notification · locality plan of lot 2 on sp309443 situated at knox lane, fernvale 2.0 proposal the...

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SOMERSETREGIONAL COUNCIL - OFFICER'S REPORT To: Andrew Johnson, Chief Executive Officer From: Mark Westaway, senior planner Director: Luke Hannan, Director of Planning and Development Date: 22 June 2020 Subject: Development Application No. DA19321 Applicationfor a Development Permit for a Material Change of Use for a Dwelling House affected by the Bushfire Hazard and Extractive Resources overlays File No: DA19321 Action Officer: Assessment No: 02351-00000-000 SP-MW 1.0 APPLICATION SUMMARY Subject Land Location Knox Lane South, Fernvale Real Property Description Lot 2 on SP309443 Area 1.186 hectares Current land use Vacant, improved by an outbuilding Somerset Region Planning Scheme Version Three Zone Emerging Community Shaping SEQ: SEQ Regional Plan 2017 Land Use Category Urban Footprint Application Proposed development Dwelling house Level of Assessment Code Applicant/s Chrystal Deguara Applicants contact details 18 Sawmill Drive Griffin QLD 4503 Date application received 3 April 2020 Date properly made 3 April 2020 Referral Agencies None applicable Public Notification Not required RECOMMENDED DECISION Refuse DevelopmentApplication No. DA19321 subject to the reasons for refusal.

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Page 1: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

SOMERSETREGIONALCOUNCIL - OFFICER'SREPORT

To: AndrewJohnson, Chief Executive OfficerFrom: Mark Westaway, senior plannerDirector: Luke Hannan, Directorof Planning and DevelopmentDate: 22 June 2020Subject: Development Application No. DA19321

Applicationfor a DevelopmentPermit for a Material Change of Use for aDwelling House affected by the Bushfire Hazard and ExtractiveResources overlays

File No: DA19321 Action Officer:AssessmentNo: 02351-00000-000 SP-MW

1.0 APPLICATIONSUMMARYSubject LandLocation Knox Lane South, FernvaleReal PropertyDescription Lot 2 on SP309443Area 1.186 hectaresCurrent land use Vacant, improved by an outbuilding

Somerset Region PlanningScheme Version ThreeZone Emerging Community

Shaping SEQ: SEQ Regional Plan 2017Land Use Category Urban Footprint

ApplicationProposed development Dwelling houseLevel of Assessment CodeApplicant/s Chrystal DeguaraApplicantscontactdetails 18 Sawmill Drive

Griffin QLD 4503Date application received 3 April 2020Date properly made 3 April 2020

Referral Agencies None applicable

Public Notification Not required

RECOMMENDED DECISIONRefuse DevelopmentApplicationNo. DA19321 subject to the reasons for refusal.

Page 2: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

Locality Plan of Lot 2 on SP309443Situated at Knox Lane, Fernvale

2.0 PROPOSALThe applicant proposes to establish a dwelling house in the northern region of the site. Thedwelling house has a proposed setback of 46.9547m from the front boundary and 5m from thenearest side (northern)boundary. The dwelling house will be single storey, reaching an apexheight of 6.501m from the ground level. The proposed area of development is predominantlycleared of vegetation. Access to the development will be from Knox Lane South, sharing anaccess with the northern adjoining lot.

The site is currently subject to a 1,049m2 buildingenvelope located in the north-westerncornerof the site, with a 90m setback from Knox Lane South and 10m setbacks to the two sideboundaries. The building envelopewas created as part of the previous subdivision, when thelot was subdivided from the adjoining larger lot to the north. The purpose of the buildingenvelope is to restrict residential developmentsoutside the envelopeas the balance of the siteis affected by the Extractive IndustryOverlay, in particular the Transport Route Separation Area.The approved plan of subdivision is provided below.

Page 3: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

DA16588 - Attachment 1

Approved Plan of SubdivisionLot 2 on SP309443

The proposed dwelling house is setback 45m from Knox Lane South and is located in theTransport Route Separation Area. The dwelling house is proposed to be constructed outsidethe building envelope primarilydue to the slope of the site.

