Council Report RAL17/0504

RAL17/0504 DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (1 LOT INTO 4 LOTS), AT 135 LAKE WEYBA DRIVE, NOOSAVILLE

Document information

Author	Development Planner, Wilhelm Koschade
Environment and Sustainable Development Department

Index	ECM / Application / RAL17/0504

Attachments	1. 	Proposal Plans
2. 	Flood Hazard Map

APPLICATION DETAILS
Applicant	Washington Andres Gabarrin & Tamara Olivia Gabarrin
Proposal	Reconfiguring of a Lot (1 Lot into 4 Lots)
Properly Made Date	4 September 2017
Information Request Date	3 October 2017
Information Response Date	13 December 2017
Decision Due Date	20 April 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	135 Lake Weyba Dr NOOSAVILLE  QLD  4566
RP Description	Lot 1 RP 36729
Land Area	20,230 Square Metres
Existing Use of Land	Detached Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville Locality
Zone	Detached Housing Zone & Open Space Conservation
Overlays	Biodiversity Overlay (Environment Protection) Natural Hazards (Bushfire, Acid Sulfate Soils & Flood Hazard)
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 10 April 2018 regarding Application No. RAL17/0504 for a Development Permit for Reconfiguring of a Lot (1 Lot into 4 Lots) situated at 135 Lake Weyba Dr Noosaville and:
A.	Refuse the application for the following reasons:
The proposed development does not demonstrate compliance with the Natural Hazards Overlay Code as it comprises the safety of people and property from the site’s residual flood and bushfire risks.
The proposed development is contrary to the Natural Hazards Overlay Code and Reconfiguring a Lot Code as the proposed lots are located within a flood hazard area and the proposal seeks to fill the site to in an attempt to make it suitable for the development.
There is no effective evacuation route that remains passible, with sufficient flood warning time, to enable people to progressively evacuate from the site or an area that allows for safe congregation and refuge during a probable maximum flood.
The proposed development is likely to further burden disaster management response and capacity during flood events.
The proposed lots are located on land that is subject to bushfire hazard and the proposed development relies on inappropriate bushfire mitigation measures to maintain the safety of people and property.
The proposed development is contrary to the Biodiversity Overlay Code as the proposal has the potential to impact on the koala habitat values of the site including the habitat values of the wetland and the species assemblages it supports.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
This application seeks approval to Reconfigure a Lot to create 1 in to 4 residential lots at 135 Lake Weyba Drive, Noosaville. A proposal plan is provided in Attachment 1. The reconfiguration proposes lot sizes and dimensions in accordance with Table 1 with Lots 1 – 3 to have a defined building envelope. The existing dwelling will be contained wholly within proposed Lot 4 with no building envelope proposed for this lot.
Table 1 – Proposed Lot Size & Dimensions
Lot Number	Total Area	Frontage	Building Envelope
Lot 1	1.321 ha	10.06m (Sail Street)	459m2
Lot 2	2,324m2	10.06m (Sail Street)	342m2
Lot 3	1,211m2	20m (Lake Weyba Drive)	502m2
Lot 4	3,483m2	57.5m (Lake Weyba Drive)	-
The site is subject to flood hazard and earthworks is proposed within Lots 1, 2 and 3 in order to create individual pads above the defined flood level of 2.6m Australian Height Datum (AHD). The existing ground level in the location of the proposed building envelopes ranges from 1.10m – 1.50m AHD so filling of approximately 1.1m - 1.5m is proposed to achieve building pads above the defined flood level. Earthwork volumes comprise a total of 2,420m3 fill, 1,920m3 of which will be imported and 500m3 reused from a proposed cut onsite.
A split driveway is proposed off Sail Street to service Lots 1 and 2. Lots 3 and 4 will have direct access off Lake Weyba Drive.
As depicted in Figure 1 below, the site has a split zoning comprising Detached Housing to the east and Open Space Conservation to the west. No development including new boundaries are proposed to intersect land within the Open Space Conservation Zone.

