Delegated Report - Code - Planning MCU22 0195 · MCU22/0195

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0195
Applicant	Chris Clout Design Pty Ltd
Proposal	Material Change of Use - Dwelling house
Properly Made Date	11 November 2022
Information Request Date	25 November 2022
Information Response Date	15 December 2022
Decision Due Date	24 March 2023
Report Completed Date	16 February 2023
Report Reviewed By	Nadine Gorton - 20 February 2023

PROPERTY DETAILS
Property Address	Noosa Dunes 19/512 David Low Way Castaways Beach
RP Description	Lot 19 SP 111721
Land Area	726 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity Overlay (Area of Biodiversity Significance) Bushfire (Medium Potential and Potential Impact Buffer) Coastal Protection Overlay Landslide Hazard (Moderate)
Assessment Type	Code
PROPOSAL
The application seeks a Material Change of Use for a Dwelling house. The dwelling house is proposed with 3 bedrooms, study and managers office, numerous indoor and outdoor living spaces over 3 levels (2 storeys) and a small basement area.
The proposed dwelling is located in the Noosa (formerly Marcus) Dunes Group Title Development. The proposed detached house is not required to comply with The Noosa Plan’s codes, as The Noosa Plan calls up the relevant Plan of Development 67 on plan ACA-1, Zoning Map ZM4a. Dwelling houses must be constructed in accordance with the development parameters outlined on the plan of development, which are contained in the assessment following.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Background
The subject site is located within the Noosa Dunes (formerly Marcus Dunes) estate and as such is subject to the provisions of Plan of Development POD65 – Marcus Dunes Estate, which includes mapped ‘Building/yard envelopes’ and ‘Natural vegetation in lots to remain untouched’ on the approved plan (refer to Figure 5).

Figure 5: Plan of Development POD65 – Marcus Dunes Estate
Dwelling houses must be constructed in accordance with the development parameters outlined on the plan of development, which are contained in the assessment following. The Body Corporate has provided approval for the works to proceeds subject to Council approval and confirm it complies with the Plan of Development.
Site Description
The site is vacant and is located to the east of the common property road and slopes down from the road.
Surrounding Land Uses
Marcus Dunes Estate consists of 36 individual lots and detached dwellings similar in nature to that proposed surround the subject lot.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Plan of Development.
The subject site is located in Castaways Beach and is zoned Low Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Plan of Development (POD)	Proposal	Complies
Building height storeys metres	2 storeys/3 levels 8 metres maximum roof level as shown on POD whichever is the lesser height (RL44)	2 storeys/3 levels 8 metres RL42.5	
Site cover	40%	38%	
Gross floor area	350 m² (including garage) + 40m2 for managers residence	350 m² + 36m2 for managers residence	
Boundary setbacks Frontage Side Side Rear	Compliance with building envelope on POD 10.7-14.9m front Side 2m Side 2m 6m	11.08 – 14.2 metres 2 metres 2 metres 6 metres	x
Vegetation	Natural vegetation outside of building envelops to remain untouched.	Generally complies – include conditions to retain	
Setbacks
The dwelling is proposed to be constructed within the building envelope of the site and thus complies with building setbacks.  However the upper level screens encroach at 700mm into the setback at one point.  There are no issues associated with this as there is no additional impact on vegetation or impact on amenity.
Stormwater and Slide Hazard
The applicant has provided a stormwater management plan and a site classification report. A condition will be included to ensure development is undertaken in accordance with both reports.

Coastal Protection
The proposed dwelling maintains the required setbacks under the Plan of Development. There is a proposed pathway along the southern boundary which is contrary to the ‘Natural Vegetation in Lots to remain untouched’ area on the Plan of Development.  The design of the pathway along the southern boundary requires all vegetation to be removed in this area.  To ensure this does not occur, a condition will be included and the plans annotated to ensure this pathway is limited to stepping stones around existing vegetation.