The proposed plans of development are provided at Attachment 2.

Page 4: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

3.0 SITE DETAILS AND SURROUNDINGLAND USESThe subject site is a triangular shaped allotment, located in the periphery of Fernvale's UrbanFootprint. The site is bounded by Knox Lane South to the east and by Emerging Community

zoned land to the north, south and west. The subject site slopes from west to the east andsoutheast. The proposed area of development is cleared of significantvegetation.

Surrounding land uses are predominately residential in nature and function as large parkresidential properties. Lots to the east of Knox Lane South are rural in nature.

Knox Lane South is identified as being a future transport route for the Key resource area (KRA)No. 144 - Horse Mountain. The extractive industry in this KRA has not been actioned. ThisKRA has been identified by the state as a future Hardrockquarry, with transport between thisresource and the Brisbane Valley Highway to be along Knox Lane, rather than via Banks CreekRoad and through the Fernvale centre.

The proposed dwelling house is not located within 500m from any known intensive animalindustry or extractive industry, but is proposed within the KRA TransportRoute.

4.0 STATE ASSESSMENTThis application is made under the provisions of the PlanningAct 2016. As such it is subjectto the requirements of the Act, other relevant Acts, the Planning Regulation2017, the StatePlanning Policy, and the South-EastQueensland Regional Plan.

4.1 State PlanningPolicyThe State Planning Policy (SPP) has been updated since the Somerset Region PlanningScheme came into effect. As such, assessment against the SPP is required, however, the

relevantcomponentsof the SPP had not been altered since the planning scheme came into

effect.

4.2 Vegetation ManagementAct 1999

As per the Department of State Development, Manufacturing, Infrastructure and Planning'sDevelopment Assessment Mapping System, the proposed area of development does notcontain regulated vegetation requiring further referral.

4.3 EnvironmentalProtectionAct 1994The site is not listed on the ContaminatedLand Registeror the Environmental ManagementRegister.

5.0 COUNCIL ASSESSMENTAn assessment against the relevant parts of the Planning Scheme is set out below.

5.1 Strategic FrameworkAn assessment against the Strategic Framework was not required as the proposeddevelopment is not an impact assessable development.

Page 5: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

5.2 Code ComplianceSummaryApplicable Code Compliance with Performance Outcomes

Overall OutcomesEmerging community zone Yes Alternative solution soughtfor

code PO3Transport,access and Yes Not required

parking codeBushfire hazard overlaycode Yes Alternativesolution sought for

PO2Extractive resources overlay No Alternative solution sought for

code PO5

Emergingcommunity zone codePerformanceoutcomes ExamplesBuilding setbacksPO3 AO3.2Building setbacks: Buildings and structuresare setbacka

(a) maintain a coherentstreetscape; minimum 10 metres from the side and rearand boundariesof the site, unless varied by a

(b) assist in the protection of the developmentcode.amenityof existing and future

residential development.

PerformanceoutcomeassessmentThe proposed dwelling house is setback5m from the nearest side (northern)boundary.

The dwelling house could be moved an additional 5m from the northern boundary, howeverthe dwelling house has been located to minimise removal of vegetation. The proposeddwelling house is of a similar scale and size to other existing dwellings in the locality andtherefore is not expected to create amenity impact to the adjoiningneighbours.

The site adjoins a 13.6ha lot to the north. The existing house on the property to the northis set approximately 85m from the common property boundary, and approximately 140mfrom the proposed house. It is consideredthe proposed reduction in setback to the sideboundarywould not impactdetrimentallyupon the amenityof the adjoining property.

