Application For Material Change Of Use - Multiple Housing Type 4 Conventional (4 Units) And Associated Operational Works Situated At 28 Nannygai Street, Noosaville MCU14/0051 & OPW14/0274

APPLICATION FOR MATERIAL CHANGE OF USE - MULTIPLE HOUSING TYPE 4 CONVENTIONAL (4 UNITS) AND ASSOCIATED OPERATIONAL WORKS SITUATED AT 28 NANNYGAI STREET, NOOSAVILLE MCU14/0051 & OPW14/0274

Document information

Author	Development Planner, Jack Lewis
Planning & Infrastructure Department

Index	ECM / Application / MCU14/0051 & OPW14/0274

Attachments	1.	Locality Plan
2.	Proposal Plans

APPLICATION DETAILS
Applicant	Tu Projects
Proposal	Development Permit for Material Change of Use – Multiple Housing Type 4 Conventional (4 Units); and Development Permit for Operational Works (Vehicle Crossover, Landscaping, Drainage Works and Carparking)
Properly Made Date	30 June 2014
Information Request Date	Nil
Decision Due Date	26 September 2014
Number of Submissions	2 Properly Made

PROPERTY DETAILS
Property Address	28 Nannygai Street, Noosaville
RP Description	Lot 1 on RP153307
Land Area	1,619m2
Existing Use of Land	Disused industrial shed

