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Final Order 25.10.2021
PLAIN WVIRONMENT COURT] QUEENSLAND | Ww . Ws 25 OCT 2071 | L FILED ___BRISWtPlanning and Environment Court No. 1074 of 2021 Held at: Brisbane Between: LUCY COTTEE AND CHRISTOPHER FERRARO Appellant And: NOOSA SHIRE COUNCIL Respondent JUDGMENT Before His Honour Judge Williamson QC Date of Hearing: 25 October 2021 Date of Order: 25 October 2021 THIS MATTER HAVING on this day come on for hearing by way of an appeal against the decision of the Respondent to refuse a development application for a development permit for material change of use for Multiple Housing - Type 2 Duplex with respect to land situated at 11 Margit Crescent, Sunrise Beach and described as Lot 135 on RP132135 UPON HEARING the solicitor for the Appellant and the solicitor for the Respondent UPON READING the Notice of Appeal filed 6 May 2021, the affidavits of Philip Stojanovic filed 19 May 2021 and 24 May 2021 and the affidavit of Alan John Irvin filed 18 October 2021 UPON THE COURT BEING SATISFIED THAT the changes to the development application as shown in the affidavit of Alan John Irvin constitute a "minor change" as that term is defined in the Planning @ Act 2016 IT 1S ORDERED THAT: 1. The appeal be allowed in part. lopment application is approved subject to the development approval package my attache to and marked “Annexure A" and paginated 1 to 29. Thynne + Macartney Respondent Level 32, 123 Eagle Street BRISBANE QLD 4001 Phone: 07 3231 8888 Fax: 07 3229 0855 Email: [email protected] Ref: TXQ:210962 2 Se x ond PEC-7, BRISBANG 5661914_1
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3. Each party is to bear its own costs.
Filed on 25/10/2021
Filed by: Thynne + Macartney
Service Address: Level 32, 123 Eagle Street, Brisbane 4000
Telephone: 07 3231 8888
Facsimile: 07 3229 0855
Email: [email protected]
……………………………………
Registrar
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Annexure A
1. APPLICATION DETAILS
Application No: MCU20/0037
Street address: 11 Margit Cres, Sunshine Beach
Real property description: Lot 135 RP 132135
Planning Scheme: The Noosa Plan (8 June 2018)
2. DECISION DETAILS
The following type of approval was issued:
• Development Permit for Material Change of Use – Multiple Housing Type 2 Duplex
Units
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. CONDITIONS OF APPROVAL
PLANNING
When Conditions must be Complied With
1. 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
2. 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
H Development Application/Development 03.09.2021
summary, prepared by OH Architecture
DA 001 H Proposed Plan, prepared by OH Architecture 3 September
2021
DA 101 H Proposed Basement Plan, prepared by OH 3 September
Architecture 2021
DA 102 H Proposed Lower Floor Plan, prepared by OH 3 September
Architecture 2021
DA 103 H Proposed Upper Floor Plan, prepared by OH 3 September
Architecture 2021
DA 104 H Proposed Roof Plan, prepared by OH 3 September
Architecture 2021
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DA 151 H Proposed Elevations, prepared by OH 3 September
Architecture 2021
DA 152 H Proposed Elevations, prepared by OH 3 September
Architecture 2021
DA 153 H Proposed Elevations, prepared by OH 3 September
Architecture 2021
DA 154 H Proposed Elevations, prepared by OH 3 September
Architecture 2021
DA 161 H Proposed Sections, prepared by OH 3 September
Architecture 2021
DA 162 H Proposed Sections, prepared by OH 3 September
Architecture 2021
DA 163 H Proposed Sections, prepared by OH 3 September
Architecture 2021
DA 301 H Pergola materials, prepared by OH 3 September
Architecture 2021
Currency Period
3. This development approval lapses if the use has not happened by 21 October 2027,
unless an application to extend the currency period is approved by Council.
Built Form and Development Appearance
4. The maximum height of the development must not exceed 8 metres above the natural
ground level and the finished surface level and 2 storeys.
