Negotiated Report (Representations made) MCU21 0156

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0156
Development Approval	Development Permit for Material Change of Use of Premises (Multiple Dwelling x 22)
Applicant	Davrus P/L TTE
Representations Received On	13 May 2022
Number of Submissions for Original Application	N/A

PROPERTY DETAILS
Property Address	89, 91 & 93 Eumundi Noosa Rd Noosaville
RP Description	Lot 80 RP 71151
Land Area	1285 m²
Existing Use of Land	Dwelling and various outbuildings

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

background
A development approval for a Development Permit for Material Change of Use of Premises (Multiple Dwelling) was approved on 4 April 2022.
The applicant suspended the appeal period and made representations on 13 May 2022 to the development approval conditions. The representations are detailed below.
The applicant has responded to changes annotated and conditions relating to design and landscaping and has submitted amended plans accordingly.  This relates to Condition 2 – plan set and Condition 7.  The applicant seeks to change existing Condition 15 relating to screening for Townhouse 1 and Condition 25 which requires the amalgamation of lots prior to the commencement of works on site to occur prior to plan sealing instead.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 2
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA.5	F	Site Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.6	G	Ground Floor Site Plan, prepared by Black Wood Architecture & design (as annotated by Council)	1/04/2022
DA.7	F	Level One Site Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.8	F	Site Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.9	F	Site Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.10	F	Site Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.11	F	Site Section, prepared by Black Wood Architecture & design	7/03/2022
DA.12	F	Ground Floor Plan: TH01-TH04, prepared by Black Wood Architecture & design	7/03/2022
DA.13	F	Level One Floor Plan: TH01-TH04, prepared by Black Wood Architecture & design	7/03/2022
DA.14	F	TH01-TH04 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.15	F	TH01-TH04 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.16	F	TH01-TH04 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.17	G	Ground Floor Plan: TH05-TH08, prepared by Black Wood Architecture & design (as annotated by Council)	1/04/2022
DA.18	F	Level One Floor Plan: TH05-TH08, prepared by Black Wood Architecture & design	7/03/2022
DA.19	F	TH05-TH08 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.20	F	TH05-TH08 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.21	F	TH05-TH08 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.22	F	Ground Floor Plan: TH09-TH12, prepared by Black Wood Architecture & design	7/03/2022
DA.23	F	Level One Floor Plan: TH09-TH012 prepared by Black Wood Architecture & design	7/03/2022
DA.24	F	TH09-TH12 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.25	F	TH09-TH12 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.26	F	TH09-TH12 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.27	F	Ground Floor Plan: TH13-TH16, prepared by Black Wood Architecture & design	7/03/2022
DA.28	F	Level One Floor Plan: TH13-TH16, prepared by Black Wood Architecture & design	7/03/2022
DA.29	F	TH13-TH16 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.30	F	TH13-TH16 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.31	F	TH13-TH16 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.32	F	Ground Floor Plan: TH17-TH18 + APT19-APT22, prepared by Black Wood Architecture & design	7/03/2022
DA.33	F	Level One Floor Plan: TH17-TH18 + APT19-APT22, prepared by Black Wood Architecture & design	7/03/2022
DA.34	F	TH17-TH18 + APT 19-22 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.35	F	TH17-TH18 + APT 19-22 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.36	F	TH17-TH18 + APT 19-22 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.37	F	Type A Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.38	F	Type A1 Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.39	F	Type B Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.40	F	Type C Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.41	F	Type D Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.42	F	Type E Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.43	F	Type F Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.44	F	External Materials & Finishes prepared by Black Wood Architecture & design	7/03/2022
DA.46	G	Landscape Area, prepared by Black Wood Architecture & design	30/03/2022
DA.48	F	Perspective 1, prepared by Black Wood Architecture & design	7/03/2022
DA.49	F	Perspective 2, prepared by Black Wood Architecture & design (as annotated by Council)	7/03/2022
DA.51	F	Perspective 4, prepared by Black Wood Architecture & design (as annotated by Council)	7/03/2022
DA.52	F	Perspective 5, prepared by Black Wood Architecture & design (as annotated by Council)	7/03/2022
DA.53	F	Perspective 6, prepared by Black Wood Architecture & design (as annotated by Council)	7/03/2022
DA.54	F	Perspective 7, prepared by Black Wood Architecture & design (as annotated by Council)	7/03/2022
DA.55	F	Perspective 8, prepared by Black Wood Architecture & design (as annotated by Council)	7/03/2022
DA.58	A	AO9 Accessibility Compliance, prepared by Black Wood Architecture & design	7/03/2022
DA.59	A	Type B1 Floor Plan, prepared by Black Wood Architecture & design	7/03/2022

The north elevation to building TH17 must include at least 1 additional external material finish to further add interest to the elevation, in order to break up the wall face.  Amended plans must be submitted to Council for approval prior to the issue of an operational works approval.
Applicant’s Representation
The applicant has submitted plans that respond to the annotations in the plan table in condition 2 and the articulation of the wall relating to TH17 as outlined in condition 7 of the approval.

