SOMERSET REGIONAL COUNCIL - OFFICER'S REPORT To: Bob Holmes, Acting Chief Executive Officer From: Ryan Cheng, Planning Officer Director: PeterTabulo, Directorof Planning and Development Date: 6 November 2019 Subject: DevelopmentApplication No 18654 - Application for a Development Permit for a Material Change of Use for Multiple dwelling (4 units) File No: DA18654 Action Officer: PO-RC Assessment No: 80301-00000-000 1.0 APPLICATION SUMMARY Subject Land Location 16 William Street, Kilcoy Real Property Description Lot 1 on RP76451 Area 0.135 hectare Current land use Residential Dwelling house Commercial- Two - offices/shops Somerset Region Planning SchemeVersion Three Zone Centre Shaping SEQ: SEQ Regional Plan 2017 Land Use Category Urban Footprint Application Proposed development Multiple dwelling (4 units) Level of Assessment Code Applicant/s Anthony Wheatley Applicants contact details c/- Fluid Building Approvals BO Box 404 ASPLEY QLD 4034 Date application received 30 May 2019 Date properly made 18 June 2019 Referral Agencies Departmentof State Development, Manufacturing, Infrastructureand Planning for the followingtrigger: Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 State transportcorridors and future State transport-corridors Public Notification Not required RECOMMENDED DECISiON Approve the Development Application No. DA18654 subject to the requirements and conditions contained in the Schedules and Attachments -118- Locahty Plan of Lot 1 on RP76451 S tuated at 16 Wilham Street, Kilcoy 2.0 PROPOSAL The applicant proposes to establish a Multiple dwelling use on-site. The Multiple dwelling use consists of four individual units. The site is currently improved by three existing buildings, a Dwelling house and two Shops/Offices. These buildings will be retained on-site at their current respective locations. The applicant has proposed to lift the existing Dwelling house convert it into two individual independent units, with one unit on the ground levet and the second unit on the first level Two additional single storey units will be constructed at the rear region of the site. All proposed units will have an overall height not exceeding two storeys and 8.5m above ground level. All units will be provided with individual private open spaces. The overall site cover is less than 40% of the site, with a density of 1 unit per 355m2 of the site. The proposed developmenthas a proposed rear boundary setback of 2m (from the rearmost unit), a proposed western side boundary setback of 2.85m (from the units converted from the Dwelling house), a proposed eastern side boundary setback of 5.5m and a proposed front boundary setback of 22.65m. It is noted that the existing Shops/Officesbuildings are currently constructed to the front boundary and to the eastern and western side boundaries. The applicant has not proposed any building works to the Shops/Offices buildings and do not form part of the development application. A 2m landscape garden space will be provided around the perimeter of the site where not occupied by existing and proposed buildings, crossover or private open spaces. A total of 13 carparking spaces have been proposed to be provided on-site. The existing access will be widened from 3m to 5.5m to accommodate the proposed use in accordance with Council's Design Standards. The developmentwill use the existing access at the William Street service road The proposed site, floor and elevation plans are provided at Attachments 1, 2, 3 and 4. 3.0 SITE DETAILS AND SURROUNDING LAND USES The subject site is regular in shape, with boundaries defined by William Street's service road to the south and other properties to the remaining directions. The subject site is not known to be inundated by flood and is not known to be prone to be slip, subsidence or erosion. Existing -119 surround land uses are predominately residential and commercial uses. The site is located in the Kilcoy commercial centre. The subject site has an area of 1,340m2 and a road frontage width of 20.117m 4.0 STATE ASSESSMENT This application is made under the provisions of the PlanningAct 2016. As such it is subject to the requirements of the Act, other relevant Acts, the Planning Regulation 2017, the State Planning Policy, and the South-East Queensland Regional Plan. 4.1 State Planning Policy The State Planning Policy (SPP) has been updated since the Somerset Region Planning Scheme came into effect. As such, assessment against the SPP is required, however, the relevant componentsof the SPP had not been altered since the planning scheme came into effect. 4.2 Vegetation Management Act 1999 As per the Depadment of State Development, Manufacturing, Infrastructure and Planning's DevelopmentAssessment Mapping System, the proposed development footprint does not contain regulated vegetation requiring further referral. 4.3 Environmental Protection Act 1994 The site is not listed on the Contaminated Land Register or the Environmental Management Register. 