Landscaping
The landscape plan includes Alexandra Palms.
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency as the subject site is located within an area with potential for unexploded ordinances, and therefore the application required referral to SARA for assessment against the State Development Assessment Provisions (SDAP) v2.6, State Code 13: Unexploded ordnance (State Code 13).
The Department has responded advising that the application can meet the performance outcomes of State Code 13, subject to a condition of approval to ensure the development is managed in a manner that protects human safety and the environment.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer, Development Assessment
The applicant proposes to construct a dwelling on an existing vacant block at the crest of Noosa Dunes. The submitted documentation included sufficient information for Engineering to forgo a Request for Information. A set of Geotechnical reports were provided which included stormwater disposal, landslide mitigation and construction recommendations. Engineering have conditioned a dilapidation report to be undertaken prior to construction, as recommended by the Geotechnical engineer. The road reserve afront the subject site is privately owned and therefore an Operational Works application for a non-standard driveway is not required. The proposed access generally complies with IPWEA RS-049 and RS-050. Engineering believe that relevant compliances can be achieved and recommend the following conditions.

conclusion & reasons for decision
It is concluded that the proposed development meets the provisions of Plan of Development 67 on plan ACA-1, Zoning Map ZM4a and does not raise any significant planning or engineering issues. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0195 for a Material Change of Use - Dwelling house situated at Noosa Dunes 19/512 David Low Way Castaways Beach and described as Lot 19 SP 111721, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0195
Street address:	Noosa Dunes 19/512 David Low Way Castaways Beach Qld 4567
Real property description:	Lot 19 SP 111721
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house (Coastal Protection)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
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.
Plans and Documents
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
C1.0	-	Site Plan, prepared by Chris Clout Design (as annotated by Council)	09/12/2022
C1.1	-	Lower Floor Plan, prepared by Chris Clout Design	09/12/2022
C1.2	-	Ground Floor Plan, prepared by Chris Clout Design (as annotated by Council)	09/12/2022
C1.3	-	Upper Floor Plan, prepared by Chris Clout Design	09/12/2022
C2.0	-	Elevations, prepared by Chris Clout Design	09/12/2022
C2.1	-	Elevations, prepared by Chris Clout Design	09/12/2022
C3.0	-	Section prepared by Chris Clout Design	09/12/2022
C3.1	-	Section, prepared by Chris Clout Design	09/12/2022
C3.3	-	Section, prepared by Chris Clout Design	09/12/2022
C4.0	-	Areas (GFA), prepared by Chris Clout Design	09/12/2022
	01	Landscape Concept, prepared by JRLD Design & Landscape (as annotated by Council)	December 2022

