PBA15/0013 - Delegated Report

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	PBA15/0013
	
Author:	Glen Conforti
	
Project Director:	Glen Conforti
	

APPLICATION DETAILS
Applicant:	Building Surveying Professionals (Qld) Pty Ltd
Proposal:	Development Permit for Building Works Assessable Against the Planning Scheme for works within the 4.5m canal setback.
Properly Made Date:	10/09/2015
Information Request Date:	Not Applicable
Date of Site Visit:	September 2015
Decision Due Date:	12/10/2015

PROPERTY DETAILS
Property Address:	14 Topsails Pl NOOSAVILLE  QLD  4566
RP Description:	Lot 495 RP 880345
Land Area:	830m²
Existing Use of Land:	Dwelling

STATUTORY DETAILS
Planning Scheme:	The Noosa Plan (16 September 2013)
Locality:	Noosaville
Zone:	Detached Housing
Assessment Type:	Code Assessment

PROPOSAL:

The application seeks approval for a Development Permit for Building Works Assessable Against the Planning Scheme for works within the 4.5m canal setback. The encroachment of 0.9m consists of a deck and associated glass balustrading supported by a steel frame connected to the existing swimming pool. A small portion of the encroachment is an extension to an existing timber deck. The works have been completed. Figure 1 below is annotated to show the extent of the deck’s encroachment and Figure 2 shows the deck from the canal frontage.

Figure 1 – View of the deck and balustrading encroaching into setback.

Figure 2 - View of the deck from the revetment wall

SITE DETAILS:
Background / Site History
A complaint from a concerned resident triggered an Enforcement Notice to be issued by Council. The result is the owners were required to submit an application to Council for the constructed works which has been submitted accordingly.
Site Description
Site & Locality Description
Road Frontage	Topsails Place
Existing Significant Vegetation	Some vegetation along both side boundaries within the 4.5m canal setback
Topography:	A gentle grade from the existing swimming pool to the top of the revetment wall
Surrounding Land Uses:	A variety of dwelling designs fronting the canal

Figure 3 - Subject Site outlined in purple

STATUTORY ASSESSMENT:

Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
The statutory planning instruments relevant to this application are discussed in the sections that follow.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality (Noosa Waters) and is zoned Detached Housing.
Land Use
The works within the setback area are required to be assessed against the Special Provisions for Noosa Waters in the Building Works Code.
All works meet the self-assessable provisions of the Building Works Code except for Probable Solution S25.1. Table 1 below provides an assessment against the self-assessable provisions.
Probable Solution (Self-Assessable provisions)	Comments
S25.1 No building works, filling or excavation works are within 4.5m of the centre line of the top of the concrete revetment wall; AND S25.2 A minimum of 25% of the area within 4.5m of the revetment wall is planted with shrubs and trees with a mature height of 3m or less; AND S25.3 A maximum of 25% of the area within 4.5m of the revetment wall is under hard pavement, decking or similar, and the balance is to be grass, ground covers or scrubs provided no shrubs are planted within the first 1m of the revetment wall; AND S25.4 No tree species with a mature height of over 3m are planted within 4.5m of the revetment wall; AND S25.5 The ground surface within the first metre from the revetment wall is turf, groundcover or hard pavement. AND S25.6 Side boundary fences within 4.5m of the revetment wall taper down to a maximum height of 1.2m at the revetment wall and no more than 1.5m at a distance of 2.25m from the revetment wall.	X The constructed works represent building works. Therefore assessment against the Specific Outcomes is required and addressed in the report below. The proposal plans indicate a total of 32% of the setback is planted with shrubs and trees and the balance of the soft landscaping is grass. A total of 75% of the setback is soft landscaping, the balance being hard pavement including the existing footpath along a portion of the revetment wall. The works are equal to 25% being under hard pavement and decking. X A large palm tree exists in the setback area. The palm was planted prior to this requirement in The Noosa Plan. The proposal complies. The side boundary fences exist and comply with this provision.
Given the works do not meet the Probable Solution 25.1 they must be assessed against Specific Outcome O25 of the Building Works Code. Specific Outcome O25 reads as follows:
Specific Outcome O25 - The flood detention and amenity functions of areas adjacent to the revetment walls within Noosa Waters Estate are retained and enhanced by ensuring—
works do not protrude through a batter line of 1:4.5 measured from the centre line of the revetment wall;
there is no additional load placed on the revetment wall;
works do not pose a risk to the membrane adjoining the revetment wall;
The deck is cantilevered by brackets fixed to the existing swimming pool. The plans indicate that all works are above the 1:4.5 batter line flood storage area. Accordingly, the works do not have any effect on the flood storage volume of the setback.
There is no excavation or filling within the 4.5m setback and therefore no additional load or impact on the membrane adjoining the wall.
In terms of visual amenity from the canal, the deck is partially hidden by existing gardens and the portion seen is a narrow edge board along the length of the deck as seen in Figure 4 below. The glass balustrading is light weight and does not add to any bulk or create an adverse view from the canal.