5. 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.
6. All fencing and retaining walls within the northern and southern setbacks must be
located and constructed in accordance with approved drawings DA 153 and DA 154,
prepared by OH Architecture and dated 3 September 2021.
7. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages nor adjoining properties.
8. All deck and balcony areas must not be enclosed by permanent fixtures such as
shutters, louvres, glass panelling or the like, except where required to satisfy any privacy
condition of this Decision Notice.
Performance Bond
9. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to 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.
Protection of Privacy
10. To ensure privacy is protected between adjoining properties to the west, south and
north, the development must:
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a. provide screening devices to balconies; and/or
b. have a minimum window sill height or 1.7 metres above floor level; and/or
c. be fitted with translucent glazing; and/or
d. be fitted with fixed external screens.
Street Identification
11. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate,
the building name.
Water & Sewer Connections
12. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
13. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the development site.
Fencing and Walls
14. Street fencing must be provided generally as shown on the approved plans.
15. The area of land between the street fence and the front property boundary must be
densely landscaped to screen any fencing from the street. A mix of understorey and
taller species must be included.
Clothes Drying Areas
16. Each dwelling unit must be provided with access to an outdoor clothes line which is
screened from public view.
Community Management Statement
17. 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.
Landscaping
18. The site must be landscape in accordance with Planning Scheme Policy PSP2 –
Landscaping. The works must be undertaken in accordance with an operational works
approval and the approved plans and must include in particular:
a. Dense screening vegetation within the gardens located to the perimeter of the site
along the north, south and western boundaries and;
i. must be a minimum of 1m wide unless otherwise shown on the approved
plans;
ii. Trees that grow to a minimum height of 8m planted at 1.5m centres. The
trees must have a minimum pot size of 45 litres; and
iii. 1 x 100 litre pot size feature tree planted to each side of the driveway within
the site and near the front boundary.
b. Retention of the existing street tree located near the south east corner of the site
as shown on the approved plans.
c. Provide an arborist report with construction methods to retaining the street tree in
good health during constructed.
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d. Provide 1 x 45 litre pot size street tree located to the northern side of the driveway
crossover.
e. Provide a planting and plant schedule including species and pot size.
19. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
Noise
20. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning and Refrigeration
• 7am to 10pm: Maximum level allowable = background + 5dB(A)
• 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps
• 7am to 7pm: Maximum level allowable = background + 5dB(A)
• 7pm to 10pm: Maximum level allowable = background + 3dB(A)
• 10pm to 7am: No audible noise.
21. The certification must be submitted to Council, which certifies that operational noise from
any fixed plant and equipment complies and with the requirements of this Decision
Notice.
HYDROLOGY
Stormwater Drainage
22. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
a. a Site Based Stormwater Management Plan which addresses the following:
i. existing overland flows and proposed overland flows;
ii. maintenance of overland flows within the subject site; and
iii. the drainage system for all roofed areas, hardstand, grassed areas and pool
surrounds.
Erosion and Sediment Control
23. In conjunction with the application for Operational Works approval, provide an erosion
and sediment control plan, prepared in accordance with Best Practice Erosion and
Sediment Control (IECA, 2008) and which achieves the construction phase stormwater
design objectives of the State Planning Policy 2017.
WASTE DISPOSAL
24. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9 - Waste Management. The facilities must include an
impervious area, within the site, correctly sized for all refuse and recycling containers
and suitably screened from public places and neighbouring properties. A bin wash area
is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
trap. The drain outlet must be designed to prevent storm water entry to the sewerage
system.
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25. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
ENGINEERING
External Works
26. Margit Crescent must be upgraded for the length of its frontage to the subject site. The
works, which must be undertaken in accordance with an Operational Works approval,
are:
a. construction of a pedestrian footpath in accordance with the conditions of this
Decision Notice
b. removal of all existing property access (driveway/crossovers) 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.
