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Noosaville Locality Code - Division 17
Attached to the e-mail Assessment against codes MCU16/0138 & OPW16/0257.
Noosaville Locality Code
Specific Outcomes and Probable Solutions for Division 17
SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS
11.9 EFFECTS OF USE
Amenity
O1 Uses are located, designed and operated to No solution provided Yes The proposed Duplex’s are designed to not
avoid significant adverse changes to the light, air impact upon the amenity of surrounding
quality, noise, accessibility or other conditions landholders in regards to light, air quality,
enjoyed by users of associated, adjoining or nearby noise and accessibility.
uses
Major Road Network
O2 Through traffic in Noosaville uses Gibson No solution provided N/A The proposal obtains direct access from
Road or Eenie Creek Road, ensuring the visual Gympie Terrace. Accordingly, the proposal
amenity of Gympie Terrace is protected with a does not result in through traffic traversing
consequent enhancement of visitor and recreation through Gympie Terrace.
opportunities and benefit to businesses along
Gympie Terrace.
Visual Amenity
O3 The visual amenity and character surrounding No solution provided Yes The proposed Duplex’s do not compromise
the major road network is protected and enhances the character and identity of Noosaville
the recognisable entrance to Noosaville through— through being appropriately situated so as
a) retaining and enhancing the visual and to not diminish the visual and physical
physical separation of Noosaville from other separation of Noosaville from other
localities; and localities.
b) ensuring development does not encroach upon
existing native vegetation along the road frontage Additionally, the proposal does not impact
other than for accessways.. upon any natural features as identified in
the Noosaville Biodiversity Overlay.
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS
Neighbourhood Identities
O4 The separate identities of the various residential No solution provided Yes It is noted that Multiple Housing – Type 2
neighbourhoods remain important and distinct Duplex are a consistent land use within the
elements of the residential character of Noosaville. Attached Housing Zone. Accordingly, the
proposed development is inline with the
desired character of the area and does not
compromise any residential character
elements within the Attached Housing
Zone, within Noosaville Localty.
Lake Entrance Boulevard
O5 There is no increase in the number of lots that No solution provided N/A The proposed development does not
gain access via Lake Entrance Boulevard. propose an increase to the number of lots
that gain access to Lake Entrance
Boulevard.
Airport
O6 Development and use of premises within 750m No solution provided N/A The proposed development is not located
of the airport do not cause an obstruction or other within 750 metres to the airport.
potential hazard to aircraft movement associated
with the airport by the way of— a) the physical
intrusion of buildings or other structures into aircraft
take-off and approach flight paths;
b) attracting birds or bats to the area, which could
cause or contribute to bird-strike hazard;
c) providing very bright lighting or lighting similar
to runway lighting, which can distract or confuse
aircraft pilots;
d) interfering with navigation or communication
facilities;
e) emissions that may affect pilot visibility or aircraft
operations; and
f) transient intrusions into the airport’s operational
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS airspace. See Figure 11.1 – Airport traffic area 11.10 BUILT FORM Density O7 The density of development within the site No solution provided Yes The proposal complies with the maximum area— density provisions of 100 persons per a) is compatible with surrounding development; and hectare, with the proposed Duplex at 113 b) does not exceed— Gympie Terrace providing a density of 84 i. for the Semi-Attached Housing Zone: persons per hectare and the proposed A. for sites between 500m2 and 599m2 inclusive— Duplex at 111 Gympie Terrace providing a 4.8 persons; density of 98 persons per hectare. B. for sites 600m2 or more — 6.6 persons or 100 persons per hectare whichever is the higher; ii. for the Attached Housing Zone a maximum population density of 100 persons per hectare with the exception of Lot 21 on RP815864 situated at 11-13 William Street which has an allowable population density of 320 persons per hectare exclusively for the purpose of a visitor hostel iii. For the Visitor Mixed Use Zone— 160 persons per hectare; and iv. for the Business Centre Zone a maximum population density of 100 persons per hectare with the exception of Lots 3 & 4 on RP122928 situated at 14-16 Mary Street which have an allowable population density of 320 persons per hectare exclusively for the purpose of a visitor hostel v. for the Shire Business Centre Zone 160 persons per hectare or 320 persons per hectare exclusively for the purpose of a visitor hostel vi. for the