Bushfire hazard overlay codePerformance outcomes ExamplesPO2 AO2In Medium (potential intensity)Bushfire Buildingsand structures in areas ofHazard Areas as identified on Bushfire Medium Bushfire (potentialintensity)Hazard Overlay Map OM-004a-b,buildings Hazard as identifiedon Bushfire Hazard

and structures are sited: Overlay Map OM-004a-b:(a) in cleared areas where the (a) are located 100 metres from ridgelines;

environmentalimpacts of vegetation (b) are not located on north to west facing

clearingare minimised; slopes;

Page 6: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

(b)on the area of the site which is ieast

prone to bushfire hazard having regardto aspect, slope and vegetation;

(c) to provide adequatesetbacks betweenbuildings, structures, and areas ofidentified bushfirehazard.

(c) have a firebreak with a minimumdimension of 20 metres.

PO3In Medium (potentialintensity)BushfireHazard Areas as identified on BushfireHazard Overlay Map OM-004a-b,developmentmaintainsthe safety of peopleand propertyby providing an adequateandaccessiblewater supply for fire-fighting

purposes.

AO3For uses involving new or existing bulidingsin areas of Medium (potentialintensity)Bushfire Hazard as identified on BushfireHazard OverlayMap OM-004a-beach lothas:

o a reilable reticulated water supply thathas sufficientflow and pressurecharacteristics for fire fighting purposesat all times (minimum pressure and flowin 10 litres a second at 200kPa);or

o an accessibleon-site dam or tank withfire fighting fittings, or a swimmingpooiof not less than 40,000 litres.

Performance outcomeassessmentA small part of the rear of the site is identified by the Planning Scheme to be affected by

areas of Potential impact buffer. However, the most recent mapping provided by the Stateidentifies approximatelytwo thirds of the site, including both the building envelopeand the

applicant's proposed area of development to be affected by Medium Bushfire (potentialintensity) Hazard. Council is currently in the process of adopting the latest informationthrough proposed MajorAmendmentto the SomersetRegion Planning Scheme.

The State's identificationof the area comprising the site as subject to Medium Bushfiredevelopment does not precludethe developmentfrom locating within the approvedbuildingenvelope. It is noted that the existing vegetation on the site is not designatedby DNRMEas regulated vegetation,nor is any of the vegetationon the site designatedby DES as CoreKoala Habitat.

The proposed location of the dwelling house would result in less vegetation clearing,however some clearing of vegetation will be required, particularly toward the southwestcorner of the building.

An approval for the proposed dwelling house would include conditions that the house be

provided with an adequate and accessible water supply for fire-fighting purpose.

Extractive resources overlay codePerformance outcomes | ExamplesDevelopmentwithin or adjoining a Transport route, Transport route separation areaor Transport investigation area

Page 7: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

PO5 AO5.1

Developmentdoes not materially increase Developmentdoes not result in an increasethe number of people living within the in residentialdensitywithin a transporttransportroute separationarea or transport route separationarea or transportinvestigationarea. investigationarea.

Performance outcomeassessmentAlternative solutionThe applicantprovided a statutorydeclaration that includedthe following comments:

"I have tried to work within the constraints provided but have found it not to be viableas due to the slope of the land in that area after excavation, the placementof mydream home would require a 3m retaining wall to be built 5m behind the house,disadvantagingthe lifestyle of myself and my family and giving us minimal ability to

enjoy country living and views which is my primary reason for seeking an acreageproperty. Additionalto the impact on the lifestyle of myselfand my family we wouldbe looking at having to pay around $20,000 for the retaining wall as well asapproximatelyan additional $30,000for driveway, fill and stabilisingfor the allocatedlocation."

"I propose to have the dwelling constructed within the Transport Separation Area,

set back approximately50m from the front fence line of my propertyas shown in theprepared plans provided. The construction or placement of my dwelling will notinterfere with the safe and efficient transportationsof the extractive route, and the

entry point to the property will remain the same."

"The dwelling will maintain a high level of safety and amenity for my family if

approved to develop in the dream location, as outlined in the documents supplied,as we will be able to construct our primary outdoor living area behind the house,

which will offer significantprotection from the transport route. Also I am prepared to

implement landscaping and fencing as well as install protective upgrades to thehouse such as awnings, roller shutters, double glazed windows and soundproofingmaterialssuch as insulation whichwill offer substantialprotectionfrom any resultingdust and noise that may arise from the transportation route. Additional to these

measures, the dwelling will also be positionedbehind a large 12m x 15m shed whichwill also provide abundantprotection from the transport route activities."

