Council Planning Report REC17 0011

REC17/0011 Representations to Decision Notice for Reconfiguring a Lot, 2 lots into 21 lots at 29 and 35A Tait st and 14 & 20 eagle dve, tewantin

Document information

Author	Manager Development Assessment, Kerri Coyle
Environment and Sustainable Development

Index	ECM/ Application/ REC17/0011

Attachments	1.	Proposed amended staging layout

APPLICATION DETAILS
Applicant	Eagle Rise Developments Pty Ltd
Proposal	Development Permit to Reconfigure a Lot - 2 Lots into 21 Lots

PROPERTY DETAILS
Property Address	29 Tait St Tewantin Qld 4565
RP Description	Lot 3 RP 149498 Lot 31 RP 149497 Lot 6 RP 149498 Lot 10 SP 241386
Land Area	17,936m2
Existing Use of Land	Detached House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin and Doonan Locality
Zone	Detached Housing
Overlays	Natural Hazards Overlay (Acid Sulphate Soils)
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 6 February 2018 regarding representations to development approval  REC17/0011 for Reconfiguring a Lot situated at 29 Tait Street, Tewantin   and:
A.	Agree to amend conditions 2 and 15d as follows:
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
1702	B	Eagle Drive – Tewantin Detailed Lot Layout prepared by Haynes Consulting Engineers	12.12.2017
15.	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 must include in particular:
Provision of 1 native street tree within the road reserve for every 8 metres of new road.
100mm deep mulching and landscaping to any batter within road reserves that exceed 1 in 4 slope (25%).
Turf and garden beds to road reserve, including retained trees.
Retaining walls within the bio-basin must be constructed or permanently faced with grouted rock or materials which provide for a natural appearance such as sandstone, bluestone, granite or the like.
Removal of all weeds species listed in the following standards and legislation.
3.4.1. declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003.
3.4.2. The Noosa Local Government Area Pest Management Plan 2015-2019.
B.	Agree to delete condition 23b.
C.	Refuse to delete or amend conditions 3, 7, 13, 20, 21 and 22 and offset the infrastructure charges payable for the development.

REPORT
Background
An application for a Development Permit to Reconfigure a Lot for 2 lots into 21 lots was approved by Council at its Ordinary Meeting on 16 November 2017.  The applicant proposed to undertake the subdivision in 2 stages, with the first stage creating 10 lots and the second stage an additional 11 lots.  Part of the development included the creation of a stormwater easement over 29 Tait Street and the construction of a detention basin in 14 Eagle Drive to manage stormwater from the development.  The application was required to follow a code assessment process and so was not required to be publicly notified.

