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Delegated Report - Code - Planning RAL21 0026
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Graduate Development Planner, Jada Lyons
Development Assessment
APPLICATION DETAILS
Application No. RAL21/0026 OPW21/0303
Applicant Stuart John Duncan
Katrina Nicole Duncan
Proposal Reconfiguring a Lot - Residential
Properly Made Date 25 October 2021
Information Request Date 15 November 2021
Information Response Date 7 April 2022
Decision Due Date 20 May 2022
Report Completed Date 20 May 2022
Report Reviewed By Patrick Murphy
PROPERTY DETAILS
Property Address 29 Currawong Cres Peregian Beach Qld 4573
RP Description Lot 373 P 93115
Land Area 1,786m²
Existing Use of Land Dwelling House & Shed
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential Zone Code
Precinct Not Applicable
Local Plan Area Coastal Communities Local Plan
Overlays Bushfire Hazard Overlay Code
Potential Impact Buffer
Unexploded Ordnance
Substantial
Document Set ID: 21928199
Version: 7, Version Date: 26/05/2022
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Page 2
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Reconfiguring a Lot - Residential. The proposal seeks to
reconfigure 1 lot into 2. The existing dwelling house and pool will be retained on Lot 31 and the
existing shed in the south-eastern corner of the property will be retained on Lot 32. A building
envelope with a use area of 514m2 is proposed for Lot 32. The applicant is also seeking Operational
Works approval for drainage, stormwater and the driveway.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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2. SITE DETAILS
2.1. Background
The dwelling house on the subject site was approved in 1999, with subsequent approvals given for
a pool in 2000 and a garage in 2004. A siting variation was approved in 2012 for the shed located
in the north-east corner of the site for a side setback of 4.3m.
2.2. Site Description
The subject site is a 1,784m2 corner lot with frontage to Currawong Crescent and David Low Way.
The site currently exhibits a dwelling house, pool and shed which are to be retained. There is
existing vegetation along the property boundaries.
2.3. Surrounding Land Uses
The subject site is surrounded by smaller residential lots and David Low Way sits adjacent to the
east.
3. ASSESSMENT
3.1. 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.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Coastal Communities Local Plan Code;
Reconfiguring a Lot Code.
The subject site is located in Peregian Beach and is zoned Low Density Residential. The proposed
use is identified 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
Lot Size Minimum 600m2 Current
1,784m2
Proposed
Lot 31 – 931m2
Lot 32 – 854m2
Lot Width Average 17m Current
(minimum 4.5m at
37.3m
frontage)
Proposed
Lot 31 – 20.5m
Lot 32 – 19m
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Reconfiguring a Lot Code
The proposed lot sizes are 931m2 for Lot 31 and 854m2 for Lot 32, which comply with the minimum
lot size of 600m2 as per the Reconfiguring a Lot Code. The proposal also complies with minimum
lot width, with Lot 31 to have a width of 20.5 metres and Lot 32 to have a width of 19 metres. The
shape of the proposed boundary between the two lots does not raise any concerns as it has been
designed to avoid the existing pool on Lot 31. The shape of the lots will not impact on future
development pursuits.
Low Density Residential Zone Code
Setbacks
The existing sheds on the northern boundary of the property do not comply with setback
requirements as per the Low Density Residential Zone Code. Due to the existing vegetation along
the northern and eastern boundaries, the structures do not raise any concerns regarding impacts
to adjoining properties or land uses.
Operational Works
The applicant has provided plans to provide for drainage, stormwater and an access driveway to
Lot 32. Council’s Development Assessment engineering officer has reviewed the plans and has
recommended relevant conditions that forms part of this approval.
4. CONSULTATION
4.1. Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Schedule 10, Part 4, Division 3, Table 1 (Planning
Regulation 2017): Premises contaminated because of unexploded ordnance.
The Department has responded advising that: Provide the owner, occupier and any person
employed to work on the subject site the following information:
(a) Residual UXO may still exist following remediation and all work should proceed with due
caution.
(b) The procedure to be followed by any person finding an object suspected of being
explosive ordnance or component thereof:
i. advise the police immediately
ii. do not disturb the object
iii. take action, where appropriate, to prevent it being disturbed.
(c) Another person:
i. note its approximate dimensions and general appearance
ii. note the route to its location.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer – comments and conditions provided
Comments:
The applicant suitably addressed all the items raised in the information request.
Frontage works (K&C and Footpath) were not required as – in line with the character and
characteristics of the street – there is no existing SW collection infrastructure in the area (i.e.
K&C would concentrate flows) and there is no footpath connection to the west of the subject
property.
