08/0169 - MCU - Dwelling House To Be Assessed Against the Superseded Planning Scheme [As Published] · 132008.169

Proposal Report Proposed Dwelling House, Pool, Tennis Court ond Studio In a Non Urban Zone at 7! Seaview Terrace, Sunshine Beach described as

Applicant

Lot f on RP 197117
Adrian Slinger

 

 

6.2

Pod

Under the 2006 Noosa Plan, the site is included in the Rural
Settlement and Open Space Conservation zones as
demonstrated by the extract of the Noosa Plan (Left).

A Dwelling is indicated as being a consistent code assessable
use in the Rural Settlement zone however is an inconsistent
use in the Open Space Conservation zone.

The line of the Noosa Plan therefore has substantially
reduced the yield attributable to the site compared to the SPS
due to the reduction in the developable area of the site.

 

Noosa Plan 2006 zoning map

The applicant contends that the Noosa Plan has reduced the value of the land by reducing the size of
the dwelling and associated structures that could have been constructed on the site. This is due to
the reduced area of the Rural Settlement zone and the increased area of the Open Space zone. It is
noted that all residential uses are inconsistent uses in the Open Space Conservation zone and
therefore the potential for part of the dwelling, pool, studios or tennis courts to be located in this zone
has been reduced.

With regard to the issue of environmental impacts it is noted that sites directly to the south and west
of the site have been developed for dwellings and pools and that conditions are able to be imposed to
ensure any development would not cause environmental harm.

The applicant therefore requests that the application be determined under the provisions of the
superseded scheme.

Compliance with State Planning Policies and Other Matters of State
Significance

6.2.1 Coastal Plan

The State Coastal Plan commenced on 27 February 2002. This document is a statutory instrument
under section 29 of the Coastal Protection and Management Act 1995 (Coastal Act) and has the
effect of a State Planning Policy under the Integrated Planning Act 1997. Council, as assessment
manager for certain applications, must have regard to the State Coastal Plan when undertaking
assessments under the Integrated Development Assessment System (IDAS).

The State Government has prepared a Guideline for Development Assessment in accordance with
the State Coastal Plan. This guideline addresses particular policy aspects including Erosion Prone
Areas, which is relevant to this application. Aspects such as erosion prone areas remaining
undeveloped and demonstration of coastal management outcomes not to be compromised are
detailed.

The Guideline states that erosion prone areas are to be retained in their natural state apart from the
provision of acceptable temporary or relocatable infrastructure for safety and recreational purposes.
Building works including extensions including the provision of services are not to extend any further
seaward than the existing building alignment for the neighbouring properties

The proposed new dwelling is located outside of the 15 metre coastal setback line. The proposed
dwelling is consistent with the guideline as it is in line with the building alignment of neighbouring
properties.

{282 martoo consulting - Town Planning Consuttants 8