Council Report MCU18 0165 · MCU18/0165

MCU18/0165 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING TYPE 4 CONVENTIONAL (17 DWELLING unitS) AT 25 KAURI STREET COOROY

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	Application / ECM / MCU18/0165

Attachments	1.	Proposal plans

APPLICATION DETAILS
Applicant	Pace Planning Pty Ltd
Proposal	Material Change of Use - Multiple Housing - Type 4 Conventional
Properly Made Date	4 October 2018
Information Request Date	1 November 2018
Information Response Date	28 November 2018
Decision Due Date	18 February 2019
Number of Submissions	Three (3)

PROPERTY DETAILS
Property Address	25 Kauri St Cooroy Qld 4563
RP Description	Lot 27 C 56016
Land Area	4741m²
Existing Use of Land	Vacant land

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy and Lake Macdonald
Zone	Attached Housing
Overlays	Nil
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 12 February 2019 regarding Application No. MCU18/0165 for a Development Permit for Material Change of Use - Multiple Housing - Type 4 Conventional (17 dwellings) situated at 25 Kauri Street, Cooroy and:
A.	Approve the application and grant a Preliminary Approval subject to the following conditions:
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 11594 DA 01 – DA 11 prepared by All Design and Drafting and dated 21 November 2018. These plans must be amended in accordance with the conditions.
Amended plans and associated reports must be submitted to Council prior to issue of a Development Permit for Material Change of Use and must include the following to the reasonable satisfaction of the Manager, Development Assessment:
In addition to the vegetation identified to be retained on the Site Plan – Landscaping and Fencing by All Design and Drafting (project 11594 DA03 dated 21.11.2018) trees 1, 2 and 3 (Eucalyptus tereticornis) identified within the Arboricultural Impact Assessment Report by Consult Arborist Pty Ltd dated 16.01.2019 must be retained.
An amended arboriculture assessment report which includes recommendations on how the trees are to be retained in accordance with current AS 4970-2009 Protection of Trees on Development Sites, including any modifications required to the development layout.
An amended development layout which incorporates the recommendations of the amended arboriculture assessment report.
Greater articulation to the façades of units 9 and 10 to the internal driveway to vary the line and plane of the building.
Increased landscaping to the frontages of units 9 and 10 along the internal driveway.
Roof pitches must be at least 12 degrees.
A mix of materials and colours to the external building finishes reflective of Cooroy’s traditional character and the schedule detailed on All Design and Drafting plan DA03 and dated 21 November 2018.
Further articulation of the roof form of units 11-17 to complement the traditional streetscape and building forms of Cooroy.
The development must retain trees 1, 2 and 3 (Eucalyptus tereticornis) identified within the Arboricultural Impact Assessment Report by Consult Arborist Pty Ltd dated 16.01.2019.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $35,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site 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 the development site.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary and articulated by stepping the design at maximum 5 metre intervals. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
ENGINEERING
Site Access and Driveway
Vehicular access driveways to serve the development shall be constructed from the Kauri Street and Olivine Street frontages of the site generally in accordance with the final approved layout plans and as amended by the conditions of this permit and in compliance with the applicable engineering standards and drawings.
Sealed access driveways must be provided from Kauri Street and Olivine Street frontages of the site to all parking and manoeuvring areas of the development generally in accordance with the final approved layout plans as amended by the conditions of this permit. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Driveway crossovers generally in accordance with IPWEAQ standard drawings R-049 and R-050, and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades and must match the levels of any existing or proposed pathway and grassed verge without posing trip or safety hazards to the public.
For pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS/NZ 2890.1, section 3.2.4.
The proposed driveway have a maximum width of 6m at kerb line.
Driveway must have clearance of 1.0m from a power pole and 0.5m from and any service pit or manhole (eg telecommunication pit, water metre) unless a written approval obtained from the relevant provider.
All vehicles shall enter and leave the site in a forward direction.
Car Parking
Car parking must be provided within the site generally as shown on the final approved layout plans. The works must be undertaken in accordance with an Operational Works approval and must be in compliance with the provisions AS/NZS 2890.1-2004 for user class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