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS Community Services Zone maximum population density of 320 persons per hectare exclusively for the purposes of Residential Aged Care and 160 persons per hectare for any other form of Retirement & Special Needs Housing; and c) has a low site impact to enhance the opportunity to maintain natural site characteristics, including native vegetation and natural landforms. Height O8 Buildings and other structures— S8.1 Buildings and other structures have a maximum building height of— Complies with The proposal exceeds the preferred a) are low rise and have a visual bulk and an a) if in the Attached Housing Zone – 8m, with the exception of those Performance maximum building height of 8 metres architectural scale consistent with structures on properties with frontage to the following streets: - Outcome identified in Probable Solution S8.1 of the adjoining or nearby land; Russell St, William St and Howard St, or Weyba Rd, James St and Albert code. b) do not exceed a building height of — St north of their intersections with Elizabeth St (as well as properties i. for the Attached Housing Zone 2 storeys unless fronting Gympie Terrace or Noosa Parade between Weyba Road and It is noted that the only reason the located on property with frontage to the following Russell Street) where they have a maximum building height of 12m; development exceeds the 8 metre height streets: - b) if in the Visitor Mixed Use Zone – 12m; limit is due to the site being identified as a Russell St, William St and Howard St, or Weyba Rd, c) if in the Business Centre or Industry Zones — 10m; Flood Hazard Area, which requires the site James St and Albert St north of their intersections d) if in the Shire Business Centre Zone – 8m, except in Precinct E1 or E2 to be filled in order for the development to with Elizabeth St (as well as properties fronting where 12m or in Precinct REC/MU where 6m; mitigate flood impacts. The provided Flood Gympie Terrace or Noosa Parade between Weyba e) in all other zones—8m. Search Certificate (Appendix VI) obtained Road and Russell Street), where they are not to from Council identifies a required Finished exceed a maximum building height of 3 storeys; Floor Level of 2.82m AHD. It is noted that ii. for the Visitor Mixed Use Zone– 3 storeys, the proposed development provides a although present only 1-2 storey façades to Gympie Finished Floor Level of 2.82m AHD Terrace; iii. for the Shire Business Centre Zone– 2 storeys, Despite the non-complies with Probable except in Precinct E1 and E2 where 3 storeys and Solution S8.1 of the code, the proposed Precinct REC/MU where 1 storey; and development complies with Specific iv. for all other zones— 2 storeys; Outcome O8, as the development does not c) do not visually dominate the street or exceed two (2) storeys, contains an
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS
surrounding spaces; articulated low rise built form, which does
d) preserve the amenity of surrounding land; not dominate the streetscape through the
e) ensure that development responds to the site use of a variety of building materials and
topography; and articulations. It is also noted that the
f) are well articulated with strong horizontal and development is consistent with
vertical design elements to provide an development to the east on both sides of
interesting streetscape and to complement Gympie Terrace, which consists of
landform changes and landscapes. accommodation buildings containing two
(2) storey development.
It is also noted that Council officers at the
pre-lodgement meeting indicated that ‘The
relaxation required for building height was
discussed and is likely to be supported,
given the minimum floor height
requirements for the site and floor to ceiling
heights proposed are not excessive’.
Accordingly, the proposed development
complies with Probable Solution O8 of the
code and is consistent with Council’s
expectations for development within the
area, with Council officers providing
support for proposal exceeding the
maximum building height requirements.