Figure 4 - Showing the deck partially hidden from view.
The deck does not create any overlooking opportunities as the existing gardens provide good privacy screening, except for a small area between the end of the northern masonry wall and the timber fence where the garden requires some maintenance. A condition is included to ensure a shrub is planted in that area of garden to retain good privacy between neighbours. Figure 5 below shows the area which requires a new shrub.

Figure 5 - Are where a new shrub is required.

CONSULTATION:
The application was forwarded to the following internal Council specialists:
Engineering Officer
Building Officer
CONCLUSION:

The works will not adversely affect the flood detention function of the setback or the integrity of the revetment wall. The building works do not adversely effect amenity of the setback area being light weight and partially hidden by the existing gardens. The works are considered to meet the Special Provisions for Noosa Waters in the Building Works Code and are recommended for approval, subject to conditions.

RECOMMENDATION

Approve With Conditions Application No. PBA15/0013 for a Development Permit for Building Works Assessable against the Planning Scheme for a deck and stairs within the 4.5m canal setback situated at 14 Topsails Pl NOOSAVILLE QLD 4566 as identified in the attached details recommended for the Decision Notice.

Development Application Number PBA15/0013

1.	APPLICATION DETAILS

Application No:	PBA15/0013
Street Address:	14 Topsails Pl NOOSAVILLE  QLD  4566
Real Property Description:	Lot 495 RP 880345
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Building Works Assessable against the Planning Scheme for a deck and stairs within the 4.5m canal setback.

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

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
WD 1.02	P1	Site Plan, prepared by Tim Ditchfield Architects to be amended	23/12/2014
WD 2.01	P1	Ground Floor Plan, prepared by Tim Ditchfield Architects to be amended	23/12/2014
WD 3.01	P1	Elevations, prepared by Tim Ditchfield Architects	23/12/2014
WD 4.01	P1	Section A-A, prepared by Tim Ditchfield Architects	23/12/2014
WD 6.02	P1	New Deck, prepared by Tim Ditchfield Architects	23/12/2014
The drawings WD 1.02 Site Plan and WD 2.01 Ground Floor Plan, prepared by Tim Ditchfield Architect must be amended to reflect the as constructed works at the northern end of the deck (to include stairs and recess in the deck). The amended plans must be resubmitted to Council prior to the issue of any Development Permit for Building Works.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1, 500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. 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.
Canal Setback
The land area within 4.5 metres of the revetment wall must be developed in accordance with the following requirements:
any tree species planted must not have a mature height that exceeds 3 metres except for the existing palm tree
all land within 1 metre from the revetment wall must not be planted with shrubs
one native shrub must be planted in the garden adjacent to the timber stairs at the end of the northern masonry fence. The native shrub must  have a minimum pot size of 200mm and grow to a maximum height of 3m at maturity and sufficiently screen the neighbouring property.
any side boundary fencing within 4.5 metres of the revetment wall must taper down to a maximum height of 1.2 metres at the revetment wall, and must have a height not exceeding 1.5 metres at a distance of 2.25 metres from the revetment wall.

5.	REFERRAL AGENCIES

Not Applicable.

6.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plans to Council’s Planning Assessment Branch with the Reference No. PBA15/0013.
7.	PROPERTY NOTES

Not Applicable.

8.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

9.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All Building Works)

10.	SELF ASSESSABLE CODES

The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.

Building Works Code

11.	SUBMISSIONS

Not Applicable.

12.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

13.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval.  If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued.  Only one “negotiated decision notice” may be given.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

14.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

REPORT COVER SHEET
PLANNING ASSESSMENT BRANCH

Application no:	PBA15/0013
	
Author:	Glen Conforti -
	
Project Director:	Glen Conforti - Deveopment Planner
	

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes     /     No
Has a site inspection been undertaken?	Yes     /     No
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?	Yes     /     No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PROJECT MANAGER	PROJECT DIRECTOR

Signature:	Signature:
	
Position:  Development Planner	Position: Deveopment Planner
	
Date:	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on 12 December 2009:

Signature:	Date:
	
PROJECT DIRECTOR	

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DELEGATED AUTHORITY REPORT

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