DA Report Change Development Approval 132007.616.04

DELEGATED REPORT
PLANNING

REQUEST TO EXTEND RELEVANT PERIOD

Application No:	132007.616.04
	
Author:	Patrick Murphy -
	
Project Director:	Patrick MURPHY – Coordinator Planning
	

SUMMARY:

APPLICATION DETAILS
Application Number:	132007.616.04
Applicant:	Walhalla Holdings Pty Ltd TTE
Request Received Date:	5 April 2017
Original Approval Type:	Development Permit for Material Change of Use of Premises  - Multiple Housing - Type 2 Duplex
Number of Submissions for Original Application:	Not applicable

PROPERTY DETAILS
Property Address:	8 Attunga Heights NOOSA HEADS  QLD  4567
RP Description:	Lot 23 RP 89506
Land Area:	531 square metres
Existing Use of Land:	Detached House

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (28 October 2016)
Planning Locality:	Noosa Heads
Planning Zone:	Semi-Attached Housing
Assessment Type:	Extension to relevant period and change to conditions

PROPOSAL:

The applicant seeks a four year extension of the relevant period of 132007.616 - Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 Duplex.

The applicant also proposes to delete conditions 35 & 37 and is agreeable to new condition requiring works to the kerb and channel to the front of the property.

The applicant purchased the property in November 2016 and settled in late December 2016 and is therefore not in a position to start and complete the approved development before the 11 October 2017 expiry date.

[Note: state the specific IDAS components of the application (eg. a Development Permit for Material Change of Use (Office)).

BACKGROUND:

A Development Permit for a Material Change of Use – Multiple Housing Type 2 (Duplex) was issued on 11 October 2007.

An extension to the relevant period was approved on 9 May 2011, extending the relevant period of the application to 11 October 2013.

A further extension to the relevant period was approved on 19 September 2013, extending the relevant period until 11 October 2017.
Note: Provide discussion of known background information leading to the lodgement of the current application (if any), and any site history of general interest and context to the application

STATUTORY PROCESS:

In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to extend the relevant period, the assessment manager must only have regard to:

the consistency of the approval, including its conditions, with current laws and policies        applying to the development, including, for example, the amount and type of infrastructure contributions, or infrastructure charges payable under an infrastructure charges schedule;

the community’s current awareness of the development approval; and

whether, if the request were refused-

(i)	further rights to make a submission may be available for a further development application; and
(ii)	the likely extent to which those rights may be exercised; and

(d)	the views of any concurrence agency for the approval…

ASSESSMENT:

Since the original development was approved in October 2007, there have been no changes to The Noosa Plan that are relevant to the assessment of this application and it therefore continues to be supported.

Despite the development raising some concern in relation to having 2 garage entrances to the basement level and being 3-storeys in height, it is determined to be consistent with the surrounding area whereby a number of buildings offer the same presentation to the street.

The community’s awareness of the applicant is not relevant as the application is code assessable.

Overall, it is considered reasonable to grant an extension to the relevant period of the development permit for a further four (4) years.

Conditions 35 and 37 relate to roof water and stormwater drainage, these conditions were placed on the development approval in accordance with a legislative requirement. It is considered reasonable to remove these conditions as these requirements no longer apply.

Infrastructure Charges

Under the provisions of the existing approval infrastructure contributions were not required for the stormwater network.

At the time of the previous time extension application the stormwater network was applicable to the proposed development. In accordance with the position adopted by Council on 15 March 2013, an infrastructure agreement was required to secure the additional charges for this network so that the approval remained consistent with current laws and policies applying to the development.

These charges were additional to the infrastructure contributions and/or charges required under the provisions of the existing approval.

The previous applicant agreed to enter into an infrastructure agreement which has since been executed.

With regards to the current application to extend the relevant period an additional advisory note is required to accommodate the Transport Network (Road and Public transport components) which were missing from the original approval.

This is payable in addition to development permit condition 51 for Contributions Towards Council Infrastructure and Infrastructure Agreement dated 19 September 2013 attached to the property for stormwater network contribution.

Concurrence Agencies

There were no concurrence agencies to the original application.
Note: Provide an assessment of the proposal, including an assessment of whether the proposed changes comply with the planning scheme provisions that were in effect at the time the original application was made, with appropriate weight given to the current planning scheme provisions (refer to SPA).  Also, your assessment must look at the degree of change from the first, original approval, not just the difference between the current proposal and the last change that was done.  The assessment must also consider the submissions that were made during the original application

Note: Where conditions are changing, provide a list of all affected conditions showing track changes.  New words are to be shown in bold, and deleted words are to be shown with a strikethrough.  Also list and discuss any changes required to the list of approved plans and documents including any plan amendments

RECOMMENDATION

APPROVE the request to extend the relevant period of approval and change to approval, Application No. 132007.616.04, situated at 8 Attunga Heights NOOSA HEADS  QLD  4567, with:

Condition 13 to read as follows:-

The Development Permit for a material change of use of premises lapses if the use has not happened by 11 October 2021, unless an application to extend the currency is approved by Council.

Deletion of Conditions 35 and 37.

The addition of  a new condition to read as follows:

Attunga Heights 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 the reconstruction of the kerb and channel.

The addition of Advisory Note 7 to read as follows:

Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges).

Note: Provide a list of all amended conditions and approved plans as they would appear on the new Decision Notice (ie. with no track changes displayed)

REPORT COVER SHEET
PLANNING

APPLICATION NO:	132007.616.04 132007.616132007.616.03132007.616.2
	
AUTHOR:	Patrick Murphy
	
PROJECT DIRECTOR:	Patrick MURPHY
	

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is the application required to be decided by the Iconic Panel?:	Yes     /     No
Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes     /     No
Has a site inspection been undertaken?:	Yes     /     No
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?:	Yes     /     No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PLANNING OFFICER	MANAGER

Signature:	Signature:
	
Position:	Position:  cOORDINATOR
	
Date:	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on <:

Signature:	Date:
	
	

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