Setbacks
O9 Buildings and other structures are S9.1 Buildings and structures comply with the setbacks identified in Complies with The proposed development does not
appropriately designed and sited to— Schedule 1 - Minimum Boundary Setbacks. Performance comply with all setback requirements
a) provide amenity for users of the premises as Criteria specified within Schedule 1 of the planning
well as preserve the visual and acoustic scheme, with the proposed development at
amenity of adjoining and nearby properties; 111 Gympie Terrace seeking a variation to
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS
b) provide adequate distance from adjoining the rear boundary setback, and the
land uses; proposed development at 113 Gympie
c) allow space for required vehicle parking; Terrace seeking a variation to the second
d) preserve any existing vegetation that will storey side boundary setback and the rear
buffer the proposed building; setback.
e) allow for landscaping to b S9.1 Buildings and
structures comply with Despite this, it is noted that the
the setbacks identified in Schedule 1 - development provides sufficient distance
Minimum Boundary Setbacks.e provided between between current and future land uses on
buildings; adjoining lots.
f) maintain the visual continuity and pattern of
buildings and landscape elements within the This is due to the rear boundary of 111
street; Gympie Terrace adjoining land within the
g) avoid large areas of continuous wall planes Open Space Recreational Zone, which
by varying the building setbacks and using does not support further development
appropriate techniques to provide visual potential.
relief; and
h) help protect the natural character and visual It is also noted that the rear boundary of
amenity of the Noosa River system and other 113 Gympie Terrace adjoins a site, which
watercourses. contains a 6 metre wide easement for
sewerage purposes, thus, providing a total
setback of 10 metres between
developments. It is also noted that eastern
boundary of the lot adjoins a 10 metre wide
driveway on 109 Gympie Terrace. Thus
providing a setback in excess of 12 metres
for the full boundary of the site.
In addition to the above, the proposed
development does not compromise Specific
Outcome 09, as the development:
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS
Preserves the visual and acoustic
amenity of nearby properties;
Provides adequate separation distance
between adjoining land uses;
Allow sufficient space for vehicle parking;
Allows sufficient space for landscaping;
and,
Provides an appropriate designed
development, which reflects the
character of the area and does not result
in continuous blank walls.
Site cover, gross floor area and plot ratio
O10 The site cover, gross floor area and plot ratio No solution provided Yes The proposed Duplex at 111 Gympie
of buildings and other roofed structures— Terrace contain a site cover of 38.5%, and
a) results in a building scale that is compatible the proposed Duplex at 113 Gympie
with surrounding development; Terrace contains a site cove of 37.2%.
b) does not present an appearance of bulk to
adjacent properties, roads or other areas in
the vicinity of the site;
c) maximises the retention of existing vegetation
and allows for soft landscaping between
buildings;
d) allows for adequate area at ground level for
outdoor recreation, entertainment, clothes
drying and other site facilities; and
e) facilitates onsite stormwater management and
vehicular access.
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS O11 Site cover— a) for a class 1 or class 10a structure within the Detached Housing Zone, does not exceed— i for a single storey building - 50%; or ii for a building of 2 or more storeys - 50% on the ground floor and 30% for the upper storey(s), or 40% for all storeys for a building of 2 or more storeys; b) for other classes with the Detached Housing Zone, does not exceed—40%; c) for the Semi-Attached Housing Zone does not exceed 40%; d) for the Attached Housing Zone does not exceed 40%; e) for the Visitor Mixed Use Zone does not exceed 40%; or f) for the Shire Business Centre Zone in Precincts E1, E2, E6 and E7 does not exceed 50%. O12 For the Semi-Attached Housing Zone buildings do not exceed a plot ratio of 0.45:1 O13 For the Attached Housing Zone the maximum gross floor area is equivalent to the maximum allowable population in persons multiplied by 40m2 . O14 For the Visitor Mixed Use Zone, the maximum gross floor area equals the allowable population in persons multiplied by 40m2 , provided that the gross floor area does not exceed 13,600m2 .
