Application To Reconfigure 1 Lot Into 2 Lots At 38 Pavilion Street, Pomona REC15/0010

APPLICATION TO RECONFIGURE 1 LOT INTO 2 LOTS AT 38 PAVILION STREET, POMONA REC15/0010

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / REC15/0010

Attachments	Nil

APPLICATION DETAILS
Applicant	Alisa Wythes C/- Max Watterson & Associates
Proposal	Development Permit for Reconfiguring of a Lot – 1 lot into 2 lots
Properly Made Date	26 May 2015
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	2 July 2015
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	38 Pavilion Street, Pomona
RP Description	Lot 1 RP 196984
Land Area	1872m²
Existing Use of Land	Dwelling and shed

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Mary River Catchment
Zone	Detached Housing
Overlays	Not Applicable
Assessment Type	Code Assessable

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 23 June 2015 regarding Application No. REC15/0010 for a Development Permit for Reconfiguration of a Lot – 1 lot into 2 lots situated at 38 Pavilion Street, Pomona and:
A.	Approve the application in accordance with the following conditions:
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
15-3836AB		Plan of Proposed Reconfiguration of Lot 1 on RP196894, prepared by Max Watterson & Associates	16-03-15
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
External Works
The north eastern corner of the intersection of Pavilion Street and Tree Street must be upgraded. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
provision of kerb and channel at the intersection and extending a minimum of 6 metres along the Pavilion Street and Tree Street frontages
any associated widening of the existing pavement including suitable tapers in Pavilion Street and Tree Street.
runoff from the kerb and channel directed to the existing table drain in Pavilion Street
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
To minimise the amount of surface runoff from the Tree Street road verge entering the site, minor regrading of the verge area must be undertaken. The works must be undertaken generally in accordance with drawing number 1511-02A prepared by Callghan and Toth dated May 2015. The works must be undertaken in accordance with an Operational Works approval.
Stormwater Drainage
Stormwater runoff from proposed Lot 1 must be discharged into Council’s existing drainage system in Pavilion Street
Stormwater runoff from proposed Lot 2 must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. The on-site system must be constructed generally in accordance with drawing number 1511-01A prepared by Callaghan and Toth dated May 2015. The construction of the on-site system must be undertaken as part of a Building Permit.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each lot.
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
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.
ADVISORY NOTES:
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.
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:
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.
PROPERTY NOTES:
REC15/0010 - Stormwater
The following notation applies to approved Lot 2:
Private Certifiers, owners and prospective purchasers are notified that special stormwater requirements apply to this parcel of land. Contact Council's Planning Department for Details. (reference Council Approval REC15/0010).
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The lot sizes are sufficient to accommodate a dwelling and associated structures and are of a size that is consistent with the developed character of Tree and Pavilion Streets and the surrounding area.

REPORT
PROPOSAL
The applicant seeks to subdivide a corner L shape lot into 2 lots, each lot being 938m². The lot on the corner of Pavilion and Tree Streets contains a dwelling and a large shed. The proposed western lot 1 fronting Pavilion Street contains the dwelling and the proposed eastern lot 2 fronting Tree Street contains the large shed.

The applicant has provided preliminary plans for stormwater treatment. Both lots are or can be serviced with sewer, water, power and telecommunications. The applicant proposes no frontage works including a footpath or kerb and channelling to Pavilion or Tree Streets. Figure 1 below shows the subject site outlined in purple and Figure 2 shows the proposed lot layout.

The proposal is before Council because the lots do not meet the minimum lot size of 1000m² for Pomona and no frontage works are proposed.

