Application For A Concurrence Agency Response For A Detached House At 1 Overton Way, Kin Kin RAP15/0008

application for a concurrence agency RESPONSE for a detached house at 1 overton way, kin kin – RAP15/0008

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / RAP15/0008

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Axis Building Certification Pty Ltd
Proposal	Detached House
Properly Made Date	01/04/2015
Information Request Date	15/04/2015
Information Response Date	22/05/2015
Decision Due Date	02/07/2015
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	1 Overton way, Kin Kin
RP Description	Lot 1 SP 167230
Land Area	1688m²
Existing Use of Land	Detached House under construction

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Locality	Boreen Point , Kin Kin, and Cootharaba
Zone	Detached Housing
Overlays	None Applicable
Assessment Type	Concurrence Agency Referral

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 23 June 2015 regarding Application No. RAP15/0008 for a Concurrence Agency Response for a detached house situated at 1 Overton Way, Kin Kin and approve the application in accordance with the following 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 of development. The approved plans are listed in the following table unless otherwise amended by these conditions and annotations.
Plan No.	Rev.	Plan/Document Name	Date
WD02	A	Site Plan, prepared by iphorm Building Designers	May 2015
WD03	A	Landscape Plan, prepared by iphorm Building Designers as annotated by Council	May 2015
WD04	A	Ground Floor Plan, prepared by iphorm Building Designers	May 2015
WD05	A	Upper Floor Plan, prepared by iphorm Building Designers	May 2015
WD06	A	Elevations, prepared by iphorm Building Designers	May 2015
WD07	A	Elevations, prepared by iphorm Building Designers as annotated by Council	May 2015
WD08	A	Section 3, prepared by iphorm Building Designers	May 2015
WD09	A	3D, prepared by iphorm Building Designers	May 2015
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $2,000 must be submitted to Council within 28 days of the date of this Concurrence Agency Response to secure performance of all conditions of this approval. 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.
Landscaping
Existing trees on the site and within road reserves must be retained.
Trees to be retained must be protected from 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.
Vegetation must be planted in accordance with the approved landscaping plan (and as annotated by Council) and in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. Additional landscaping consisting of Syzgium smithii, Syzgium francisii, Syzgium luehmanni or Brachychiton bella donna must be provided and include:
trees  planted along both sides of the driveway from the house to the southern boundary at 2 metre centres
trees planted at 2 metre centres along the southern boundary starting from the driveway for the full length of the southern side of the house returning for a minimum of 3m to the north between the house and the shed, as annotated on the landscaping plan
three (3) Syzgium smithii planted along the northern boundary as annotated on the landscaping plans
minimum pot sizes of 200mm.
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.
External finishes
Sunhoods (a minimum of 600mm deep) must be provided to all windows and doors not protected by the fly over verandah roof.
Timber battening must be provided to the perimeter of the ground floor carparking area as annotated by Council on the approved plans.
The house must be painted with muted environmental tones that blend with the natural environment, except for the corrugated iron which may remain as constructed.
ADVICE
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Planning Assessment Department to arrange a Development Compliance Inspection.

REPORT
PROPOSAL
The applicant seeks an approval for a dwelling currently under construction. The dwelling was pre manufactured in a Brisbane factory and transported to the site in halves then sited on posts approximately 3m above the natural ground level. The dwelling is setback between 2.01m – 4.4m to the northern boundary and between 3.3 – 6.03m to the southern boundary to Main Street.

The upper level consists of a kitchen, dining room, lounge room, 2 bathrooms and 3 bedrooms. The ground level includes a double carport, a bedroom, storeroom and lounge area. The upper level covered 3 metre wide verandah runs along the length of the house facing east with a set of split stairs centrally located. A small verandah accessed from the laundry is located to the western (rear) side of the house. Eaves of approximately 0.35-0.40m wide are present to 100% of the perimeter of the building together with 0.6m deep window hoods. Figure 1 below shows the partially constructed dwelling from the east and the west directions.

Figure 1 – The image on the left - view from the east and image on the right – view from the west.
The dwelling does not comply with the following self-assessable provisions of the Detached House Code:
S1.1- Setbacks
S14.1 – Roof form (eaves)
S15.1 – Streetscape and Character – Kin Kin village
The application is before Council because of the prominent location and the extent of the setback relaxation sought and the concerns over the dwelling raised by the community.
site details
Background
The dwelling was granted a Building Approval on 11 September 2013.
The Building Approval is unlawful as the dwelling does not comply with some of the self-assessable provisions of the Detached House Code.
The pre-fabricated dwelling was transported and sited in accordance with the Building Approval.
The dwelling remained onsite for a sometime prior to construction work commencing
A complaint from a concerned resident led to an application to Council.
Staff are currently preparing to lodge a complaint against the building certifier for the dwelling to the Queensland Building and Construction Commission.
Site Description
The lot has a gentle slope from the west to the east toward the Overton Way frontage. There is no vegetation on the land. A new shed is located in the south western corner of the lot.
Surrounding Land Uses
The site is located on the corner of Overton Way and Main Street Kin Kin.  Overton Way consists of large detached housing lots similar in shape and size to the subject site and mostly developed with a range of ‘modern’ housing styles. Older well established Queensland vernacular style buildings are located on the southern side of Main Street including the Kin Kin school diagonally opposite the site.

