Representations on conditions MCU10/2116 & REC10/2072

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Recent Material Change of Use approvals issue by Council for properties fronting
Diamond Lane between Elm (Cedar) Street and Kauri Street include:

    •   Application No 2008/1123 MCU - Commercial Business Type 2 - Medical
        (Veterinary Surgery). The approval included vehicular access to the surgery
        car park from the Diamond Lane with no requirement for any upgrading of
        Diamond Lane.

    •   Application No. 2009/779 MCU - Multiple Housing Type 4 - Conventional - 5
        units. The approval include vehicular access to the car parking of the 5 units
        from Diamond with a Condition to construct a passing bay of 5.5m wide and
        10m long, with an effective length of 18m.

Both approvals did not require any works along the Diamond Lane frontages of the
properties.

The applicant believes that it is unreasonable that the recent approval for 5 units on
the adjoining property to the east only required the construction of a passing bay;
whilst the approval of 6 units on the subject land require the construction of
approximately 200m of road and the construction of stormwater drainage system
along the length of the new road.

Whilst the subject land has a frontage of 100.58m along Diamond Lane the property
is also occupied by a Bowling Club, which includes all parking at the front of the
property; that is the Bowling Club creates an insignificant amount of traffic along
Diamond Lane.


Also a recent approval for a development at 14 Opal Street (opposite the subject
site) includes:
    • Application No. 2010/625 MCU - Multiple Housing Type 4 - Conventional - 3
         units. The approval included vehicular access from Opal Lane to 2 units with
         a condition to construct Opal Lane at 3m wide along the frontage only. Opal
         Lane is not a through road and does not include a turning area.



There are several properties fronting Diamond Lane that offer significant re-
development opportunities. The adjoining properties to the west are located within
the Attached Housing Zone and are occupied by a Motel; that comprises 6 rooms
and several permanently occupied permanent caravans. This property will probably
be improved in the future and may include access off Diamond Lane.

On the northern side of Diamond Lane to the north and west of the subject land the
properties include: a services station, a newsagent and a vacant Energex depot.
The service station was re-developed approximately 10 years previous and the
approval permitted use of the Lane for access/egress. The properties also have
frontage to Diamond Street and the nature of Diamond Street will require that
Diamond Lane is used for access; particularly vehicular access to car parking areas.

The property adjoining the service station is a commercial property that will be re-
developed with access to property for car parking off Diamond Lane.

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The Energex depot is now vacant as Energex has re-located their operation to the
industrial area of Cooroy. The property is surplus to Energex's requirements. The
property contains 3035m2 and its location and size offer a significant re-development
as a community service, commercial or residential development. Whilst the property
is contained within the Commercial Services Zone of the Noosa Plan; it is possible
that the property will be re-developed as an alternative use. The traffic levels and
road geometry of Diamond Street will compel any re-development of the property to
implement ingress/egress from Diamond Lane.



Accordingly the applicant believes that a more reasonable Condition of approval for
the subject site is the construction of 2 passing bays along the frontage of Lot 714
on SP904564. This provides Conditions that are:

    •   Equivalent with the level of development and demand.
    •   Fair based upon the Conditions imposed on adjoining developments.
    •   Do not require the applicant to provide infrastructure for adjoining
        development sites.

Therefore the applicants request that Condition 4 to be amended to:

The applicant shall design and construct 2 vehicle passing bays on Diamond Lane
generally along the frontage of the development site and equally spaced along
Diamond Lane between Elm Street and Kauri Street taking into account the location
of the existing passing bay. The passing bays shall have a minimum width of 5.5m,
effective length of 10m and an overall length of 18m. A Development Application for
Operational Works shall be required.

We hereby look forward to receiving a Negotiated Decision Notice in due course. Do
not hesitate to contact me on (07) 5442 6121 if you wish to discuss any outstanding
issues in relation to the representations made herein.

Yours faithfully




Max L. Watterson