Site Access and Driveways
27. A sealed access driveway must be provided from Margit Crescent to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance
with an Operational Works approval and must include in particular:
a. a driveway crossover in accordance with Council standard drawings RS-051 and
addendums
Car Parking
28. Car parking must be provided generally in accordance with the approved plans. The
works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities
29. Pedestrian facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. a 2 metre wide concrete footpath within the road verge for the entire length of the
site’s frontage to Margit Crescent.
This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development.
Easements
30. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
31. All easements must be designed in accordance with the planning scheme and granted
at no cost to the Grantee. Where the Grantee is Council or a service authority, the
easement documentation must be in accordance with the Grantee’s standard easement
terms. Draft easement documentation must be submitted to Council for endorsement.
32. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
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Earthworks and Retaining Walls
33. All fill and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written permission
from the respective landowner(s) is provided to Council.
Damage to Services and Assets
34. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval
5. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges
Resolution” made pursuant to the planning legislation and regulations current at the time
of issue.
Development Compliance Inspection
2. Prior to the commencement of the use, please contact Council's Development
Assessment Branch to arrange a Development Compliance Inspection.
Performance Bond
3. Where the works include Council assets (construction of new or modifications to
existing) a portion of the performance bond will be retained as a “maintenance bond” as
described in Council’s Planning Scheme Policy 6 Engineering Design Standards.
Alternatively the developer may submit a separate “maintenance bond” at the
completion of the works.
The bond amount will be:
a) 5% of the agreed value of the works or
b) $1500, whichever is the greater amount
6. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building works
Development Permit for Building Works Demolition
Development Permit for Operational Works Civil, Earthworks, Stormwater, Landscaping,
Driveway
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DEVELOPMENT APPLICATION DEVELOPMENT SUMMARY
EXISTING SITE AREA 635.46m²
EXISTING SITE COVERAGE 29%
PROPOSED DUPLEX (MULTIPLE HOUSING - TYPE 2) PROPOSED SITE COVERAGE 40%
LOT 135 ON RP132135 MAXIMUM BUILDING HEIGHT 7.950mm
11 MARGIT CRESCENT, SUNRISE BEACH PLOT RATIO 0.45:1
TOTAL LANDSCAPED AREA OF SITE (%) 30.89%
TOTAL SOFT LANDSCAPING (%) 79.75%
ARCHITECTURAL DRAWING PACKAGE
DRAWING REGISTER
DA 000 - EXISTING SITE PLAN
DA 001 - PROPOSED SITE PLAN
DA 101 - PROPOSED BASEMENT PLAN
DA 102 - PROPOSED LOWER PLAN
DA 103 - PROPOSED UPPER PLAN
DA 104 - PROPOSED ROOF PLAN
DA 151 - PROPOSED ELEVATIONS
DA 152 - PROPOSED ELEVATIONS
DA 153 - PROPOSED ELEVATIONS
DA 154 - PROPOSED ELEVATIONS
DA 161 - PROPOSED SECTIONS
DA 162 - PROPOSED SECTIONS
DA 163 - PROPOSED SECTIONS
DA 181 - PROPOSED BASEMENT GFA PLANS
DA 182 - PROPOSED LOWER GFA PLANS
DA 183 - PROPOSED UPPER GFA PLANS
DA 184 - PROPOSED SITE COVERAGE
DA 191 - PROPOSED STORY DIAGRAM
DA 211 - STREETSCAPE ELEVATION
DATE: 03.09.2021
REVISION: H
PROJECT NO: 20-003
8
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EXISTING BUILDING TO BE REMOVED
