Council Report MCU18 0165 · MCU18/0165

MCU18/0165 REQUEST FOR NEGOTIATED DECISION NOTICE FOR Multiple Housing - Type 4 Conventional (17 dwelling units) AT 25 kauri street cooroy

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	Application/ ECM / MCU18/0165

Attachments	1. 	Plan of Road Widening and Associated Works

APPLICATION DETAILS
Applicant	Pace Planning Pty Ltd
Development Approval	Material Change of Use - Multiple Housing - Type 4 Conventional
Representations Received On	23 March 2019
Number of Submissions	Three (3) submissions were made to the original application

PROPERTY DETAILS
Property Address	25 Kauri Street, Cooroy
RP Description	Lot 27 C 56016
Land Area	4741m²
Existing Use of Land	Vacant land

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy and Lake Macdonald
Zone	Attached Housing
Overlays	Nil
Assessment Type	Representations made to original approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting dated 13 May 2019 regarding representations made to Development Approval No. MCU18/0165 for Multiple Housing - Type 4 Conventional situated at 25 Kauri St Cooroy and:
A.	Agree to change conditions 21 and 29 as follows:
The full length of the Kauri Street and Olivine Street frontages of the development site must be upgraded by providing kerb & channel, bitumen road widening, stormwater structures and landscaping improvements to the footpath in accordance with an Operational Works approval. The works must include but are not limited to the following:
In regard to the Kauri Street frontage, the new kerb and channel must be aligned so that it is offset 8 metres from the existing kerb and channel on the western side of Kauri Street measured from the nominal face of the kerb. The new works must be extended to the north of the subject site and be generally in accordance with drawing number 2018068 – Dwg 04 of 24 titled External Works Layout Plan dated March 2019 prepared by 360 Civil Consulting and join smoothly with the existing formation.
In regard to the Olivine Street frontage the new kerb and channel must be aligned at about 12m offset from and parallel to the property boundary and must extend for the full frontage of the subject site. The works shall include suitable tapers extending beyond the frontage of the subject site to smoothly join to the existing pavement.
The works (Kauri Street, Olivine Street and the intersection) must include suitable drainage structures and stormwater collection to ensure that runoff from the road formation is collected, controlled and directed to ensure that the roadway is safely trafficable and must be in compliance with the relevant sections of the Queensland Urban Drainage Manual (QUDM).
As part of the application for operational works, the developer’s civil engineering consultant shall investigate and report on the possible deficiencies in the existing stormwater system, to the western end of Agate Street and including inspection by closed circuit television (CCTV) of the existing stormwater system. The developer is required to rectify any deficient stormwater pipes or structures extending from the development frontage down to and including the manhole downstream of the 600x1200 box culvert which crosses Kauri Street.
The design and construction of all works shall be carried out in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks and the applicable engineering standards current at the time of construction. The above condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
A CCTV inspection must be carried out by a Council approved CCTV contractor upon satisfactory completion of construction works that are to become a Council asset. The developer will be responsible for the full cost of CCTV inspection, including any additional inspection necessary following defect identification and rectification.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
background
The application was originally considered at the General Committee Meeting on 18 February 2019 where it was resolved to approve the application for 17 multiple dwelling units.  The applicant has subsequently suspended the appeal period and made representations on 25 March 2019 to the development approval conditions. The representations are detailed below and relate to the extent of frontage works required and stormwater CCTV inspection. At the time the application was publicly notified, three (3) properly made submissions were received. The submitters were primarily concerned with the impact of the development on the environment, traffic and amenity of the area.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 21.1
The full length of the Kauri Street and Olivine Street frontages of the development site must be upgraded by providing kerb & channel, bitumen road widening, stormwater structures and landscaping improvements to the footpath in accordance with an Operational Works approval. The works must include but are not limited to the following:
In regard to the Kauri Street frontage, the new kerb and channel must be aligned so that it is offset 8 metres from the existing kerb and channel on the western side of Kauri Street measured from the nominal face of the kerb. The new kerb and channel must be extended to the north, approximately, to the prolongation of the common boundary of No 21 and 19A Kauri Street and join smoothly with the existing kerb and channel.
Applicant’s representation
The applicant submits that the conditioned upgrades to Kauri St (road widening, kerb and channel, stormwater and verge) in front of 21 Kauri St should not be a requirement of the 25 Kauri St development due to the works being located outside of the development site’s frontage. The development will upgrade the Kauri St and Olivine St frontages on the development side for the length of 25 Kauri St however the development should not be liable for upgrade works in front of other properties. The proposed design along 25 Kauri St would be able to adequately achieve a transition from the new kerb and channel back to the existing un-kerbed / swale drain arrangement in front of 21 Kauri St.
The upgrade of the road in front of 21 Kauri St should remain the responsibility of any future development at 21 Kauri St. The length of road upgrade that would be required in front of 21 Kauri St is approximately 50m which is a considerable cost impost if placed on the 25 Kauri St development. The applicant submits that this is an unreasonable requirement to be placed on the 25 Kauri St development and hence are requesting that condition 21.1 be amended to read:
21.1		In regard to the Kauri Street frontage, the new kerb and channel must be aligned so that it is offset 8 metres from the existing kerb and channel on the western side of Kauri Street measured from the nominal face of the kerb. The new kerb and channel must extend to the northern property boundary of 25 Kauri St and transition back to the existing road cross section profile.
Assessment
The original condition required road widening works in Kauri Street to extend north beyond the frontage of the subject site to connect to existing kerb and channelling. A headwall and culvert inlet are located within a swale drain to the north of the subject site within close proximity of the existing road verge. The extent of road widening required was due to road safety concerns associated with the location of this infrastructure. The applicant through the negotiated decision process has now provided engineering drawings which provide for works to the headwall and culvert and for road widening to extend slightly north of this area. The following image details the extent of road widening works in Kauri Street north of the subject site (the plan is also included in Attachment 1)