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS O15 For the Business Centre Zone, outside of the Mary Street/Thomas Street Precinct the maximum plot ratio is — a) 0.8:1 for site areas up to and including 2,000m2 ; plus b) 0.3:1 for the balance portion of the site area in excess of 2000m2 . O16 Within the Shire Business Centre Zone, the maximum plot ratio for development within the following precincts is — a) Precincts B1 and B2 combined- 0.5:1; b) Precinct B3- 0.8; c) Precinct E1- 0.6; d) Precinct E2- 0.6; e) Precinct E3- 0.6; f) Precinct E4- 0.6; g) Precinct E5- 0.6 h) Precinct E6- 0.6; i) Precinct E7- 0.6; j) Precinct RES- 0.6; and k) Precinct REC/MU- 0.1. Flooding and drainage O17 Buildings and other works are designed and S17.1 For new buildings or structures or additions of more than 50m2 Yes The proposed development has been sited to— gross floor area to an existing building or structure, floor levels for designed in accordance with a relevant a) provide flood free access to premises and habitable rooms are not less than the specified minimum floor levels; Flood Information Certificate. flood free habitable areas; AND b) allow only minor, short term and infrequent S17.2 Where Council infrastructure is available— Yes The development will be connected to flooding of non-habitable areas; a) any drainage (including buildings and yards) flows to that Council’s stormwater network. c) ensure carparking areas can be adequately infrastructure; and
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS
drained; b) the infrastructure has the capacity to accept any additional loading;
d) ensure drainage does not adversely impact AND
upon other premises; and S17.3 For Residential Uses— Inconsistency Both proposed Duplex developments result
e) ensure filling or excavation does not a) where slab on ground construction is used, filling does not extend Between Codes in the filling of the entire sites. This is not
adversely impact upon other premises by— more than 1m beyond the building footprint and access to car parking compliant with Probable Solution S17.3 of
i. causing ponding on the site or nearby areas, measured from the outer walls of the building ; or the code.
land; b) the design consists of a suspended floor construction;
ii. increasing flooding, which adversely AND Despite the non-compliance with the code,
affects the safety or use of any land it is noted that Probable Solution S18.1 of
upstream and downstream; and the Natural Hazards Overlay Code
iii. adversely affecting the flow of water in specifies that the entire lot must be located
any overland flow path. above Q100 ARI.
Section 2.4 of the planning scheme
specifies that that an Overlay Code prevails
to the extent of the inconsistency.
Accordingly, the Probable Solution
prescribed in this code, is overridden by
requirements of the overlay code.
S17.4 Car parking and maneuvering areas are constructed at a level that Yes All elements of the development have been
permits the parking area to drain from the site by gravity means, without designed in accordance with a relevant
the need for mechanical pumping; Flood Information Certificate and drain to
AND Gympie Terrace.
S17.5 Basements for residential uses have flood immunity above the N/A Neither Duplex development proposes a
Q100 where alternative means to mechanical pumping are used to basement.
achieve such immunity; or
S17.6 Basements for non-residential uses have flood immunity above the N/A Neither Duplex development proposes a
Q100 that may be achieved by means of mechanical pumping where the basement.
mechanical feature is installed with adequate holding tanks and an
alternative back up power source.
Sloping sites
O18 Development on sloping sites— S18.1 Buildings and associated accessways are not constructed on land N/A The sites do not contain significant slopes.
