07/2399 - Representations received [As Published] · 132007.2399

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RCO)

Request to change Development Permit conditions for Material Change of Use and Lot Reconfiguration - 27

dwelling houses

Precinct J - Noosa Springs

21 November 2008

 

Decision Details

 

The following type of approval has been issued:

e Development Permit for Material Change of Use —
27 Dwelling houses

® Development Permit for Reconfiguring a Lot — Lot
Reconfiguration

After the word ‘houses’ of the first dot
point add the words “and common
property and realignment of existing is
hole of golf course”

 

The development application (part D — item 5) sought
a material change to the use of the land marginally
different than the approval. It is suggested that the
adding the other uses associated with the necessary
development works to achieve the dwelling houses is
a more precise description.

 

 

1 | Development undertaken in accordance with this
approval must generally comply with the approved
plans of development. The approved plans are
numbered: [table] and as may be amended by these
conditions.

 

 

Amend the table by adding the following:
Plan/ Doc No: 447-SKO2
Rev:

Plan / Document Name: indicative
Building Setbacks from Boundaries

Date: February 2008

Resort Drive, PO Bax 1184, Noosa Heads, Queensland 4567 Hi (07) 5440 3333 MM (07) 5440 3399 18 [email protected]

 

The plan of the building setbacks from the boundaries
to each allotment will assist in clarifying this matter for
owners. It is intended that to the extent of any
inconsistencies with the setback requirements in the
Detached House Code that the setbacks on this
drawing takes precedence. This plan was submitted to
Council during the information request stage.

Attached is a copy of the drawing for your reference.

 

STARCO DEVELOPMENTS PTY LTD Asn 59.410 290 605
au

 

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se

 

aRequested Fen

  
 

 

 

 

3 | The Detached Houses shali comply with the Detached
House Code contained in The Noosa Plan, with the
exception of the requirement for eaves overhangs
(roof form).

Add to the end of this paragraph ‘and,
front fencing provided it complies with the
provisions of the by-laws of the
Community Management Scheme in
regard to front fencing.’

 

The prevailing architectural style of the Noosa Springs
streetscape includes a consistent landscape, fences
and portico main entrances to the semi-private spaces
of the homes.

 

The fences are set back 2 metres from the property
boundary facing the access driveway. The set back
area must be planted with vegetation consistent
the common property landscape (required by body
corporate by-laws) to create an open coordinated
streetscape.

 
 

The fences are forward of the plane of the dwelling
and required to be 1.8 metres in height to create a
semi-private area that maximizes use of the allotment.

It is noted that the security issues do not apply at
Noosa Springs because it is gated and patrolled
randomly by security personnel providing a
comparatively higher level of safety and minimizes
crime. Therefore, it is requested that this aspect of the
Code not apply to the development.

 

 

 

S_ | The open space and setback areas are to be
landscaped in accordance with Council’s Policy on
Landscaping Guidelines and a properly prepared
landscape plan prepared by a suitably qualified
Landscape Architect or Horticulturalist. Such
landscaping is to be completed prior to the premises
being occupied and maintained at all times thereafter
and shall include:

¢ Street trees and landscaping treatment within the
common property and easement areas of the
development.

¢ Screening vegetation along the line of play of the
golf course to protect the allotments and
detached houses from stray golf balls. The
vegetation shall consist of native endemic trees

 

After the words ‘Council’s Policy on
Landscape Guidelines’ add the words
‘,approved Noosa Springs Landscape
Design Report’

In the second dot point after the words
“golf course’ add the word ‘designed’ and
after the words ‘physical screen’ add the
words ‘when mature’.

Delete the last paragraph comprising:-

“The landscaping is to be completed in
accordance with the approved
landscaping plan prior to endorsement of
the Plan of Survey for Stage 2.”

 

 

 

Noosa Springs has an emphasis on its natural

landscape and many of those principles are embodied
in the approved Landscape Design Report. This should
be added to the Condition so that those principles are

  

applied similarly to this stage.

Minor amendment to acknowledge that vegetation i
designed to screen golf balls and will be reasonably
effective when the vegetation is mature. This is
consistent with earlier stages of Noosa Springs.

