Negotiated Report (Representations made) MCU21 0192

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Graduate Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0192
Development Approval	Development Permit for Material Change of Use of Premises (Dual Occupancy)
Applicant	Adam Grant Flanagan Shane Ashley Tye
Representations Received On	1 April 2022
Number of Submissions for Original Application	Not applicable

PROPERTY DETAILS
Property Address	164 Edwards St Sunshine Beach Qld 4567
RP Description	Lot 108 RP 94566
Land Area	511m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Sunshine Beach
Zone	Medium Density Residential
Overlays	Not applicable
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Material Change of Use of Premises (Dual Occupancy) was issued on 15 March 2022
The applicant suspended the appeal period and made representations on 1 April 2022 to the development approval conditions. The representations are detailed below but primarily relate to landscaping and easements.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 17 (d)
17. The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan  for that specific area and PSP2 – Landscaping and must include in particular:
(d) a 2 metre wide landscaping strip along the Edward Street road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items.
Applicant’s Representation
Landscaping Plan WD.2.07, revision C, prepared by Garland Design and dated 21/12/2021, as approved by Council (included in Condition 2 Approved Plans) details the provision of landscaping to the Edwards Street frontage. Plan WD.207 includes landscaping of 500mm deep to Council’s road reserve and 1500mm of landscaping from the property boundary to the timber fencing. Further landscaping is proposed in front of the pool with a 1000mm (width) of planting located along the length of the pool. In total, a landscaped outcome of 2 metres and in a section 3 metres (deep) is achieved along the street frontage.
Additional landscaping is proposed behind the front fence and adjacent to the front entry door, creating visual privacy and enhancing the streetscape. The landscaping along the street frontage is reduced only in the areas in front of the visitor car park, access driveway and in front of the bin storage as necessitated.
Proposed Amendment to Condition 17(d)
The applicant proposes that Condition 17(d) is amended to read as:
17. The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and PSP2 – Landscaping and must include in particular:
(d) a landscaping strip along the Edward Street road frontage of the subject site is provided as shown on the approved Landscaping Plan WD.207.
Assessment of Representation
Councils Senior Environmental Officer has reviewed the request advises the following:

The applicant proposed to remove the specified ‘2 metre wide’ wording from condition 2(d). On review of the plans the majority of the street frontage boundary has 2 metres of landscaping between the boundary to the front fence with the exception of where the carpark is proposed. Landscaping is proposed between the front boundary and carpark area however the distance is not specified on the plans. The change to the condition is appropriate as the garden between the carpark and front boundary is proposed to be densely landscaped and species with height and width can be conditioned within the Operational Works Approval.
In this instance Council agrees to the applicants representation to amend the condition.

Condition 18
18. Screening vegetation must be planted for the length of the rear property boundary in accordance with Council’s Planning Scheme Policy PSP2 – Landscaping. The planted vegetation must have a minimum pot size of 45 litres and consist of native, endemic species with a mature height of not less than 3 metres and a minimum spacing of 0.5 metre centres.
Applicant’s Representation
The applicant states:
Condition 18 is a duplication of Condition 17(e). Condition 17(e) requires dense planting along the northern, eastern and southern boundaries to screen the development, at a height of 4-6 metres.
Landscaping Plan WD.207 includes mass planting of Frazer Island Apple trees. These trees grow to a height of 5-8 metres, and a width of 4-6 metres. They are bird, bee and insect attracting and are suitable for hedging and screening. The Frazer Island Apple is a native evergreen that is well adopted to coastal areas as it tolerates sandy soils and salt spray.
A minimum spacing of 500mm centre to centre is insufficient room for the proposed screen planting to the boundaries and will restrict the growth of the trees. A detailed planting schedule and plan will be lodged as part of application for an Operational Works Permit as required by the Decision Notice.
Proposed Amendment to Condition 18
The applicant proposed that Condition 18 be deleted.
Assessment of Representation
Councils Senior Environmental Officer has reviewed the representations and agrees that the condition is a duplicate of condition 17 and that specific spacing can be condition as part of an Operational Works Approval.

Conditions 26 - 28
26. 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.
27. 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.
28. All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Applicant’s Representation
The applicant advised that no easements exist on the site and that no easements are proposed. The applicant further advises that as easements are not required for the provision of infrastructure that the conditions are not relevant to the approved and should be deleted.
Proposed Amendment to Condition 26 – 28
The applicant proposes that Conditions 26, 27 and 28 are deleted.
Assessment of Representation
Councils Development Engineer, provided the following comments regarding the applicant’s representations to Conditions 26 – 28:

Conditions 26, 27 and 28 are standard conditions, which may or may not be relevant for each approval, which serve the purpose of catering for the possibility of creating an easement for third party services.
Easements may be required by third party services which are unknown at this time.
The fact that these conditions do not appear to be relevant for the subject property at this time it does not mean they won’t be in the future – these conditions set the desired framework for this possibility and are not to be deleted.
The applicant request to delete Conditions 26- 28 is not supported.

conclusion & reasons for decision
Council agrees with the applicant’s representation to Conditions 17 (d) and 18 as the original conditions can be conditioned as per the Operational Works Permit for Landscaping. Council does not agree with the applicant’s representation to delete Conditions 26 – 28 as easements may be required by third party services which are unknown at this time.
RECOMMENDATION
With regard to Application No. MCU21/0192, and the representations made, Council on 27th April 2022 decided to:
A.	Agree to amend conditions 17 (d) to read as follows:
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and PSP2 - Landscaping and must include in particular:
the works shown on the approved Landscaping plan with the exception of:
Street trees must be a minimum pot size of 45 litres
Bromeliad and Blue Chalk Stick plant species must be substituted for a plant sourced from the Noosa Plan 2020 – PSP2 Landscaping preferred species list and approved by Council or another suitable species approved by Council.
Star Jasmine must be substituted with Pandorea jasminoides, Tecomanthe hillii or Pararistolochia praevenosa or another suitable species approved by Council.
‘Pigface’ plant species identified on the approved plans must be Carpobrotus glaucescens or another suitable species approved by Council;
“Heliconia’ species included within the approved plans must be an Australian Native or substituted for an alternative suitable species approval from Council.
a landscaping strip along the Edward Street road frontage of the subject site is provided as shown on the approved Landscaping Plan WD.207.
dense Noosa Native preferred screening planting along the northern, eastern and southern boundaries that reaches a maximum height growth of 4-6 metres at maturity.
existing Pandanus in poor health must be removed and replaced with 2 x 45 litre street trees.
vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage

B.	Delete condition 18.
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.
D.	Refuse to the representations made to Conditions 26 – 28 for the following reasons:
1.	Conditions 26, 27 and 28 are standard conditions, which serve the purpose of catering for the possibility of creating an easement for third party services.
2.	Easements may be required by third party services which are unknown at this time.

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