Figure 1 – Layout

representations made by applicant
The applicant suspended the appeal period on 4 December 2017 and made representations on 20 December 2017 to the development approval conditions.  The representations primarily include a revised staging plan, seek deletion of a condition requiring an alternative access for lots 7 & 8 and a reduction to the infrastructure charges payable for the development.
assessment
A summary and an assessment of the representations made to each of the conditions is provided below:
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
1702	A	Eagle Drive – Tewantin Detailed Lot Layout prepared by Haynes Consulting Engineers	18.10.2017
Applicant’s Representations
The applicant requests that the approved plans table be updated to reflect the latest revision which includes an amendment to the proposed staging.  Stage 1 is now intended to be broken down to Stages 1A and 1B to allow for a separate lot to be created for the existing house.  This revised staging plan is included as Attachment 1.  Notably, the proposed new road reserve, extending Eagle Drive, will now be required to be dedicated with Stage 1B.
Assessment of Representations
The revised staging plan is acceptable and accordingly the condition may amended to refer to the new plan numbers.
Condition 3 - Truncation of Lot 15
3.	The north-eastern corner of proposed Lot 15 and the south-eastern corner of proposed Lot 12 must be truncated to provide a minimum 3.5m wide verge from the new kerb line. The truncations must be created with 3 chords.
Applicant’s Representations
The applicant seeks that condition 3 be deleted as it is intended that Eagle Drive be extended beyond the proposed reconfiguration and at this stage balance areas have been provided to enable manoeuvrability of waste collection vehicles.
Assessment of Representations
While it is acknowledged that the adjoining property to the east will have a similar approval in place, the subject development must be able to function on its own. It is not recommended therefore that the condition be deleted as it provides for a suitable verge area between the kerb and the property boundary. Notably, the standard verge width in Planning Scheme Policy 5 for residential areas is 4.5m.
Conditions 7 & 21 & 22 – Access to Lots 7 & 8 and External Works
7.	Access to proposed Lots 7 and 8 must be from the Road 86419 frontage only (northern boundary) and the approved plans amended accordingly. The works must be undertaken in accordance with an Operational Works approval and must be constructed prior to the sealing of the survey plan.  The works must include in particular:
a half road construction consisting of 3m wide seal, kerbing and channelling and  extending from the Tait Street formation for a distance of 40 metres from Tait Street (western boundary of Lot 6) terminating in a temporary turnaround;
the intersection with Tait Street;
the northern half of the new road constructed with a gravel formation;
the realignment of the existing vehicle track to join to the end of the southern half of the new road;
the removal of the redundant sections of the existing vehicle track and the areas turfed or grass seeded;
the construction of the vehicle access to proposed Lots 7 and 8.
21.	The access driveways to service Lots 20 and 21 must extend for the full length of the access handle. The works must be undertaken in accordance with an Operational Works approval.
22.	Vehicle access to Lots 7 & 8 are limited to the Road 86419 frontage only (northern boundary).  A clause must be included in the contract of sale for Lots 7 & 8 which prohibits vehicle access being taken from Eagle Drive.
Applicant’s Representations
The applicant submits that lots 7 & 8 achieve the minimum area for battle-axe lots of 800m2 and safe access is able to be provided to these lots via the proposed 6m wide easement.  The applicant also submits that a neighbouring land owner subdivided land to the north of the road and paid Council contributions for this road to be upgraded but Council has not constructed the road.  Therefore, it is unreasonable for the subject property owner to build this road.
Further, to support the proposed layout the applicant will install a pool fence on the northern boundary of lot 7 and a portion of lot 8 up to the end of the road reserve.
The applicant therefore submits that conditions 7 and 22 be deleted and 21 amended to include proposed lots 7 and 8.
Assessment of Representations
While proposed lots 7 & 8 meet the minimum lot size for battle-axe lots, the Noosa Plan also requires that lots are arranged to front streets and public open space.  Developments are also required to upgrade the road frontages that adjoin their site.  It is recommended therefore that these conditions remain unchanged.
Condition 13 – Retention of Existing Native Trees
13.	Existing native trees on the site and in the road verge must be retained in accordance with an Arborist Report for the development and referenced in a Development Permit for Operational Works. The existing native trees to be retained must be located clear of proposed services, not present a nuisance to neighbouring properties and generally suitable for the proposed location.
Applicant’s Representations
The applicant notes in respect to the condition, that lots 1-5 will require minor fill and thus clearing.  The applicant further submits that they intend to maintain the vast majority of the native trees within the site and undertake clearing only where necessary such as for the road reserve and service areas.  As such, the applicant considers the requirement for an Arborist report as unnecessary and therefore request deletion of the condition.
Assessment of Representations
It is considered necessary to have an arborist assessment of the trees designated to be retained and/or removed to provide further information at the operational works stage of the development. Civil works within the root zones, alteration of surfaces and subsoil have the potential to impact on the health of trees. This arborist assessment will aid in the assessment of the retention viability of the trees and any risk associated with retention in public and private spaces. It is recommended this condition remain unchanged.
Condition 15d - Landscaping Works
15.	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 must include in particular:
Provision of 1 native street tree within the road reserve for every 8 metres of new road.
100mm deep mulching and landscaping to any batter within road reserves that exceed 1 in 4 slope (25%).
Turf and garden beds to road reserve, including retained trees.
Retaining walls within the bio-basin must be constructed or permanently faced with materials which provide for a natural appearance such as sandstone, bluestone, granite or the like.
Removal of all weeds species listed in the following standards and legislation.
3.4.1. declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003.
