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L07 To NSC - lodge DA

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Our Reference:                02858 L07 GM
Contact Person:               Greg Martoo



17th October, 2022


Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565



ATTENTION: ENVIRONMENT & SUSTAINABLE DEVELOPMENT DIRECTORATE

Confidential Email Transmission: [email protected]
Original in Post: No


Dear Sir/Madam,


RE:         LODGEMENT OF DEVELOPMENT APPLICATION
            Development Application Seeking Development Permit for Reconfiguring a Lot –
            Subdivision of One Existing Lot into Two (2) New Lots (i.e. One Additional Lot) over Land
            Described as Lot 5 on T16326 and Located at 1 Poinciana Avenue, Tewantin: Victoria Jane
            Vale


Martoo Consulting has been engaged by Victoria Vale (“the applicant”) who owns Lot 5 on T16326, to
compile and lodge the above development application with Noosa Shire Council (“Council”) as the
Assessment Manager of the above development application under the Planning Act 2016 (“the Act”).

The applicant proposes to reconfigure this residential lot into two new lots (“this development
application”).

The applicant requests that Council assesses this development application under the current Noosa Shire
Council Planning Scheme (“2020 Noosa Plan”) and the Act.

The site is included wholly within the Low Density Residential Zone in the 2020 Noosa Plan as outlined in
red in Figure 1. The proposed development is code assessable development under the 2020 Noosa Plan and
the provisions of the Act.

This submission is part of this development application and explains the site and the applicant’s rationale
for the proposed design and concludes by providing our brief town planning assessment of the proposed
subdivision against relevant assessment benchmarks.


THE SUBJECT SITE

This development application is over the site which currently comprises one (1) existing freehold lot with an
area of 1169m2 that was created in 1923 when a sizeable area of new road (855m2) was open within Allot
6 on plan T1632. As indicated above the subject site is shown outlined in red on the zoning map in Figure
1 and also on the aerial imagery taken in 2019 in Figure 2.
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 The site fronts both Poincina Avenue and Butler Street has constructed access from Poincina Avenue and
 exit directly to the roundabout constructed at the intersection fo Poincina Avenue and Butler Street. (refer
 to the traffic advice by Dianne Hayes Traffic Engineering in Attachment A)

 There is no easement registered over the site or known to benefit the site.

 There is a one to two storey duplex building erected along the eastern boundary of the site which is used for dual
 occupancy purposes. This use was established in the mid to late 1970’s following an approval from Council
 issued on 5 September 1972 51901.4 (Council Reference TPC 218) under the then 1973 Planning Scheme for
 the Shire of Noosa. This 1973 planning scheme defined the use to be a “duplex” and the then planning
 scheme did not include separate definitions for short term or permanent accommodation in relation to
 duplex dwellings. This duplex use has continued since being first established and has been since
 abandoned.

 There are trees and a wooden picket fence along the road frontage of the site and domestic style gardens
 within the site.

 Existing ground levels over the site are generally at about a reduced level of 7m. on Australian Height
 Datum.




Figure 1: Location Map showing 2020 Noosa Plan zonings over the Subject Site and adjoining lots with an 2019 Aerial Imagery Base
Map (source: Council’s On-line Mapping – October, 2022)




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Figure 2: 2020 Aerial Imagery over the Subject Site (source: Council’s On-line Mapping - October, 2022)



The following overlays are mapped over the site under the 2020 Noosa Plan.

        Bushfire Hazard – within the 100m wide Potential Impact Buffer measured from the vegetation to
         the west and north and within the roundabout at the intersection of Poinciana Avenue and Butler
         Street.
        Acid Sulfate Soils - Area 2 - between 5m and 20m on AHD


The 2020 Noosa Plan is consistent with the 2017 State Planning Policy (“SPP2017”) and therefore this
development application does not need to be assessed against SPP 2017

That DA overlay mapping administered by the State over the site identifies the following overlays:

        SEQ Regional Plan                       SEQ Regional Plan land use categories
         Triggers
        Water Resources                         Water resources planning area boundary


Existing community infrastructure that services the subject site includes the above two-way sealed
roadways within both Poinciana Avenue and Butler Street as well as all essential infrastructure considered
necessary to service low density residential development in Tewantin. This infrastructure includes being
serviced by the town water supply, connection to the Unity Water sewerage scheme, stormwater
management, overhead electricity supply and associated street lighting and underground


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telecommunication services. There is 6m. to 10m. wide verge is turfed except where includes the existing
paved driveways to and from the site.

