Delegated Assessment Report DAFTREP MCU15/0087 12920501 151231 092518

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU15/0087
	
Author:	Jack Lewis – Development Planner
APPLICATION DETAILS
Applicant:	Building Surveying Professionals (Qld) Pty Ltd
Proposal:	Material Change of Use for a Detached House within the Biodiversity Overlay
Properly Made Date:	17/09/2015
Decision Due Date:	16/10/2015

PROPERTY DETAILS
Property Address:	1 Natasha Ave NOOSA HEADS  QLD  4567
RP Description:	Lot 1 RP 92804
Land Area:	1,320m2
Existing Use of Land:	Vacant

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Locality:	Noosa Heads
Zone	Detached Housing
Assessment Type:	Referral Agency Response - Planning

PROPOSAL
The application seeks approval for a Material Change of Use for a detached house within part of the Biodiversity Overlay at 1 Natasha Avenue, Noosa Heads. The existing house on the site has recently been demolished and the applicant has applied to construct a new detached house on the site.

The site has a split zoning, with 2/3 of the lot zoned Open Space Conservation (the areas adjacent to the Noosa River) and the other 1/3 of the lot on top of the hill adjacent to the road zoned as Detached Housing. The locality plan with zoning and biodiversity overlay is included below.

The proposed new house is located entirely within the Detached House zone and not within the the Open Space Conservation zone. The proposed site plan is included below and indicates the a triangular encroachment of the proposed house into the Biodiversity Overlay Area. At its widest point, the house extends into the overlay area by 5m along the Banksia Avenue frontage requiring the removal of some extisting 2-4m high wattles and non-native varities of frangipani.

The house has been designed so that the main two storey bulk of the building is located through the middle of the site and away from the Natasha Avenue frontage. The proposal does include the garage to be setback only 300mm from the Natasha Avenue frontage with access from Banksia Avenue. The proposed plans are included below.

site details
Site & Locality Description
Road Frontage	The property is the last house at the end of Banksia Avenue and has 53m of frontage to this street, with only 10m of this frontage sealed at the top of the hill. The site also includes 22m of frontage to Natasha Avenue, with the existing house located within 1m of the existing boundary.
Existing Significant Vegetation	The northern portion of the site sloping down towards the Noosa River is heavily vegetated. At the top of the site there is an existing mature 20m high tuckeroo along the eastern boundary.
Topography	The development area at the top of the site is relatively flat and clear of vegetation. The site then slopes steeply down to the Noosa River at the rear.
Surrounding Land Uses	The development pattern along the northern side of Natasha Avenue is predominantly large detached houses built near the road frontage, with the rear of the blocks steeply sloping down to the Noosa River. Across Natasha Avenue to the south is an existing 2 storey unit complex with balconies looking north towards the site. Across Banksia Avenue to the west is a large unit complex also built at the top of the hill.
assessment
The application is for a Detached House requiring assessment against The Noosa Plan. As per Schedule 4 of the Sustainable Planning Act the application requires assessment against the Detached House and Biodiversity Overlay Codes. The proposal does not meet all the Acceptable Solutions of the Detached House Code, relating to setbacks, and proposes to clear approximately 4 small native trees within the Biodiversity Overlay.

Detached House Code
The proposal complies with the Probable Solutions of the Detached House Code, except for the setbacks to the street frontages.

Natasha Avenue Setback
The Noosa Plan seeks for a 6m setback to all road frontages. The garage of the proposed house is setback only 305mm from the Natasha Avenue boundary extending to 3.6m setback to the ground floor along the eastern boundary.

The existing 2 storey detached house was constructed only 500mm away from the Natasha Avenue property boundary for its entire 16.5m length. The proposal is for only a one storey building along this frontage and includes an average 2m setback to this frontage, which is an increase to what was existing.

The other existing unit and house developments on the northern side of Natasha Avenue have all been developed with a setback of 2m or less to this frontage. The proposal maintains the visual continuity and pattern of buildings within the street and still allows for sufficient screening vegetation within the frontage to screen the bulk of the development, consistent with the Specific Outcomes of the Code. A condition is required for sufficient landscaping to be provide within the Natasha Avenue frontage to screen the bulk of the buildings.

Banksia Avenue Setback
The property is located at the end of Banksia Avenue and the existing building was setback only 2.4m from this frontage boundary. The proposed development is setback 3m for the majority of the building, apart from the lift well, which is 1.2m wide and setback only 1m from the frontage.