Figure 1 - Locality Plan

Figure 2 - Lot layout and existing improvements
site details
Background
The proposed subdivision seeks to re-instate the original lots created in 1922 (Lot’s 6 & 35 RP 35073), which were amalgamated in 1984.
Site Description
The subject property is located at the north eastern intersection of Tree Street and Pavilion Street. The proposed Lot 1 slopes slightly from the eastern boundary to Pavilion Street and proposed lot 2 slopes slightly to the northern western boundary near the shed.
Surrounding Land Uses
Detached housing immediately surrounds the site, the eastern side and most of the western side of Pavilion Street. The showground, caravan park and larger flood prone detached housing lots are located on the western side of Pavilion Street.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
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.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions.
Statutory Instruments – Planning Scheme
The subject site is located in the Mary River Catchment Locality and is zoned Detached Housing. Reconfiguration of a lot is required to follow a code assessable application process.
Locality Provisions
The proposal complies with the provisions of the Mary River Catchment Locality Code as the proposal is located within a well-established area of Pomona.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Reconfiguring a Lot Code
Engineering Works Codes
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Lot Size
Probable Solution S1.1 and Specific Outcome O1 of the Reconfiguring a Lot Code require a minimum lot size of 1000m² for sewered lots in Pomona. The proposed lots do not meet the required 1000m² being 938m² each. The lot size is therefore assessed against the most relevant Overall Outcomes of the Code which read as follows:
The overall outcomes sought by the Reconfiguring a Lot Code are to ensure that any reconfiguring of lots results in—
a)	lot sizes and dimensions that are appropriate for their intended use;
b)	compatible relationships between land uses;
c)	lots with suitable, safe and appropriate access;
d)	acceptable impacts on watercourses, drainage lines, wetlands and other environmentally sensitive areas;
e)	an effective and efficient road network that is designed to integrate with the natural topography;
f)	provision of safe facilities for walking, cycling and public transport;
g	lots that avoid significant adverse effects on the natural environment and landscape and minimise the risk of hazards for people and property;
h)	effective and efficient provision of relevant infrastructure and community services that meet future needs;
i)	promotion of social interaction and community activity;
j)	provision of an accessible and useable network of open space for local communities;
k)	lots that are designed and orientated to accommodate energy efficient building design;
l)	residential development which is consistent with the developed character of its particular neighbourhood
The proposed lots are both sewered and suitably sized for their intended use being for detached housing with Lot 1 accommodating an existing dwelling that complies with setback provisions and Lot 2 sufficient for a dwelling, being 936m². The proposed lots are identical in size to 21 of the 25 lots in Tree Street and similar to those in the surrounding area, some of which are smaller than that proposed. The proposed lot size, being the reinstatement of the original lots is consistent with the established character of the area. Access to the proposed Lot 1 will remain unchanged and lot 2 will require a standard cross over similar to those which exist in Tree Street.
Frontage Works
Probable Solution S13.1 of the Transport, Roads and Drainage Code requires frontage works be provided to the full frontage of the site. The applicant does not propose any frontage works. The development is therefore required to be assessed against Specific Outcome O13 which states:
Specific Outcome O13 - Development is provided with external roadworks along the full extent of the frontage of the site to an appropriate standard having regard to the specified function of the road.
Officers agree with the applicant that a footpath and, for the majority of the frontage, kerb and channel is not necessary because:
there is currently no frontage works in Tree Street and only disconnected sections of kerb and channel and no footpath on the eastern side of Pavilion Street
there is no further potential for developments which would require frontage works in Tree Street and only limited subdivision opportunities on the western side of Pavilion Street where kerb and channel and a footpath already exist
a lack of existing infrastructure to connect to (Pavilion and Tree Streets)
the table drain located to the frontage is in good condition and generally functions well with only some minor reprofiling required in the Tree Street verge for stormwater management. Figure 3 below shows the corner and the condition of the table drain.
However, some kerb and channel is warranted as minor damage exists to the road formation, by what appears to be caused by vehicles ‘cutting’ the corner. The damage can be seen circled in Figure 3 below. To improve the road, it is recommended the applicant construct a kerb return at the intersection extending for approximately 6 metres along each frontage, which is consistent with other works nearby.

Figure 3 - Frontage of Pavilion Street on the left and Tree Street on the right. Road formation damage circled in red.
Boundary truncation
Planning Scheme Policy PSP 5 – Engineering Design Standards for Roads, Drainage and Earthworks requires a truncation to the corner of proposed Lot 1. In this instance, given the wide road reserve and good sight lines; it is considered the truncation is not necessary. Photo 3 above (image on the left) provides an indication of the sight lines from Tree Street.
Stormwater quality and management
The existing dwelling currently discharges to Pavilion Street and no changes or improvements are considered necessary as this is a lawful point of discharge. The applicant has provided a plan prepared by a Registered Professional Engineer of Queensland indicating an on-site absorption pit to address stormwater on proposed Lot 2, which meets the provisions of the Planning Scheme. The absorption pit is proposed to be constructed as part of a building approval. A property note advising prospective purchasers of the proposed Lot 2 of the specific stormwater requirements is recommended.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council specialists:
Engineering Officer
conclusion
The proposed lot sizes do not meet the required minimum outlined in The Noosa Plan. However, the proposal for fully serviced lots is a re-instatement of the original lot layout, is consistent in size and shape to surrounding lots and the lots are suitable for their intended use. Given that no kerb and channel or footpath exists in Tree Street and there is minimal frontage works to the eastern side of Pavilion Street, only a kerb return on the corner is considered necessary to improve vehicle safety. The proposal is recommended for approval subject to conditions.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health		DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	23 JUNE 2015

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