Change Representations report

CHANGE REPRESENTATIONS ASSESSMENT REPORT
Author	Development Engineer, Diogo Carrico
Coordinator Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0017
Development Approval	Development Permit for Reconfiguring a Lot – 1 Lot in to 10 lots
Applicant	JNE Developments
Representations Received On	28 March 2022
Number of Submissions for Original Application	Not applicable

PROPERTY DETAILS
Property Address	25 Pavilion Street Pomona Qld 4568
RP Description	Lot 21 SP 316902
Land Area	2.997ha
Existing Use of Land	Vacant – dam and orchard on part of land

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Low Density Residential Rural
Zone	Not applicable
Overlays	Pomona Local Plan Area
Assessment Type	Biodiversity, Waterways and Wetlands Overlay Area of Biodiversity Significance MSES Values Area Subject to Riparian Buffer Waterway Bushfire Hazard Overlay Medium Potential Bushfire Intensity Potential Impact Buffer Flood Hazard Overlay Waterway Flooding and Inundation Extent

background
A development Permit for Reconfiguring a Lot – 1 Lot in to 10 lots was issued on 4 February 2022.
The applicant made representations on 28 March 2022 to the development approval conditions. The representations are detailed below but primarily relate to earthworks, stormwater and road conditions.
A meeting between the developer and Council was undertaken on 22 March 2022 to discuss the items and further input was sought from Council’s external stormwater consultant with regards to conditions 29b)
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 4
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 3 February 2026, unless an application to extend the currency period is approved by Council.
Applicant’s Representation
The applicant seeks to change the currency period date to reflect the negotiated decision notice issue date – 12 April 2026.
Assessment of Representation
Applicant’s representation is reasonable and it is recommended that Council agree to the representation, however this will reflect the date of the decision being made.
Amended Condition 4
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 4 April 2026, unless an application to extend the currency period is approved by Council.

Condition 29
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, and must include in particular:
extension of the site stormwater system to accommodate stormwater from Pavilion Street;
cut off drains at the eastern interface of Lots 1 and 9 to intercept runoff from external properties, including registration of drainage easements over these drains in favour of the upslope properties;
collection and discharge of stormwater to the proposed detention basin, including the provision of Level II inter-allotment drainage for lots which do not fall to the street and provision of kerb adapters for all new lots which do fall to the street
the use of gravity stormwater drainage and not surcharge pits.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.

Applicant’s Representation
Applicant seeks the deletion of condition 29b)
Assessment of Representation
Condition 29 was drafted by Council’s external stormwater consultant based on the premise that retaining walls would be constructed between each of the new proposed lots. These retaining walls were later removed but the condition was not altered.
Council’s external stormwater consultant’s comments as follows:
“I originally put on Condition 29(b) without knowing that the earthworks and retaining walls would be removed. The intent was to have a cut-off drain above the retaining walls proposed for lot 1 and 9 and that this drain would connect to the underground drainage network (I could have worded it more clearly), so that surface flows from the external upstream properties would not be going over the retaining walls and causing erosion and nuisance flows into lots 1 and 9.
This is less of an issue now the retaining walls have been eliminated. Doug (applicant’s consultant engineer) also called me and expressed concern that there isn’t any underground drainage at that point so would cause increased cost by having to extend the pipe network to this point. He is also concerned that having the cut-off drains causes more problems than it solves as they tend to concentrate flow during large events when they overtop. And it is only a single house upslope of each of Lots 1 and 9. All fair points.
I think on balance it would be fair to remove the requirement for the cut-off drains now that the earthworks design has been altered.”
Given the promoted design changes (earthworks) and further technical review, it is recommended that Council agree to the representation and condition 29b) is deleted.
Amended Condition 29
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, and must include in particular:
extension of the site stormwater system to accommodate stormwater from Pavilion Street;
DELETED
collection and discharge of stormwater to the proposed detention basin, including the provision of Level II inter-allotment drainage for lots which do not fall to the street and provision of kerb adapters for all new lots which do fall to the street
the use of gravity stormwater drainage and not surcharge pits.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.