The proposal provides for a greater average setback to what was existing, and the lift well is setback 12m from the Natasha Avenue frontage, which results in the development not reducing the view shed to the north by the surrounding developments across the road looking towards the north. The design is an improvement from what was existing and is consistent with the setback of other developments in the street (6 Katharina St (across the road to the west) – setback 3m from the frontage). Conditions are required for appropriate landscaping within the frontage to assist in reducing the building bulk.

Biodiversity Overlay Code
The proposed development seeks to remove approximately 4 native wattle and tea trees (about 3-5m high) within the mapped Biodiversity Overlay Area. A vegetation survey and a site picture is included below.

The above picture looking up at the existing house, shows the frangipanis and cordylines at the top of the retaining walls, which are proposed to be removed.

The applicant has responded to the Information Request to retain the large (20m high) Tuckeroo located along the eastern property boundary, which straddles the mapped Biodiversity Overlay area. An arborist report and geotechnical report is included with the application which includes measures to retain and build with cantilevered structural beams and screw piles setback 6m from the top of the hill, so as to both retain the significant tuckeroo and also minimise the risk of landslide hazard.
Council’s ecologist indicates that the 4 small trees that are to be removed are of somewhat low ecological value and that conditions shall be applied for the replanting of the Open Space Conservation areas with suitable Koala Habitat trees within the Open Space Conservation zone in front of the building. This will offset their removal and increase the wildlife corridor in front of the site, consistent with the Outcomes of the Code. An Operational Works Approval for Landscaping Works is required in this regard.
cONSULTATION
The application was forwarded to the following internal Council specialists:
Ecologist
Development Engineer
conclusion
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU15/0087 for a Material Change of Use for a Detached House situated at 1 Natasha Ave NOOSA HEADS  QLD  4567 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU15/0087

APPLICATION DETAILS

Application No:	MCU15/0087
Street Address:	1 Natasha Ave NOOSA HEADS  QLD  4567
Real Property Description:	Lot 1 RP 92804
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Material Change of Use - Detached House

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Concurrence Agency Response 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 and referenced document below.
Plan/Document Name	Date
A100.1 Rev 3 – Proposed Site Plan, drawn by Kings Lane	12/08/2015
A101 Rev 3 – Proposed Ground Floor Plan, drawn by Kings Lane	31/08/2015
A102 Rev 3 – Proposed First Floor Plan, drawn by Kings Lane	20/08/2015
A104 Rev 3 – Proposed Roof Plan, drawn by Kings Lane	27/08/2015
A310 Rev 3 – Proposed Elevations, drawn by Kings Lane	31/08/2015
A311 Rev 3 – Proposed Elevations, drawn by Kings Lane	31/08/2015
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Earthworks
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to Natasha Avenue as shown on the Preliminary Stormwater Drainage Plan, drawn by Covey Associates.
Geotechnical Stability
All works must be carried out in accordance with the recommendations of the Slope Stability & Geotechnical Assessment, by Coffey Geotechnics listed within this Decision Notice.
Colours & Finishes
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Landscaping Works
The development site must be landscaped The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan for that specific area and must include in particular:
The retention of the Cupaniopsis anacardiodes (Tuckeroo) in accordance with the recommendations of the Arbicultural Assessment, by Tree Solutions listed within this decision notice.
A “no clearing zone” must be established and maintained over the area identified within the Open Space Conservation Zone. The following activities must not be carried out within the no clearing zone:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone
soil/spoil dumping and/or compacting;
soil excavation, other than for planting indigenous native plants.
Rehabilitation and replanting of the Open Space Conservation Zone shall be undertaken, including:
The existing shed shall be removed from the site and the area rehabilitated with suitable vegetation.
The control of all weeds species listed in the declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003.
Replanting with a minimum 20 suitable tubestock Koala Habitat Species.
Appropriate native screening landscaping to the Natasha Avenue and Banksia Avenue frontages, including at a minimum:
Provision of 1 x 45Ltr (or larger) street tree within the road reserve for every 8 metres of road frontage; and
A minimum 2m wide landscaping strip along the road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items to screen any fencing and the building bulk.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.

REFERRAL AGENCIES

Not Applicable.

REFERENCED DOCUMENTS

Plan/Document Name	Date
151858 P2 – Preliminary Stormwater Drainage Plan, drawn by Covey Associates	01/09/2015
Slope Stability & Geotechnical Assessment, by Coffey Geotechnics	12/08/2015
Arbicultural Assessment, by Tree Solutions	28/08/2015

ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
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.

PROPERTY NOTES

Not Applicable.

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Operational Work (Landscaping)
Development Permit for Building Work

SELF ASSESSABLE CODES

Detached House Driveway Code

SUBMISSIONS

Not Applicable.

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

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”.

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.

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