Delegated Report - Code - Planning RAL20 0028

Author				Maxwell Potter, Assistant Planner
Assessment Manager		Tara Norley, Development Planner
Development Assessment

APPLICATION DETAILS
Application No.	RAL20/0028
Applicant	Garry Leigh Walker
Proposal	Reconfiguring a Lot (one lot into two lots)
Properly Made Date	12 November 2020
Information Request Date	9 December 2020
Information Response Date	18 May 2021
Decision Due Date	24 June 2021
Report Completed Date	22 June 2021
Report Reviewed By	Patrick Murphy – 22 June 2021

PROPERTY DETAILS
Property Address	18 Pearsons Rd Cooroy Qld 4563
RP Description	Lot 5 RP 202304
Land Area	2000m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Cooroy Local Plan Area
Overlays	NA
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot (one lot into two lots). The applicant proposes dividing the existing 2000m2 Lot 5 on RP202304, into 2 lots, including proposed Lot 20 at 1039m2 and proposed rear Lot 21 at 961m2.
A dwelling house currently exists on proposed Lot 20. Further, access to proposed Lot 21 (the rear lot) will be provided through an access easement on proposed number 20 to Pearsons Road.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan
site details
Background
Dwelling construction predates Council’s electronic records. A subsequent building approvals has been issued for dwelling additions for a patio and an approval for a pool.
Site Description
The subject site comprises 2,000m2 and gently slopes from west to east. The main characteristics of the subject site are the dwelling house to the west, swimming pool in the centre, vegetation to the east. Moreover, site exhibits a greater area than the surrounding properties.
Surrounding Land Uses
The surrounding land uses of the subject site comprise of dwelling houses which are zoned as low density residential to the immediate east, north and south, whilst a retirement facility and residential aged care facility zoned as Community Facilities is located to the west and adjacent to the property.

Figure 2 – Site Plan
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Cooroy Local Plan Code;
Reconfiguring a Lot Code;
Works Codes.
The subject site is located in Cooroy and is zoned Low Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site Area	Minimum 600m2	Existing 18 Pearsons Road - 2,000m2	Yes
		Proposed Proposed Lot 20 Pearsons Road - 1039m²	Yes
		Proposed Lot 21 Pearsons Road - 961m²	Yes

Rear Lot
Acceptable Outcome AO21.4 of the Reconfiguring a Lot Code seeks that no rear lot shares a common boundary with more than four other lots.
Proposed Lot 21, is a rear and shares a common boundary with 6 other lots, and therefore does not comply with AO21.4
Therefore, the proposal must be assessed against corresponding Performance Outcome PO21 of the Reconfiguring a Lot Code.
Performance Outcome PO21 states:
Rear (battle-axe) lots are created only where:
It would not be desirable nor practicable for the site to be reconfigured so that all lots have full frontage to a road;
Located in the Low density residential zone, rural residential or Rural zone;
Development positively contributes to the character of the neighbourhood
Development provides a high standard of amenity for residents and other users of the rear lot and adjoining properties;
The lot is large enough to accommodate anticipated land uses including car parking and manoeuvring;
Development is not detrimental to the use and amenity of adjoining lots through loss of privacy, sunlight or breezes once buildings are constructed;
Vehicular access to rear lots will not have a detrimental impact on lots adjoining the access strip due to excessive noise, light, dust stormwater runoff and the like;
Access arrangements do not adversely affect the safety and efficiency of the road from which access is gained;
Their creation does not prejudice anticipated development of adjoining land.
The subject site is a minimum of 72m deep and 28m wide, with the rear portion of the lot (proposed Lot 21) being ‘landlocked’, and as such it is not practicable for Lot 21 to have road frontage. The size and shape of the proposed lots is consistent with the already developed surrounding blocks (refer to Figure 3) and will maintain the existing character of the neighbourhood. The proposed rear lot, at 961m2 is well in excess of the minimum lot size required in the Low Density Residential zone and is of a size sufficient to locate a dwelling house without adversely impacting the use and amenity of adjoining lots through loss of privacy, sunlight or breezes once buildings are constructed Moreover, the access easement located on the western lot will provide for safe and efficient access to Pearsons Road, without producing detrimental impacts on the adjoining lot. It is therefore considered that the proposed reconfiguration of the lot complies with Performance Outcome PO21 of the Reconfiguring a Lot Code.

Figure 2 – Site Plan
Stromwater
The applicant has provided a stormwater management plan that address the overland flow requirements through both lots and the submitted proposal plan indicates the necessary easement.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer, Development Assessment.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL20/0028 for a Reconfiguring a Lot - Residential situated at 18 Pearsons Rd Cooroy Qld 4563 and described as Lot 5 RP 202304, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL20/0028
Street address:	18 Pearsons Rd Cooroy Qld 4563
Real property description:	Lot 5 RP 202304
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot - Residential
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
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
01	A	Plan of Proposed Reconfiguration of Lot 5 on RP202304, prepared by Max Watterson & Associates.	29-09-2020
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
This development approval lapses if the use has not happened by 22 June 2025, unless an application to extend the currency period is approved by Council.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice. In this regard the existing structure near the new access handle boundary (north western boundary of Lot 21) must be removed. A building approval for the existing pool or certification from a Building Certifier certifying that the structures comply with the relevant building provisions must be provided prior to the sealing of the subdivision plans, or alternatively, the pool must be removed.
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
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.
ENGINEERING
External Works
Pearsons Road must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
3 street trees (minimum 45L pot size) in accordance with Noosa Council’s Planning Scheme Policy 2 Landscaping;
Reconstruction of existing access driveways to ensure that a B85 vehicle will not bottom out or scrape entering/exiting the proposed lots.
Site Access and Driveways
Sealed access driveways must be provided from Pearsons Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
driveway crossovers in accordance with council’s standard drawings RS-049, RS-050 and respective addendums;
driveway crossover and access driveway to proposed lot 21, generally in accordance with Callaghan and Toth’s drawing number 2102-01, Revision A, titled “Stormwater Management & Driveway Access Plan”, dated May 2021.
Stormwater Drainage
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 generally in accordance with Callaghan and Toth’s drawing number 2102-01, Revision A, titled “Stormwater Management & Driveway Access Plan”, dated May 2021
Services
Underground reticulated electricity and telecommunication services must be provided to proposed lot 21 in accordance with 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 (Energex, NBN and Unitywater which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
A 4.5 metre wide easement for access and services purposes must be registered against the title of proposed Lot 20 in favour of proposed Lot 21, as identified in Callaghan and Toth’s drawing number 2102-01, Revision A, titled “Stormwater Management & Driveway Access Plan”, dated May 2021.
A 1.5 metre wide easement for drainage purposes must be registered against the title of proposed Lot 21 in favour of proposed Lot 20, as identified in Callaghan and Toth’s drawing number 2102-01, Revision A, titled “Stormwater Management & Driveway Access Plan”, dated May 2021.
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.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height.  All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
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.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Frontage Works, Access and Stormwater
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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