Delegated Report - Code - Planning MCU19 0013

Author	Development Planner, Billy Glover
Development Assessment

APPLICATION DETAILS
Application No.	MCU19/0013
Applicant	Robert Francis Erharter
Proposal	Material Change of Use - Multiple Housing - Type 2 Duplex Reconfiguration of a Lot - Community Titles Scheme (2 Lots)
Properly Made Date	29 January 2019
Information Request Date	20 February 2019
Information Response Date	11 April 2019
Decision Due Date	29 May 2019
Report Completed Date	1 May 2019

PROPERTY DETAILS
Property Address	10 Opal St Cooroy Qld 4563
RP Description	Lot 6 RP 82318
Land Area	1,009.52m²
Existing Use of Land	Detached House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake Macdonald
Zone	Attached Housing
Overlays	Nil
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Multiple Housing - Type 2 Duplex and Reconfiguring a Lot – Community Titles Scheme (2 Lots).
The proposed duplex development comprises of 2 x 4 bedroom dwelling units. The existing brick and tile dwelling (proposed lot 1) contains a kitchen, dining, lounge, family, bathroom, main ensuite and double garage.The proposed dwelling (proposed lot 2) contains a kitchen, dining, family, bathroom, main ensuite and double garage. External materials consistent of exposed brick work and a traditional style 21 degree pitched colorbond roof.
The locality and proposal plans are included below.
Figure 1 – Locality Plan

