REC15/0023 - Delegated Assessment Report

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	REC15/0023
	
Author:	Wilhelm Koschade – Development Planner
	
Project Director:	Denis Wallace – COORDINATOR
	

SUMMARY:

APPLICATION DETAILS
Applicant:	D Wood
Proposal:	Development Permit to Reconfigure a Lot - 1 Lot into 2 Lots
Properly Made Date:	28/10/2015
Information Request Date:	11/11/2015
Info Response Received Date:	16/12/2015
Decision Due Date:	21/01/2016

PROPERTY DETAILS
Property Address:	9 Ravenwood Dr NOOSA HEADS  QLD  4567
RP Description:	Lot 70 RP 217095
Land Area:	1233 Square Metres
Existing Use of Land:	Detached Dwelling

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Area / Locality:	Noosa Heads Locality
Planning Precinct / Zone:	Detached Housing Zone
Assessment Type:	Code

PROPOSAL:

The application seeks approval for a Reconfiguration of a Lot (1 Lot into 2 Lots) at 9 Ravenwood Drive, Noosa Heads. Table 1 below details the proposed lot areas and Figure 1 and 2 depict the sites locality and subdivision layout.

Table 1 – Proposed Lot Sizes
Lot	Proposed Area
1	611sqm
2	622sqm

Figure 1: Locality Plan

Figure 2: Proposal Plan
SITE DETAILS:
Site Description
Site & Locality Description
Road Frontage	The subject site has a 41m frontage to Ravenwood Drive
Existing Significant Vegetation	Nil.
Topography:	The subject site is flat.
Surrounding Land Uses:	Detached houses/residential uses adjoin the subject site to the north and south. Land uses within the immediate vicinity consist of modern style dwellings (1-2 storeys).

The following planning scheme overlays are applicable to this application

Natural Hazards Overlay – Flood Hazard & Acid Sulfate Soils

STATUTORY ASSESSMENT:

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

Stormwater Infrastructure and Easement
An existing stormwater drain traverses the site discharging stormwater from Ravenwood Drive to the canal fronting the property to the east as depicted by Figure 3 below.

Figure 3: Existing Stormwater Drainage and Easement

The proposal includes the demolition of the existing dwelling and realignment of the drain and easement. The realignment intends to straighten the stormwater drain while retaining the location of the outlet at the canal and inlet at Ravenwood Drive. The drainage line and easement is to be wholly contained within proposed Lot 1. Both proposed Lot 1 and 2 comply with minimum lot size specifications. The realignment of the pipeline and easement being contained wholly within 1 lot is a desired and acceptable outcome. Proposed Lot 1 is suitably sized to accommodate both the stormwater drain and a suitable building pad with appropriate setbacks from the pipeline and property boundaries.

Local Area Provisions
The proposed subdivision complies with the requirements of the Noosa heads Locality Code as summarised below:
The proposed subdivision respects the amenity of adjoining lots and those surrounding uses;
The proposal will result in two allotments consistent in layout to both adjoining lots and lots within Ravenwood Drive; and
Both lots are suitably sized to accommodate building pads which are able to comply with boundary setback requirements and resemble a built form/scale similar to detached dwellings within the area.

Land Use and Works Provisions
The proposed subdivision complies with the requirements of the Reconfiguring a Lot Code as summarised below:
Proposed Lot 1 and 2 comply with minimum lot size specifications;
The site originally comprised of two separate lots in 1974 and then amalgamated in 1987;
Reticulated water and sewerage is available to the site including electricity/telecommunications services. The existing lot has an established connection to services and utilities.

CONSULTATION:

IDAS Referral Agencies

Nil
Other Referrals
The application was forwarded to the following internal council specialist:

Development Engineer, Engineering and Environment Assessment Branch
Their assessment forms part of this report.

CONCLUSION:
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that can not be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. REC15/0023 for a Reconfiguration of a Lot (1 Lot into 2 Lots) situated at 9 Ravenwood Dr NOOSA HEADS  QLD  4567 as identified in the attached details recommended for the Decision Notice.

Development Application Number REC15/0023

1.	APPLICATION DETAILS

Application No:	REC15/0023
Street Address:	9 Ravenwood Dr NOOSA HEADS  QLD  4567
Real Property Description:	Lot 70 RP 217095
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit to Reconfigure a Lot - 1 Lot into 2 Lots

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

Planning
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
15-3983AI	NA	Plan of Proposed Reconfiguration of Lot 70 on RP217095, prepared by Max Watterson + Associates	23-12-15
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.
ENGINEERING
Stormwater Drainage
The existing Council’s stormwater drainage pipeline on the property must be reconstructed to be centrally located within the proposed 3.0m wide drainage easement shown on the approved lot reconfiguration plan.  The works must be undertaken in accordance with an Operational Works approval in compliance with the relevant sections of Queensland Urban Drainage Manual and supported by a detailed stormwater drainage design prepared and certified by a suitably qualified and experienced Registered Professional Engineer Queensland (RPEQ). The works must generally include:
The replacement and upgrade of the entre length of the pipeline between the upstream sealed connection pit in Ravenwood Drive and the existing downstream outlet.
The removal of the redundant existing pipeline.
The reconstruction of the existing kerb inlet pit.
Catering for any existing or required stormwater connection/s into the pipeline.
Any adjustment to existing public service may be necessitated by the pipeline replacement.
Any road pavement and frontage reinstatement works associated with proposed stormwater pipeline works.

These stormwater drainage works are “non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
Easements
A stormwater drainage easement 3.0m wide minimum must be created in favor of Council centrally located over the constructed new stormwater pipeline and structure/s within the site and generally in accordance with the approved lot reconfiguration plan.
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 and in accordance with the requirements of the respective service provider.
All easements must be created and granted at no cost to the Grantee.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.

Water and Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
Prior to the endorsement of the Plan of Survey by Council a written confirmation from Unitywater must be provided to Council to confirm that the proposed lots are provided with their own separate connection to the sewer system and in compliance with the requirements of 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 lot.
Frontage Reinstatement Works
Any redundant driveway must be removed, and the kerb line and the verge area reinstated and landscaped to match the existing kerb and/or verge treatments.  Grassed verge areas to be reinstated must be provided with 100 mm topsoil and turf, and must be maintained by the developer until established. The driveway layback must be saw-cut and removed to allow for a smooth and neat finish with the adjoining kerb. A Development Permit for Operational shall be required.
Prior to the endorsement of the Plan of Survey by Council, any trees within the road grassed verge that are damaged or removed due to the development works must be replaced with similar tress or as agreed to by Council.
Any badly damaged kerb and/or channel along the frontage of the site must be repaired to the reasonable satisfaction of Council’s representative.
Electricity and Telecommunication Services
Prior to the endorsement of the Plan of Survey by Council a written confirmation must be provided to Council from the relevant services providers to confirm that the proposed lots are provided with their own separate connections to the electricity and telecommunication services and in compliance with the relevant legislation and guidelines 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.

Bonds
The applicant is advised that the development works for this permit require payment of a compliance bond of $5,000 and an on-maintenance bond in accordance with Council’s policies.  The payment of the compliance/performance bond will be required prior the prestart meeting for the Operation Works.

5.	REFERRAL AGENCIES

Nil.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	ADVISORY NOTES

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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.

8.	PROPERTY NOTES

Nil.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED
Operational Works for Stormwater Drainage Works (Realignment of Existing Stormwater Pipeline and associated reinstatement works) and Frontage Works;
Compliance Certificate for Document (Plan Sealing).

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

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DELEGATED AUTHORITY REPORT

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