 

 

The last paragraph is inconsistent with the
requirement in the second sentence of the first
paragraph that ‘Such landscaping is to be completed
prior to the premises being occupied and maintained
at all times thereafter and shall include...’

 

 

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and shrubs at densities sufficient to provide a
physical screen; and

* Koala and glossy black cockatoo feed trees shall
be incorporated into the plantings.

 

The landscaping is to be completed in accordance
with the approved landscaping plan prior to
endorsement of the Plan of Survey for Stage 2.

 

 

10

Security in the form of a cash bond or trading bank
guarantee to the sum of $50,000 must be submitted,
to secure performance of all conditions of this
approval, prior to the issue of a Development Permit
for operational works. The cash bond or trading bank
guarantee will be returned on performance of the
conditions of approval less any costs incurred by
Council in respect of enforcing performance of this
permit.

Delete

Council hold substantial bank guarantees to bond
development performance of Noosa Springs. In the
circumstances, further bonds are unnecessary and
requested that this requirement be deleted.

 

 

12

The Development Permit for a material change of use
of premises lapses if the use has not happened by 23
October 2012, unless an application to extend the
currency is approved by Counc

 

Replace condition with:

"This development permit for a material
change of use of premises will lapse in
accordance with section 3.5.21 of the
Integrated Planning Act 1997."

The amendment is suggested to be consistent with the
current Integrated Planning Act regime for lapsing of
approvals.

 

 

23

 

Prior to endorsement of the Plan of Survey for Stage
2, a private road shall be constructed within the
proposed common property area generally as shown
on Plan M1806-11A dated 7 November 2007. The
private road shall be designed and constructed:

¢ With a minimum width of 5.5 metres kerb to kerb
and widened where necessary to permit access
for Councils Refuse/Recycling vehicle:
accordance with Councils Planning Scheme Policy
9 —-Waste Management.

 

 

® Toinclude the pro n of kerb and channel,
asphaltic concrete pavement and formed

 

Amend the Con nas follows:

Prior to endorsement of the Plan of Survey
for Stage 2:

(a) a private road shall be constructed
from Links Drive to the near Lot 27
within the proposed common
property area generally as shown on
Plan M1806-11A dated 7 November
2007. The private road shall be
designed and constructed:

© With a minimum width of 5.5

 

 

The roads and access driveways throughout Noosa
Springs have been developed in accordance with the
Master Street Plan dated August 1995 and approved
by Noosa Council. The development of the entrance
road and access driveways throughout Precinct J
should be consistent with the design philosophy and
street hierarchy of the Master Street Plan. !n doing so,
it will be consistent with all other residential stages of
Noosa Springs.

 

 

The private road from the roundabout at Links Drive
to the residential allotments is similar in function to
Road R9 that connects The Point residential precinct

 

 

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footpath. It shall also meet Council’s pavement
standard for a local road (2x10 ESA’s)

 

 

metres kerb to kerb and
widened where necessary to
permit access for Councils
Refuse/Recycling vehicles in
accordance with Councils
Planning Scheme Policy 9-
Waste Management.

co To include the provision of
kerb and channel, asphaltic
concrete pavement and
formed footpath. It shall also
meet Council’s pavement
standard for a local road
{2x10 ESA's)

{b) access driveway adjacent to the

(c}

allotments shall be constructed within
the proposed common property area
generally as shown on Plan M1806-
11A dated 7 November 2007. The
access driveways shall be designed
and constructed with a minimum
width of 3.5 metres and widened
where necessary to provide visitor car
parking, vehicular passing and to
permit access for Councils
Refuse/Recycling vehicles in
accordance with Councils Planning
Scheme Policy 9 - Waste
Management. The street and
driveways to be surfaced with clay
pavers or other surface approved by
Council and must meet the relevant
Councils standards.

The entrance before the gates on the
private road to be designed to provide
a turning circle with a radius of 8

 

to Road R8 (Noosa Springs Drive) and provides access
to 37 dwelling houses. It is a type section “D” road in
the Master Street Plan and has a section type in
Appendix D that complies with the existing wording of
Condition 23.