The northern façade of TH17 has been amended to include a higher landscaped trellis to add interest to the elevation of townhouse 17, and break up the wall face.
Assessment of Representation
The amended plans submitted by the applicant are considered to comply with the annotations on the approved plans as outlined above and Condition 7.  It is therefore agreed to amend Condition 2 as requested by the applicant (to remove reference to annotations).  Further it is agreed to delete Condition 7, as the amended plan provided has satisfied the intent of this condition.

Condition 15
To ensure privacy is protected between adjoining properties to the north and west, TH 1-8 must:
provide screening devices to upper level balconies; and/or
have a minimum window sill height or 1.7 metres above floor level; and/or
be fitted with translucent glazing; and/or
be fitted with fixed external screens.

Applicant’s Representation
TH1 is located adjacent to Eumundi Noosa Rd and is readily visible from the road frontage. Although the northern balcony of the unit adjoins the neighbouring carpark, it is more readily visible from the street frontage and is required to be transparent as per the other units fronting this façade. In this regard, we seek for the condition to be updated to allow for visibility as per the attached perspectives.
The applicant seeks that reference to TH1-8 be updated to TH 2-8 to remove the requirement for townhouse 1.
Assessment of Representation
It is assumed that the applicant wishes for the balcony to remain open at the western aspect of the balcony, which faces Eumundi Noosa Rd and this is supported, acknowledging there is partial screening proposed at this aspect, while the balcony remains largely open.
The existing condition refers to property to the west, but this is a typographical error in the condition, which should refer to property to the east (as well as to the north).  Therefore, Condition 15 will be amended to refer to property to the east, instead of the west which satisfies the intent of balconies remaining open where facing the street.

Condition 25
All properties the subject of the development must be amalgamated into a single lot prior to approval of Building Works.  Certification and evidence of such amalgamation must be submitted to Council prior to commencement of works.

Applicant’s Representation
The applicant seeks for an amendment to the condition, as the easements for sewer need to be realigned and located on the site and surveyed on the single plan. In accordance with other approvals over more than one lot, we seek for the timing of the condition to be amended to occur prior to plan sealing.
The applicant’s consultant further advised: The certifier can issue the building approval, subject to the conditions that no final can be issued until the lots are amalgamated.
The plan for sealing is for the Built Unit Plan / Community Management Statement.
Assessment of Representation
Council seeks that the lots are amalgamated into one lot prior to ensure the use is over one lot only.  With regard to timing, it is agreed for council to receive evidence that amalgamation has occurred prior to the finalisation of the building unit plan or Community Management Statement, as there is no risk to Council. Therefore, it is proposed to amend Condition 25 as follows which is consistent with a similar development on Eumundi Noosa Rd.
25.	All properties subject to the development must be amalgamated into a single lot prior to endorsement of the first survey plan (plan seal) for the development and evidence of such amalgamation must be submitted to Council.