Figure 1: New roadworks proposed in Kauri Street
The amended drawings have been reviewed and are considered to provide a satisfactory and safe outcome and it is not reasonable for the applicant to provide kerb and channelling for the full extent of the adjoining property. It is recommended that condition 21 be amended to read:
The full length of the Kauri Street and Olivine Street frontages of the development site must be upgraded by providing kerb & channel, bitumen road widening, stormwater structures and landscaping improvements to the footpath in accordance with an Operational Works approval. The works must include but are not limited to the following:
In regard to the Kauri Street frontage, the new kerb and channel must be aligned so that it is offset 8 metres from the existing kerb and channel on the western side of Kauri Street measured from the nominal face of the kerb. The new works must be extended to the north of the subject site and be generally in accordance with drawing number 2018068 – Dwg 04 of 24 titled External Works Layout Plan dated March 2019 prepared by 360 Civil Consulting and join smoothly with the existing formation
Condition 29
29.	A CCTV inspection must be carried out by a Council approved CCTV contractor upon satisfactory completion of construction works. The developer will be responsible for the full cost of CCTV inspection, including any additional inspection necessary following defect identification and rectification.
Applicant’s representation
Council have previously only required CCTV reports on infrastructure that is to become a Council asset. The applicant submits that the wording of the above condition could imply that infrastructure located within the development site requires CCTV inspections. It is requested that the condition be amended to read:
29.	A CCTV inspection must be carried out by a Council approved CCTV contractor upon satisfactory completion of construction works that are to become a Council asset. The developer will be responsible for the full cost of CCTV inspection, including any additional inspection necessary following defect identification and rectification.
Assessment
It is agreed that the re-wording of the condition as proposed by the applicant will provide an outcome consistent with the intent of the condition for infrastructure to be inspected and rectified of any defects prior to becoming a council asset. It is recommended that condition 29 be amended to read:
A CCTV inspection must be carried out by a Council approved CCTV contractor upon satisfactory completion of construction works that are to become a Council asset. The developer will be responsible for the full cost of CCTV inspection, including any additional inspection necessary following defect identification and rectification.
conclusion & REASONS FOR DECISION
It is concluded that conditions 21 and 29 can be amended. The amended conditions address officer’s concerns with safety associated with road widening works and provide assurance that infrastructure which is to become a council asset will not contain defects.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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GENERAL COMMITTEE MEETING REPORT	13 MAY 2019

[Attachment: image1.png (image text)]
 

 

 

Extent of works to extend north of
the subject site