4.4 Planning Regulation 2017 The development apphcation triggered referral to the Department of State Development, Manufacturing, Infrastructure and Planning due to the development application is for a Material change of use and located within 25m of a State-controlled road corridor, being William Street. The State has reviewed the application and responded with conditions. 5.0 COUNCIL ASSESSMENT An assessment againstthe relevant parts of the Planning Scheme is set out below. 5.1 Strategic Framework An assessment against the Strategic Framework was not required as the proposed developmentis not an impact assessable development. 5.2 Code ComplianceSummary Applicable Code Compliancewith Performance Outcomes Overall Outcomes Centre zone code Yes Alternativesolution provided for PO2 Multiple dwelling and dual Yes Afternative solutions provided occupancy code for PO11, PO12, PO13 and PO22 Services, works and Yes Complies infrastructurecode Transport, access and parking No Alternativesolutions provided code for PO5 Centre zone code Perförmanceoutcomes Examples Building setbacks PO2 AO2.1 120- Building setbacks: New buildings and structures are built to the primary street frontage boundary of the (a) contribute to the establishment of a site, including the following main streets: continuous 'main street' character; (b) assist in the provision of active Centre Main street/s frontages and the engagement of development with the public realm; Esk Ipswich Street (c) facilitatethe establishment of Fernvale Brisbane Valley Hwy awnings on main streets; Main Street (d) do not detract from the amenity of Kilcoy Hope Street adjoining premises, in terms of Mary Street privacy, access to natural light, and William Street ventilation; and Lowood Main Street (e) provide for the efficient use of the Railway Street site. Toogooiawah Cressbrook Street A02.2 Where an adjoiningpremises is located in the General residential zone, buildings and structuresare setback a minimum 3 metres from the common side boundary. AO2.3 New buildings and structuresare setback a minimum 3 metres from the rear boundary. Performanceoutcome assessment The applicant has proposed to establish a four units multiple dwelling on-site. Two units will be converted from the existing Dwell1ng house and the two additional units will be constructed to the rear region of the site. All units will be away from the front boundary of the site. The two existing Shop/Office buildings will be retained on the front boundary of the site. The applicant has not proposed any alteration to the façade of these structures. The development will therefore not alter the existing streetscape appearance of the site. The rear adjoining premises to the subject site is identified as General residential zone. The proposed rearmost unit will be setback 2m from the rear boundary of the site. A condition requiring the installation of dividing fence will maintain the existing amenity of the rear adjoining premises. The development is not expected to intrude on the privacy, access to natural light and ventilation of the existing residential use to the north. Multiple dwelling and dual occupancy code Performanceoutcomes | Examples Setbacks PO11 A011.1 Building setbacks: Buildings incorporate the following setbacks: (a) assist is providing landscaping opportunities; (a) minimum clearance from a road (b) protect the amenity of residents and frontage of 6 metres; adjoining premises; (b) minimum clearance from the rear (c) provide space between adjoining boundary of 3 metres; and premises; (c) minimum clearance from side (d) ensure that development is not boundaries of: overbearing;and (e) contribute to a consistent (i) 1.5 metres for a building not streetscapecharacter. exceeding 4.5 metres in -121- height; and (ii) 2 metres plus 0.5 metres for every additional 3 metres or part thereof over 4.5 metres for buildings of a height in excess of 4.5 metres. Performanceoutcome assessment The existing buildings constructed to the front boundary will be retained and therefore existing front boundary setback remains unchanged. The existing streetscape character is maintainedand preserved. The Multi dwelling developmenthas the following proposed setbacks: ? A rear boundary setback of 2m; ? A western side boundary setback of 2.85m; ? A eastern side boundary setback of 5.5m: and ? A front boundary setback of 22.65m. It is noted the two existing Shop/Office buildings are currently constructed to the front, eastern and western side boundaries.These two buildings do not form part of the development application. The development will be required to install landscaped garden space and a 1.8m high boundary fence around the perimeter of the site, where not obstructed by buildings or vehicle crossover. It is considered the development will not affect the amenity of residents and adjoining premises. The developmentis also not considered as overbearing as the proposed rear units will be single storey and the existing Dweliing house has been retained. Open space PO12 AO12.1 Landscaped open space contributes to an A minimum of 15 percent of the site area is 'open'appearancethatenhancesthe provided as landscaped open space with a streetscape character of the locality and minimum width of 2 metres.