However, the access driveway within the residential
precinct itself is a type section ‘E’ pursuant to the
Master Street Plan, which has been applied to the
driveways of all other residential stages of Noosa
Springs and works well. The design of the road differs
in the following respects to the existing wording of
Condition 23:

¢ =Aminimum width of 3.5 metres
© Does not have kerb and channel
* Is of a clay paver construction

¢ ~=No foot path

The design of the access driveways is very important
to the distinctive character of the residential areas of
Noosa Springs. Without addressing all issues of the
Master Street Plan principles, we wish to point out:

e = It has mixed use activities (vehicles, pedestrians,
cyclists, golf carts etc}

«The narrower access driveway widths have a
traffic calming purpose

e Winding the driveway gives greater prominence
to the landscaped verges

© Broadening the driveway to create visitor parking
creates pockets of parking shielded by vegetation

e Each allotment has a requirement to set back
front fences 2 metres from the property boundary
and plant this strip with vegetation consistent
with the common property landscaping.

 

 

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metres to allow smaller vehicles to
turn around and exit without entering
the estate and, if necessary, make
changes to the property boundary so
that it is wholly contained within
common property.

Therefore, with the 10 metre common property
road reserve, a 14 metre wide streetscape
corridor is created dominated with vegetation.

Attached is a copy of the Indicative Landscape
Examples drawing (submitted with the development
application). This drawing also illustrates the road
types proposed with reference to photographs of
similar areas within the existing residential areas at
Noosa Springs.

In summary, the access driveway implicit in the
proposed paragraph (b) added to Condition 23 is
consistent with the Master Street Plan and
appropriate.

 

Anew sub paragraph to this condition is proposed to
ensure the entrance road at the gates is modified to
provide for smaller vehicles to turn around without
entering through the gates.

 

28

Anew 1.5 m wide concrete path shall be constructed
along one side all of the private roads on the site in
accordance with Council’s design standards and shall
connect to the ex' g pathway on Links Drive.

 

Amend by deleting the words ‘all’ and
‘roads’ and inserting after the word
‘private’ the words ‘road from Links Drive
to Lot 27’.

Add the following sentence:

‘if necessary, amend the boundary to
ensure the pathway connecting to Links
Drive is within common property.’

Queensland Streets does not require paths to be
provided on access streets/places where there are less
than 75 dwellings.

The established design of all residential precincts at
Noosa Springs is that footpaths are not installed within
the precincts themselves and it functions we
Furthermore, it reduces the hard surfaces, avoids
crossovers and allows more opportunity for
landscaping.

 

 

 

32

 

Carparking shall be provided within the site as shown
on Plan M1806-11A dated 7 November 2007 as
submitted by Jones Flint & Pike except as modified
herein for at least 14 spaces. The carparking area shall
be designed to comply with the provisions of AS
2890.1-2004 for user class 1. The minimum head
clearance (headroom) at any point shall be 2.3m.

 

 

Delete the last sentence ‘The minimum
head clearance (headroom) at any point
shall be 2.3m.’

 

This sentence does not seem relevant.

 

 

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33 | The carparking area shall be drained and the sealed Add after the word pavement ‘or clay In accordance with the principles of the Master Street
pavement constructed to access road standards. Plans | paver finish’ Plan, the visitor car parking areas are proposed to be
and specifications for these works shall be submitted extensions of the paved access street.
in conjunction with an application for a Development
Permit for Operational Works.

34 | All carparking shall be kept maintained and line- Add “or delineated in another approved As it is proposed that the access driveways (including
marked in a condition fit for use to the reasonable manner’ after the word ‘line-marked’. visitor car parking) will be clay pavers, the delineation
satisfaction of Council. may be with the paver design rather than line-

marking. It is noted that Council will still need to be
satisfied that it is fit for use.

40 | The authors of an SMP shall be responsible to oversee | Add ‘during the construction phase’ after The role of the authors of an smP during the ae

. . . ‘ construction is acceptable. if the intention of Council is
that he SMP is carried out and to take appropriate the word ‘out’. i eye
oo . to that period then the Condition should be
action in the event of any breach of the SMP likely to .
ied accordingly.
cause harm.
However, it is unworkable to require the same authors
to have an ongoing responsibility and role during the
operational phase.
63 | Any building or structure within proximity of an Add the word ‘services’ after the word Suggest that this word may have been omitted by

 

easement or any other public utility's underground
must have its foundations designed so that no
surcharge loads are imposed upon such underground
infrastructure. Foundations must be take down a
minimum of 1.0m below a line of influence measured
1.0m in the direction of the foundation from the
centerline of the closest underground service and
along the natural angle of repose of the foundation
soil type(s).