Figure 1 – Zoning designation
site details
Background
On 10 February 2017, Council attended a pre-lodgement meeting regarding the subject site (PLM17/0004) and provided advice concerning a proposal to Reconfigure a Lot (1 Lot into 7 Lots). Council officers advised that the subject site is significantly constrained being located within a Bushfire and Flood Hazard Area. The proposed development would result in an increase of people and property on land prone to natural hazards.
Officers advised that given the flooding and bushfire constraints over the site, Council would be unlikely to support any subdivision of the lot.
It was further advised that the proposal to import fill to create residential pads above the defined flood level is not an appropriate solution to overcome the flood constraints given the likely off site impacts.
Site Description
The site has an area of 2.021ha with 81m frontage to Lake Weyba Drive and 20.5m frontage to Sail Street. The land is low lying and ranges in elevation from RL .5m – 1.75m. Fill has previously been imported to the site where a raised pad was created in the north-eastern portion of proposed Lot 1 and around the existing dwelling on proposed Lot 4.
The site is heavily vegetated with a portion of the lot mapped for Environmental Protection under the Biodiversity Overlay. Vegetation predominately comprises melaleuca with scattered eucalyptus trees.
Existing development consists of a single residential detached dwelling and ancillary structures.
A locality plan is provided below in Figure 2.

Figure 2 – Locality plan
Surrounding Land Uses
Residential land with established detached dwellings abut the site to the north and south. National Park is located directly to the west. Land uses further north and south along Lake Weyba Drive comprise detached dwellings on residential lots.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
Koala Habitat Area
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development Area.
Koala Habitat
As shown in Figure 3 below, a large portion of the site is identified as Koala Assessable Development Area under the South East Queensland State Planning Regulatory Provisions. A portion of the lot is mapped as Koala Habitat Area which includes Remanent Habitat and Habitat Regrowth.
The Planning Regulation 2017 provides assessment benchmarks for development in Koala habitat areas including requirements to minimise the impact on Koala habitat. Depending on the development type and Koala habitat type, requirements may include:
site design that provides safe koala movement opportunities appropriate to the development type and habitat connectivity values of the site;
avoiding, minimising or providing an offset for the clearing of non-juvenile koala habitat trees;
construction phases that do not increase the risk of death or injury to koalas;
clearing of native vegetation, undertaken as sequential clearing; and
clearing of Koala habitat trees, undertaken in the presence of a Koala spotter.

Figure 3 – Koala Habitat Area
The application proposes clearing of vegetation wholly within the Habitat Regrowth Area to accommodate the proposed earthworks and house pad areas. No further clearing is proposed to provide bushfire buffers or setbacks to the proposed building envelopes.
The applicant has provided a Flora & Fauna survey and assessment of the habitat values on site. An assessment regarding the clearing of koala habitat trees on each proposed lot is summarised in Table 2 below.

