Delegated Report - Code - Planning RAL20 0031 · RAL20/0031

Author	Development Planner, Nadine Kirley
Development Assessment

APPLICATION DETAILS
Application No.	RAL20/0031
Applicant	Brett David Starkey
Proposal	Reconfiguring a Lot – 1 into 2 residential lots
Properly Made Date	3 December 2020
Information Request Date	24 December 2020
Information Response Date	8 March 2021
Decision Due Date	21 April 2021
Report Completed Date	8 April 2021
Report Reviewed By	Tara Norley – 14 April 2021

PROPERTY DETAILS
Property Address	The Palms 755/61 Noosa Springs Dr Noosa Heads Qld 4567
RP Description	Lot 55 GTP 107028
Land Area	1253 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Noosa Heads
Overlays	Acid Sulfate Soils Overlay Landslide Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval of a Development Permit for Reconfiguring a Lot – 1 into 2 residential lots.  The proposal involves the subdivision of Lot 55 on GTP107028 into 2 residential lots in the Noosa Springs Development.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Proposed Subdivision Plan

Figure 3 – Indicative building concept

site details
Background
The site is part of the Noosa Springs development and falls within Precinct D2 of the approved Noosa Springs Plan of Development no.67 (File: 10398 TR and Court Order 11 December 1997).
Permitted uses in Precincts D1 & D2 include Multiple dwelling, group housing development, carparking and access, service buildings, golf course, display houses or units and Estate Sales Offices.  The site is a part of an existing Group Title development, “The Palms – Noosa Springs” GTP107028.
The maximum dwelling unit yield in Precinct D1 and D2 is 164.  The applicant has provided information confirming that there are currently 68 lots existing within these precincts with a single dwelling approved for each lot that is currently occupied.

Site Description
The site is irregular in shape with a short hatchet access from the internal common road.  The site slopes to the east with a fall of approximately 4 metres.  No significant vegetation exists within the site. Existing services are connected to the site.  A water main traverses the site boundary in the neighbouring parcel and is protected by an easement.  An existing sewer connection is located near the north eastern corner of the site. Sewer reticulation is also located in the common property of the internal road.
Surrounding Land Uses
To the north and west of the site are existing residential dwellings.  The eastern land use is golf course while to the south is the esplanade to Lake Weyba
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:
Low Density Residential Zone Code;
Noosa Heads Local Plan Code;
Reconfiguring a Lot Code;
Works Codes;
Landslide Hazard Overlay Code
The subject site is located in Noosa Heads 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:
Plan of Development - Dwelling density
The proposed development is located within Precinct D2 on the approved Plan of Development no. 67, for Noosa Springs.  The maximum dwelling units permitted within Precincts D1 & D2 is 164.
The applicant has provided further advice that confirms one dwelling per lot has been approved on the lots within Precinct D1 and D2.  Table 1 below demonstrates the history of the changes to lots within the precinct and the current total number of registered lots:
Lot No.	Plan No	Lots	Dwellings
1-68	GTP107028	67	63
1	GTP107041	1	1
70 & 71	GTP 107480	2	1
Total	68	65
Maximum permitted in precinct	164	164
Proposed	1	2
Total including proposed	69	67
As demonstrated in the table above, and confirmed by the aerial photography of 2020, the number of dwellings will be well within the maximum dwelling density approved in the higher order approval.
Vehicle Manoeuvring
The indicative building concept indicates that a future dwelling of sufficient size has the capacity to be accommodated on each proposed lot.  The proposed right of way easement providing legal access to proposed lot 1 needs to be designed to maintain safe ingress and egress of vehicles.  There is a significant risk of conflict with vehicles reversing onto the right of way in the path of another car, primarily due to the 90 degree bend in the driveway.  The access will need to accommodate the manoeuvring of vehicles ensuring they can leave in a forward direction, while the proposed building envelope needs to consider that reversing vehicles must be provided with sufficient sight lines to be able to manoeuvre in the space without interrupting access by other vehicles.  Conditions in this regard can be added to the decision notice to address these issues.
Fit for Purpose
The applicant has provided an indicative building design for a dwelling on each of the proposed lots.  The concept design indicates that a 4 bedroom dwelling accommodating open space areas, setbacks and 2 car accommodation can be comfortably accommodated on each proposed lot.  The applicant has indicated that at this preliminary stage of design, it is estimated that these dwellings may be sufficiently large enough to be liveable, with a floor area in the vicinity of 200m2 at ground level with additional area available in an upper storey.  It is not the intent of this assessment to approve or refuse the building design but to demonstrate that a building of sufficient dimension for habitation and suitable living requirements can be accommodated on the proposed lots given their irregular dimension, vehicle manoeuvring and setbacks required.

Figure 4: Indicative building areas for future dwelling - Ground level
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer
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 RAL20/0031 for a Reconfiguring a Lot – 1 into 2 residential lots situated at The Palms 755/61 Noosa Springs Dr Noosa Heads Qld 4567 and described as Lot 55 GTP 107028, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL20/0031
Street address:	The Palms 755/61 Noosa Springs Drive, Noosa Heads Qld 4567
Real property description:	Lot 55 GTP 107028
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 Lot into 2 Lots
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
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
M1806S03 19 (Sheet 1 of 1)	D	Reconfiguration Plan, prepared by JF&P Consultants as amended in red by Council.	1 December 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
The Currency Period for this development approval lapses if the development has not happened by 14 April 2025, unless an application to extend the currency period is approved by Council.
Landscaping and Fencing
Any landscaping or fencing within Lots 1 and 2 shall maintain clear line of sight for vehicles using the access easement.
Property Access and Driveways
All vehicles must enter and exit the lots in a forward gear. The design of each residence must provide sufficient area for on-site manoeuvring of vehicles.
Note: A property note will be added to Council’s rates records for Lots 1 and 2.
A sealed access driveway must be provided from the end of the formation in Noosa Springs Drive to the common boundary between Lots 1 and 2. The works must be undertaken in accordance with an Operational Works approval and must be generally in accordance with:
plan shown on page 2 of Document named “Alan Starkey”, submitted to Council, via email on 8 March 2021;
a sealed driveway extending for the full length of the access easement to Lot 1. The driveway must be a minimum of 3.5m wide and widened where necessary to wholly encompass the swept path for a B99 vehicle. The driveway construction must also include underground service conduits for all utility services.
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 and must include in particular:
the works generally in accordance with Drawing C6276/21/D01, titled “Stormwater Drainage Layout Plan”, dated February 2021 and prepared by Walsh Consulting Engineers.
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and 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
Easements – generally in accordance with Drawing M1806S03 19, Issue F, titled “Reconfiguration Plan”, dated 03/03/2021 and prepared by JFP Urban Consultants – must be registered against the titles of the properties as follows:
Proposed Access Easement over Lot 2 must be registered against the title of property 2 in favour of Lot 1; and
Proposed Stormwater Easement over Lot 1 must be registered against the title of property 1 in favour of Lot 2.
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 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.
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.
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.
All retaining walls and associated foundations/footings must be wholly contained within the lot they support.
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
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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.
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.
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. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
The following property notes will be placed against the subject property in Council’s property record system:
RAL20/0031 – Property Access Driveway and Carparking
The following notation or similar applies to approved lots 1 and 2:
Private Certifiers, owners and prospective purchasers are notified that special access, carparking and setback requirements apply to this parcel of land. Contact Council's Planning Department for Details. (Refer to Council Approval RAL20/0031).
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	Driveway Access, Road work, Stormwater, Drainage work, and Earthworks
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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