ACCEPTED DEVELOPMENT
0 1 2 6m
20-003 | DA 000
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11 MARGIT CRESCENT, SUNRISE BEACH| EXISTING SITE PLAN
Scale 1:200 @ A3
revision:
date: 9 H
03 September 2021
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PROPOSED GARAGE
FOOTPRINT UNDER
DWELLING UNIT 01 FOOTPRINT
DWELLING UNIT 02 FOOTPRINT
PROPOSED GARAGE
FOOTPRINT UNDER
0 1 2 6m
20-003 | DA 001
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11 MARGIT CRESCENT, SUNRISE BEACH| PROPOSED SITE PLAN
Scale 1:200 @ A3
revision:
date: 10 H
03 September 2021
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DOUBLE GARAGE
VISITOR PARKING
VISITOR PARKING
DOUBLE GARAGE
0 .5 1 3m
20-003 | DA 101
11
11 MARGIT CRESCENT, SUNRISE BEACH| PROPOSED BASEMENT PLAN revision: H
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TURF
ENTRY
POOL LIVING
DINING
OUTDOOR ROOM
KITCHEN
BUTLERS
LDY WC
LDY WC
BUTLERS
KITCHEN
OUTDOOR ROOM
DINING
POOL LIVING
ENTRY
TURF
0 .5 1 3m
20-003 | DA 102
12
11 MARGIT CRESCENT, SUNRISE BEACH| PROPOSED LOWER FLOOR PLAN revision: H
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MPR WIR
MASTER BED
DECK
HALLWAY
ENSUITE
BATH
BED 02
BED 02
BATH
ENSUITE
HALLWAY
DECK
MASTER BED
MPR WIR
0 .5 1 3m
20-003 | DA 103
13
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ROOF
ROOF
0 .5 1 3m
20-003 | DA 104
14
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FINISHES LEGEND
ELEVATION A - MARGIT CRECENT (EASTERN) ELEVATION
0 .5 1 3m
20-003 | DA 151
15
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FINISHES LEGEND
ELEVATION B - WESTERN ELEVATION
0 .5 1 3m
20-003 | DA 152
16
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FINISHES LEGEND
ELEVATION C - SOUTHERN ELEVATION
0 .5 1 3m
20-003 | DA 153
17
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FINISHES LEGEND
ELEVATION D - NORTHERN ELEVATION
0 .5 1 3m
20-003 | DA 154
18
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FINISHES LEGEND
OUTDOOR ROOM OUTDOOR ROOM
DOUBLE GARAGE DOUBLE GARAGE
SECTION 01
0 .5 1 3m
20-003 | DA 161
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FINISHES LEGEND
HALLWAY RUMPUS MASTER BED DECK
LIVING KITCHEN OUTDOOR ROOM GREEN ROOF
POOL
DOUBLE GARAGE
SECTION 02
0 .5 1 3m
20-003 | DA 162
20
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FINISHES LEGEND
DECK MASTER BED RUMPUS HALLWAY
KITCHEN LIVING
GREEN ROOF OUTDOOR ROOM
POOL
DOUBLE GARAGE
SECTION 03
0 .5 1 3m
20-003 | DA 163
21
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TOTAL AREA - BASEMENT FLOOR
Area Colour GFA
GARAGE (NOT GROSS FLOOR AREA) 92.03m²
0 .5 1 3m
20-003 | DA 181
22
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TOTAL AREA - LOWER FLOOR
Area Colour GFA
1. GROSS FLOOR AREA 147.35m²
0 .5 1 3m
20-003 | DA 182
23
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TOTAL AREA - UPPER FLOOR
Area Colour GFA
GROSS FLOOR AREA 141.56m²
0 .5 1 3m
20-003 | DA 183
24
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TOTAL SITE COVERAGE
Area Colour Area
Site Coverage 250.94m²
Total Site Area 635.46
Outermost Projection -
Total Site Coverage 40%
0 .5 1 3m
20-003 | DA 184
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FIRST STORY
GROUND
GROUND
0 .5 1 3m
20-003 | DA 191
26
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20-003 | DA 211
27
11 MARGIT CRESCENT, SUNRISE BEACH|STREETSCAPE ELEVATION revision: H
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EXEMPLAR IMAGES:
20-003 | DA 301
28
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ELEVATION D - NORTHERN ELEVATION
0 .5 1 3m
20-003 | DA 321
29
11 MARGIT CRESCENT, SUNRISE BEACH|PROPOSED FENCE COMPARISON revision: H
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