The internal dimensions and doorway openings of all enclosed garages shall be designed and constructed to comply with the provisions of section 5.4 of AS/NZS 2890.1. The applicant shall demonstrate compliance by illustrating these dimensions on the plans submitted for both Operational Works approval and Building Works approval.
All visitor carpark spaces shall be clearly defined by line marking each space with the words “Visitor Parking Only” and by sign posting each space with similar wording.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Roadworks Widening
The full length of the Kauri Street and Olivine Street frontages of the development site shall be upgraded by providing kerb & channel, bitumen road widening, stormwater structures and landscaping improvements to the footpath in accordance with an Operational Works approval. The works shall include but are not limited to the following:
In regard to the Kauri Street frontage the new kerb and channel shall be aligned so that it is located 8 metres offset from the existing kerb and channel on the western side of Kauri Street measured from the nominal face of the kerb. The new kerb and channel shall be extended to the north approximately to the prolongation of the common boundary of No 21 and 19A Kauri Street and be joined smoothly with the existing kerb and channel.
In regard to the Olivine Street frontage the new kerb and channel shall be aligned at about 12m offset from and parallel to the property boundary and shall extend for the full frontage of the subject site. The works shall include suitable tapers extending beyond the frontage of the subject site to smoothly join to the existing pavement.
The works (Kauri Street, Olivine Street and the intersection) must include suitable drainage structures and stormwater collection to ensure that runoff from the road formation is collected, controlled and directed to ensure that the roadway is safely trafficable and must be in compliance with the relevant sections of the Queensland Urban Drainage Manual (QUDM).
As part of the application for operational works, the developer’s civil engineering consultant shall investigate and report on the possible deficiencies in the existing stormwater system, to the western end of Agate Street and including inspection by closed circuit television (CCTV) of the existing stormwater system. The developer is required to rectify any deficient stormwater pipes or structures extending from the development frontage down to and including the manhole downstream of the 600x1200 box culvert which crosses Kauri Street.
The design and construction of all works shall be carried out in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks and the applicable engineering standards current at the time of construction.
The above condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
All associated and ancillary work including pavement correction to the existing pavement, drainage works, modification of the footpath, and adjustments to the existing infrastructure shall be undertaken to complete the roadworks widening and must be carried out in accordance with the applicable engineering standards and the tree retention requirements of this approval.
In this regard a schedule of works, specifications and plans detailing this work shall be prepared and submitted to Council for approval prior to obtaining a Development Permit for Operational Works
The applicant shall truncate the boundaries at the intersection of Kauri Street and Olivine Street and shall dedicate the truncated section as “Road”. The truncation shall be in accordance with Council’s Planning Scheme Policy PSP 5 – Engineering Design Standards- Roads, Drainage and Earthworks part 3.13 (g). The dedication shall be undertaken at no cost to Council.
Pathway and Frontage Works
A new 2.0m wide concrete path shall be constructed along the Kauri Street and Olivine Street frontages of the site in accordance with an Operational Works approval and to a desirable and smooth alignment for the comfort of users and protection of trees identified in this permit for retention. The new path shall be in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway Construction Details.
The works must include a sufficient number of pram ramps to be provided near the intersection of Kauri Street and Olivine Street where identified by Council to connect to existing and proposed pathways network.
The above condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
All paths, pram ramps, driveways and parking areas shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
Footpath improvements such as topsoiling, grassing, tree retention and tree planting are required to the Kauri Street and Olivine Street frontages of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines and in compliance with Operational Works approval.
The new path and frontage works must generally match the existing adjoining surfaces without causing a trip hazard and extend beyond the frontage where necessary to join and taper smoothly with any existing adjoining path and surfaces.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual (QUDM) and the design be prepared and certified by a Registered Professional Civil Engineer, and must include/address in particular the following:
Collection and discharge of stormwater to Council’s existing drainage system in Kauri Street generally in accordance with Drawing No 2018068-P01 dated 12/09/2018 by 360 Civil Consulting and including the provision of any required inter-allotment drainage within the site.
Shall be no net increase in stormwater runoff from the current undeveloped condition of the site.
Where applicable, extension of the site stormwater system to accommodate stormwater from external adjoining properties, including registration of drainage easements.
The use of gravity stormwater drainage and not surcharge pits.
A CCTV inspection must be carried out by a Council approved CCTV contractor upon satisfactory completion of construction works. The developer will be responsible for the full cost of CCTV inspection, including any additional inspection necessary following defect identification and rectification.
Easements
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.
Earthworks
All earthworks must be undertaken in accordance with a development permit for Operational Works and in compliance with the provisions of AS 3798: Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ supervision Test results as required by AS 3798 and/or the directions of the supervising engineer. A certification of the earthworks must be provided by a RPEQ and submitted to Council prior to the final inspection of the completed works by Council.
Earthworks works required on site must be carried out so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences and/or structures and/or lands that border the development site. Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification. In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
All earthworks and any associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Where the development involves changes to the existing levels over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level or as required by the service provider and/or the approved plans for Operational Works.
All retaining walls and stormwater headwalls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans prepared by suitably qualified person detailing the methods and measures of controlling erosion and sediment are required to be submitted to the Council in conjunction with an application for the Development Permit for Operational Works.
Electricity and Telecommunication Services
Underground reticulated electricity and telecommunication services must be provided to the development site in accordance with an approval for Operational Works and be in compliance 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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Conduits for electrical power or other services and connections proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or vegetation identified for retention must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
General - Engineering
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works. To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
LANDSCAPE & ECOLOGY
Landscaping & Vegetation Clearing
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Planning Scheme Policy 3 Landscaping Plants and Guidelines for Cooroy and must include in particular:
Provide landscaping plans using local native species that provide detailed sections and plan of a 6.0 and 5.0 metre landscaped buffer adjacent to Kauri and Olivine Street respectively to buffer the adjacent residential uses from the development.
Provide 100L NATSPEC street trees every 8m of road frontage, positioned in a manner that supports adequate sightlines and maintains existing trees identified for retention in this permit.
Provide details of internal landscaping to the development, including provision of suitable growing media and area to sustain landscaping, which will provide shading and soften the visual appearance of the development.
Provide landscaping to each dwelling frontages and internal driveway networks to provide shade and visual amenity.
Provide details of the methods to be used during the vegetation clearing including the use of licensed spotter/catchers, disposal of cleared vegetation, methods to ensure retained vegetation is protected from development works, in particular where works are proposed adjacent to root zones of vegetation located on the road reserve with reference to current AS 4970-2009 Protection of Trees on Development Sites.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
ENVIRONMENTAL HEALTH
Waste Management
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Mechanical Equipment
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks approval to develop the site for 17 single storey multiple dwelling units, comprising 13 x 2 bedroom dwelling units and 4 x 3 bedroom dwelling units. A double garage is provided to each 3 bedroom dwelling unit and a single garage provided to each 2 bedroom dwelling unit. Seven uncovered spaces are provided throughout the site. Two access points are proposed from Kauri Street and one access point is proposed from Olivine Street.
The following image provides a Locality Plan of the subject site and surrounding properties:

Figure 1 – Locality Plan
The following images detail site and elevation plans of the proposal. The proposal plans are also included in Attachment 1.

Figure 2 – Site Plan

Figure 3 – Elevation Plan
Figure 4– Elevation Perspective
site details
Background
There are no recent planning approvals relevant to the site.
Site Description
The development site is situated on the corner of Kauri and Olivine Streets. It is an undeveloped site which contains a number of mature eucalypt tree. The property has 2 street frontages with no formalised access and no kerb or channel.
Surrounding Land Uses
The area is characterised by a mix of residential development reflective of varying zoning within Kauri Street and Olivine Street. Dwellings on the opposite side of Olivine Street are generally reflective of the Cooroy character as they are clad in weatherboard, include a veranda to the front of the dwelling and a substantial roof pitch. A broader range of dwelling types have been developed in Olivine Street and it is noted that these contain dwellings which are reflective of the traditional built form of Cooroy. A description of the properties adjacent to the site is provided below:
North:	21 Kauri Street - undeveloped land owned by Queensland State government
8 Olivine Street – residential dwelling situated on Detached Housing zoned land
South:	Olivine Street
East:		1 -15 Olivine Street – eight Semi-Attached Zoned lots. One of the lots contains a duplex whilst the remaining seven lots contain a detached house
West:	28 - 36 Kauri Street – five Attached Housing zoned lots. 3 of the lots contain a detached house with multiple dwellings located on the remaining 2 lots.
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;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 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 area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
SEQ Development Area
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Locality Provisions
The subject site is located in the Cooroy and Lake Macdonald Locality and is zoned Attached Housing. The application is required to follow an impact assessable application process. The proposed use is identified as a consistent use within the zone and provides for housing within close proximity of the Cooroy town centre and the associated services, public transport and community facilities. The provision of 13 x 2 bedroom dwelling units within the development provides housing diversity consistent with the dwelling type for which a need has been identified in Council’s Housing Needs Assessment (Briggs and Mortar March 2017). The report identifies that there is a significant need for small attached dwellings (one and two bedroom) to offer additional housing options for a growing number of small households (p.4).
The proposal is also generally consistent with the overall built form outcomes for the Cooroy and Lake Macdonald Locality which requires the traditional built form of Cooroy to be retained and for new developments to complement traditional streetscape and building forms. In this regard the proposed design is consistent with the visual bulk and architectural scale on nearby land, will not dominate the street, makes use of verandas, eaves and roof overhangs and generally presents well articulated facades where garages and carports are not the dominant visual element.  The current design and elevations do not include a sufficient mix of materials reflective of Cooroy’s traditional built form.  Further, the roof form for units 11-17 is quite continuous and further articulation of the roof form would also assist the development to complement and integrate with the existing streetscape.
With regards to the proposed built form the following table includes the pertinent development parameters required by the planning scheme.
Criteria	Planning Scheme	Proposal	Complies
Site Area	N/A	4739 m²	N/A
Population density	47.39 persons max	44.39 persons	
Gross floor area	1896.4m² max	1896.4 m²	
Site cover	40% max	40%	
Landscaped open space Soft landscaping Landscaping Setbacks	1329m² min 797.4m2 min 60% of total	1513m² 1296m²	
Building height storeys metres	2 storeys max 8 metres	1 storey 5.25 metres	
Boundary setbacks Frontage Kauri Street Olivine Street Side	6 metres min 2.6 metres min	6 metres 5 metres 4 metres	X
Length of wall	15 metres max	21.1 metres (units 9 and 10)	X
Roof pitch	12 degrees	10 degrees	X
Eaves	600mm eaves to 75% of the perimeter of the building	Complies	
Carparking	21 covered min 6 uncovered min	21 covered 8 uncovered	
Table 1 - Development Parameters
As indicated in Table 1 the development generally complies with the planning scheme parameters with the exception of the setback to Olivine Street, roof pitch and the length of wall attributed to dwelling units 9 and 10. The proposed variations are addressed below:
Setback to Olivine Street
The siting of the subject site at the corner of Kauri and Olivine streets results in two street frontages, each requiring a 6.0 metre setback. In this instance the development provides a 6.0 metre setback to the primary frontage off Kauri Street and a 5.0 metre setback to Olivine Street. The reduced setback is supported as the development is low rise and maintains opportunity for landscaping within the setback. The reduced setback will not be intrusive within the streetscape nor is it considered to result in amenity impacts on surrounding properties.
Roof pitch
The proposed development includes a 10 degree roof pitch which does not comply with the 12 degree roof pitch required by the planning scheme. The planning scheme requires a minimum 12 degree roof pitch in order for roof forms to contribute positively to the local skyline. This matter will be addressed through a condition of approval.
Length of wall
The frontages of units 9 and 10 comprise a total continual wall length of 21.1 metres, noting a minor alcove of 1.0 metre width is provided for each unit’s access. This continual plane is not consistent with the requirements for the Attached Housing Zone as it exceeds the specified wall length of 15 metres. While this wall plane is directed internally, its location adjacent to the access driveway and within close proximity of the site frontage means that it will be partially visible from the street. It is preferred that the plane be further articulated by stepping the façade. Therefore, it is recommended that a condition be included requiring amended plans which provide for articulation of the front façade of units 9 and 10.
Landscaping
The submitted landscape plan demonstrates that sufficient landscaping area has been provided to accord with the Noosa Plan’s Landscaping Code. It is noted that the landscape plan includes a 200sqm area for the purpose of a community garden and relies on a mixture of local and non-local plant species.
The landscaping also provides for landscaping within the Kauri and Olivine Street setbacks which will soften the development when viewed from the streetscape. The plans identify that fencing to Kauri and Olivine Streets will primarily consist of 1.8 metre high powder coated metal pool type fencing. The open form of this fencing will allow for landscaping to be visible from the street. However, the submitted plans do not provide for landscaping internally to the frontages of units 9 and 10 and generally limited landscaping has been provided to the frontages of the remaining dwellings. Therefore landscape amenity is reduced in the internal areas of the site and results in a poor visual outcome for occupants. A condition has been included to require additional landscaping between the buildings and the internal driveway.
Street vegetation
The development seeks to remove mature native trees (Eucalyptus tereticornis) within the Kauri and Olivine Street road reserves, which are situated in close proximity to the front boundary. In addition to their ecological value the trees contribute to the character and amenity of the area. The following image details the trees within Olivine Street.

