Negotiated Report (Representations made) MCU21 0015 · MCU21/0015

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Blake Coulston
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0015
Development Approval	Development Permit for Material Change of Use of Premises (Dual Occupancy)
Applicant	One Property
Representations Received On	26 May 2021
Number of Submissions for Original Application	Not Applicable

PROPERTY DETAILS
Property Address	21 Nannygai St Noosaville Qld 4566
RP Description	Lot 54 RP 76937
Land Area	607.0000 m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Medium Density Residential Zone Code
Overlays	Flood Hazard
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Material Change of Use of Premises (Dual Occupancy) was issued on 6 May 2021
The applicant suspended the appeal period and made representations on 26 May 2021 to the development approval conditions. The representations are detailed below but primarily relate to changing the type of approval from Preliminary approval to Approval and amend conditions accordingly.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 1, 2 & 3
The applicant is required to submit a further code assessable application for a Development Permit for Material Change of Use – Dual Occupancy complying with the conditions of this Preliminary Approval.
2. 	The following information must be submitted to Council prior to the issue of a Development 	Permit:
Amended plans, including cross section plans, which demonstrate that the development complies with the building height requirement at Acceptable Outcome AO8.1 of the Medium Density Zone Code;
Amended plans which demonstrate that the development complies with the site cover requirement at Acceptable Outcome AO10 of the Medium Density Zone Code;
Amended plans which demonstrate that the development complies with the plot ratio requirement at Acceptable Outcome AO11 of the Medium Density Zone Code;
Amended plans which provide for improved articulation and variation of materials and colour to the external north-western and south-eastern side elevations.
Amended plans which provide for one combined driveway access to the dual occupancy that is in accordance with Standard Drawing: RS-49.
Preliminary Approved Plans
3. 	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
1	E	Site Plan	22/04/2021
1A	E	Roof/Stormwater	22/04/2021
1C	E	Landscaping	22/04/2021
2	E	Ground Floor	22/04/2021
2A	E	First Floor	22/04/2021
2B	E	Ground Floor	22/04/2021
2C	E	First Floor	22/04/2021
3	D	Elevations A & B	09/03/2021
3A	D	Elevations C & D	09/03/2021
3B	D	Elevations A & B	09/03/2021
3C	D	Elevations C & D	09/03/2021
4	D	Section	09/03/2021
4A	D	Section	09/03/2021

Applicant’s Representation
The applicant has provided new proposal plans that achieve compliance with Condition 2 and therefore requests that the preliminary approval be changed to an approval.
A list of the new proposal plans are listed below.
Plan No.	Rev.	Plan/Document Name	Date
1	I	Site Plan	10/06/2021
1A	I	Roof/Stormwater	10/06/2021
1C	I	Landscaping	10/06/2021
1E	I	Perspective	10/06/2021
2	I	Ground Floor	10/06/2021
2A	I	First Floor	10/06/2021
2B	I	Ground Floor	10/06/2021
2C	I	First Floor	10/06/2021
3	I	Elevations A & B	10/06/2021
3A	I	Elevations C & D	10/06/2021
3B	I	Elevations A & B	10/06/2021
3C	I	Elevations C & D	10/06/2021
4	I	Section	10/06/2021
4A	I	Section	10/06/2021

Assessment of Representation
The applicant has provided new plans which address the issues set out in condition 2 and therefore the decision will be changed from Preliminary Approval to Approval and the conditions 1, 2 & 3 to be amended accordingly.

2a) The applicant has included RL’s on the elevations drawings demonstrating that the proposed dual occupancy does not exceed 8m in building height. The development is conditioned to ensure compliance with AO8.1 of the Medium Density Zone Code.

Figure 1 – RL’s demonstrating building height

2b) Review the new proposal plans the site cover of the dual occupancy is: 37.7% for the ground storey and 40% site cover on the upper floor storey and therefore compliant with AO10 of the Medium Density Zone Code.

