing extension
(Detached House) has a roof pitch of 5 degrees and has a minimum 600mm eave to at least 75%
(78%) of the perimeter of the roof in accordance acceptable solution S16.1. Further, the buildings and
structures do not include a roof terrace area (S16.2). The proposed Detached House meets acceptable
solutions S16.1 and S16.2.

Garages, carports and other class 10a buildings O19:
The existing extension (Detached House) is within the Detached Housing Zone and the proposed
carport has a front boundary setback of more than 6m, the carport faces the street, and has a
maximum width of 6m in accordance with S19.1. The proposed Detached House complies with
acceptable solution S19.1.

Environmental Protection O24:
The extension to the dwelling exists including the access driveway and no further building works are
proposed other than for the modification to the elevated walkway. The construction of the open
channel area forms part of the reconfiguring a lot component. In any event, the clearing of native
vegetation will not be more than 3m from the new elevated walkway. Further, the raising of the
driveway using culverts will not result in any clearing of native vegetation. The Detached House
complies with acceptable solution S24.2.

Carparking Spaces O25:
The extension to the dwelling (Detached House) contains a carport for two carparking spaces. The
Detached House complies with acceptable solution S25.1.

Amenity O26:
There are no acceptable solutions (S26.1) that are relevant to the matter of amenity. The Detached
House meets all other acceptable solutions for the development being proposed. In any event, the
proposed Detached House is located and designed and will be operated to avoid any significant
changes to the amenity of users or nearby premises (O26).

One Household O29:

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The proposed Detached House will contain 1 kitchen in accordance with S29.1 and 1 laundry in
accordance with S29.2 (refer Attachment 2). There are no studios, pavilions or other habitable
outbuildings being proposed (S29.3 & S29.4). The proposed Detached House meets acceptable
solutions S29.1 - S29.4.

Summary

In summary, having regard to the assessment undertaken above against the applicable provisions of
the Detached House Code, the proposed Detached House is accepted development. This is because
it complies with all acceptable solutions. In my opinion, the proposed Detached House does not
require a development approval for material change of use, being accepted development in the
Detached Housing Zone.

Conclusion

The proposed development seeks to reconfigure land to create two allotments. The land contains a
Detached House which is in two parts connected by an elevated walkway. The existing buildings are
to be retained and will become two dwellings. Internal modifications and modifications to the
interconnecting walkway will be required to the existing extension over proposed Lot 1 to be
converted to a Detached House.

The proposed Detached House on proposed Lot 1 meets the acceptable solutions under the Detached
House Code and is accepted development not requiring a development approval for material change
of use. There is no need for a combined application for reconfiguring a lot and material change of use
and the development is not “piecemeal”. Minor building works only are required to convert the
existing extension on proposed Lot 1 to a Detached House. Any works reasonably required by the
reconfiguring a lot approval will need to be completed before the plan of survey would be sealed by
the Council.

The key issue in the assessment is the matter of localised flooding over proposed Lot 1 during a 1%
AEP event. In accordance with the advice provided by the hydraulic expert, the applicant is raising the
level of the existing access driveway and is providing an open channel area in accordance with Option
1 (Attachment 4). The Council has advised that these works would resolve the concerns about the
localised flooding expressed previously about the proposed reconfiguring a lot (Attachment 7). This
also includes the provision of a covenant over proposed Lot 1 to advise future owners of the flooding
risk and ongoing maintenance responsibilities.

The inclusion of the proposed works and covenant over proposed Lot 1 means the level of risk to
residents and visitors is minimised when compared to the current situation. In fact, given there is no
obligation to undertake the works under Option 1, unless in conjunction with a development approval
for reconfiguring a lot. The proposed development improves the level of risk to residents and visitors,
which is a relevant consideration.




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In my opinion, the proposed reconfiguring a lot complies with the relevant assessment benchmarks,
in particular the overall outcomes and purpose of the Reconfiguring a Lot Code and the Noosa Locality
Code. Further, the proposed Detached House on proposed Lot 1 meets the accepted solutions under
the Detached House Code and is therefore accepted development, once proposed Lot 1 has been
created.

Should you have any questions with respect to the above, please contact me.

Yours faithfully




Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd




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