Table 2 – Koala Habitat Trees to be cleared
Lot	Koala Habitat Trees (to be cleared)	Summary:
1	2 x Forest red gum 3 x paperbarked tea tree	The house pad will occur on partly cleared and partly vegetated land with a combination of cultivated plants, weeds and native species including Melaleuca quinquenervia and Casuarina glauca. Five koala habitat trees will be cleared.
2	3 x paperbarked tea tree	The house pad will occur in a grassy clearing with planted fruit trees, weed trees and native trees (Bunya pine and Silky oak), with introduced grass and vines. Three koala habitat trees (Melaleuca quinquernervia) will be cleared for the house pad works on this lot.
3	1 x Forest red gum 4 x paperbarked tea tree	The proposed house pad is mostly cleared land that contains one large remnant Eucalyptus tereticornis with a dbh of 1,100mm – a koala food tree of significant size and age but adjacent to Lake Weyba Drive. There are four Melaleuca trees and fruits trees with ornamental plants in this area.
The report provides a summary of the likely impact of the proposed development and ecological significance of the site:
“The site assessment determined that the vegetation within the proposed extent of works is highly modified consisting of cleared areas and cultivated garden areas, with scattered native remnant trees occurring in association with clusters of native regrowth.
By locating the proposed lots in the north-eastern corner of the site, clearing requirements are minimised and the impacts to the Medium Value Bushland on site is minimised. The non-juvenile koala habitat trees requiring removal are located on the building envelope areas and are outside the mapped koala habitat (MSES) areas. Although mapped as Koala Habitat, the site is considered suboptimal habitat for koalas due to the majority of vegetation being paperbarked tea tree (Melaleuca quinquenervia) and the site being low lying.
Generally the development footprint to create the building envelopes for each new lot is located in existing cleared areas with scattered trees or clumps of trees requiring clearing. Overall the development works i.e. earthworks, will impact 3,500m2 of area over the new proposed lots. This will require clearing of weeds, fruit trees, weed trees and regrowth Melaleuca woodland. The native vegetation within the impact areas is in clumps surrounded by slashed areas, with an infestation of Singapore Daisy as understorey.”
In order to minimise the impact on koala habitat, the applicant proposes to provide landscaping and rehabilitation plans as part of a subsequent Operational Works application to undertake the earthworks. The rehabilitation plan will provide details of the planting of replacement koala habitat trees (three for each tree removed) on each lot outside the proposed building envelope areas.
Statutory Instruments – Planning Scheme
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Detached Housing & Open Space Conservation. The proposed development is identified as code assessable development and is required to follow a code assessable application process, assessable against the following codes:
Noosaville Locality Code;
Reconfiguring a Lot Code;
Engineering Works Code;
Landscaping Code;
Biodiversity Overlay Code (Environmental Protection Ares); and
Natural Hazards Overlay Code (Bushfire Hazard & Flood Hazard).
Natural Hazards Overlay Code
The application has been assessed against applicable Overlay Codes including the Natural Hazards Overlay Code (Bushfire and Flood Hazard) and the Biodiversity Overlay Code (Environmental Protection). The pertinent issues arising out of the assessment against the codes are discussed below:
Flood Hazard
Where development is located within areas at risk from natural hazards, the Overall Outcomes of the Natural Hazard Overlay Code seek for “…development to be compatible with the hazard so as not to place people and property at risk”. In addition, development is required to “…support and not unduly burden disaster management response or recovery capacity and capabilities”.
As shown in Attachment 2, the site is mapped as being affected by flood hazard under The Noosa Plan’s natural hazard overlay mapping. The application seeks approval to increase the number of lots thereby increasing the number of people and property in a flood hazard area. The proposed development intends to achieve flood immunity by modifying the landform through the introduction of fill on land below the 1% Annual Exceedance Probability (AEP) level. The fill is proposed to create house pads above the defined flood level of 2.6m AHD with the applicant suggesting that the extent of fill provides a sufficient area above the defined flood level to accommodate the intended future residential use.
The applicant has provided a flood report which suggests that there is sufficient time available for residents to self-evacuate as flood levels can take from 1-2 days to peak. The report suggests that “the influence of the four large lakes and relative effects of rainfall and storm surge flooding, flooding behaviour along the Noosa River, especially in its lower reaches is characterised by….the Noosa River floodplain being flooded to relatively low depths by generally slow moving floodwaters”.
An external review of the flood report was provided by Hydrology and Water Management Consulting for Council. The review provided the following information regarding emergency access:
“Timing of flood inundating in the lower Noosa River area is difficult to predict with any certainty because it is dependent upon both catchment runoff and tidal conditions. Natural floods are highly variable, dynamic and difficult to predict.

It is quite possible that residents will chose to stay in their homes based on the belief that they will be safe. If the flooding situation then escalates (e.g. a moderate flood forecast escalates to a large flood forecast), it is quite possible that floodwaters will overtop Lake
Weyba Road before there is time to evacuate.

The minimum road level for Lake Weyba Drive access is approximately 1.6 m AHD. Based on Council’s DFE flood modelling, it is predicted to take flood waters less than 2.5 hours to rise from 1.3 m AHD up to 1.6 m AHD.”

