Negotiated Report (Representations made) RAL21 0009

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0009
Development Approval	Development Permit to Reconfigure a Lot (Boundary Realignment - 3 lots into 3 & Access Easement)
Applicant	Kathryn Ann Maree Gould Robert David Gould Marina Gould
Representations Received On	21 December 2021 – Decision due 27 January 2022
Report checked by	Nadine Gorton
Number of Submissions for Original Application	Not applicable

PROPERTY DETAILS
Property Address	4-6 Hay St & 51 Ward St Tewantin Qld 4565
RP Description	Lot 2 RP 72903, Lot 4 RP 72903, Lot 4 RP 77225
Land Area	756 m² 1098m² 756 m²
Existing Use of Land	Dwelling/s

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Low Density Residential
Zone	Not Applicable
Overlays	Land Subject to Acid Sulfate Soils – 5m AHD and below
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit to Reconfigure a Lot (Boundary Realignment - 3 lots into 3 & Access Easement) was issued on 24 November 2021.
The applicant suspended the appeal period on 6th December and made representations on 21 December 2021 to the development approval conditions. The representations are detailed below and primarily relate to stormwater management.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 8
The applicant identified a typographical error in Condition 8 where the following sentence refers to Condition 4 when it should refer to Condition 8.  Therefore, the following sentence will be amended in Condition 8 to refer to Condition 8 as follows Condition 8 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.

Condition 19
An easement for support for the retaining wall must be registered against the titles of proposed Lots 401 and 402. The easement must ensure the ongoing protection of the retaining wall.
Applicant’s Representation
With respect to Condition 19, generally the requirement is for a retaining wall to be fully contained within the lot it serves without a need for an easement, however, it is understood that Council’s rational behind Condition 19 is as follows: “The proposal includes the filling of part of proposed Lots 401 and 402. The submitted design plan includes filing across the proposed internal boundary with retaining walls on the northern, eastern, and southern extents of the filling. Council has concern that future owners may wish to alter the fill level within their lot, which may have a detrimental impact on the adjoining lot. To address the concern, the condition for the construction of the additional retaining wall along the proposed internal boundary has been included. The easement for support will protect the wall into the future. An alternative may be to construct two (2) walls along the internal boundary, each wholly located within their respective lot; this seems excessive when the easement would address the concerns”.
The establishment of two (2) retaining walls is excessive, however, the requirement to establish an easement over the retaining wall is onerous, as this differs from lots developed elsewhere. If one owner wishes to alter the level of their own land in the future, they will need to obtain a Development Permit for Operational Work (Excavation or Filling); this application process ensures that the proposed earthworks do not negatively impact the adjoining lot and is more appropriately governed via this process, rather than placing encumbering easements over the land.
Accordingly, we request that Council delete Condition 19 from Development Approval RAL21/0009.
Assessment of Representation
The applicant’s representations were considered by the Engineering Coordinator.  His advice is as follows:
It is noted that the representations do not include Condition 18 which requires the construction of the retaining wall along the common boundary that will be covered by the easement described in Condition 19.
I am not in support of deleting Condition 19 for the following reasons:
the wall along the common boundary will be in place and is reasonably expected to stand partially within each lot
I don’t believe that the easement, which is only wide enough to encompass the wall and footings (approx. 0.5m total width), is an unreasonable imposition and is unlikely to impact on the future development of the lots for a residential purpose

conclusion & reasons for decision
For the reasons stated above, the request to delete easement Condition 19 is not supported and the typo in Condition 8 will amended.
RECOMMENDATION
With regard to Application No. RAL21/0009, and the representations made, Council on 17 January 2022 decided to:
A.	Agree to an administrative amendment to Condition 8 as follows:
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 2021-1087-13 Revision 2 prepared by Blackall Range Consulting Engineers dated September 2021. The works must include in particular:
all private structures (headwalls, scour protection, frog flaps etc) wholly contained within the private property;
discharge to the Hay Street road reserve in a manner that does not cause scour or damage to the road reserve;
the provision of inter-allotment drainage within proposed Lot 401 to convey runoff from proposed Lot 201;
the use of gravity stormwater drainage and not surcharge pits.
Condition 8 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
B.	Refuse to delete Condition 19 for the following reason:
The width of the proposed easement is not substantial only encompassing the retaining wall and the footings and is not considered an unreasonable imposition, nor will impact on the future development of the site.
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

[word/footer1.xml]
Page 2 of 3

[word/header1.xml]
3