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Semi Attached Housing
Overlays	Natural Hazards (Min Floor Height & Potential Acid Sulphates)
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 16 September 2014 regarding Application No. MCU14/0051 and OPW14/0274 for Development Permits for Material Change of Use for Multiple Housing Type 4 Conventional (4 units) and Operational Works situated at 28 Nannygai Street, Noosaville; and
Approve the applications in accordance with the following conditions:
Development Permit for Material Change of Use for Multiple Housing Type 4 Conventional (4 units)
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
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
4416SM Sheet 5 of 36	PA	Site Plan,  prepared by I Want That Design	27 June 2014
4416SM Sheet 6 of 36	PA	Lower Floor Plans,  prepared by I Want That Design	27 June 2014
4416SM Sheet 7 of 36	PA	Upper Floor Plans,  prepared by I Want That Design	27 June 2014
4416SM Sheet 35 of 36	PA	3D Perspectives 1 of 2,  prepared by I Want That Design	27 June 2014
4416SM Sheet 36 of 36	PA	3D Perspectives 2 of 2,  prepared by I Want That Design	27 June 2014
1196-Sk01		Driveway Layout, prepared by Contour	1 July 2014
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Landscaping
The development site must be landscaped prior to the commencement of use.  The works must be undertaken in accordance the works shown on the Approved Plans, except where amended by these conditions.
4 x 45L street trees must be planted within the Nannygai Street frontage. The trees shall be located so as to allow for adequate sight lines, and be clear of existing and proposed services within the road reserve, including the footpath.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques that allow for healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m; or
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice
Waste Management
Refuse storage, removal and collection facilities must be provided in accordance with the following:
provision of a minimum of two 240L wheelie bins for each dwelling unit;
provision of separate bins for general and recyclable waste for each tenancy, with an equal number of each being provided; and
provision of a hardstand impervious area in accordance with the approved plan.
Unitywater
Reticulated water supply and sewerage must be provided to the development.
Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 15 litres per second.
A single Unitywater installed primary water meter must be provided immediately inside the property boundary. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.
Sub meters must be provided at the boundary of each title to be administered by a body corporate.
The existing 100mm diameter AC watermain within Nannygai Street must be replaced for the full frontage of the development site with DICL pipes. The replacement works must be completed prior to placing construction materials/site offices over or adjacent to the water main alignment.
Easements of between 3 and 10 metres must be provided over all Unitywater sewers located within property boundaries in accordance with the SEQ standards. Easements shall be centred over the pipe. Easement terms shall be the most current registered dealing held by the Department of Natural Resources & Mines and shall not be altered or amended.
Water meters must be located on alternative boundaries to electrical pillars.
Buildings and other structures must maintain a minimum clearance of 1.5 meters from Unitywater sewer mains, and 1.0 meter from a sewer manhole chamber or sewer inspection opening.
Storm water retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 meters from Unitywater water supply and sewerage infrastructure.
The applicant must adjust the level of the existing sewerage inspection opening as necessary to suit the proposed finished levels.  Work must be undertaken by Unitywater at the owner’s cost. Where the existing sewerage inspection opening point is located within a sealed or concreted parking area, a brass cap is required to be fitted.
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature, and suitable approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
ENGINEERING
External Works
Nannygai Street must be upgraded for the length of its frontage to the subject site.  The works must include in particular:
Construction of a pedestrian footpath in accordance with the conditions of this Decision Notice; and
Removal of the existing property accesses, stormwater outlet points and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Nannygai Street to all parking and manoeuvring areas of the development. The works must include in particular a driveway crossover in accordance with IPWEAQ standard drawing SEQ R-051with a maximum width of 6 metres at the property boundary.
Car Parking
A minimum of 9 car parking spaces must be provided and marked on the site.  The works must include crossfalls, gradients and dimensions in accordance with Australian Standard AS2890: Parking Facilities
All vehicles must enter and exit the site in a forward gear.
Footpath
A pedestrian and bicycle footpath must be provided for the development.  The works must include in particular a 2.0 metre wide footpath within the road verge for the entire length of the site’s frontage to Nannygai Street. This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.
All stormwater runoff from the site must be discharged in to Council’s kerb and channel drainage system in Nannygai Street.
Approved kerb adapters must be constructed at each outlet point.
Electricity and Telecommunication Services
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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
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.
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.
Development Permit for Operational Works (Vehicle Crossover, Landscaping, Drainage Works and Carparking)
Operational Works
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
1193-SK01		Driveway Layout, prepared by Contour	1 July 2014
1193-SK03		Stormwater Management Plan, prepared by Contour	7 July 2014
4416SM	PB	Stormwater Plan, prepared by I Want That Design	17 July 2014
1193-SK04	A	Live Sewer Works Table	2 Sept 2014
CD-001	A	Cover Sheet Notes and Schedules, prepared by DFS Group	3 July 2014
CD-002	A	External Works and Planting Plan, prepared by DFS Group	3 July 2014
CD-003	A	Landscape Details, prepared by DFS Group	3 July 2014
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Prior to Commencement of Works
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart.  The contact number to arrange a pre-start meeting is 5329 6244. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Erosion and sediment control works
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
During Construction
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development. A condition report including photographs of the frontage of the site should be completed and submitted to Council at the prestart meeting or prior to any works commencing (where no prestart meeting is to occur).
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Works Within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Pathways
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
All paths must have a slip resistant surface
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists
The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety
be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility
Site Access and Driveways
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties or cause ponding of water within the road reserve
Earthworks
The finished surface level of the site must be graded and shaped to ensure that all surface runoff is directed to Nannygai Street and not directed on to any adjoining property.
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development. Certification shall be provided by an RPEQ and submitted to Council the issue of the Certificate of Classification for the building.
Service Conduits under Existing Road Features
Electrical conduits or other services proposed to be installed under existing sealed carriageways, concrete pathways or concrete/sealed driveways must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to advisory notes).
Prior to the issue of the Certificate of Classification, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term (refer to advisory notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Any exposed areas must be effectively stabilised without delay and prior to rainfall occurring.
Supervision/Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit
As Constructed details in accordance with Council’s Planning Scheme Policy
Maintenance and operational manuals for all proprietary devices
As Constructed Plans
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgement of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures.
The data must be in accordance with Council’s (Noosa Plan) – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and Planning Scheme Policy 6 Engineering Design Standards – Water and Sewerage and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.
The data must be submitted in hardcopy form and digital format (Asset Design and As Constructed (ADAC)) in GDA94 Zone 56 coordinate values. Guidelines on the use of ADAC are available at www.adac.com.au
Landscaping
The site must be landscaped in accordance with The Noosa Plan’s Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines.
During Construction
Landscape General - The following requirements apply to all landscape works:
All imported topsoil or ameliorated site soil complies with Australian Standard AS4419 and/or is appropriate for the proposed plant species.
All tree stock must conform to NATSPEC criteria as outlined in Specifying Trees: a guide to assessment of tree quality.
Mulch is to be aged, comprised of leaf and limb of varying sizes, free of foreign matter including, anthropogenic waste, rock, soil / sediment contamination and applied to ensure 100mm in depth.
All necessary measures must be taken to prevent fire ants (or any stages of the fire ants life cycle) entering the work site. If fire ants are suspected, the applicant must contact the Department of Primary Industries & Fisheries Call Centre on 132523.
Landscaping must not obstruct overland flow paths and must include adequate drainage to minimise ponding. Mulch or any floatable material must not be located in swales or overland flow paths.
Landscaping must not encroach onto kerb and channel, footpaths, pedestrian or vehicular / circulation areas.
Landscaping must not restrict access to service meters.
Landscaping of Road Reserves - The following requirements apply to landscaping within road reserves:
Permanent ornamental lighting must not be installed within road reserve.
Permanent irrigation must not be installed on road reserve.
Vegetation must not be subjected to any hedging maintenance regime and must be allowed to grow to its natural form.
Turf (verge): The applicant must ensure turf is in accordance with the following:
Turf species to be sustainable for local and design conditions without requiring irrigation.
Turf is easily accessible and navigable by ride-on mowers with cutting decks of 2.1 metres wide.
Be free of rocks and debris.
Turf is rolled and joined smoothly and level with adjoining surfaces.
Turf is pest, weed and disease free.
Following Construction
Ongoing maintenance: The site must be maintained to aesthetically compliment the surrounding local area for the life of the development. The maintenance must include:
Regular mowing, weeding and fertilising of turf verge.
Replenishing of mulch to 100mm depth, fertilising and aeration of landscape areas.
Cleaning of all external surfaces including prompt removal of graffiti.
Replacement of dead or poorly performing plants.
Inspection and assessment of all vegetation such that it does not adversely affect adjoining property or pedestrians.
Remedial action if any vegetation poses a health or safety risk to site users or adjoining property.
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.
UNITYWATER
During Construction
Water meters must be installed to each lot of the development in accordance with Unitywater requirements and SEQ Standard Drawings.
Electrical pillars must be located on alternative boundaries to water meters.
A minimum horizontal clearance of 1.0 metre must be maintained between stormwater pipes greater than 225mm diameter and Unitywater water supply or sewerage infrastructure.
Stormwater filtration/retention systems and gross pollutant traps must maintain a minimum of 1.5 metres horizontal clearance from a sewerage main or sewer house connection point.
A minimum of 0.5 metres separation must be maintained between the outermost edge of   sewer access chambers or sewerage mains and the property boundary.
Easements of between 3 and 10 metres must be provided over all Unitywater sewers located within property boundaries in accordance with the SEQ standards. Easements shall be centred over the pipe. Easement terms shall be the most current registered dealing held by the Department of Natural Resources & Mines and shall not be altered or amended.
Proposed tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable approved varieties.
During the maintenance period the applicant must carry out necessary repairs to:  defects and/or damage of road works; drainage and associated work; water supply and sewerage reticulation and associated equipment. These repairs include damage and/or alterations caused by third parties carrying out works within the development.
Construction works undertaken in the vicinity of Unitywater’s existing water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure.  All costs associated with repair, replacement or alteration to existing infrastructure must be met by the applicant.
Prior to issue of certificate of compliance
As Constructed drawings shall be lodged in both hardcopy and ADAC digital format in GDA94 Zone 56 coordinate values. As constructed drawings will be required prior to works being accepted On Maintenance.  The GDA co-ordinates and AHD levels of all permanent survey marks installed shall be provided. The surveyed location, meter numbers and readings of water meters installed by the developer must be included in the as - constructed information.
A water meter record sheet must be completed and submitted to Unitywater prior to works being accepted on-maintenance.
Upon completion of the works a certificate must be issued by a RPEQ certifying that the works have been constructed in accordance with Unitywater standards, and in compliance with the approved plans and specifications.  The works must be supervised by the Engineer in a planned and timely manner to ensure the integrity of the certification is upheld.

Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The proposal provides for a high level of residential amenity, consistent with the surrounding development in the area and The Noosa Plan requirements for the Semi Attached Housing zone;
The development is located within convenient access to the major road network and surrounding shops; and
The proposed built form is equivalent to 2 duplex developments, which is consistent with the permitted development on the site.

REPORT
PROPOSAL
The application seeks approval to develop 4 x 3 bedroom dwelling units at 28 Nannygai Street, Noosaville. The 1,619m2 site is located within the Semi Attached Housing zone of the Noosaville Locality. The application is before Council, as the use is identified by The Noosa Plan as being inconsistent within the zone.
The proposed development consists of the following elements:
2 separate buildings, connected by a common driveway through the middle of the site;
2 x 3 bedroom dwelling units within each of the buildings (total 4 units);
Suspended (post and joist) lower floors achieving required minimum 2.5m AHD flood immunity; and
Two-storeys and 8m in height.

A copy of the locality and proposal plans is included as Attachments 1 & 2.
site details
Background
Application No.	Decision and Date
TPC16 (1970)	Approval to extend existing shed & new shed for cabinet making – use ceased
TPC216 (1972)	Approval for an office to serve two buildings – use ceased
NCU19 (1987)	Service industry (linen and other household equipment hire) – use ceased
08/0614	Reconfiguring a Lot (2 lots) – Did not proceed and lapsed on the 26 November 2012
Site Description
The 1,619m2 site is square in shape with 40m of road frontage and side boundaries. The site is flat and does not have any significant vegetation.
Surrounding Land Uses
The development is surrounded by the following developments:
Adjoining the site to the west is the Yallambee Holiday Lodge (219 Weyba Road), which includes 13 accommodation units constructed in 1983. Two doors to the west of the site is Kyeema Court (22 Nannygai St), which includes 7 multiple dwelling units.
Adjoining the site to the east is 32 Nannygai St, which includes 3 multiple dwelling units. On the corner of Nannygai and Lake Weyba Drive is the Noosa Baptist Church.
Adjoining the site to the north is a vacant lot at 219 Weyba Road and 5 units at 215 Weyba Road.
Across the road to the south are 2 recently constructed duplex developments and a 4 unit development at 33 Nannygai Street, while a number of other duplexes in the street are currently being constructed. The Laguna retirement village is also located on this side of the street.
assessment
State and Other Statutory Instruments
The application has been assessed against the State Planning Policy, the South East Queensland Regional Plan, and the State Planning Regulatory Provisions and is considered to meet these higher order statutory instruments.
The Noosa Plan
The subject site is located in the Noosaville Locality and is zoned Semi Attached Housing. The proposed use is identified as an inconsistent use within the zone and is required to follow an impact assessable application process.
Locality Provisions
The Overall Outcomes of the Noosaville Locality Code for the Semi-Attached Housing zone seek that residents are accommodated in semi-attached housing forms that-
i.	Offer a high level of residential amenity, design quality and safety; and
ii	Are located within convenient access to the major road network, goods and services and employment centres.
The proposed development is a relatively large site (1,619m2) within the Semi Attached Housing zone, and is surrounded by existing multiple dwelling units. The proposed built form is the same as 2 duplex dwellings, with only one driveway proposed to the Nannygai Street frontage, which is an efficient form of development allowing for additional street trees and offers a high level of residential amenity.
The site is only one block away from the Major Road Network (Weyba Road) and 150m to the Business Centre zone (Aldi and Lake Weyba Drive restaurants) and is considered to meet the Overall Outcomes of the Code.
Notably, The Noosa Plan allows for subdivision of the site and the construction of 2 separate duplex developments on each lot, which would result in the same built form. The applicant has chosen to proceed with this application for Multiple Dwelling Units as 2 duplex applications cannot be lodged until the site has been subdivided (resulting in a longer approval process).
Land Use & Works Provisions
The application has been assessed against The Noosa Plan codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Code	Discussion
Noosaville Locality Code	The table below details the proposal’s compliance with the key technical provisions of the code (including carparking parameters): Setbacks The Noosa Plan seeks side setbacks for Multiple Dwelling Units are half the height in metres at that same point. The upper floor roof of unit 3 is 7m in height and only setback 3m (required 3.5m). This part of the building is 7m in length and is stepped in 1m from the ground floor roof line. The wall along this plane is weatherboard and does not include any windows for overlooking into the neighbouring 3 unit development at 32 Nannygai Street. The ground floor roof of the units includes a pitched roof with a height of 4.6m which is only setback 1.95m (required 2.3m). The floor to ceiling height complies with the setback requirement; however the roof pitch means that a small portion of the gables do not meet the probable solution. This design element allows for a pitched roof design that respects the existing residential amenity. It is further noted, that a duplex on the same site would only require a 1.5m setback to this ground floor and 2m to the first floor roof, which the development complies with. The overall design varies the building setbacks for all units and allows for landscaping between the buildings and the boundaries, preserving the visual and amenity of adjoining and nearby properties. The proposal meets the corresponding Specific Outcome O9 relating to setbacks. Criteria	Planning Scheme	Proposal	Complies Population density	16.19 persons max	13.2 persons	 Plot ratio	728.55 m²	627.73m²	 Site cover	40%	39.87%	 Boundary setbacks Frontage Side – east- ground Side – east - upper Side – west –ground Side –west -upper Rear	6 metres min 2.3 metres min 3.5 metres min 2.3 metres min 3.9 metres min 6 metres min	6.06 metres 1.95 metres 3 metres 1.95 metres 4.8 metres 6.0 metres	x x x Building height in storeys in metres	2 storeys max 8 metres max	2 storeys 7.8 metres	 Carparking	9	9	
Residential Uses Code	The proposal is compliant with the Code. General conditions are recommended pertaining to waste management, fencing & gates, screening of mechanical plant and equipment associated with the development.
Landscaping Code	The code requires 528m2 of landscaping is provided for the multiple dwelling units. The proposed development meets the landscaping requirement, and provides for 60% of soft landscaping, which is compliant with table 14-54 of the landscaping code. The proposal also provides a standard 6m width with a minimum 3m width consisting of soft landscaping to the front boundary and 2m width to the rear boundary. Appropriate conditions are recommended pertaining to street trees, plantings and maintenance.
Engineering and Operational Works
The applicant’s consultant engineer has indicated that the intent is to regrade the surface level of the site and ensure all runoff is discharged to Nannygai Street and not adjoining properties. The proposal complies with The Noosa Plan requirements for Operational Works and relevant conditions have been included.
cONSULTATION
IDAS Referral Agencies
Nil
Other Referrals
The application was forwarded to Unitywater, Strategic Planning and Council’s Senior Development Engineer.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. Two properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.