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS a) is responsive to the natural topography of the with a slope greater than 1 in 4 (25%); site and minimises cut and fill; AND b) does not visually dominate the hill slope or S18.2 Buildings are of split level design that step down the slope or have N/A interrupt the skyline; a suspended floor construction; c) is integrated with the natural site AND characteristics including vegetation; and S18.3 Cut or fill is less than 2m in depth; N/A d) for Multiple housing, takes the form of small AND separate buildings; S18.4 The distance between the ground and the lowest part of the floor N/A AND of the building does not exceed 3m to avoid large under building areas; O19 On sites which are visible from the major road AND network, areas of public open space, the Noosa S18.5 Buildings present no more than 3 storeys at any one point. N/A River or the beaches new buildings and structures including outbuildings, are designed so as not to S19.1 No solution provided N/A dominate or detract from the scenic and environmental qualities of the site and its setting. Roof Form O20 Rooflines— S20.1 With the exception of buildings within the Industry Zone, the main Yes The main roof of both Duplex buildings a) contribute positively to the local skyline; roof of the building has a roof pitch no less than 5 degrees and has contains a roof pitch in excess of 5%. b) complement the character of the locality; minimum 600mm eaves to at least 75% of the perimeter of the building; Additionally, the both Duplex buildings c) are articulated, pitched or skillion; AND contain 600mm eaves for the majority of d) avoid low pitched (eg. less than 5 degrees) or S20.2 Buildings and structures do not include roof top terraces. both built form (exceeding 75%). box roof profiles/parapets; and e) do not create opportunities for residents to overlook the private open space areas of neighbouring properties. 11.11 ENVIRONMENT, CONSERVATION AND RECREATION Environment and cultural heritage values O22 There are no significant adverse effects on No solution provided Yes The proposal does not impact upon any biodiversity, native vegetation, native fauna habitat, biodiversity, native vegetation, native fauna landscaped quality, water quality or cultural heritage ADVISORY NOTE: habitat, landscaped quality, water quality or values, including those related to— cultural heritage values.
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS a) changes to natural drainage; PSP24 – Effluent Disposal details requirements for the design and b) management of fire risk; siting of effluent disposal systems where located outside a c) erosion and the transport of sediments off sewerage service area. Compliance with PSP24 will be considered site; as part of Council’s assessment of the plumbing and drainage d) unmanaged public access; application. e) effluent disposal72; f) changes to fauna habitat and behaviour; and g) disturbance of buildings and features, including natural features of cultural heritage significance Open Space Network O23 An integrated open space network is S23.1 Open space corridors and existing native vegetation in areas N/A The proposal does not impact upon any established throughout the locality and— indicated in Schedule 5 – Map 4 are protected from open space corridors and existing native a) allows for both passive and active recreational fragmentation and encroachment by development. vegetation in areas indicated in Schedule 5. pursuits; S24.1 No solution provided b) provides safe and convenient connectivity for pedestrians and cyclists to neighbourhood centres, community services and other key destinations such as public open space, the Noosa River and Wallace Estate; c) provides habitat connectivity for wildlife; d) protects watercourses and drainage lines in the lowlands; and e) forms a scenic backdrop for the locality’s residential neighbourhoods. AND O24 Physical and visual links between public open space areas and watercourses are retained. Pedestrian and bicycle pathways O25 Safe and convenient pedestrian and bicycle S25.1 Pedestrian and bicycle pathways are provided and retained where N/A Both sites contain a footpath for the full pathways are provided and retained between and indicated in the Priority Infrastructure Plan in Part 15; frontage of Gympie Terrace.
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SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMPLIANCE COMMENTS around key destinations including— AND a) an east-west link between the Tewantin & S25.2 Contributions toward pedestrian and bicycle pathways are N/A Both sites contain a footpath for the full Doonan Locality and the Noosa Heads Locality provided in accordance with the Priority Infrastructure Plan in Part 15. frontage of Gympie Terrace. Accordingly, along the Noosa River foreshore; no contributions are required toward b) a north-south link between the Shire Business pedestrian and bicycle pathways. Centre and Wallace Park to the Noosa River foreshore c) recreation areas off Shorehaven Drive and Seacove Court; d) scouting facilities at Gympie Terrace and Gibson Road; e) the Australian Rules field at Weyba Road; and f) camping and caravanning facilities at Munna Point. Foreshore character O26 The natural landscape character and No solution provided N/A The subject sites area not located within a vegetation along the foreshore areas of the Noosa foreshore area. River, Lakes Doonella and Weyba and Eenie Creek, Noosa National Park, Keyser Island and Weyba Creek Conservation Parks is protected. Watercourses O27 The environmental, economic, amenity and No solution provided N/A The subject sites area not located adjacent transportation values of the Noosa River system are to a watercourse. protected.