Plans and supportive documents, detailing these
proposed foundations shall be designed by a
registered practicing Geotechnical Engineer and
submitted with the application for a Development

 

‘underground’ on the second line.

 

mistake.

 

 

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Giri

 

 

 

EES

   

 

Permit for Operational Works.

 

64

A registered practicing Geotechnical Engineer shall
test the existing ground conditions for suitability of
placing additional fill, prior to such fill being placed.

 

Filling works shall be restricted to the subject
itself, and the finishing fill levels are to taper to the
existing levels prior to the rear boundary of the
property. Batters shall be at a maximum grade of 1:4
unless retained by a wall.

Any existing fill or natural materials on the site or with
the extent of approved works external to the site
which do not satisfy the Manager — Land
Development's or a Geotechnical Engineer's
requirements shail be removed and replaced with
suitable material.

Delete the second paragraph.

Earthworks are proposed around the perimeter of
most allotments so that they integrate with the golf
course topography. The Engineering Report of Tate
Professional Engineers described the extent of the
works. Where necessary, the finished fill levels are
proposed to coordinate seamlessly with the adjacent
golf course works.

 

 

73

 

Monetary contributions shall be paid to Noosa Council
towards the cost of providing and/or upgrading
various infrastructure at the rates applicable at the
time of payment. An estimate only of the contribution
amounts under the current Council policies and
requirements is outlined in the table below: [Table]

 

 

Delete ‘PSP12 — Public Open Space
Contributions (Park) - total $84,412’

 

The contribution for Public Open Space (Park) should
not apply to the development. Before construction of
the Noosa Springs project began, the issue of open
space park contributions for the whole Noosa Springs
development was addressed during the ‘3B approval’
process for the golf course. It was acknowledged that
the substantial initial capital cost and large ongoing
maintenance costs satisfies the need for a parkland
contribution for the development. The overall
development yield approved under the Plan of
Development is not being exceeded, and accordingly,
there is no basis for a further contribution.

Apart from the fact the development is surrounded by
the golf course, it is also noted that almost all
allotments have frontage to the golf course, and so
haves an open character. Furthermore, there is a small
park of approximately 300 m2 proposed to the north
of Lot 7 that will provide more parkland amenity to
the residents of the development.

 

 

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Guitn

 

 

81

The proposed names of new roads (public and
private) and parks shafl be lodged with the applica
for a Development Permit for Operational Works.

 

Names are to be selected from any of the following
categories:

e — Easily pronounced words of the Murri languages.

¢ Names of words of local significance or historical
interest.

e Flora, fauna, industry, topographical,
geographical and similar features and terms
relative to the district.

e Surnames of persons of merit or historical
significance (Personal names should be avoided)

Approval will not be given to a name that is similar to
the name of another road in the Shire, or a road
close proximity in a neighbouring Shire. Council will
provide the nameplate and signpost to the Applicant
upon payment of $250 per sign.

 

 

Insert the words ‘including the name of
the Community Title Scheme’ after the
word ‘district’ in the third dot point.

The private road will only provide access to Precinct J
(except for access to the Noosa Springs maintenance
facility). It would therefore be of assistance to
motorists for the private road to be named the same
as the residential precinct. tn this way, it has a
directional purpose.

 

Although it could be argued that the name of the
precinct is of ‘local significance’ and/or have
‘geographical features or terms relative to the district’,
the proposed amendment is sought to clarify the issue
in respect to the particular circumstances of this
development.

For instance, consideration is being given to naming
the development ‘The Oasis’. If so, the name of the
private road sought would be ‘Oasis Drive’. This would
assist in directing a person to the area.