Issues	Comments
Impacts of construction start times on neighbours – request start after 7:30 am.	The Environmental Protection Act regulates that construction activities do not commence outside of the hours 6:30am to 6:30pm Monday to Saturday and no construction on Sundays or public holidays. Special concessions are sometimes given for Hastings Street, however in this instance it is not considered appropriate to regulate the construction commencement time not in accordance with the state law.
The bedrooms of the upper floor units 1 and 3 will look directly into the property at 33 Nannygai Street.	33 Nannygai Street is located across the road from the development. The design sets the bedrooms back 6m from the Nannygai St frontage. As a result the building is setback more than 31m from the existing units across the road. This setback meets the Probable Solution of the code and is considered to be an adequate setback, so as not to result in overlooking issues.
A footpath should be constructed in the frontage.	A condition is included for a 2m wide footpath to be provided across the frontage of the site.
conclusion
The proposed development is for Multiple Dwelling Units (4 units) on a 1,619m2 site, within the Semi Attached Housing zone at 28 Nannygai Street, Noosaville. The development is identified as an inconsistent use within the zone.
Despite the inconsistency with the zone, the application has been assessed against the provisions of The Noosa Plan and does not raise any significant planning concerns. The site is surrounded by existing multiple dwelling units and is only one block away from the Major Road Network (Weyba Road) and 150m to the Business Centre zone (Aldi and Lake Weyba Drive restaurants).
While the proposed use raises a conflict with the Noosaville Locality Code, it is considered that the following grounds are sufficient to support the proposal:
The proposal provides for a high level of residential amenity, consistent with the surrounding development in the area and The Noosa Plan requirements for the Semi Attached Housing zone; and
The development is located within convenient access to the major road network and surrounding shops.
The proposed built form is equivalent to 2 duplex developments, which is consistent with the permitted development on the site.
The application is therefore recommended for approval, subject to conditions.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health	x	DA Planning
	Community Facilities	x	Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	16 SEPTEMBER 2014