Delegated Report - Code - Planning RAL21 0005

Author	Development Planner,  Lisa Pienaar and Student Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0005
Applicant	CBD Settlers Cove Pty Ltd
Proposal	Reconfiguring a Lot - Residential
Properly Made Date	25 January 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	30 March 2021
Report Completed Date	24 February 2021
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	12-14 Serenity Cl Noosa Heads Qld 4567
RP Description	Lot 100 SP 305332
Land Area	13,450 m²
Existing Use of Land	Partly developed with Multiple dwelling units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	High Density Residential
Precinct	Not Applicable
Local Plan Area	Noosa Heads Local Plan Area
Overlays	Land Subject to Acid Sulfate Soils Overlay Biodiversity, Waterways and Wetlands Overlay Bushfire Hazard Overlay Landslide Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot – 1 into 2 residential lots to create a balance lot for staged development titling (Stage 4B).
The intent of the subdivision is described by the applicant as follows:
The reconfiguration is for the creation of proposed Lot 900, being a balance lot subdivision to facilitate the 2 stage development titling under MCU16/0143.01. Stage 1 of MCU16/0143.01 will be titled by Building Format Plan (BFP) with a balance lot (Lot 900 - subject of this application) created for the stage 2 development area. The stage 2 balance lot (Lot 900) will form part of the initial community titles scheme created for the development and will subsequently be extinguished by BFP upon completion of the stage 2 units.
The first stage of the development, 4A was completed in December 2020 and the proposed reconfiguration seeks to create an additional lot to reflect stage 2 of the development. It is noted the proposed boundary largely reflects the staging boundary on the plans approved under the Material Change of Use.
The subject application is required to enable the sealing of the survey plan for the first stage of the development and the creation of a lot for the second stage.
All necessary works have been undertaken or will be undertaken as part of the works associated with the MCU approval.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan
site details
Background
The site forms part of the Settlers Cover Master Planned Community and the lots have both been approved for unit developments since 2005. There are numerous approvals for units throughout this community.
A development approval for a Material Change of Use of Premises (MCU16/0143) – Multiple housing Type 3 Conventional – 37 units was issued on 15 June 2017.
The approval provided for a four storey development in two buildings with a common access over the two lots. Setback and height relaxations were granted.
A minor change to the Material Change of Use of Premises (MCU16.0143.01) – Multiple housing Type 3 Conventional – 37 units was issued on 22 May 2018.
Site Description
The development site is situated at the southern end of Serenity Close. It has partially been developed insofar as the first stage associated with MCU16/0143.01 has been completed. As a consequence of the subject site being under the preliminary stages of construction, the natural topography of the land has been affected. Presently the site rises at an approximately 13% from the south-eastern rear boundary towards the northern property boundary.
Surrounding Land Uses
The development site is within the Settlers Cover Master Planned Community which is intended to provide for permanent and visitor accommodation.  Some sites are developed, while 3 sites remain undeveloped. The land to the west of the subject site is within the Environmental Management and Conservation Zone and forms a buffer between the proposed development and Lake Weyba. The development site is located approximately 500 metres north-west of the Noosa Junction Central Business District.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Noosa Heads Local Plan Code;
High Density Residential Zone Code;
Reconfiguring a Lot Code;
Works Codes;
Acid Sulfate Soils Overlay Code
Biodiversity, Waterways and Wetlands Overlay Code
Bushfire Hazard Overlay Code
The subject site is located in Noosa Heads and is zoned High Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
Reconfiguring a Lot Code
The proposed lot sizes are 4444m2 and 8990m2 and therefore comply with the minimum lot sizes required under the Reconfiguring a Lot Code, which requires a minimum of 1200m2.
The entirety of the site is subject to the Acid Sulfate Soils Overlay, whilst only the southern boundary is subject to the Biodiversity, Waterways and Wetlands Overlay and Bushfire Hazard Overlays. The relevant overlays were assessed as part of the Material Change of use for multiple dwellings.  However the creation of a new boundary is discussed with respect to the Biodiversity Waterways and Wetlands Overlay Code as follows.