 

Advisory Notes

 

The applicant is advised that the development
contributions and infrastructure charges applicable to
this development approval have been based on the
following Uses Class/ Uses and applicable quantities:-

[Table]

Amend the Stage 2 ‘Approved Quantity’
from 27 to 26 x Detached house lots
within a group title subdivision.

 

The Stage 1 infrastructure contribution is calculated
for ‘1 x detached house lot within a group title
subdivision’. The Stage 2 infrastructure contribution is
calculated for ’27 x detached house lot within a group
title subdivision’. This makes a total of 28 detached
house lots, which is one more than the approved yield
of 27 detached house lots. Therefore, Stage 2 should
be limited to 26 detached house lots.

 

 

 

 

The following property note (or similar) be placed
on Council’s rates records for the new allotments:

“This property is close to Noosa Coastal Wastewater
Treatment Plant. Whilst computer odour modeling has
determined that the development complies with the

 

Amend the property note wording to
read:

“This property is close to the Noosa
Coastal Wastewater Treatment Plan.
Computer odour modeling has determined

 

The final part of the currently drafted property note
{i.e. ‘odour may be detected at some times’) raises an
expectation that odour will be detected.

Odour from other sources is likely to be attributed to
the Wastewater Treatment Plant, such as when

 

 

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Queensland Odour Amenity Guideline, odour may be
detected at some times.”

 

 

that the development complies with the
Queensland Odour Amenity Guideline.”

Add a further sentence to the advisory
note as follows:

‘The property note will be removed from
the rates records for the new allotments
three (3} years from the date the survey
plans are sealed providing however that
no odour complaints relating to the Noosa
Coastal Water Treatment Plant have been
received by Council from a resident or
occupant of homes on the allotments.’

 

fertilizer is applied to the golf course or landscape
areas. This may result in erroneous complaints to
Council. Furthermore, the conclusions of the
consultants retained by both the Council and StarCo to
advise on the application do not support the notion
that there will be odour nuisance from the Plant.

The proposed wording (i.e. by leaving out the last few
words) is an accurate statement of the consultants’
conclusions and satisfies the objectives sought to be
achieved.

 

As conveyed during the assessment and decision
making phase, it is our strong view that odour will not
be detected. We request that an additional sentence
be added to the advisory note that allows for the
property note to be removed from the rates records.
The record should be removed after a period of time,
such as 3 years without detection of odour causing
complaint to Council.

 

 

Page 11

 

INDICATIVE
BUILDING SETBACKS
FROM BOUNDARIES

=—

NOOSA SPRINGS

Proposed Development
(Precinct J)

Resort Drive - Noosa Heads
for

Starco Developments Pty Ltd
Architect
Alan Starkey & Associates
Scale: 1:1200 Date: February 2008
Dwg No: 447 - SK02

Page 12

 

 

 

Driveway into a residential lot from the community access driveway of
The Cascades, Noosa Springs, shows the consistency of the driveway
surface and standard letterbox design.

    

 

 

 

 

 

A community landscaped area in The Cascades, Noosa Springs.
illustrates the possibilities for the landscaped area in the proposed
development - with seating, plant draped pergolas and water features

 

 

 

 

 

A community access driveway within an established residential area at
Noosa Springs demonstrates how the winding, tree lined nature of the
driveway obscures buildings and creates a superb streetscape

 

 

 

 

View from the 16” fairway of the Noosa Springs golf course toward
The Point residences illustrates how the vegetation will dominate the
interface of the proposed residences with the golf course

 

 

 

 

The tree-lined road through Noosa Springs illustrates the proposed
landscape treatment of the private access road from the public road,
Links Drive, to the residential lots of this development

 

 

INDICATIVE LANDSCAPING EXAMPLES

 

 

 

The existing entry gates of Noosa Springs show how the entry gates
to the private access road of this development may appear.

 

 

 

a

NOOSA SPRINGS

Proposed Development
(Precinct J)

Resort Drive - Noosa Heads
for
Starco Developments Pty Ltd

Architect
Avan Starkey & Assocates

Scale: NTS Date October 2007

(PHOTOGRAPHS TAKEN FROM EXISTING RESIDENTIAL PRECINCTS AT NOOSA SPRINGS) Dwg No: 447 - SKO2