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5. 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 RAL21/0026 OPW21/0303 for a Reconfiguring a Lot - Residential
situated at 29 Currawong Cres Peregian Beach Qld 4573 and described as Lot 373 P 93115, it is
recommended the application be approved in accordance with the following details for the Decision
Notice:
1. APPLICATION DETAILS
Application No: RAL21/0026 & OPW21/0303
Street address: 29 Currawong Cres Peregian Beach Qld 4573
Real property description: Lot 373 P 93115
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – (1 into 2)
Development Permit for Operational Works – Drainage, Stormwater & Driveway
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
RAL21/0026
PLANNING
When Conditions Must Be Complied With
1. 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
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
TS2122-POD B Plan of Development, prepared by Colston 18/10/2021
Surveyors
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
4. 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.
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Currency Period
5. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 20 May 2026, unless
an application to extend the currency period is approved by Council.
Boundary Encroachments
6. Certification must be submitted to Council from a Licensed Surveyor which certifies that:
a. 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
b. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement
ENGINEERING
Site Access and Driveways
7. Two sealed access driveways (one to each of the proposed lots 31 and 32) must be provided
from Currawong Cres to all parking and manoeuvring areas of the development. The works
must be undertaken in accordance with the conditions of this approval and must include in
particular driveway crossovers generally in accordance with Councils standard drawings RS-
049 and RS-050.
Stormwater Drainage
8. 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 the conditions of this approval.
Services
9. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
10. 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.
11. 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
12. 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.
13. 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.
14. 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
15. All fill and associated batters 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.
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16. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
17. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
18. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
OPW21/0303
APPROVED PLANS
19. 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
21/8698-2 B Proposed Site Plan March 2022
Prepared by Crocker & Associates Pty Ltd
21/8698-3 B Proposed Driveway to Lot.31 March 2022
Prepared by Crocker & Associates Pty Ltd
CURRENCY PERIOD
20. The Currency Period for this development approval lapses if the development has not
substantially started by 13 May 2024, unless an application to extend the currency period is
approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
21. All necessary approvals from external service providers (e.g. Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
22. Copy of approved plan 21/8698-3: “Proposed Driveway to Lot.31”, duly signed by the
consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to
Council’s Engineering Officer Construction prior to the “pre start” meeting
23. A condition report including photographs of the frontage of the site must be completed and
submitted to council prior to the prestart meeting.
24. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
25. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The
pre-start meeting must include the relevant parties for the following aspects of the works:
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a. Civil engineering works;
b. Erosion and sediment control works;
c. Other relevant parties
26. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD);
b. provision for safe pedestrian access across the frontage of the site both during daily
construction and after daily construction has ceased.
27. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
28. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
29. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
30. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
b. The relevant conditions of the higher order Reconfiguration of Lot approval viz.
RAL21/0026 to which this approval relates;
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines;
d. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
Works within Road Reserve/Reinstatement
31. Safe pedestrian access on all streets in the vicinity of the development must be maintained
at all times. Should footpath/road closures be necessary to carry out construction works,
Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
32. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
33. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Site Access and Driveways
34. Driveway crossovers must be constructed generally in accordance with council’s Standard
Drawings RS-049 and RS-050.
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35. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
36. The following must be complied with during the construction of the required
crossovers/driveways:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete;
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
c. The properties’ accesses must be located a minimum of 1m clear of existing power
poles, streetlights or other signage. The developer is responsible for any necessary
relocation of existing services to provide this clearance and must contact the relevant
service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
37. All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as
defined in Appendix B.
Stormwater Drainage
38. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
39. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g. by blocking or interfering with natural overland flows).
40. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
41. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination.
42. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
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43. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards * (Refer to Advisory Note).
44. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
45. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
46. Prior to the completion of the development and commencement of use, all site surfaces must
be effectively stabilised using methods which have achieved effective short-term stabilisation
and which will continue to achieve effective stabilisation in the medium to long-term. For the
purpose of this condition, an effectively stabilised surface is defined as one that does not, or
is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or
lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
47. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
48. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
Final Inspection
49. A final inspection and approval of the works and completed reinstatement works by Council’s
Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
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Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 10, Part 4, The agency provided its
at DILGP Via MyDAS2 Division 3, Table 1 response on 12
at https://prod2.dev- (Planning Regulation November 2021
assess.qld.gov.au/suite 2017): Premises (Reference No. 2111-
/ (for assistance, contaminated because of 25753 SRA. A copy of
contact DILGP at 5352 unexploded ordnance the response is
9701 or attached.
email:[email protected]
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. 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. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
General Advisory Notes
2. As these driveways are private structures, the owner bears full responsibly for the standard
of its construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed generally in accordance with standard drawings RS-
049 and RS-050.
3. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
4. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
5. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Prestart and Inspections Request
6. Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
7. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
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Environmental Advisory Notes
8. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
9. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control
10. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
11. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as
in the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
If at the time of request for plan sealing, the method of short-term stabilisation has not
achieved a level of stability that Council's Officers believe will have a high probability
of achieving long term stability (i.e. until house construction has occurred on all lots),
Council Officers may take the following matters into consideration in determining
whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at
an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective
grass cover.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. 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.
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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.
12. 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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