3.4.2.The Noosa Local Government Area Pest Management Plan 2015-2019.
Applicant’s Representations
The applicant submits that ‘grouted rock’ will be used for the retaining wall and therefore request the condition be amended to read:
d.	Retaining walls within the bio-basin must be constructed or permanently faced with grouted rock, or with materials which provide for a natural appearance such as sandstone, bluestone, granite or the like.
Assessment of Representations
The applicant’s request meets the intent of the condition and is considered reasonable. It is recommended that condition 15d be amended as requested.
Conditions 20 – Construction of Driveways
20.	A residential driveway must be constructed to each lot. The works must be undertaken in accordance with an Operational Works approval.
Applicant’s Representations
The applicant requests that the condition be deleted as each proposed lot and frontage is of sufficient size and length to be able to construct appropriate driveways without the need for Operational Works approval, which will unnecessarily restrict future building design on the lots.
Assessment of Representations
It is not recommended that the condition be deleted. The location of the driveways is critical on a number of the lots for safety reasons (9, 17), on others in an effort to maintain on-street parking opportunities and also to provide reasonable separation between driveways on the adjoining lots. The driveways can be located in the optimum position for the individual lot during the Operational Works application.
Condition 23b
23.	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 the road verge for the entire length shown on the approved plans.
A 1.5 metre wide footpath must be provided on the northern side of the bio-basin extending from Eagle Drive to Clarey Park and a pool fence must be provided between the footpath and the bio-basin
Applicant’s Representations
The applicant seeks that condition 23b be deleted as it is considered a footpath on the northern side of the biobasin extending from Eagle Drive to Clarey Park is unnecessary given an existing pathway is situated 2 lots to the south.  If a pathway beside the basin is required a full revision of the stormwater management plan is required and the requirement should have been identified earlier for the applicant to avoid further costs.  The basin area at 14 Eagle Drive is also tight and the basin will need deepening to maintain required volume which is not desirable.
Assessment of Representations
While an additional connection to the path is desirable, it is not necessary and further stormwater management advice indicates that this requirement does impact on the design of the basin and would require it to be deepened, which is undesirable.  It is therefore agreed to delete this condition.
Infrastructure Charges Notice
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
The total Infrastructure Charges Payable to Council are $306,027 which comprise $122,411 for transport; $153,014 for public parks and land for community facilities; and $30,602 for stormwater trunk networks.
Applicant’s Representations
The applicant submits that the acquisition of 14 Eagle Drive and dedication of this land as a drainage basin greatly improves the drainage scheme of the surrounding area.  The current 4.5ha catchment does not have an overland flow path and their proposal provides at significant cost well above proposed stormwater charges for this overland flow.  The applicant is providing Council with improvements to overland flow capacity for 4.5ha of adjacent developed land when only 1.5ha is their site being a 3ha catchment benefit to the Council and community.
The applicant also submits that 14 Eagle Drive provides a valuable community asset in the form of parkland which will serve and improve the amenity of both the proposed development and existing residential community. As such, the applicant submits that a full offset for the stormwater component ($30,602) as well as a ‘reasonable offset’ for the public parks and land for community facilities component be agreed.
Assessment of Representations
The acquisition of 14 Eagle Drive for the purpose of a stormwater drainage basin is required by the development itself to satisfy drainage requirements for it to proceed. The stormwater drainage basin is not identified as “future trunk” infrastructure in the current Priority Infrastructure Plan (Local Government Infrastructure Plan) (PIP/LGIP) contained in the current Noosa planning scheme and is also not identified in the Draft Local Government Infrastructure Plan (LGIP) currently with the State for review. The proposed stormwater infrastructure is therefore defined as “non-trunk” infrastructure by legislation.
The proposed stormwater infrastructure also does not satisfy the criteria for a conversion from “non-trunk” to “trunk” classification and therefore an offset against the infrastructure charges is not warranted.  While the proposed stormwater detention basin will result in some improvements to stormwater management in the area for the 2 direct neighbours and overland flow for the area, it does so simply because the site is the lowest point in the catchment, with the basin designed and sized to meet the requirements for their development only.  Further, Civil Operations advise that since 3 stormwater pits have been replaced in the last 5 years, there have been no callouts to this area due to any stormwater management issues.
It is therefore recommended that no offset be granted given the stormwater detention basin is required to manage stormwater for this development and there are no identified stormwater management issues for this area.
Notably, the infrastructure charge should also be amended to align with the revised staging plan now being proposed.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Environment Officer
Coordinator, Operational Works
Infrastructure Assessment Coordinator
Manager Civil Operations
conclusion & REASONS FOR DECISION
It is concluded that the amended staging plan is acceptable.  However, the proposal to remove the requirement for an alternative access to lots 7 & 8 and associated roadworks is not acceptable as it is desirable that these lots have road frontage.  Further, it is not recommended that Council offset the infrastructure charges payable for the development given the stormwater detention basin is required to serve the subject development and does not serve a trunk purpose.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			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	x	Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

[word/footer1.xml]
Page 4 of 8

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 FEBRUARY 2018

[Attachment: image1.png (image text)]
Tar
ANO NOT PART
6 600
tA
11
12
3
739
802
604
602
3
7
16
15
618
618
613
ONLY
| SYSTEM (NO OVERLAND FLOW
ow
ow
008,
EASEUE
18
2
oo
12
15
PARK
al