Biodiversity, Waterways and Wetlands Overlay Code
The site falls within the Biodiversity, Waterways and Wetlands Overlay map and is therefore subject to the Biodiversity, Waterways and Wetlands Overlay Code. The proposed boundary will dissect the mapped area which is towards the rear of the site. Boundaries through a riparian buffer are not supported by outcomes in Noosa Plan.  However in this instance, the site was previously 2 lots and existing side boundaries dissect the buffer area.  When the development was approved it did not envisage a separate lot would be created and it is understood, a separate lot is required for operational reasons.  Due to this specific circumstance, it is considered that the proposal meets the Performance outcomes of the Code as the riparian buffer area is protected by an existing environmental covenant as required by the higher order approval. Refer Figure 3 below.

Figure 3 Biodiversity, Waterways and Wetlands map
Staging
The Material Change of Use (for multiple dwelling units) was approved over one lot.  This proposal creates an additional balance lot for which multiple dwelling units are proposed.  Therefore, in order to recognise a newly created lot, it is proposed to include conditions that link back to the original Material Change of Use to ensure the conditions are complied with and are delivered for each stage.
Infrastructure charges
The subject lot previously was amalgamated from 2 lots and infrastructure charges were payable at that time.  There are no additional charges applicable to this proposal.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Co-ordinator, Development Assessment
Infrastructure Assessment 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 RAL21/0005 for a Reconfiguring a Lot – 1 into 2 residential lots situated at 12-14 Serenity Cl Noosa Heads and described as Lot 100 SP 305332, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0005
Street address:	12-14 Serenity Cl Noosa Heads Qld 4567
Real property description:	Lot 100 SP 305332
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – 1 into 2 residential lots
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
Unless otherwise stated, all works required by the conditions of this Decision Notice as relevant to each particular stage 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
SP195871	.	Survey Plan of Lots 1-22 & 900 & Common Property	09/12/2020
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.
Currency Period
This development approval lapses if the use has not happened by 24 February 2023, unless an application to extend the currency period is approved by Council.
Prior to sealing of the Building Format Plan for each stage all conditions of this Development Approval, and Development Approval MCU16/0143 and any subsequent approved changes, and any associated operational works approvals, as relevant to each particular stage must be completed and accepted by Council.  For completeness this includes at a minimum completing the following works to the reasonable satisfaction of Council prior to sealing of the plan of survey for each stage:
Any road access, frontage works and infrastructure services required to service the particular stage are constructed with that stage;
All landscaping works required for the particular stage are completed;
All car parking required for the particular stage are completed;
All stability requirements for the particular stage are completed;
Final building certification is provided for each building for the particular stage;
Compliance with maximum building height for each building for the particular stage is provided from a licensed surveyor; and
Payment of Infrastructure Contributions and Charges for the particular stage.
All development on the approved lots must be sited and constructed in accordance with the Approved Plans related to Development Approval MCU16/0143 and any subsequent approved changes.
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 subdivision plan to Council for endorsement.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice and, in particular, must include the following additional clauses:
Compliance with the Bushfire Management Plan approved by Development Approval MCU16/0143, including approved future amendments.
Compliance with the Stormwater Management Plan approved by Development Approval MCU16/0143, including approved future amendments.
Compliance with landscaping works approved by Development Approval MCU16/0143, including approved future amendments and associated Operational Works approval for the site.
Boundary Encroachments
Prior to the sealing of the survey plan for the relevant stage, certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice;
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement;
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement;
all retaining walls and structures are fully contained within the lot they retain;
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties.
Stormwater Drainage
The site must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
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 (Energex, NBN and Unitywater) 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.
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.

referral agencies
Not applicable.
Advisory notes
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Private Infrastructure
2. 	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
Not applicable.
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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