Condition 35
The new road must join smoothly with the existing formation of Pavilion Street. The works must be undertaken in accordance with an Operational Works approval, generally in accordance with TOD Consulting’s plan 21556-SK101: “Preliminary Design – General Arrangement”, Rev C, dated 11/11/2021 and be designed and constructed in accordance with Council’s Planning Scheme Policy 6 – Engineering Design Standards. The works must include in particular:
reserve and formation widths to a “Local Road” standard;
sealing, drainage, kerbing and channelling;
construction of pedestrian footpaths in accordance with the conditions of this Decision Notice;
installation of street and pathway lighting;
provision of sight distances adequate for the design speed of the road; and
signage and linemarking.
Applicant’s Representation
It is proposed that only the turning head will be constructed as part of this development and a road reserve provided between lot 6 & 7 to allow future extension of the road to the property to the north should this be developed in the future. It is requested Council consider including an additional condition in the Decision Notice to make this clear.
The applicant proposes that item g. is added to condition 35, reading as follows:
a turning head constructed between lots 6 and 7
Assessment of Representation
The drawing that condition 35 refers to, to be used as a basis for the operational works application, already includes a turning head as requested by the applicant. Nevertheless, the addition of item g. as requested by the applicant raises no issues making the requirement clearer. It is recommended that Council agree to the representation.
Amended Condition 35:
The new road must join smoothly with the existing formation of Pavilion Street. The works must be undertaken in accordance with an Operational Works approval, generally in accordance with TOD Consulting’s plan 21556-SK101: “Preliminary Design – General Arrangement”, Rev C, dated 11/11/2021 and be designed and constructed in accordance with Council’s Planning Scheme Policy 6 – Engineering Design Standards. The works must include in particular:
reserve and formation widths to a “Local Road” standard;
sealing, drainage, kerbing and channelling;
construction of pedestrian footpaths in accordance with the conditions of this Decision Notice;
installation of street and pathway lighting;
provision of sight distances adequate for the design speed of the road;
signage and linemarking; and
a turning head constructed between lots 6 and 7.

Condition 38
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 2 metre wide footpath within one side of the new road’s verge for the entire length of the new road, connecting to the existing footpath on Pavilion Street;
2 pram ramps in accordance with Council’s standard drawing SD:9006-Rev E, or the revision applicable at the time of construction, allowing for safe pedestrian crossing of the new road along Pavilion Street.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Applicant’s Representation
In preparation for the 22 March 2022 meeting, the applicant’s engineer noted that “the road and footpath levels (constrained as outlined above) result in some mismatching of levels with the exiting property at 23 Pavilion St. This would be improved if a footpath width of 1.5m instead if 2m was adopted. Can a non-compliant verge profile be adopted in this location?”
The representations made note that “It was agreed by Council’s development engineer the footpath could be reduced from 2.0m to 1.5m to assist with verge profile adjacent to the existing properties.”
The agreement was for the footpath width to be reduced, only at the locations where the road and footpath levels limitations caused a mismatch of levels with the property at 23 Pavilion St.
It is recommended that Council partially agree to the representation, reducing the required width of the footpath to 1.5m, only at the locations where a mismatch of levels with the property at 23 Pavilion St occur. A 2m wide footpath must be constructed on all verges where does not result in the mismatch of levels between the development and existing properties.
Assessment of Representation
It is recommended that Council partially agree to the representation, reducing the required width of the footpath to 1.5m, only at the locations where a mismatch of levels with the property at 23 Pavilion St occur. A 2m wide footpath must be constructed on all verges where does not result in the mismatch of levels between the development and existing properties.
Amended Condition 38:
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 2 metre wide footpath within one side of the new road’s verge for the entire length of the new road, connecting to the existing footpath on Pavilion Street – the footpath’s width can be reduced (to a minimum of 1.5m), only in locations where a 2m wide footpath would create a mismatching of levels with existing properties (i.e. 23 Pavilion St);
2 pram ramps in accordance with Council’s standard drawing SD:9006-Rev E, or the revision applicable at the time of construction, allowing for safe pedestrian crossing of the new road along Pavilion Street.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.

Condition 47
No retaining walls/earthworks are to be undertaken and/or constructed or occur, with only minor works permitted that are necessary to facilitate the roadworks, stormwater management, flood immunity for lot 10 and connection to services. The development must be undertaken in a manner which responds to the site’s constraints such that the natural landform is generally maintained. Any earthworks proposed must be detailed clearly in the application for Operational Works and be limited in extent to the reasonable satisfaction of Council.
Applicant’s Representation
Clarification is required to ensure the minor earthworks proposed on lots 8 & 9 would be consistent with requirements of minor works.
Assessment of Representation
In preparation for the 22 March 2022 meeting, the applicant’s engineer noted that “by undertaking minor earthworks to the lots on the north side of the new road (Lot 9 max fill at rear of 400mm, lot 8 max cut of 300mm at the front), these lots can be shaped to fall towards the new road”.
Following up on the meeting on 22 March 2022, the applicant’s engineer noted that “the minor earthworks proposed on lots 8 & 9 would be consistent with requirements outlined in condition 47”.
It is Council position that 400mm filling and 300mm are minor earthworks. The applicant’s engineer agrees that these works are consistent with the requirements of condition 47.
Given the above and the fact that the earthworks for the development will be assessed under a future operational works application, it is recommended that Council disagrees with this representation and that condition 47 remains unchanged. However, the current wording of condition 47 does not recognise the substantial earthworks that are required to facilitate the fall required for the new sewer line though the showgrounds. Accordingly, condition 47 is to be amended to read as follows:
No retaining walls/earthworks are to be undertaken and/or constructed or occur, with only minor works permitted that are necessary to facilitate the roadworks, stormwater management and flood immunity for lot 10. Filling is permitted in accordance with the approved plans to facilitate the fall required for the new sewer line connection through the adjoining land to the south. The development must be undertaken in a manner which responds to the site’s constraints such that the natural landform is generally maintained. Any earthworks proposed must be detailed clearly in the application for Operational Works and be limited in extent to the reasonable satisfaction of Council.

