Negotiated Report (Representations made) OPW22 0178 · OPW22/0178

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0178
Development Approval	Development Permit for Operational Work - Vehicle Crossover
Applicant	Max and Debbie Broughton C/- Lightbody Architects Pty Ltd
Representations Received On	28 October 2022
Number of Submissions for Original Application	Not applicable (code assessment) 1 comment from public received

PROPERTY DETAILS
Property Address	143-145 Shorehaven Dr Noosaville Qld 4566
RP Description	Lot 1 SP 129045
Land Area	1603.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Low Density Residential
Overlays	Acid Sulfate Soils
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Operational Work - Vehicle Crossover was issued on 5 September 2022
The applicant suspended the appeal period and made representations on 28 October 2022 to the development approval conditions. The representations are detailed below but primarily relate to the widths of the proposed driveways.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 1
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
240721.S22	-	Driveway Layout Site Plan Prepared by Saint Consulting Engineers	-
Applicant’s Representation
The approved drawings indicate 4.5m wide driveways. The driveways (replacing existing) are proposed at 6.4m wide as attached updated drawings.
Reasoning for the updated width below.
Original Driveways were off square with the front boundary
New Driveway long-section accommodates the required cross section profile for future pathway along the street frontage
Many (numerous) existing driveways in this local area are wider and less compliant than the proposed driveways.
The site justifies both entries as the street frontage is greater than 20m standard and the separation between driveways is compliant for two entries.
Shorehaven Drive is a busy feeder to the only egress point of the precinct.
Circulation on site for the potential number of vehicles is better accommodated than the previous layout and entry and egress is more likely as a “Drive-in. and Drive-out” configuration which is more compliant with the Traffic Act.
With the design on site there is less likely to be street parking associated with this property than what is demonstrated for other properties in the Precinct.
Assessment of Representation
Noting that the widths of the driveways on the approved plans provide sufficient width for a B99 vehicle (standard passenger vehicle) to enter and exit the site the applicant was requested to provide additional swept path plans of vehicle configurations expected by the owner to use the driveways. The additional plans were received on 31 October 2022. The plans indicate passenger vehicles and vehicles with a caravan/boat trailer attached. These swept path plans indicate that the wider driveways (each approximately 6.4m wide) are necessary to provide for the vehicles with a caravan/boat trailer attached to enter and exit the site if a forward gear.
Noting that the proposed configuration of driveways perpendicular to the kerb provides a safer traffic environment than the original angled driveways Council’s concerns with the proposed wider driveways related to the potential for a reduction in on-street parking.
In the original configuration:
At the western boundary there is approximately 6m between the existing driveway to No 141 and the original driveway to the subject site. This space, while unobstructed at each end, would be considered a marginal space given the close proximity of the driveways.
The distance between the driveways of the subject site is approximately 26.5m. This distance is sufficient to provide 4 spaces
At the eastern boundary there is approximately 4.3m between the existing driveway to No 147 and the original driveway to the subject site. This is not sufficient to provide a space.
This original configuration provided 5 spaces (including the marginal space)
In the configuration with the wider driveways as proposed by the representations:
At the western boundary there is approximately 8m between the existing driveway to No 141 and the original driveway to the subject site. This distance is suitable for a single space.
The distance between the driveways of the subject site is approximately 16.5m. This distance is considered sufficient to provide 3 spaces
At the eastern boundary there is approximately 6m between the existing driveway to No 147 and the original driveway to the subject site. This space, while unobstructed at each end, would be considered a marginal space given the close proximity of the driveways
The proposed configuration provides 5 spaces (including the marginal space)
As there is no loss in the available on-street parking spaces it is recommended that Council agree to the representations to replace the approved plans with the new plan and amend Condition 1 to read as follows:
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
240721.S22 Issue Printed – CAD015	-	Driveway Layout Site Plan Prepared by Saint Consulting Engineers	Received by Council on 1 November 2022

conclusion & reasons for decision
As the proposed configuration of driveways perpendicular to the kerb provides a safer traffic environment and there is no loss in the available on-street parking spaces it is recommended that Council agree to the representations
RECOMMENDATION
With regard to Application No. OPW22/0178, and the representations made, Council on 3 November 2022 decided to:
A.	Agree to amend condition 1 to read as follows:
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
240721.S22 Issue Printed – CAD015	-	Driveway Layout Site Plan Prepared by Saint Consulting Engineers	Received by Council on 1 November 2022
B.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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