"I am aware that my dwelling may be exposed to some dust, noise or vibrationsduring transport route operation times and am preparedfor this. I will not issue any

complaints or proceedings in relation to the safe and efficient transportationof the

extractive resources if my dwelling is approved to be built in the proposed location

on my lot."

Additionalcommentswere made on the applicationform with respectto the liveabilityof thehouse:

Page 8: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

"Further upgrades can be made to the house if needed (and we will be more thanhappy to install these if needed once the transport route becomes active) to providemaximumprotectionand createa high level of safety and amenitysuch as installingdouble glazed windows and sound proofing materiais to insulate the inside of thehouse. Roller shutterscan be attached to wall openingssuch as sliding doors andwindows to provide maximum protectionand weather proofawningscan be installedto the verandah areas to minimise dust from entering the house area."

PlanningcommentsThe proposed dwelling house would be located within the TransportRoute Separation Area.The subject lot is the result of a recent reconfiguration.A copy of the approved plan is

located in Section 2 of this report.

As part of the reconfigurationapproval, a building envelopewas required on-site, located in

the western section of the site, away from the transport route separation area. The building

envelopeis situated 90mfrom the Knox Lane South road reserve and 10m from the northernand southwest boundariesof the site. The proposed house is located 45m from Knox LaneSouth, entirelywithin the transport route separation area.

The building envelope for Lot 2 was specifically conditionedas a part of the reconfigurationto minimise impacts associatedwith the transport route serving KRA144 in order to protectresidents. Council considered the building. envelope to be necessary to protect future

ownersand maximisetheir amenity.

The propertywas purchased by the currentownerwith the building envelope in place.

It is acknowledged that the land contained within the building envelope has a slope ofapproximately1 in 4, which is steeper than the area where the applicanthas proposed thehouse. It is recognised that building within the building envelopewould result in additionalcosts compared to the applicant's proposed location due to the building envelope beinglocated on steeperground and further from the road.

The applicanthas advised of the need for a large retainingwall if they are to build within thebuilding envelope. If the house was to be constructed in the proposed location, a retainingwall or site batterwould still be required as the land has a slope of between 1 in 5 and 1 in

6 in proximity to the applicant's proposed house site, and the house is proposed to be

constructedas slab on ground, therefore requiringcut and fill. The applicant'sbuilding planssubmitted with the application (outside the building envelope) shows a proposed battercommencingapproximately2m behind the building.

With respectto views, it is noted the approved building envelope is located several metreshigherthan the proposed house location,which could be consideredto provide the applicantwith more views. (The proposed house is also oriented to face the rear of the shed, andviews northward from the house would be limited due to the garage being located on thatside of the house).

Page 9: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

The timing of the noise attenuation/mitigationworks to the house has not been made clear.On the applicant'sstatutory declaration, the impression is given that the additional building

works may be incorporated into the original construction of the house, however theapplicant'scomments on the DA Form (and in Precinct Urban Planning'scorrespondence)give the impression that these upgrade works may occurafter the transport route becomes

operational.

With respect to complaints, it is noted the owner is not obliged to own the property in

perpetuity. Nor is there any feasible mechanism available to Council to require upgradesto be made to the dwelling house by the current owner or subsequent owners when thetransport route becomesoperational.

It is acknowledged that Horse Mountain Key Resource Area - KRA144 is currently notoperational. There is no certainty to when the relevant Transport Route would be

constructed and used, however the Key Resource Area reports from April 2016 include thefollowingcommentswith respect to Key Resource Area 144:

SIGNIFICANCE: The availability of hard rock resources in the westem part ofSoutheastQueenslandmaybecomeseverelyconstrainedin the near futureas otherresourcesare exhausted. This resourceis one of the largest in the regionand wouldbe capable of meeting a significant part of the projecteddemand.

