Delegated Report - Impact - Planning MCU18 0094 · MCU18/0094

Author	Development Planner, Lisa Pienaar
APPLICATION DETAILS
Application No.	MCU18/0094
Applicant	Whatham Boys Property Trust
Proposal	Material Change of Use - Multiple Housing - Type 4 Conventional
Properly Made Date	13 June 2018
Information Request Date	27 June 2018
Information Response Date	23 July 2018
Decision Due Date	23 October 2018
Number of Submissions	1

PROPERTY DETAILS
Property Address	15 Garnet St Cooroy Qld 4563
RP Description	Lot 901 C 56011
Land Area	1,077m²
Existing Use of Land	Detached Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake Macdonald
Zone	Attached Housing Zone
Overlays	Nil
Assessment Type	Impact
PROPOSAL
The application seeks approval for a Material Change of Use - Multiple Housing - Type 4 Conventional. The proposal is for 1 x 3 bedroom unit and 3 x 2 bedroom units. The 2 bedroom units have a study/TV room. Each unit has a double garage with access to the site from Wattle Street. Refer to Figure 1 – Proposed units.

Figure 1 – Proposed units
site details
Site Description
The site has a lot area of 1,077m2 with a frontage of 20m to Garnet Street and 53m to Wattle Street. Existing development consists of a detached dwelling with ancillary residential structures. The site is generally flat with a slight fall towards Garnet Street. Refer Figure 2 – Subject site.

Figure 2 - Subject site
Surrounding Land Uses
Adjoining land uses consist of multiple dwellings (conventional) to the west and a single detached dwelling to the north. Directly to the east across Wattle Street is a 2 storey commercial development. The site is located on the periphery of the Cooroy Town Centre.
Background
A prelodgement meeting was held with the applicant regarding the proposal on 20 March 2018.  Items discussed were density, stormwater and setbacks. In addition, Council officers indicated that there is little support for greater density of site that what is required under Noosa Plan.
In addition, previous discussions with the applicant indicated a preference for access to be from Wattle Street, as this is the lower order street and additional access points on Garnet Street, being a heavy vehicle bypass was not desirable.
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.
The following codes from the Noosa Plan are applicable to this development:
Cooroy & Lake Macdonald Locality Code;
Residential Uses Code;
Engineering Works Code; and
Landscaping Code.
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Attached Housing. The proposed use is defined as consistent use within the zone and is required to follow an impact assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Population density	10.77 persons max	10.5 persons	
Gross floor area	431m² max	384m²	
Site cover	40% max	32%	
Landscaped open space Soft landscaping	315m² min Min 60% of total	315m² 60%	
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Boundary setbacks Front (Wattle) Side (north) Side (west) Front (Garnet)	6 metres min ½ Building Height ½ Building Height 6 metres min	3.2 (pergolas) and 4.1 metres to wall 5.2- 5.9 metres 6.5 metres 3.5-4.5 metres	X X
Length of wall	15 metres max	19 metres	X
Carparking	4 covered min 1 uncovered min	8 covered 1 uncovered	
Roof Form	5 degree pitch 600mm eaves to 75%	20 degree pitch >75%	
The proposal respects the scale and character of the Cooroy area and is well located as it adjoins the Cooroy local centre and is close to public transport.
Access
The proposal is located on the corner of Garnet and Wattle Streets, with the development accessing from Wattle Street. Previous discussions with the applicant indicated a preference for access to be from Wattle Street, as this is the lower order street and additional access points on Garnet Street, being a heavy vehicle bypass was not desirable.  Additional access points on a heavy vehicle bypass road could be problematic creating conflict points, especially close to an intersection. The applicant submitted the current design based on this.