There are no other significant development assessment features known to be located on the site or affecting
this development application.


THIS DEVELOPMENT APPLICATION

The applicants propose a subdivision of an existing lot as shown on the proposal plan by Martoo Consulting
that is numbered D-02858-01-C. A copy of this proposal plan is included in Attachment B.

The proposed lot design was decided by the applicant following obtaining civil and traffic engineering advice
which included that attached traffic assessment advice by Dianne Hayes Traffic Engineering (refer to
Attachment A). The proposed lot layout and its related can be explained as follows:

       The applicant proposes to demolish the existing building on the site and thereby abandon the
        existing dual occupancy use.
       The site is proposed to be subdivided into two lots such that the northern most lot has an area of
        600m2 and the balance lot has an area of 576m 2.
       As recommended by the traffic engineering advice in Attachment A, the proposed access to proposed
        Lot 1 will remain in its current form, with entry via Poinciana Avenue and exit direct to the roundabout, as
        constructed by Council as part of the roundabout works in 2011.
       As also recommended by the traffic engineering advice in Attachment A, the proposed new access to
        proposed Lot 2 in the south-western corner of that lot is to be provided so that vehicular access is forward
        in and forward off the site.
       It is considered that there is sufficient space for visitor parking within both proposed lots noting that
        each lot has a lengthy road frontage from which any future buildings will be setback as preferred
        under the 2020 Noosa Plan.
       The intention is for both lots to utilise the existing stormwater management works and reticulated
        water mains within Poinciana Avenue and Butler Street.
       The existing reticulated sewerage scheme servicing the subject site will be extended to service
        proposed Lot 1.


THE DEVELOPMENT ASSESSMENT

Matters of Interest to Local Government

The site is in the Low Density Residential Zone in the 2020 Noosa Plan (refer to Figure 1)

The proposed reconfiguring a lot is code assessable development in the 2020 Noosa Plan.

Such a development application being code assessable is therefore to be assessed against the following
assessment benchmarks as applicable for the site and proposed development in the planning scheme:

Local Plan Code
  Tewantin Local Plan Code


Zone Code
  Low Density Residential Code



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Reconfiguring a lot Code Code

Works Codes (as relevant to the proposed development)

Overlay Codes
 Bushfire Hazard Overlay Code
 Acid Sulfate Soils Overlay Code


The assessment against the 2020 Noosa Plan is included in Appendix C and confirms that the proposed
development is considered to comply with the purpose of these codes, the relevant performance outcomes
in these codes and/or acceptable outcomes in the above codes.


Matters of Interest to The State

An assessment of the development application against either assessment benchmarks in the SPP 2017 or
State Assessment Provisions due to the DA overlay mapping by the State under the Planning Regulation
2017 is not required in order for Council to assess this development application.


GROUNDS FOR APPROVAL

Grounds for approval of the proposed subdivision include, but are not limited to, the following:
       Both proposed lots can be serviced by community infrastructure as preferred in the 2020 Noosa
        Pan for Low Density Residential Zone development in Tewantin.
       Both proposed lots have sufficient dimensions and area to enable each lot to be utilised by those
        uses envisaged in the 2020 Noosa Plan for lots in Low Density Residential Zone in Tewantin.
       Proposed Lot 2 with an area of 576m 2 complies with PO20 in the Reconfiguring a Lot Code that
        relates to small residential lots.
       The applicant has obtained advice from a specialist traffic engineer that supports the access as
        proposed in this development application.
       It is considered that there is a community need for this development in Tewantin.
       The development is not considered to result in adverse impact on any matter of local environmental
        significance.

With due consideration to the above, the applicants request that Council approves this development
application subject to reasonable and relevant conditions.

This development application has been prepared in accordance with the Act and the following four (4)
Attachments are attached as part of the relevant material:

         A.   Traffic Engineering Advice from Dianne Hayes Traffic Engineering dated 3rd August, 2022
         B.   Proposal Plan by Martoo Consulting numbered D-0285801-C and dated 20th March, 2022
         C.   Assessment Against the 2020 Noosa Plan
         D.   Completed DA Form 1

The applicant requests that Council issue an invoice/payment link for Council’s assessment fees to Martoo
Consulting and made out to the applicant and then Martoo Consulting will liaise with the applicant so that
the applicant can pay Council directly.




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Please contact me if Council requires any further information and/or clarification in relation to this
development application.


Yours faithfully,




Greg Martoo
Principal
martoo consulting pty ltd

Encl (4)




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