Currency Period
This development approval lapses if the use has not happened by 16 February 2023, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed an RL44 (8 metres) above ground level.
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.
Performance Bond
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 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.
POD
All building works must be wholly contained within the building envelope applying to the site.
The developer is to undertake construction practices that prevent damage and destruction of vegetation outside the building envelope.  To this end, the building envelope is to be delineated by tape or other means to limit encroachment by builders into the protected area.
Landscaping
Existing vegetation on the site must be retained within the ‘Natural Vegetation in Lots to remain untouched’ area as shown on the POD (with the exception of the access driveway).  In this regard when excavating earthworks batters must not extend into the ‘Natural Vegetation in Lots to remain untouched’ area.  These areas are to be further landscaped in accordance with the approved plans (as annotated by Council).  Turf cannot replace existing vegetation.
The Archontophoenix cunninghamiana’s are to be substituted with suitable species which are as follows:
Acronychia imperforate
Alectryon coriaceous
Syzygium oleoseum
Melaleuca quinquenervia
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
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.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
All lighting associated with all works approved as part of this application must be positioned and managed to reduce sky glow and light spill onto the beach to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings. Management measures include reduced intensity, long wavelength lights; shielded, low to the ground, and directed onto areas of interest; low reflectance building surfaces and paint; and tinted external glass. The following are to be incorporated into the works approved as part of this application:
All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) must have 15% visible light transmittance tinting.
All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) must be fitted with opaque blinds, to be drawn from 8pm during turtle nesting and hatching season (October – May).
All outdoor lights must have a maximum of 2700 K correlated colour temperature (CCT). All indoor lights must have a maximum of 3000 K CCT. All lighting (interior and exterior) must avoid the use of halogen, metal halide, or fluorescent lights.
Amber LED (590-610 nm) or low pressure sodium lighting must be used as a standard. Warm white is to be used only where colour rendition is required.   LED lights must not contain short wavelength blue light and supplier should be asked to provide spectral power curve of requested LEDs to prove the absence of short wavelengths.
The number and wattage of lights must be minimised.
All lights must be recessed into structures and roof, and directed away from the turtle nesting habitat.
No lighting is permitted on the roof of the building.
All outdoor lights, including balcony lights, must be turned off between 8:00pm and sunrise during turtle nesting and hatching season (October – May).
External feature lighting to the building must be positioned below 10 metres in height and turned off between 8:00 pm and sunrise during turtle nesting and hatching season (October – May).
No upward lights or vertical illumination of the building, vegetation or other structures using lighting that shines into the sky to be used.
Where lighting is required for safety purposes (including all corridors above ground level, stairwells, entry points etc.), the lighting of these areas must be activated by proximity sensors or motion detectors with an associated deactivation of the lighting after no more than 10 minutes during turtle nesting and hatching season (October – May). For lighting in other areas, timers, proximity or motion activated light sensors must be used wherever possible.
No decorative outdoor lighting is to be fitted to the buildings, open space or recreation areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October – May).
Pool lighting must be switched off after 8:00pm during nesting and hatching season (October – May).
All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
Pedestrian Access
Gates must not be installed along the eastern property boundary to gain direct access to the beachfront.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Marcus Dunes Court to all parking and manoeuvring areas of the development. The works must be undertaken in accordance the conditions of this Decision Notice and must include in particular:
a driveway crossover generally in accordance with RS-049, RS-050 and any associated addendum; and
be generally in accordance with SCG Consulting’s Driveway Levels (32303-OW2.2) and Driveway Details (32303-OW2.3) plans dated December 2022.
The areas of common property adjacent to the proposed driveway must be smoothly transitioned to ensure no trip or fall hazards are created within the common property as a result of the proposed works. Any reshaping of the road reserve must be contained to the prolongation of the property boundary and must be done so without the use of any retaining structures.
Car Parking
A minimum of 2 car parking spaces must be provided on the site. The works must be undertaken in accordance with the conditions of this Decision Notice and must include in particular:
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities; and
be generally in accordance with Chris Clout Design’s Ground Floor Plan (C1.2) dated 9 December 2022.
Stormwater Drainage
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 the conditions of this Decision Notice and must:
adhere to the recommendations made in SCG Consulting’s Slope Stability Assessment Report (32303(SL)) and Soil Test and Footing Report (32303(S)) dated 13 December 2022; and
be generally in accordance with SCG Consulting’s Stormwater Management Plan (32303-SW1.1) and Stormwater Details (32303-SW1.2) dated December 2022.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Easements
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.
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.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in section 5 of SCG Consulting’s Slope Stability Assessment Report (32303(SL)) and section 5 of SCG Consulting’s Soil Test and Footing Report (32303(S)) dated 13 December 2022.
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.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
The development of the site must not adversely impact of the stability of the adjoining properties (land, buildings, associated structures, services and vegetation). Prior to the commencement of earthworks, a dilapidation report must be undertaken for all neighbouring properties. The report must be prepared by a suitably qualified person and contain construction methodology recommendations which are adhered to during construction.
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.
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.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 4, Division 3, Table 1 (Planning Regulation 2017) (Contaminated Land – Unexploded Ordnance)	The agency provided its response on 3 February 2023  (Reference No. 2301-33052 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Infrastructure Charges
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. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance used for domestic heating or cooking purposes, which must comply with particular Standards. Any area identified as a fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. 3, Schedule 3.  Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview

property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 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.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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