Based on the above, HWMC believe that there is potential for residents to unwittingly become isolated during floods. This presents isolation risks to residents plus the potential for an increase demand on emergency services. This risk may be somewhat mitigated by conditioning the proposed lots to provide an emergency refuge shelter above the Probably Maximum Flood.”

The Natural Hazards Overlay Code requires development to “…have an effective evacuation route that remains passable, with sufficient warning time, to enable people to progressively evacuate to safe areas above the probable maximum flood”. The development remains contrary to the code as it does not provide an evacuation route that is passable in a flood event. The site is only accessible via Lake Weyba Drive which is subject to inundation and is not driveable during a flood event. Council’s external hydrologist has indicated that in a peak event, Lake Weyba Drive can be inundated to a depth of .7m.
The proposal to introduce fill and modify the landform in order to subdivide land is also contrary to The Noosa Plan’s Natural Hazards Overlay Code where “…flood immunity for development areas is not achieved by filling land below the 1% AEP (1:100 year ARI) flood level”. Furthermore, the Reconfiguring a Lot Code requires development to “…respond to the distinctive landscape character of the site by using the natural features of the site”. The code specifically requires that development integrate with the natural landform rather than modify the land to suit the development. Therefore the proposal to achieve flood immunity by filling is contrary to both these codes.
Although a large area is created above the defined flood level, concern is raised regarding a flood event which may exceed a 1% AEP, compromising the safety of people and property. The development may burden disaster management response and recovery capacity by increasing the number of people at risk to the natural hazard.
The proposed development does not demonstrate compliance with the Specific and Overall Outcomes of the Natural Hazards Overlay Code as it increases the number of people at risk from flooding by filling land in a flood hazard area. The proposed development is not resilient to the natural hazard and unduly burdens disaster management response and capacity.
Bushfire Hazard
The subject site is located within a Bushfire Hazard Area with the south-western portion included in a ‘High Potential Bushfire Intensity’ and a majority of the lot to the east mapped as ‘Potential Impact Buffer’. An Impact Buffer typically includes all land within a 100m radius of any hazardous vegetation. Figure 4 below shows the extent of the hazard mapping over the site.

