REC15/0024 - Delegated Report

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	REC15/0024
	
Author:	Denis Wallace – Coordinator Planning
	
Project Director:	Denis Wallace – COORDINATOR PLANNING
	

APPLICATION DETAILS
Applicant:	Ms DL Amato Ali, Mr V Amato Ali
Proposal:	Development Permit to Reconfigure a Lot - 1 Lot into 2 Lots & Access Easement
Properly Made Date:	02/11/2015
Date of Site Visit:	11/11/2015
Decision Due Date:	07/04/2016

PROPERTY DETAILS
Property Address:	71 Cooroy Noosa Rd TEWANTIN  QLD  4565
RP Description:	Lot 210 RP 136750
Land Area:	2,188 Square Metres
Existing Use of Land:	Detached House

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Tewantin & Doonan
Zone:	Detached Housing
Assessment Type:	Code

PROPOSAL:

The application seeks approval to Reconfigure a Lot for a 1 into 2 lot subdivision and access easement.  The existing lot is 2,188m2 in size and the new lots are proposed at 1,354m2 and 834m2, with an access easement of 133m2 proposed to access the larger rear lot.  An extract of the proposal plan is shown below.

Figure 1 – Proposed Reconfiguration

The applicant indicates there are two existing houses on the site.  Council has no record of an approval for a second dwelling.  It appears a large garage toward the front of the site has been converted to a dwelling without approval since it its construction around 2003.

SITE DETAILS:
Site Description
Site & Locality Description
Road Frontage	The site has a 13.2m road frontage to Cooroy Noosa Road.
Existing Significant Vegetation	Significant vegetation consists of existing mature gums located on the north-western property corner and along the western boundary. The application does not propose the removal of any vegetation.
Topography:	The site is flat.
Surrounding Land Uses:	Surrounding uses consists of detached dwellings to the east and south in addition to a group housing development directly to the west. The Tewantin Golf Course is location north of the site across Cooroy Noosa Road. Refer to Figure 2 and 3 below.

Figure 2 – Locality Plan

Figure 3 – Site Photo

The planning scheme overlays applicable to this application are:
Natural Hazards Overlay (Bushfire Hazard)

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:
the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument

The application has also been assessed against the planning scheme, including the following primary applicable codes:

Tewantin & Doonan Locality Code
Reconfiguring a Lot Code
Engineering Works Code
Natural Hazards Overlay Code

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
Issue 1 - Bushfire
The site is within a mapped Medium Bushfire Hazard Area, with some remnant native vegetation in the area.  The site is relatively centrally located within Tewantin and fronts a major road and has good egress.  Contiguous vegetation in the area only totals about 2ha and is surrounded by urban development to the east, west and south, and Tewantin Noosa Golf Course to the north.  The site is not considered to be at risk of wildfire.  It contains two existing buildings, with one to be converted to an additional detached house.  Any new building works will be subject to standard urban assessment of BAL levels for the site by a building certifier and the proposal does not raise any significant concerns over risk to people or property.
Issue 2 – Access
The sight distance to the west from the existing access point is affected by the vegetation in the road reserve adjacent to the drainage line. It is expected that by undertaking minor clearing of the vegetation that a safe sight distance can be provided to the west.

It is apparent that sufficient area is available within proposed Lots 1 and 2 to provide the necessary manoeuvring areas for vehicles onsite.

Due to the traffic volumes on Cooroy Noosa Road it is recommended that a condition of approval be included to ensure:
vehicles exit the site in a forward gear; and
a passing opportunity be provided within the site. The vehicle access driveway and the associated easement be a minimum of 5.5 metres wide for the first 6 metres from the property boundary.

CONSULTATION:

IDAS Referral Agencies

N/A
Other Referrals
The application was forwarded to the following internal council specialists:

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 cannot be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. REC15/0024 for a Reconfiguration of a Lot (1 lot into 2 lots and Access Easement) situated at 71 Cooroy Noosa Rd TEWANTIN as identified in the attached details recommended for the Decision Notice.

1.	APPLICATION DETAILS

Application No:	REC15/0024
Street Address:	71 Cooroy Noosa Rd TEWANTIN  QLD  4565
Real Property Description:	Lot 210 RP 136750
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 & Access Easement

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

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
D-01907-01-D	-	Proposed Reconfiguration of a Lot (Subdivision to Create 1 Additional Lot), drawn by RNL - Martoo Consulting	07/03/2016
External Works
Any parts of the existing kerb and channel in the site’s frontage that is damaged during the construction of the driveways and services must repaired and/or replaced prior to Council sealing the survey plan. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
removal of any redundant parts of the property access and redundant service connection points and reinstatement of the verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
Site Access and Driveways
A sealed access driveway must be provided from Cooroy Noosa Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with IPWEAQ standard drawing SEQ R-050
clearing of the vegetation in Cooroy Noosa Road to the west of the access that is located within the sight lines as described in AS/NZS2890.1:2004. The extent of clearing must be kept to the minimum required and must be as agreed with Council’s Environmental Officer
a driveway width of 5.5 metres within the site extending for the first 6 metres from the front property boundary
a sealed driveway 3 metres wide for the full length of the access handle, including passing bays and underground service conduits for all utility services
sufficient area provided within each lot that is sufficient to allow vehicles to manoeuvre within the lot and exit along the access driveway in a forward gear.
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 collection and discharge of stormwater from all lots to Council’s existing infrastructure in Cooroy Noosa Road.
Electricity and Telecommunication 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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
An easement for access purposes must be registered against the title of the proposed Lot 2 in favour of proposed Lot 1. The easement must be in accordance with the approved plan and widened where necessary to encompass any passing/manoeuvring areas.
An easement for drainage purposes with a minimum width of 1.5 metres must be registered against the title of the proposed Lot 2 in favour of proposed Lot 1. The easement must be centrally located over any drainage system that conveys stormwater runoff from proposed Lot 1 to Cooroy Noosa Road.
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.
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.

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

PLANNING
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.
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).

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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
Construction traffic management and parking
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.

8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Operational Work

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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