SEPARATIONAREA: The steep ridges surrounding the site will provide additionalscreeninghoweverthe maximumseparationdistanceof 1000 metres is appliedfromthe resource/processing area boundary. The surroundingland is zoned Rural andthere are no dwellingswithin the proposedseparationarea.

TRANSPORT ROUTE: A transport corridor has been proposed in the current EskShire planning scheme, leading directly south over the Brisbane River to theBrisbane Valley via the existing Harris Road intersection. This would avoid trucktraffic through the residential areas of Fernvale.

The KRA has an area of approximately 315 hectares. The transport route connecting theKRA to the Brisbane Valley Highway would be approximatelyfive kilometres long. Whenthe KRA becomes operational, Knox Lane South will become the main transport routebetween the extractive operation and the Brisbane Valley Highway. The KRA developmentwill require a bridge across the Brisbane River and construction of approximately fivekilometres of road, including upgrades to existing Council maintained roads as well as

constructionof new roads. The cost of this infrastructurewill be considerable.It is thereforelikely that any extractive industry operating within the KRA will need to be large in order to

offset the start-up costs of the development.As a result, the transport route will be likely to

carry a larger number of heavy vehicles, and as such it is not considered appropriate to

reduce proposed setbacks to the street.

Page 10: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

The applicantalso provided additional advice from PrecinctUrban Planning with respect tothe TransportRoute Separation Area. The report includes the comment, "In manyrespects,Council'sapprovalof the reconfigurationof the lotproposal in 2018 to facilitate the creationof the site acknowledgesthat the future establishmentof a dwelling on the site wouldnotadverselyimpact upon the safe and efficientoperationof the haulageroute."

This contention is not supported. The approval was issued subject to the provision of abuilding envelope outside of the Transport Route Separation Area, and included otherconditions including a shared access point in order to minimise impacts of the future haul

route. The RAL approval was granted because Lot 2 was able to provide a developablearea outside of the Transport Route Separation Area. Precinct has also provided thefollowingcomments:

"It is acknowledgedthat the assessment benchmarksin the 2017 State PlanningPolicy does not apply to the assessmentof dwellinghouses on existing lots(meaningthat such developmentsare exempt from these requirements).Notwithstanding, the 2017 SPP does facilitate the potential for the numberofpeople residing within the separation area of the haulage route to be increasedtolong as potential impactsare mitigated. This approach is supported in theguidancematerial associated with the miningand extractive resourcesStateInterest. In the contextof the proposal, the following is noted:? The mappedKRAsare not currently being actively worked for extractive

industrypurposes. The timing for these KRAs to be activatedis unknown (andin some respects, there are a range of accessand operationalmatters that willneed to be consideredprior to eitherKRA being activated).

? As the KRAs are not operational, determiningpotential impacts from the futureoperation of the haulage route cannot be qualifiedor quantifiedat this point intime.

? The proposed dwellingis proposed to be locatedapproximately 50m fromKnox Lane, and behindan existingshed. The locationof the shed can assistwith mitigatingpotential impactsassociatedwith the future operationof thehaulage route. In addition, recreationspace can be locatedto the rear of thedwelling to provideadditionalprotection from the haulage route (which is apoint raised in the guidancematerial).

? The applicanthas provided a written acknowledgementthat in the future, thedwellingmay be affectedby the operationof the haulage route. In this respect,the applicanthas also acknowledgedthat if necessary, the building can beupgraded to incorporate necessarydesign features to assist with mitigatingagainst the potential impact of noise, dust and vibration associated with theoperation of the haulage route. It is considered that this acknowledgementaddresses potentialimpactsas theycurrentlyrelate to the site anddevelopment(i.e.potential impacts cannot be currentlyconfirmed). Areasonable and relevant condition could be imposed where potential impactsare identified, and mitigation measuresare implementedas necessary, in theevent that the haulage route becomes operationalas a result of thecommencementof an extractive industryuse. This could include arequirement for the applicant/ownerto investigate the natureand severity ofpotentialamenityimpacts and have these identifiedand quantified bycommissioningan appropriate specialist assessment(s). Further the

Page 11: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

applicant/owner wouldbe required to consent to providingan undertaking thatany requiredameliorativemeasuresare implemented."