Figure 2 – Site Cover calculation (House Type A)

Figure 3 – Site Cover calculation (House Type A)

Figure 4 – Site Cover calculation (House Type B)

Figure 5 – Site Cover calculation (House Type B)

2c) The review of the new proposal plans below indicate that the plot ratio of the new proposed are now approximately 0:395:1, and therefore compliant with AO11 of the Medium Density Residential Zone Code

Figure 6 – GFA Calculations

Figure 7 – GFA Calculations

Figure 8 – GFA Calculations

Figure 9 – GFA Calculations

2d. The applicant has added more articulation to the side elevations as well as various materials and design patterns for visual interest, along with the landscaping plan, the proposed design is considered sufficient for the side elevations.

Figure 10 – Articulation on side elevations

Figure 11 – Side Elevations with element designs

Figure 12 – Landscaping Plan

2e. The proposal plans demonstrate a shared driveway which is considered sufficient for the proposed use.

Figure 13 – Driveway Drawings

conclusion & reasons for decision
The applicant has provided updated proposal plans which have met the issues listed in condition 2. Therefore, it is agreed that the decision notice will be an approval and the conditions will be amended accordingly to reflect this.
RECOMMENDATION
With regard to Application No. MCU21/001, and the representations made, Council on 1 July 2021 decided to:
A.	Change approval type from Preliminary Approval to Approval;
B. 	Amend conditions accordingly;
i.	Amend Condition 1;
ii.	Delete Condition 2;
iii.	Amend Condition 3;
iv.	Amend Condition 4.
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

NDN Condition List:
When Conditions must be Complied With
1. 	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.
2.	Deleted.

Approved Plans
3. 	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
1	I	Site Plan	10/06/2021
1A	I	Roof/Stormwater	10/06/2021
1C	I	Landscaping	10/06/2021
1E	I	Perspective	10/06/2021
2	I	Ground Floor	10/06/2021
2A	I	First Floor	10/06/2021
2B	I	Ground Floor	10/06/2021
2C	I	First Floor	10/06/2021
3	I	Elevations A & B	10/06/2021
3A	I	Elevations C & D	10/06/2021
3B	I	Elevations A & B	10/06/2021
3C	I	Elevations C & D	10/06/2021
4	I	Section	10/06/2021
4A	I	Section	10/06/2021

Currency Period
4. 	This development approval lapses if the use has not happened by 1 July 2027, unless an 	application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings does not exceed the maximum height requirement of this Decision Notice.
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.
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 each 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.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like except where required to satisfy any privacy condition of this Decision Notice.
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, with exception to the pool wall which approximately 2.0 metres in height and will be shielded screened by substantial landscaping;
be 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, all windows located on the northern elevation of proposed residence B and southern of proposed residence A must either:
be fitted with translucent glazing
be fitted with a fixed external screen
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
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and Council’s Planning Scheme Policy PSP2 - Landscaping for the Noosaville area, and must include in particular:
Screening vegetation with a mature height not less than 2.5 metres must be planted between the north-eastern and south-western boundaries and each dwelling, running for the length of the boundary except where adjacent to the pool;
Screening vegetation with a mature height not less than 2.5 metres must be planted between the southern rear boundary, running for the length of the boundary;
Meaningful landscaping in the area between the front boundary and the dwellings;
Clearly identify the location, materials and height from natural ground and finished ground level of all fences; and
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.
The development site must be landscaped in accordance with Landscaping Plants and Guidelines and generally in accordance with the approved plans
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.
ENgineering
External Works
Nannygai 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:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
Site Access and Driveways
A sealed access driveway must be provided from Nannygai 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 a driveway crossover in accordance with Council’s Standard Drawings RS-049 and RS-050
Car Parking
A minimum of 3 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 Parking Facilities

Pedestrian and Bicycle Facilities
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 2.0m metre wide footpath within the road verge for the entire length of the site’s frontage to Nannygai Street
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval.
Electricity and 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.
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 fill and associated batters must be undertaken in accordance with an Operational Works approval, and 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.
ENVIRONMENTAL HEALTH CONDITIONS
Building Demolition/Removal/Relocation
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable =  background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
Assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building.  All equipment should be operating at the same time to test the overall noise level created, with the measurement location at either the residential boundary or outside the most exposed part of an affected building - whichever is the closest to the plant/equipment.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.

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