Photograph 1: View looking south along Olivine Street
The trees have been assessed by Council’s Ecologist and are a significant species in the locality being a primary koala food tree. The trees also contribute significantly to the streetscape and the character of the area. The following plan identifies the trees proposed to be removed by the applicant which Council officers have identified as being suitable for retention.  These trees are highlighted in yellow on the plan.

Figure 5– Trees proposed to be removed that must be retained
An Information Request was sent to the applicant in November 2018 and raised the following issues around the trees:
Provide amended plans showing the retention of mature trees along the Olivine and Kauri Street frontage with boundary fencing located to accommodate the mature trees.
Provide an assessment by a certified arborist using the ISA Tree Risk Assessment Framework regarding the works necessary to retain the mature native trees along the frontages during operational works and the use of the premises.
Provide amended plans showing the crossover on Olivine Street outside the tree protection zone of the mature gumtree
Provide a landscape concept plan which identifies the retention of the native mature trees in the road reserve, signature landscape trees, frontage treatments, provision of shade trees within the development area and overall soft landscaping provided within the site.
In response to the Information Request the applicant advised that:
Landscaping Plans are currently being prepared and will be emailed to Council early next week (26 Nov). The landscaping plan will recommend offset planting for any mature tree removed. The mature trees on the actual boundary are mostly inside the property and cannot be retained as part of the fence design without significantly impacting buildings and infrastructure.
The remaining mature trees to be retained on the frontage (as per plan) will be protected and more native trees planted during OpWks. Council can condition a tree risk assessment for the remaining trees if the landscape plan does not satisfy the information request. Reaffirming the landscaping plan will recommend offset native planting on the frontage for any mature tree removed. Long term the landscaping and new plantings will improve the property frontage.
Retaining the mature gum could not be achieved, the tree protection zone could not be achieved. The size of the tree requires a very large tree protection zone. The age of the tree is a significant risk to persons and property and council’s liability with the increased pedestrians, vehicles and buildings being exposed to aging falling limbs. The tree is not mapped in a biodiversity overlay so it is also preferred koalas are not encouraged into a developing urban area exposing themselves to being hit by vehicles or domestic dog attacks.
Prior to proceeding to notification the applicant did not provide an assessment of the mature native trees by a certified arborist and appears to have made assumptions regarding the retention of the trees based on the proposed development layout. The purpose of the Information Request was for the applicant to retain the significant landscape trees and recognise that boundary fencing and proposed development layout may require alteration to accommodate the retention of the trees.
After the completion of the notification period and being advised the officer recommendation would likely be for a Preliminary Approval, the applicant provided an arborist report. The arborist report makes comment on the retention of the trees based on the previously supplied layout but does not specifically address the information request items and does not provide an amended layout. The report details activities within 50% of the Tree Protection Zone of Trees 2 and 3 (adjacent to units 13 and 17) however provides no recommendations for the amendment of the layout to reduce the amount of intrusion into the Tree Protection Zones. The recommendations within the report are based on the submitted layout plan and do not provide Council assessment officers with sufficient information to support the removal of trees.
It is noted that amendment to the development layout would safely allow for the retention of the trees. Though it is unclear as to the specifics of the modifications required and the resultant impact on layout and yield, it is likely that the retention of the trees will result in an amendment to the location of the access driveway to Olivine Street and potentially to the setback of units adjacent to Olivine Street.
cONSULTATION
Referral Agencies
No referrals were required to any Referral Agencies.