Figure 2 – Site Plan
Figure 3 – Existing Dwelling Floor Plan

Figure 4 – Proposed Second Dwelling Floor Plan

Figure 5 – Proposed Second Dwelling Elevations

site details
Background
The site was surveyed circa 1955.
Site Description
The site contains an existing Detached House. The site is relatively flat and has frontage to both Opal Street and Opal Lane.
Surrounding Land Uses
The site is surrounded by residential uses within the Attached, Semi-Attached and Detached Housing Zones. Business, sport and recreation and community uses exist to the north and west of the site.
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
Landscaping Code
Engineering Works Codes
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Attached Housing. The proposed use is defined as a consistent use within the zone and is required to follow a code 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
Site Area	Not applicable	1,009.52m²	
Population density	10.09 persons max	6.6 persons	
Gross floor area/ Plot ratio	0.45:1 max.	Lot 1 – 133m2 Lot 2 – 153.5m2 0.28:1 (286.5m²)	
Site cover	40% max	39.3%	
Landscaped open space Soft landscaping Landscaping Setbacks	264m² min min 60% of total 6m width, minimum 3m soft landscaping	446m² 100% of total 6.2m & 4.5m	
Building height storeys metres	2 storeys max 8 metres	1 storey 5.8 metres	
Boundary setbacks Frontage (street) Side (east) Side (west) Rear (lane)	6 metres 1.5/2 metres 1.5/2 metres 6 metres	4.56 metres (existing) 1.5 metres 5.6 metres 6.15 metres	X
Roof Form Pitch Eaves	Min 12 degrees Min 600mm to 75%	21 degrees 600mm to 94%	Condition
Length of wall	15 metres max	16.7 metres	X
Carparking	1 space per dwelling unit plus 1 visitor space	4 covered	
Minimum lot size (Reconfiguration of a lot)	1,500m2	507m2 and 498m2	X
Front Boundary Setback
Schedule 1 – Minimum Boundary Setbacks requires a minimum front boundary setback of 6 metres. The garage and front porch roof of the existing house is located 4.56 metres from the front boundary (Opal Street) in lieu of 6 metres.
The 4.56 metre setback already exists and allows for vegetation to be provided at the front of the site. An open carport was approved on the adjoining property (8 Opal Street) 3.3 metres from the front boundary in lieu of 6 metres. All other residential development in Opal Street appears to comply with the 6 metre front setback.
The existing single level house does not appear dissimilar or out of character to the adjoining and surrounding development in the street. The existing front setback encroachment is considered reasonable and recommended to be supported.
Front Fence (Opal Street)
Probable Solutions S45.1, S45.2 and S45.3 of the Cooroy & Lake Macdonald Locality specify requirements for front fences as follows:
Front fences or walls are setback an average of 1 metre and are articulated to provide visual interest by stepping the design at maximum 5m intervals. The area of land between the fence and the front property boundary shall be densely landscaped to screen any fencing from the street. Any fencing on the boundary which is not screened by vegetation is either less than 1.2m high or of an open construction.
The existing 1.8m (approx.) high solid fence is located on the front boundary and is unarticulated. The access to the site from Opal Street is not intensifying by the proposed use and the built form will remain the same as what is currently existing as the Detached House development. The applicant proposes to retain the existing fence for the proposed development. This will be consistent with and in character with development along Opal Street.
The existing front fence is supported subject to conditions requiring the fence to be finished in muted tone(s) and street trees to be planted on the road reserve. The conditions are recommended as follows:
Front Fence (Opal Street)
The existing front fence on the Opal Street frontage must be finished in muted tone(s).
Street Trees
3 x street trees must be planted in the Opal Street road reserve in accordance with an Operational Works approval.
Length of Wall
Probable Solution S42.1 of the Cooroy & Lake Macdonald Locality Code states:
buildings and structures are designed to have a maximum wall length of 15m and each external wall plane incorporates at least one design element to add visual interest and amenity (such as windows, pergolas, sun shading devices, balconies or a change of building material).
Both of the proposed dwelling units have unarticulated walls in exceedance of 15 metres in length.
The existing dwelling (unit 1) has a wall 18.6 metres in length on the western elevation and the proposed unit 2 has two unarticulated walls, 17.6 metres in length on the western elevation and 16.9 metres in length on the eastern elevation.
Given that unit 1 exists and there is no change to the built form, the length of wall for the existing dwelling raises no concerns.
Due to the location of sewer gravity and pressure mains inside the property boundaries along the western side of the site, unit 2 would be well setback from the western boundary, in excess of 5.6 metres. The proposed unit 2 is single storey only, has a compliant traditional roof form and sufficient area is retained on site to provide soft landscaping and screening vegetation.
The exceeding wall length is recommended to be supported subject to a condition requiring screening vegetation along the eastern boundary of the proposed unit 2. The condition is recommended to read as follows:
Screening Vegetation
Screening vegetation must be planted along the eastern boundary for the extent of the new dwelling on the new lot 2, in accordance with an Operational Works approval.
Minimum Allotment Areas - Reconfiguration of a lot (Community Titles Scheme)
The reconfiguring a lot code prescribes a minimum allotment area of 1,500m2 for sites in the Attached Housing Zone.
The applicant proposes to reconfigure the subject lot under a community titles scheme. The reconfiguration results in two lots, 507m2 and 498m2 in area.
Whilst the proposed lot areas are less than the minimum prescribed by the code, Council has previously accepted and approved development applications seeking lot reconfigurations under community titles schemes that result in lots with less than the minimum allotment area.
The proposed reconfiguration of a lot is recommended to be supported subject to the following condition:
Nature and Extent of Approved Use
Both dwellings must be fully constructed prior to the issue of the Plan Seal approval for the Community Titles Scheme.
Engineering Comments
The engineering issues with the proposed development relate to stormwater and access/frontage works.
Stormwater
In response to Council’s information request the applicant has submitted an Integrated Water Management Plan which addresses both stormwater quantity and quality which demonstrates the development will not have any off-site impacts.