Figure 4 – Bushfire hazard over subject site
The Natural Hazard Overlay Code does not support the creation of additional lots on land which is subject to fire hazard and where the safety of people and property cannot be suitably maintained.
The applicant has submitted a Bushfire Hazard Assessment in order to determine the bushfire risk to each proposed lot. With regards to aspect, the report determines land north and east of the site has a low potential bushfire hazard while land to the south and west generally comprising fragmented Melaleuca forest as a high potential bushfire hazard.
The report concludes by providing a bushfire attack level assessment which determines the “…construction standard of buildings in bushfire prone areas. The construction standards are intended to improve the performance of buildings subject to burning debris, radiant heat and flame contact.”
The bushfire assessment recommends a Bushfire Attack Level (BAL) rating for any future development on the 3 additional lots which include: Lot 1 - BAL 19, Lot 2 – BAL 29 and Lot 3 – BAL 12.5.
It is considered that the bushfire assessment has not addressed the Specific and Overall Outcomes of the Natural Hazards Overlay Code. The report fails to identify suitable locations on the site least affected by the bushfire hazard and does not provide acceptable fire mitigation methods which are adequate for the bushfire threat of each individual site.
The proposed development is considered incompatible with the bushfire hazard and places people and property at risk. The proposed development relies solely on BAL ratings for any future buildings and does not provide an appropriate response or solution to the threat such as appropriate bushfire buffers or setbacks to hazardous vegetation. It is considered that the development is not resilient to the bushfire hazard and increases the potential risks of the natural hazard to people and property.
Biodiversity
The Biodiversity Overlay Code of the Noosa Plan seeks to protect Koala habitat areas. The site contains primary and secondary koala habitat trees (Blue gums and Paperbark respectively) and proposal will involve clearing primary and secondary koala habitat trees to facilitate the development. The use of the site for residential development is highly likely to diminish the koala habitat values of the site and does not improve the habitat values. Where habitat values are retained on the site, the increase intensity of the use of the site has the potential to impact on the koala habitat values of the site and the adjacent National Park.
The provision of offset plantings to compensate for the loss of koala habitat has the potential to increase the bushfire hazard risk to the proposed house site areas and does not provide a suitable gain in overall area for koala habitat.
Wetlands
Wetlands have been identified as occurring in the south west corner of the site and contained habitat for threatened frog species and crayfish. The remnant paperbark wetland in this area is sensitive to changes in hydrology, surface run off, nutrient inputs, light penetration and changes to water chemistry. Increasing the uses in the buffer adjacent to the wetland is highly likely to negatively impact on the habitat values of the wetland and the species assemblages it supports due to “edge effects such as nutrient inputs, light penetration, domestic animals, disturbance and weed incursion.
Land Use & Works Provisions
The application has been assessed against the applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Earthworks Code
In order to overcome the flood hazard over the site, the application proposes to introduce fill to create house pads above the defined flood level.
Specific Outcome SO2 of the Earthworks Code seeks to ensure any change to the level of land does not have an adverse flooding impact on the flooding and drainage characteristics off-site. The matter was raised to the applicant during the Information Request period. The applicant provided an assessment of the potential impact relating to imported fill and submits the following:
“Approximately 1749m3 of fill is required between the existing levels and the defined flood level to establish the house pad areas. The impacts on the surrounding flood levels as a result of this fill is partially offset by the cut within the site below the defined flood level of approx. 500m3, leaving a total of 1249m3 of fill within the floodplain that has not been offset.
This volume displaces flood waters in this area which has the potential to raise flood levels however as this volume is applied over the local flood plain area the impacts are virtually insignificant. Conservatively the area of the surrounding floodplain could be defined as the area upstream of the Eenie Creek Road bridge over Weyba Creek. Arguably this could include the whole of Lake Weyba, however for this exercise this has been excluded.
The attached plan shows that the floodplain in this area is over 390 Hectares. Once the displaced volume is applied over this area the increase in flood level that results is less than 0.32mm.”
cONSULTATION
Referral Agencies
The application was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for the purpose of Reconfiguring a Lot in a Coastal Management District.
The Department responded on 29 January 2018 advising that there is no objection to the proposed Reconfiguring of a Lot.
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Officer, Development Assessment; and
Environment Officer, Development Assessment.
conclusion & REASONS FOR DECISION
Approval is sought to Reconfigure a Lot to create 3 additional (1 Lot into 4 Lots) residential lots at 135 Lake Weyba Drive, Noosaville. The reconfiguration proposes large detached house lots with a defined building envelope for Lots 1 – 3 while Lot 4 intends to accommodate the existing dwelling onsite.
The site is subject to The Noosa Plan’s flood hazard overlay. In order to overcome the flood hazard over the site the application proposes earthworks within Lots 1, 2 and 3 to create individual pads above the defined flood level of 2.6m AHD. The applicant suggests the pads provide flood immunity and an area large enough to accommodate the future residential use. The applicant suggests that future residents have sufficient warning time to self-evacuate given the flood characteristics of the area.
The proposed development does not demonstrate compliance with the Specific and Overall Outcomes of the Natural Hazards Overlay Code as it increases the number of people at risk from flooding by filling land in a flood hazard area. The proposed development is not resilient to the natural hazard and no reasonable evacuation route has been provided during a flood event. Locating additional residents in an area prone to flooding burdens disaster management response and capacity.
In addition to flooding, the subject site is located within a bushfire hazard area. It is considered that the bushfire assessment does not address the Specific and Overall Outcomes of the Natural Hazards Overlay Code. The application does not identify suitable locations on the site least affected by the bushfire hazard or acceptable fire mitigation methods.
Overall the development is contrary to the Natural Hazards Overlay Code and the Reconfiguring a Lot Code and is not an appropriate development for the site given the site’s flood and bushfire risks.
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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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 APRIL 2018

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Detached Housing

MMB Oven Space Conservation