Condition 49
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater). No lower-pressure sewer system (private pump systems) are permitted in order to provide sewer connection to the lots.
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each lot.
Applicant’s Representation
The applicant seeks to delete the words “No lower-pressure sewer system (private pump systems) are permitted in order to provide sewer connection to the lots” from the condition, noting the following:
The owner is working towards a reticulated gravity sewer through the showgrounds land to the south. There is an ‘in principle’ agreement to extend the sewer main to connect this lot. Further written correspondence is imminent and can be provided as part of the Operational Works package.
This condition is considered unreasonable as Council is not the water and sewerage authority.
Assessment of Representation
It is Council’s opinion that, even though Unity Water will be managing all future sewer assets for the development, the alignment of the rising mains would need to be in accordance with the standard drawing or have Council’s approval for a non-standard alignment.
The proposal to use private sewer pump systems also raises a number of questions, which have to be resolved especially when the works will be mostly located on road reserve:
Design of the system – Will there be a single common rising main on either side of the road or will there be 1 for each property?
Pumps systems – Who is responsible if a pump fails?
Rising mains on road reserve – Noting that Council does not support private infrastructure on road reserve, will the rising mains be privately owned or will they be a Unity Water asset? Who would be responsible for accidental damage by a member of the public?
An Infrastructure Agreement would be required for the applicant to use Council land for the placement of private infrastructure
The applicant hasn’t been able to provide a definitive answer to these questions.
It is Council’s opinion that certainty must be provided of how the lots will be serviced, before Council agrees to an arrangement that is not the standard Unitywater owned gravity system.
It is recommended that Council disagrees with amending condition 49.

conclusion & reasons for decision
The representations have been assessed and have been considered reasonable.
RECOMMENDATION
With regard to Application No. RAL21/0017, and the representations made, Council on 4 April 2022 decided to:
A.	Agree to amend conditions 4, 29, 35, 38 and 47 to read as follows:
4.	This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 4 April 2026, unless an application to extend the currency period is approved by Council.
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, and must include in particular:
extension of the site stormwater system to accommodate stormwater from Pavilion Street;
DELETED
collection and discharge of stormwater to the proposed detention basin, including the provision of Level II inter-allotment drainage for lots which do not fall to the street and provision of kerb adapters for all new lots which do fall to the street
the use of gravity stormwater drainage and not surcharge pits.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
The new road must join smoothly with the existing formation of Pavilion Street. The works must be undertaken in accordance with an Operational Works approval, generally in accordance with TOD Consulting’s plan 21556-SK101: “Preliminary Design – General Arrangement”, Rev C, dated 11/11/2021 and be designed and constructed in accordance with Council’s Planning Scheme Policy 6 – Engineering Design Standards. The works must include in particular:
reserve and formation widths to a “Local Road” standard;
sealing, drainage, kerbing and channelling;
construction of pedestrian footpaths in accordance with the conditions of this Decision Notice;
installation of street and pathway lighting;
provision of sight distances adequate for the design speed of the road;
signage and linemarking; and
a turning head constructed between lots 6 and 7.
38.	Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 2 metre wide footpath within one side of the new road’s verge for the entire length of the new road, connecting to the existing footpath on Pavilion Street – the footpath’s width can be reduced (to a minimum of 1.5m), only in locations where a 2m wide footpath would create a mismatching of levels with existing properties (i.e. 23 Pavilion St);
2 pram ramps in accordance with Council’s standard drawing SD:9006-Rev E, or the revision applicable at the time of construction, allowing for safe pedestrian crossing of the new road along Pavilion Street.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
No retaining walls/earthworks are to be undertaken and/or constructed or occur, with only minor works permitted that are necessary to facilitate the roadworks, stormwater management and flood immunity for lot 10. Filling is permitted facilitate the new sewer line connection through the adjoining land to the south in accordance with te approved plans. The development must be undertaken in a manner which responds to the site’s constraints such that the natural landform is generally maintained. Any earthworks proposed must be detailed clearly in the application for Operational Works and be limited in extent to the reasonable satisfaction of Council.

B.	Refuse to amend condition 49 for the following reasons:
The applicant has not provided sufficient material to justify the amendment of condition 49, additional information is required in relation to:
The design of the system.
Number of rising mains.
Clarification of responsibility if a pump fails.
Will the rising mains be privately owned or will they be a Unity Water asset.
Clarification as to who would be responsible for accidental damage by a member of the public.
A private pump station is not a desirable outcome for an urban residential lot and amendment of condition 49 would result in private infrastructure being located in the Council’s road reserve.
An Infrastructure Agreement would be required for the applicant to use Council land for the placement of private infrastructure and no Infrastructure Agreement has been provided.

C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

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