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Our ref: 221128
Council Ref: MCU24/0002


12 March 2024

The Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin QLD 4565

Attention:         Development Assessment – Georgina Schramm
Via Email:         [email protected]

Dear Georgina,

Re:       Response to Council’s Information Request
          Development Permit for Material Change of Use – Non-complying Dwelling House
          399 Sunrise Road, Tinbeerwah
          Lot 6 on RP207543
          Council ref: MCU24/0002

I refer to Council’s Information Request, dated 24 January 2024 in relation to the abovementioned development.

On behalf of the applicant, KR Dahl & SA Dahl, and in accordance with Section 13 of the DA Rules, we provide a
response to all the issues raised. A response to the item(s) raised in Councils Information Request is outlined
below:

            ITEM 1:
            Issue – Building Setbacks
            The proposed setback to the northern boundary is not considered appropriated. The water
            tanks are also structures within the 10 metres and therefore require relaxation.
            The northern side boundary setback within close proximity to the adjoining residence’s area
            of private open space (swimming pool) and has the potential to impact on the level of
            amenity shared with the adjoining premises.

            Information Required
            1. Provide revised plans removing the water tanks from the boundary setbacks areas.
            2. Provide a compliant northern side boundary setback of 10 metres clear of all building/s
            and structures.

RESPONSE
A meeting was held with Council officers onsite on 29 February 2024. As discussed in the meeting, it is not
intended to amend the plans, with all reduced setbacks to the dwelling house and rainwater tanks maintained
in the submitted design. Justification for this is provided below.




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Our ref: 221128
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Page 2

Please refer to Figure 1 below, which shows the reduced setbacks in red and the existing buildings / structures
outlined in yellow for reference.




Figure 1 Proposed site plan – comparison with existing dwelling, garage and rainwater tanks



Northern setback to rainwater tank and corner of dwelling
The northern setback encroachments (depicted in Figure 2 below) will not impact upon the visual amenity of
the northern adjoining neighbour and their associated pool area given the following:

     •    As shown in Figures 3-5 below, the existing vegetation on both sites provide significant screening.
     •    The area of dwelling house encroachment is located downhill of the neighbour’s dwelling and private
          open space and will sit below the tree canopy line.
     •    The rainwater tank will not exceed 2.4 metres in height and will be located downhill of the neighbour’s
          dwelling and private open space. Further, because of the sloping land, it will be partially constructed
          into the ground. Overall, the tank will sit below the tree canopy line and will not be visible from the
          adjoining site.
     •    Council can impose approval conditions requiring this vegetation to be retained or otherwise replaced
          with new planting over time that results in the same screening outcome. Further, additional planting is
          proposed to be provided to enhance the screening landscapes between the building/rainwater tank
          and the boundary (as per the lodged landscape design plans).
     •    As shown in Figure 2 below, there is a setback of 15 metres between the neighbour’s pool area and the
          proposed dwelling and 10 metres between the pool area and the rainwater tank.
     •    There are no windows on the northern wall of the bedroom closest to #401 (northern neighbour) and
          noise transfer between #399 (subject site) and #401 will be mitigated through the proposed concrete
          block wall.
     •    For window 1 – there is landscaping proposed between the window and boundary to block any views
          to #401.
     •    For window 2 – views to #401 are blocked by the blade walls.
     •    The land to the east of the #401 pool area slopes away significantly, largely rendering it unusable. As a
          result, it would be highly unlikely for any future development on #401 to move closer to the boundary.



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Page 3

Figure 2 Separation from neighbour’s pool area to proposed dwelling and rainwater tank




Figure 3 Vegetation blocking views between the dwellings and their private open space areas




                                                                                              Page 3 of 8
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Page 4

Figure 4 View from the subject site (#399) looking north - vegetation blocking views between the dwellings and their private
open space areas




Figure 5 View from the neighbouring property (#401) looking south towards the subject site (#399) - vegetation blocking
views between the dwellings and their private open space areas



Southern setback to rainwater tank and corner of dwelling
There are three (3) rainwater tanks that will be located to the south of the dwelling/garage with side boundary
setbacks ranging from 4.2 metres to 7 metres. Further, the corner of the dwelling sits inside the side setback,
being 6.2 metres from the boundary (all depicted in Figure 1 above). The southern setback encroachments will
not impact upon the visual amenity of the southern adjoining neighbour as explained below.

Two (2) of the proposed rainwater tanks are proposed to be located where there is already a detached
garage/shed and rainwater tank onsite. The garage/shed is greater in height than the rainwater tanks proposed
in this location and therefore these thanks will result in an improved visual amenity outcome if able to be seen
from any angle (not likely to be visible from neighbouring property as discussed below).




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Page 5

The corner of the dwelling and rainwater tanks will interface with the property at #391 Sunrise Road Doonan,
which is in the Sunshine Coast Council jurisdiction, where the setback requirement for buildings and structures
is minimum 3 metres. As such, the proposed setbacks are in line with the reasonable expectations of this
neighbour.

This southern adjoining site comprises a recently constructed dwelling that is significant in size and a full-size
tennis court with high, black wire fencing surrounding, solar panel infrastructure and at least four (4) tall light
posts (refer to Figure 6 below). Significant vegetation clearing was undertaken to accommodate the construction
of this tennis court and associated infrastructure.

Noting that it appears that the tennis court was not formally approved (per SCC online records), the Dwelling
House Code under the Sunshine Coast Planning Scheme 2014 requires 3.6 metre high mesh fencing and a 1.5
metre landscape strip be incorporating screening trees and/or shrub species along any side boundary to create
a visual screen between the tennis court and the side boundary. As such, the adjoining landowner is required to
provide and maintain a dense landscape buffer to the boundary to protect the visual amenity of the subject site.

Overall, the visual amenity of the adjoining neighbour will not be unreasonably impacted by the proposed
dwelling house setback relaxation and rainwater tanks being positioned 4.2 metres to 7 metres from the
common boundary, given the extent of infrastructure that the neighbour has delivered in this location, notably
4 metres off the boundary (refer to Figure 6 below). Finally, the neighbour’s primary private open space (pool
area with alfresco) is located uphill, more than 30 metres from where the tanks will be onsite.

Given the visual impact of the tennis court and associated fencing at #391 for the residents of the subject site,
the applicant will be looking to provide screening shrubs along this boundary for their own visual amenity, as
well as largely retaining the existing vegetation on their side. This will have the added benefit of further screening
views to the tanks, in addition to the 1.5 metre wide landscape buffer required on the neighbour’s site.




Figure 6 Tennis court and fencing at #391 Sunrise Road



                                                                                                            Page 5 of 8
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Page 6

Figure 7 Tennis court and fencing at #391 Sunrise Road – setback approx. 4m



Please refer to Figure 8 below, which includes site images to show the extent of landscape screening provided
between the properties, showing that the rainwater tanks will be concealed from view. Further, additional
planting is proposed to be provided along this boundary to enhance the screening landscapes between the
building/rainwater tank and the boundary (as per the lodged landscape design plans).




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Page 7

Aw

is Tennis court ii
AS fence
= val .

partially
buried tank

Existing
buried
septic tank

 

Figure 8 Southern boundary site images

 

Page 7 of 8
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Page 8

This represents our complete response to the Information Request issued by Council, and we look forward to
the Decision Notice being issued in accordance with the relevant provisions of the Planning Act 2016.

As always, please feel free to contact me direct should you require any additional information or clarification.

Yours faithfully,


ADAMS + SPARKES
TO WN P L ANN ING




Aspen Dunn
SENIOR TOWN PLANNER




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Our ref: 221128

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