PlanningcommentsUnder the "State interest guidance material - Miningand extractive resources"TransportRoute Separation Area is definedas "The area surroundingthe transportroute neededto

maintain separationofpeople from undesirable levels of noise, dustandground vibrationproducedas residual impacts from the transportationof extractive material. The distanceis measured 100m from the centre line of the indicated transportroute for a KRA."

It is agreed with Precinct that a Dwelling house is not subject to the SPP. However,Precinct has not acknowledgedthat the RAL that created this iot was subject to the SPP,

and a building envelopewas provided as part of the assessmentand approval of the RAL.

Dotpoint 1 is a pertinent statement. It is not known when the resourcewill be commencedhowever the protection of the asset, including the transport route, should be given weight.This is identified in the following state interestpolicies:

(2) KRAs are protectedby(a)

...(b)

...(c) avoiding land uses along the transportroute and transportroute

separation area of a KRA that are likely to compromisethe ongoinguse of the route for the haulageof extractive materials;

(d) avoidingnew development adjacent to the transportroute that islikely to adverselyaffect the safe and efficient transportationof the

extractive resource.

Dotpoint2 is relevant. The KRA is not operational,however an access route to anextractive industry is typified by the movementof heavyvehicles, with noise from laden

and unladen vehicles. The existing area is not subject to significantnoise impacts. As aresult, noise impacts from the proposedtransport route would be more impacting than in anoisy environment.

The shed referred to in Dotpoint 3 may have a mitigating effect on noise but only wherethe truck is directly between the shed and the house. Given the shed is 12m wide and atruck may exceed20m in length, this is likely to only have a minimal mitigatingeffect.

Dotpoint 4 references the potential to upgrade the house in the future to provide noisemitigation. Tbe "State inte est guidancematerial - Mining and extractive resources"makes the following comments:

"Sensitive land uses and developmentsthat are incompatible with noise, dust andvibrations (which will be generatedby the haulage of extractive materials),especially land uses that increase the numberof residents, are not encouragedin

the transport route separation area. Developmentthat will increase the numberofpeople workingwithin the transportroute separationarea is not supported.

Page 12: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

Developmentthat increases the numberof residentor workerswouldonly be

supportedif they can demonstrate that they adequatelymitigate the impacts ofnoise, dust and vibration generatedby the currentand future haulageof extractivematerialsalong the transportroute."

Despite Precinct's advice that the house could be retrofitted to address these matters, thisis an expensive exercise with no certainty that the results would be satisfactory. The

applicanthas provided genericadvice with respect to potential acoustic mitigation, howeverhas not provided sufficient advice to provide confidence that this outcome could be

achieved.

Part of Lot 2 is outside of the Transport Route Separation Area and is able to be developedfor a house. Council would have no issues with the construction of a Dwelling house withinthe building envelope. It is not obligatory for Council to approve a Dwelling house that is

located outside the building envelope.

It is consideredthe development does not achieve compliance with PerformanceOutcomePO5 or AcceptableOutcomeAO5.1.

6.0 OTHER PLANNINGCONSIDERATIONS6.1 Trunk infrastructureand ServicesThe following items of trunk infrastructure and services applicable to the proposeddevelopment are individuallyaddressedbelow.

6.2 Water Supplyand SewerageThe subject land is not located within an area serviced by a reticulated water supply networkand reticulated sewerage network. If approved, conditions would be included requiring thedevelopmentbe supplied with potable and drinking water and an on-site sewerage systemcompliantwith the relevant Australianstandard.

6.3 Stormwater/DrainageThe proposed developmentis not consideredto have any adverse impacts upon stormwaterand drainage. There is no associated infrastructurechargefor this type of developmentwithinthe region.

If approved,a condition requiring the landowner to ensure stormwater is delivered to a legal

point of dischargeand designed in accordance with the Queensland Urban DrainageManual

would be included in the Schedulesof condition.