conclusion & reasons for decision
The applicant has responded to changes that largely relate to plans that were annotated or required amendments, in addition to a couple of minor changes.  The requested changes are supported.
RECOMMENDATION
With regard to Application No. MCU21/015 and the representations made, Council on 1 June 2022 decided to:
A.	Agree to amend conditions 2, 15 and 25 to read as follows:
Condition 2
Approved Plans
2.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA.5	F	Site Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.6	H	Ground Floor Site Plan, prepared by Black Wood Architecture & design	13/05/2022
DA.7	F	Level One Site Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.8	F	Site Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.9	F	Site Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.10	F	Site Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.11	F	Site Section, prepared by Black Wood Architecture & design	7/03/2022
DA.12	F	Ground Floor Plan: TH01-TH04, prepared by Black Wood Architecture & design	7/03/2022
DA.13	F	Level One Floor Plan: TH01-TH04, prepared by Black Wood Architecture & design	7/03/2022
DA.14	F	TH01-TH04 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.15	F	TH01-TH04 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.16	F	TH01-TH04 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.17	H	Ground Floor Plan: TH05-TH08, prepared by Black Wood Architecture & design	13/05/2022
DA.18	F	Level One Floor Plan: TH05-TH08, prepared by Black Wood Architecture & design	7/03/2022
DA.19	F	TH05-TH08 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.20	F	TH05-TH08 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.21	F	TH05-TH08 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.22	F	Ground Floor Plan: TH09-TH12, prepared by Black Wood Architecture & design	7/03/2022
DA.23	F	Level One Floor Plan: TH09-TH012 prepared by Black Wood Architecture & design	7/03/2022
DA.24	F	TH09-TH12 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.25	F	TH09-TH12 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.26	F	TH09-TH12 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.27	F	Ground Floor Plan: TH13-TH16, prepared by Black Wood Architecture & design	7/03/2022
DA.28	F	Level One Floor Plan: TH13-TH16, prepared by Black Wood Architecture & design	7/03/2022
DA.29	F	TH13-TH16 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.30	F	TH13-TH16 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.31	F	TH13-TH16 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.32	F	Ground Floor Plan: TH17-TH18 + APT19-APT22, prepared by Black Wood Architecture & design	7/03/2022
DA.33	F	Level One Floor Plan: TH17-TH18 + APT19-APT22, prepared by Black Wood Architecture & design	7/03/2022
DA.34	F	TH17-TH18 + APT 19-22 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.35	F	TH17-TH18 + APT 19-22 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.36	F	TH17-TH18 + APT 19-22 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.37	F	Type A Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.38	F	Type A1 Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.39	F	Type B Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.40	F	Type C Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.41	F	Type D Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.42	F	Type E Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.43	F	Type F Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.44	F	External Materials & Finishes prepared by Black Wood Architecture & design	7/03/2022
DA.46	G	Landscape Area, prepared by Black Wood Architecture & design	30/03/2022
DA.48	F	Perspective 1, prepared by Black Wood Architecture & design	7/03/2022
DA.49	G	Perspective 2, prepared by Black Wood Architecture & design	13/05/2022
DA.51	G	Perspective 4, prepared by Black Wood Architecture & design	13/05/2022
DA.52	G	Perspective 5, prepared by Black Wood Architecture & design	13/05/2022
DA.53	G	Perspective 6, prepared by Black Wood Architecture & design	13/05/2022
DA.54	G	Perspective 7, prepared by Black Wood Architecture & design	13/05/2022
DA.55	G	Perspective 8, prepared by Black Wood Architecture & design	13/05/2022
DA.58	A	AO9 Accessibility Compliance, prepared by Black Wood Architecture & design	7/03/2022
DA.59	A	Type B1 Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
To ensure privacy is protected between adjoining properties to the north and east, townhouses (TH) 1-8 must:
provide screening devices to upper level balconies; and/or
have a minimum window sill height or 1.7 metres above floor level; and/or
be fitted with translucent glazing; and/or
be fitted with fixed external screens.
25. 	All properties subject to the development must be amalgamated into a single lot prior to endorsement of the first survey plan (plan seal) for the development and evidence of such amalgamation must be submitted to Council.
B.	Delete condition 7.
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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Plan No.
DAG

DA17

DA49

DAS1

DAS2

DAS3

DAS4

DASS

Plan/Document Name
Ground Floor Site Plan, prepared by Black
Wood Architecture & design (as-annetated by

Council)
Ground Floor Plan: THOS-THO8, prepared by
Black Wood Architecture & design {as

annotated by Council)
Perspective 2, prepared by Black Wood
Architecture & design (as—annetated—by
Council}
Perspective 4, prepared by Black Wood
Architecture & design (as—annetated—by
Council}
Perspective 5, prepared by Black Wood
Architecture & design (as—annetated—by
Council}
Perspective 6, prepared by Black Wood
Architecture & design (as—annetated—by
Council}
Perspective 7, prepared by Black Wood
Architecture & design (as—annetated—by
Council}
Perspective 8, prepared by Black Wood
Architecture & design (as—annotated—by
Council}

Date
440412029
13/05/2022

440412022
13/05/2022

7103/2022
13/05/2022

7193/2022
13/05/2022

7193/2022
13/05/2022

7103/2022
13/05/2022

7103/2022
13/05/2022

7103/2022
13/05/2022

Please find attached updated plans with permeable paving indicated outside Town House
8 and the northern fagade of Town House 17 updated to include a freestanding trellis
covering the ground floor fagade.