Other Referrals
The application was forwarded to the following internal Council officers:
Environment Officer
Coordinator Engineering
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. Three properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Environment Destruction of trees and habitat for kangaroos and several bird species An Environmental Impact Survey should be provided Cap of 10 units should be imposed with trees retained Trees on Council road reserve should not be removed	It is agreed that the proposed layout will require the removal of a number of existing mature native trees. The applicant provided an arborist report after the notification period assessing the impact of the proposed layout on the mature native trees within the road reserve. It is recommended that trees within the road reserve and on the common boundary with the road reserve be retained.
Traffic Child safety Olivine Street needs to be widened for two cars with capacity for cyclist and a pedestrian path Lack of road infrastructure for additional traffic Lack of parking for additional cars Increased risk to road users Existing car parking problem in the area Access onto Olivine Street will result in major impact on traffic in area	Conditions require the upgrade of the frontages of the site to Kauri Street and Olivine Street including road widening, new kerb and channel works and 2.0m wide pathway. The works will provide a safer traffic environment. Car parking will be provided on site in accordance with the requirements of the Noosa Plan. It would be unreasonable to prohibit access on to Olivine Street and the additional traffic is not considered to be significant.
Amenity Impact on the amenity of the area Loss of town character Size of the proposed development and impact on traffic, noise levels Too many units	The site is zoned Attached Housing and the proposed Multiple Housing Type 4 development is a consistent use within this zone. The proposal complies with the Noosa Plan provisions regarding building height, density, site cover and gross floor area. The proposed built form is low scale/single storey and consistent in scale with the established character of the area including varied roof form and eaves. Conditions require that materials and colours of the development provide natural tones and additional articulation and landscaping. It is acknowledged that the proposed removal of trees on the common boundary and within the road reserve will have a detrimental impact on the character and amenity of the area. Accordingly it is recommended that a preliminary approval be issued with conditions requiring the retention of the trees and further landscaping.
Other Possible drainage issues	A condition of approval will require the developer to appropriately manage stormwater with the works also subject to a further Operational Works application.
conclusion & REASONS FOR DECISION
The application proposes to develop 17 dwelling units on land situated at the corner of Kauri and Olivine Streets in Cooroy. The land is zoned Attached Housing and is situated within close proximity of the eastern side of the Cooroy township. The provision of 13 x 2 bedroom dwelling units within the total number of units is consistent with the dwelling type for which a need has been identified in Council’s Housing Needs Assessment (Briggs and Mortar March 2017).
The development generally complies with the relevant provisions of the Noosa Plan subject to some minor design amendments to ensure the development better complements the traditional streetscape and building forms of Cooroy.
The proposed development layout would also result in the removal of 3 mature native trees within the Olivine Street road reserve which make a significant contribution to the character and amenity of the area. Due to the impact of the proposed development on the vegetation within the road reserve and the likelihood for a modified layout, it is recommended that a Preliminary Approval be issued.
A Preliminary Approval would require the applicant to submit a further development application which demonstrates compliance with the conditions of the Preliminary Approval. Alternatively, the applicant may lodge representations to the Preliminary Approval seeking that a Development Permit be issued during the negotiated decision period.

Departments/Sections Consulted:
	Chief Executive Officer	x	Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
		x	Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development	x	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	x	Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 FEBRUARY 2019

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