Negotiated Decision Request for Reconfiguring of 3 Lots into 17 Lots - REC13/0146 situated at 55 Lake Macdonald Drive, Cooroy

Negotiated Decision Request for Reconfiguring of 3 Lots into 17 Lots - REC13/0146 situated at 55 Lake Macdonald Drive, CooroyDocument information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM/ Application/ REC13/0146

Attachments	1.	Proposal Plans
2.	Playground Layout Plans
3.	Infrastructure Agreement

APPLICATION DETAILS
Applicant	Valkev Pty Ltd
Proposal	Negotiated Decision Request for Reconfiguring of 3 lots into 17 lots
Properly Made Date	21/11/2013
Information Request Date	18/12/2013
Information Response Date	06/06/2014
Decision Made Date	12/03/2015
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	55 Lake Macdonald Drive, Cooroy
RP Description	Lots 136 & Lot 137 MCH 978 & Lot 2 RP 173883
Land Area	6.04ha
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy and Lake Macdonald
Zone	Detached Housing Zone
Overlays	Biodiversity Overlay – Riparian Buffer
Assessment Type	Cooroy and Lake Macdonald

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 3 March 2015 regarding a request for a Negotiated Decision Notice for Reconfiguring 3 lots into 17 lots situated at 55 Lake Macdonald Drive, Cooroy and:
Agree to change the Preliminary Approval to a Development Permit with a relevant period of 4 years;
Agree to issue a Negotiated Decision Notice and change Condition 1 and 15  to read as follows:
Stormwater Detention and Flooding
The Development must be carried out in accordance with the revised Stormwater Detention and Flooding Report, prepared by BSM, dated 10 February 2015.
Deleted
Deleted
Active Park
Active park embellishments must be provided generally in accordance with drawing number 14/005-S01, titled Erindale Park, Cooroy Proposed Park Land Development Concept Plan, prepared by Play Environment Consulting dated 17.11.14 and 14/005-S02, titled Erindale Park, Cooroy Proposed Park Land Development Concept Plan, prepared by Play Environment Consulting dated 17.11.14. All works to be dedicated are “non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
Execute the Infrastructure Agreement for the provision of Park embellishments.

REPORT
Background
Council issued a Preliminary Approval on the 18 December 2014 to subdivide 3 lots into 17 lots. The Preliminary Approval was issued instead of a Development Permit because the applicant provided a flood detention strategy which raised concerns and posed unacceptable risks to surrounding residents and to Council. A condition was imposed to ensure an acceptable revised flood strategy was submitted prior to the issue of a Development Permit.

As part of the application the applicant requested to provide a playground in lieu of the Park portion of the Infrastructure Charges under the provisions of the Sustainable Planning Act 2009. No park embellishments are identified in the Priority Infrastructure Plan and consequently are not currently identified as Trunk Infrastructure. Therefore, to deliver the Park embellishments an Infrastructure Agreement was proposed in lieu of the Park Charge or if the Park Charges is paid, a refund of the Park Contribution amount paid.

The Park embellishments were discussed in the officer’s report at the time it was presented to Council. The Infrastructure Agreement was not executed at the time as a draft Infrastructure Agreement was being reviewed by Council’s solicitor.
PROPOSAL
The applicant seeks to upgrade this Preliminary Approval to a Development Permit through the negotiated decision process. The applicant has provided a revised flood detention strategy in accordance with Condition 1 of this Preliminary Approval. The Infrastructure Agreement for the Park embellishments has been checked by Council’s solicitor and signed by the applicant.
The applicant requests:
that Condition 1 be deleted as a conventional flood detention strategy has been provided;
the Infrastructure Agreement for Park embellishments in accordance with Condition 15 be executed; and
condition 15 be amended to reflect the most recent Park embellishment plans.
A copy of the proposal plans are provided as Attachment 1; the Park embellishment layout plans provided as Attachment 2 and the Infrastructure Agreement as Attachment 3.
site details
Site Description
The site is traversed by two tributaries of Six Mile Creek, described as the eastern and western tributaries. The western tributary runs from south to north and the eastern tributary runs from east to the north west corner of the land. The land is pasture except for a narrow stand of riparian vegetation along the tributaries and a low lying area to the southwest corner of the lot. The site slopes gently from the northern boundary toward the tributaries. The subject site is identified in Figure 1 below.