A mango tree will be removed to allow the access to the site from Wattle Street.  It is important to note that a mango tree, not being a native species, can be removed at any point without Council involvement, whether the site is redeveloped or not. Noosa Plan does not recognise the retention of character trees that are not native. Further, if the access point where moved, this would not ensure the retention of this tree.
Setbacks
The proposal seeks reduced setbacks from the Wattle and Garnet Street frontages. The full length of the building is oriented to the Wattle Street frontage and has a 3.2 metre setback to the pergolas/patio area associated with each unit and 4.1 metres to the wall. The southern end of the building fronts Garnet Street where a setback of 3.5 metres applies for a length of 3.7 metres and a 4.5 metre applies for a length of 6.3 metres.
The proposed setback to Wattle Street is consistent with the setback of the dwelling on the property adjoining to the north which is setback 3 metres from Wattle St.  The majority of all residential properties on the eastern side of Wattle Street have front setbacks that range from 1.5-3.5 metres.  Setbacks on the western side of the street range from 2-6 metres. Wattle Street has an 11 metre wide road verge from the boundary to curb line which provides for decent setback from the road.
The proposed setback from Garnet Street is consistent with the adjoining property and other residential properties that have a setback ranging from 1-6 metres, with an average of 4 metres.  The proposed building is well articulated and uses a mix of materials (colourbond, fibre cement cladding, aluminium, glass and timber), colours and textures, and is consistent with the character of Cooroy. Minimum landscaping requirements have been met, which contribute to the character of the area and street. In summary, the proposed reduced setbacks from Wattle and Garnet Streets are considered acceptable in this case as it maintains the visual continuity and patterns within the street.
Built form, Privacy and overlooking
The ground floor of the buildings on the western side has a wall length of 19 metres. 
The probable solution requires a maximum of 15 metres. The ground floor includes some vertical elements such as doors and windows that break up the elevation into three distinct sections that are just over 6 metres long. It should also be noted that this elevation addresses the rear boundary and will not therefore will have little impact on the streetscape. Furthermore, the building is setback more than 6 metres from the rear boundary, it is considered that this will not have an adverse impact on the adjoining property.
The proposal will be conditioned that the upper level windows are at a minimum height of 1.5 metres, or suitably screened to minimise overlooking opportunities to the private open space of the property adjoining to the west.
Stormwater
Advice from Engineering officer Stormwater Disposal: It is considered undesirable that all the stormwater runoff from all the proposed 4 Units be discharged at a single point/location of the kerb & channel in Garnet St, as it is shown on the submitted Stormwater Management Plan. It is considered feasible and more desirable that the runoff from the north 2 Units be discharged into the kerb & channel in Wattle St. As this application is for MCU only this matter can be addressed in the OPW stage with no expected impact on the proposed layout.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineer, Development Assessment
Environment Officer, Development Assessment
Senior Officer, Transport & Traffic Infrastructure Planning

Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. 1 properly made submission was received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Concerns with a new boundary fence that will immediately adjoin an existing shed (on neighbouring property) which will limit access to the back of the shed for maintenance. The fence will also block out natural light to the workroom area of the shed and will devalue the property. Concerned with the disturbance of the soil and impact on the sheds foundations during construction.	A property owner legally can erect a fence on their boundary at any time, regardless of what use occurs on the site. When this site is developed, the applicant intends to put a retaining wall and fence above on this boundary at a height of 1.8 metres. Council officers cannot request that the fence be setback from the boundary and nor would this be reasonable.
Location of driveway and crossover on Wattle St does not comply with regulation (opposite Wimmers Lane) and results in an excessive amount of concrete which will have a negative impact on the streetscape. Wattle Street is very busy. Prefer that access by gained from Garnet Street.	The applicant was previously advised by council officers that access should be from Wattle Street, rather than from Garnet Street, being the lower order road. Garnet St is identified as a heavy vehicle bypass. The access needs to have adequate separation from the intersection with Garnet St and the chosen access location is logical access to the site.
Concerns with the loss of the existing mango tree – it is a character tree and provides screening to the existing backyard and private open space.	Although the mango tree has been on site for a considerable period of time, it is not a native tree. This can be removed at any time without Council involvement. Given the location of the tree on the property boundary, its proximity to the proposed driveway and the proposal to fill this part of the site to manage stormwater, it is considered unlikely that the tree can practically be retained. The proposal will necessitate the removal of this tree and provision of native species is required that are more appropriate to this area, meeting the acceptable outcome in Noosa Plan. The new boundary fence will be aesthetically pleasing and provide privacy to the submitter’s private open space.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU18/0094 for a Material Change of Use - Multiple Housing - Type 4 Conventional situated at 15 Garnet St Cooroy Qld 4563 and described as Lot 901 C 56011, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU18/0094
Street address:	15 Garnet St Cooroy Qld 4563
Real property description:	Lot 901 C 56011
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Multiple Housing - Type 4 Conventional
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
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
A10	F	Ground – Site Plan, drawn by Morriarchi Architecture	3 July 2018
A11	E	Level 1 – Roof – Site Plan, drawn by Morriarchi Architecture	3 July 2018
A12	C	Townhouse Type A (3 bed) – Floor Plans, drawn by Morriarchi Architecture	3 July 2018
A13	C	Townhouse Type B (2 bed) – Floor Plans, drawn by Morriarchi Architecture	3 July 2018
A14	A	Landscape Plan, drawn by Morriarchi Architecture	3 July 2018
A20	E	Elevations, drawn by Morriarchi Architecture	3 July 2018
A30	E	Sections, drawn by Morriarchi Architecture	3 July 2018
A80	E	Perspective Images, drawn by Morriarchi Architecture	3 July 2018
SD-1	C	Landscape Concept Plan, prepared by Project Urban	18 May 2018
Nature and Extent of Approved Use
This approval is for 1 x 3 bedroom unit and 3 x 2 bedroom units.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to pre-start meeting. 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.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
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. 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.
Protection of Privacy
To ensure privacy is protected between adjoining properties, the windows located on the upper western building face of the building must either:
have a minimum window sill height or 1.5 metres above floor level;
be fitted with translucent glazing;
be fitted with a fixed external screen.
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.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines and must include in particular:
the works shown on the approved Landscape Concept Plan using predominately local native species;
The provision of 6 x 100L local native street trees to the road frontages suitable for the location and sight lines.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
ENGINEERING
External Works
A 2.0m wide concrete footpath must be provided within the road verge for the entire length of the frontage of the site to Wattle Street.  The path must generally match with the existing grassed verge without causing a trip hazard. The works must be undertaken in accordance with an Operational Works approval and must include/address the following:
Be in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway Construction Details;
Be extended to smoothly tapered and join with the existing path along Garnet Street.
Reinstatement Works
Any redundant driveway and/or kerb layback must be removed, and the kerb line and verge area reinstated and landscaped to match the existing kerb and/or verge treatments.  Grassed verge areas to be reinstated must be provided with 100 mm topsoil and turf, and must be maintained by the developer until established.
The redundant private pathway connection within the grassed verge of Garnet Street must be removed, and verge area reinstated and landscaped to match the verge treatments.
Any badly damaged kerb and channel along the frontage of the site must be repaired to the reasonable satisfaction of Council’s representative.
Site Access and Driveways
A sealed access driveway must be provided from Wattle Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Driveway crossovers in accordance with IPWEAQ standard drawings R-049 and R-050 to grades prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades for the footpath and pedestrians movements along the footpath and the grassed verge without any step or trip hazard.
Car Parking
Car parking must be provided within the site generally as shown on the approved plans. The works must be undertaken in accordance with an Operational Works approval and must be in compliance with the provisions of AS/NZS 2890.1-2004 with allowance for standard vehicle to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
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
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point/s of discharge in Garnet Street and/or Wattle Street. The works must be undertaken in accordance with an Operational Works approval in compliance with the relevant sections of Queensland Urban Drainage Manual and supported by a detailed stormwater drainage design prepared and certified by a suitably qualified and experienced Registered Professional Civil Engineer (RPEQ).
The development of the site must not worsen existing drainage conditions on other properties by diverting stormwater runoff or cause additional stormwater ponding on any other property.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Earthworks and Retaining Walls
All earthworks must be carried out in compliance with an Operational Works Development Permit.
All earthworks and associated batters/retaining walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments, Council’s codes and relevant government regulations and guidelines. Certification must be provided by an RPEQ and submitted to Council prior to the issue of the Certificate of Classification for the building.
The development works must not adversely impact on the stability of the subject site, any other property or private or public structure.
Earthworks and development works carried out on site must not affect the structural integrity of any of the existing fences or structures that border the site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.
Telecommunication Services
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.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Contributions
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access, stormwater, frontage works
Development Permit for Building Works	All Building Works
submissions
There was 1 properly made submission about the application. In accordance with Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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