6.4 TransportnetworkThe proposed development is not considered to unreasonably burden local transportnetworks. This comment however does not relate to the strategic function of the transportroute for the KRA. There is no associated infrastructure charge for this type of developmentwithin the region.

Page 13: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

6.5 Parks and Open spaceThe proposed development is not consideredto have any adverse impacts upon the Parksand open space network. There is no associated infrastructure charge for this type ofdevelopmentwithin the region.

6.6 InfrastructurechargesAs discussedabove, there are no infrastructurechargesapplicableto the developmentunderCouncil's current Charges Resolution (No.1) 2019. Infrastructurecharges were applicablewith respectto the approved subdivision that created this lot.

6.7 EnvironmentThe proposed developmentwill not result in environmentaldegradation.

6.8 HeritageThe site neither adjoins nor contains a heritage feature listed in either the QueenslandHeritage Registeror Council'sLocal Heritage Register.

7.0 STATE AGENCY REFERRALSThere were no applicable referral agencies to this application, in accordance with theprovisions of the PlanningRegulation2017.

8.0 CONCLUSIONThe developmentapplicationis for approval of a Dwelling House within the ExtractiveIndustryOverlay.

The site contains a building envelope that is outside of the overlay, but the applicant has

proposed to locate the house within the area affected by the overlay. Notwithstandingthe

applicant's supporting information, it is consideredthe proposed house would be subject toimpacts from the future transportroute and the building envelopeshouldbe maintainedas thelocation for a future house.

The proposeddevelopmentdoes not demonstrate compliancewith the acceptableoutcomesof the relevant assessmentbenchmarksor provided satisfactoryalternative solutions for the

performanceoutcomeswhen it did not meet the acceptableoutcomes.

The proposeddevelopmentis therefore not supported in its current form.

9.0 DELEGATIONOF AUTHORITYThe Chief Executive Officerhas the power to act as the AssessmentManagerfor applicationsreceived by Council under Chapter 3 of the PlanningAct 2016 and to decide applicationsunder section 60 of the PA. Council granted this power on Wednesday,28 June 2017. Thisdelegationwas reviewed by Council on 24 January2018.

10.0 ATTACHMENT1. Site Plan, Detail Survey Lot 2 on SP309443 Knox Lane South, Fernvale, Prepared by

Spencer Surveys, dated 6 March 2020.2. Elevation Plan, Prepared by Dixon Homes, Job No.: 143287, dated 21 April 2020.

I

Page 14: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

RECOMMENDED DECISIONThat Council refuse the DevelopmentApplication No. DA19321 for a DevelopmentPermit for

a Material Change of Use for a Dwelling House affected by Bushfire Hazard and ExtractiveResources overlays on land described as Lot 2 on SP309443 and situated at Knox LaneSouth, Fernvale subject to the following grounds:

1. The development does not complywith Purpose (1)(a)of the Extractive resourcesoverlaycode in that the Dwelling house would encroach onto the transport route separationareafor an identified key resource area.

2. The developmentdoes not complywith Purpose (2)(b)of the Extractive resources overlaycode in that development occurring within or adjacent to transport routes or transportinvestigation areas may constrain or otherwise conflict with the safe and efficienttransportation of the extractive resource.

3. The development does not achieve the intent of Performance Outcome PO5 of theExtractive resources overlay code in that the Dweiling house would materially increasethe numberof people living within the transportroute separationarea.

4. The development does not comply with Acceptable Outcome A05.1 of the Extractiveresources overlaycode in that the Dwellinghousewould result in an increase in residentialdensitywithin a transportroute separationarea.

That Council report for this applicationbe published to the websiteas Council's StatementofReasons in accordancewith s63(5) of the PlanningAct2016.

This completes the report for DA19321.

Page 15: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

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Page 16: Notification · Locality Plan of Lot 2 on SP309443 Situated at Knox Lane, Fernvale 2.0 PROPOSAL The applicant proposes to establish a dwelling house in the northern region of the

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