Figure 1 - Locality Plan
Surrounding Land Uses
The land adjoins Lake Macdonald Drive to the east, detached housing lots to the north and south, parkland and undeveloped Detached Housing zoned land to the west and Community Services land approved for detached housing lots (applications REC13/0148 and MCU13/0226 approved on 18 December 2014). The northern portion of land is approved for detached housing (REC14/0008 and REC14/0009 approved by Council on 18 December 2014).
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policies
The proposal meets the Integrated Development Assessment requirements of State Planning Policy 2014.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions.
Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy and Lake Macdonald locality and is zoned Detached Housing. The proposed subdivision for detached housing is identified as consistent within the zone and is required to follow a code assessable application process.
Condition 1 – Flooding
The applicant requests Condition 1 be deleted as a revised flood strategy has been provided in accordance with the Condition.
A Preliminary Approval was issued instead of a Development Permit because the applicant provided an unconventional flood detention strategy that relied upon the use of vegetation or “roughness” of the flood plain for flood detention storage and also proposed extensive re-profiling of the western tributary. This method was considered unacceptable, given the unconventionality, the risk to surrounding residents and to Council.
The applicant has provided a revised strategy that uses conventional storage and detention methods without relying on vegetation ‘roughness’ of the flood plain or extensive re-profiling of the western tributary. Some re-profiling is still proposed but it is within acceptable limits with the use of geo-fabric and plantings.  It is not agreed to delete the whole of Condition 1 but to change Condition 1 to ensure the development is carried out in accordance with the revised Flood Report prepared by BSM. Therefore the upgrading of the Preliminary Approval to a Development Permit is recommended to be supported.
Infrastructure Agreement  for Park embellishments
The applicant requests the Infrastructure Agreement be executed and Condition 15 reworded to reflect the most recent playground layout plans and the plans indicated in the IA.
Infrastructure Agreement
The Reconfiguring a Lot Code requires either a Park Contribution be paid or an active Park is provided in accordance with the Priority Infrastructure Plan. Given there is no active park (or planned) east of the railway, the applicant sought to provide an active park to offset the Park Contributions. This request was supported and approved as part of the Preliminary Approval issued by Council on 18 December 2014.
Council’s Park Project Officer provided an estimated cost of playground equipment as proposed by the applicant. The proposed playground is determined to be generally equivalent to the apportioned Park Contribution for the developments identified in the Infrastructure Agreement being the subject application, REC13/0148, REC14/0008 and REC14/0009. These developments subject of the Infrastructure Agreement are shown below in Figure 2.
Figure 2 - Subdivisions subject of IA

The cost of the playground is proposed to directly offset the apportioned Park Contribution of the Infrastructure Charges or, alternatively a refund of paid Park Contributions or a combination of both. It has been confirmed by the Director of Corporate Services that amounts of up to $150,000 can be refunded in the December quarter of the following financial year after the completion of works. Balance amounts of over $150,000 can be refunded in the December quarter in the second financial year after completion of the works.
The majority (Stage A) of the Park embellishments will be provided prior to the sealing of the plans and the basketball half court and rebound wall (Stage B) provided prior to sealing of the plans of the last subdivision of the 4 applications identified in the IA. Stage A of the Park embellishments include:
Natural play activity mound including the following equipment:
Slide
Boulder steps
Scramble wall
Tyre steps
Rope walk
Park signage, lighting and landscaping to the mound
Raised meeting point
Water supply and connection points
Double swing
Park shelter, settings and benches
Stage B will be provided prior to the sealing of the last plan of subdivision identified in the IA and consist of:
Basketball half court
Rebound wall
At the time of the Preliminary Approval a draft Infrastructure Agreement was being reviewed by Council’s solicitor. The Infrastructure Agreement has now been reviewed and signed by the applicant and it is recommended that Council execute the Infrastructure Agreement.  A copy of the Infrastructure Agreement is provided as Attachment 2.
Condition 15
The applicant requests that Condition 15 be changed to reflect the most recent playground plans which are also identified in the Infrastructure Agreement. It is recommended that Condition 15 be amended to reflect the revised plans. Only minor changes to the plans have occurred, such as the inclusion of an additional water connection point, staging of the works and a location to be determined for the basketball half court and rebound wall.
cONSULTATION
Referrals
The representations were forwarded to the following Council specialists:
Engineering Officer
Infrastructure Planning and Design
Civil Operations
The flood Strategy was externally peered review by Hydrology & Water Management Consulting Pty Ltd
conclusion
The applicant has provided a conventional flood detention strategy that meets the provisions of Condition 1 and the Planning Scheme. The Infrastructure Agreement which secures the Park embellishments has been checked by Council’s solicitor and signed by the applicant. The Sustainable Planning Act 2009 permits the assessment manager to upgrade a Preliminary Approval to a Development Permit as part of the Negotiated Decision process. In this regard, it is recommended this Preliminary Approval is upgraded to a Development Permit and the Infrastructure Agreement executed.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health		DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	03 MARCH 2015

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[Stage T- sealed
Inot part of the 1A

(100 INUNDATION LINE PLOTTED FROM STORMWATER
DETENTION & FLOODING REPORT PREPARED BY
BRISBANE STORMWATER MANAGEMENT

 

 

 

 

 

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