Access/Frontage
The subject site has 2 frontages, Opal Street and Opal Lane.
Opal Lane. The road formation across the frontage of the subject site was recently constructed by the developer of the adjoining site to the west. No further frontage works are required.
Opal Street. The existing sealed formation in Opal Street does not extend across to the existing drainage line. The development of the adjoining sites both to the east and west of the subject site included conditions for the widening of the sealed formation and changes to the surface drainage system. It is considered reasonable for the subject site to also improve their frontage. Relevant conditions have been included.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Coordinator, Development Assessment
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 MCU19/0013 for a Material Change of Use - Multiple Housing - Type 2 Duplex & RAL19/0003 for a Reconfiguration of a Lot - Community Titles Scheme situated at 10 Opal St Cooroy Qld 4563 and described as Lot 6 RP 82318, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU19/0013
Street address:	10 Opal St Cooroy Qld 4563
Real property description:	Lot 6 RP 82318
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Multiple Housing - Type 2 Duplex
Development Permit for Reconfiguration of a Lot - Community Titles Scheme (2 Lots)
CURRENCY PERIOD of approval
The currency period for this development approval for Material Change of Use and Reconfiguring a Lot is 6 years starting the day that this development approval takes effect.
assessment manager conditions
Material Change of Use
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
-	-	Site, Subdivision and Preliminary Services Layout Plan As annotated by Council	29/01/2019
V.1 – 29.04	-	Site Cover Plan, drawn by Toth Environmental	10/04/2019
GJGSCN190173 2	E	Site Plan, drawn by G. J Gardner Homes	17/01/2019
GJGSCN190173 3	E	Lower Floor Plan, drawn by G. J Gardner Homes	17/01/2019
GJGSCN190173 4	E	Elevations, drawn by G. J Gardner Homes	17/01/2019
GJGSCN190173 6	E	Roof Catchment Plan, drawn by G. J Gardner Homes	17/01/2019
Nature and Extent of Approved Use
Both dwellings must be fully constructed prior to the issue of the Plan Seal approval for the Community Titles Scheme.
The total site cover of the development must not exceed 40%.
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 $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. 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.
Screening Vegetation
Screening vegetation must be planted along the eastern boundary for the extent of the new dwelling on the new lot 2, in accordance with PSP 3 Landscaping Plants and Guidelines and an Operational Works approval.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
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 the development site.
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.
Roof Form
Eaves on the new dwelling unit must be 600mm in width. 450mm wide eaves will achieve this solution provided there is a 150mm wide gutter that brings the total width to 600mm.
Protection of Privacy
To ensure privacy is protected between adjoining properties, any window/s, deck or the like that overlooks or has the potential to overlook the private open space or habitable room windows of neighbouring properties 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 positioned in such a way to obscure direct view.
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.
The existing fence along the Opal Street frontage may be retained, however any future fencing must comply with the fencing and walls conditions of this Decision Notice.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Community Management Statement
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.
External Works
Opal Street must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
kerb and channel on an alignment that is an extension of the existing kerb and channel to the west of the subject site and joins smoothly to the kerb and channel to the east of the site
widening and sealing of the existing road pavement
any necessary adjustments or modifications to the existing surface and piped stormwater drainage systems in Opal Street
any necessary adjustments to the existing property access
In this regard, specifications and plans detailing this work must be prepared in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks.
Site Access and Driveways
A sealed access driveway must be provided from Opal Street and Opal Lane 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 generally in accordance with Council’s Standard Drawings RS-049 and RS-050.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.
All stormwater drainage (including roof water overflow from the rainwater storage system) must be collected and discharged so there is no net increase in stormwater runoff from the site.  The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with the Proposed Duplex Integrated Water Management Plan – Version 0 dated April 2019 prepared by Callaghan & Toth Civil, Environmental and Hydraulic Engineers.
Electricity and Telecommunication Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
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.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
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.
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.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All earthworks and associated batters/walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Reconfiguration of a Lot
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
V.1 – 29.04	-	Site Cover Plan, drawn by Toth Environmental	10/04/2019
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
referral agencies
Not applicable.
Advisory notes
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased.
proposed fencing to the site during the construction phase of the development.
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads.
provision for worker car parking.
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures.
works programme identifying key components of the works and their respective durations.
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues.
identification of complaint management procedures including:
contact details for the on-site manager.
dispute resolution procedures.
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Community Title Scheme - Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
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	Frontage Works, Access, Landscaping & Stormwater
Development Permit for Building Works	All building works
Compliance Certificate	Plan Sealing
submissions
Not applicable.
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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