Figure 2 - Subject Site highlighted in purple
assessment
Instruments for 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.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Regional Landscape and Rural Production area of the SEQ Regional Plan and the proposal is consistent with the regional policies and Regulatory Provisions of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The subject site is located in the Boreen Point, Kin Kin, and Cootharaba Locality and is zoned Detached Housing. The proposed use is identified as a consistent use within the zone and is required to undergo a code assessment application process, with Council acting as a Concurrence Agency.
Land Use & Works Provisions
The Detached Housing Code regulates land use and design for this application. The application has been assessed against the Code and the pertinent issues arising out of the assessment are discussed below:
Setbacks
The dwelling is sited in accordance with the Building Approval providing a setback of between 3.3m and 6m to Main Street. The Building Approval was unlawfully issued because this setback distance does not comply with the Acceptable Solution, which requires a 6m setback to street frontages. The encroaching part of the building is triangular in shape and is shown in Figure 3 below.

Figure 3 – The red line shows the 6m setback and the purple outline shows the extent of the encroachment.
The dwelling does not comply with Acceptable Solution S1.1 and is therefore assessed against Specific Outcome O1 which states:
Setbacks
O1 Buildings and other structures are appropriately designed and sited to—
a) 	provide amenity for users of the premises as well as preserve the visual and acoustic privacy of adjoining and nearby land uses;
b)	preserve any existing vegetation that will buffer the proposed building from adjoining uses;
c) 	allow for landscaping to be provided between buildings;
d) 	maintain the visual continuity and pattern of buildings and landscape elements within the street;
e) 	for class 10a structures, do not visually dominate the street;
f) 	avoid any significant adverse impacts on the natural values of waterways and their foreshores, including those of the Noosa River and its lakes; and
g) 	do not interrupt the natural cycles of erosion and accretion of waterways and foreshore areas.
Although the proposal creates overlooking of the northern neighbour, the building complies with the required 2m side setback to that boundary.
The primary concern is the impact of the dwelling’s reduced setback will have on the Main Street streetscape. The 2.7m encroachment into the setback is significant and the southern building elevation (currently partially complete) provides a bulky and plain presentation to Main Street and a poor built form outcome.  Given the house has been erected in this location, consideration must be given whether the setback relaxation is acceptable and the works can be appropriately conditioned or if the house must be repositioned. Figure 4 provides an indication of the prominence of the building to Main Street.

Figure 4 - View from across Main Street.
There are some aspects of the layout that are considered to support the proposal, being:
Orientated to comply
The gabled end (the shorter building elevation) is orientated towards Main Street being less intrusive than if the building were orientated 90 degrees to comply with a 6m setback. The 90 degree orientation would present the rear or the full length of the building to face Main Street (assuming the verandah would be orientated north). Figure 5 below shows the rear elevation.
If the dwelling was rotated 90 degrees to comply, the living area and the whole verandah would directly overlook the neighbouring property, whereas currently the orientation is slightly less intrusive to the neighbour being a smaller portion of the verandah and 2 bedroom windows overlooking the neighbour.

Figure 5 - The rear elevation
Building encroachment
If the dwelling were setback 6m to comply (demolish the encroachment or a designed 2.7m shorter building) the same gabled end elevation would present to Main Street. It is considered this would only be a slightly better outcome because the same elevation would present to Main Street but only setback a further 2.7m. Distinguishing this difference from Main Street would be relatively difficult. Figure 6 below highlights the difficulty in distinguishing the depth of the setback in relation to the streetscape.

Figure 6 - Boundary location and dwelling
Potential improvement to the elevation facing Main Street
The building is currently unfinished. Timber battening, window hoods and landscaping are proposed to improve its appearance. The applicant has provided a landscape plan to demonstrate planting will help soften the building appearance but the species list submitted is not sufficient to effectively screen the building. Figure 7 and 8 below shows the as proposed finished building.

Figure 7 - Proposed elevations

Figure 8 – Architectural rendering - 3D of the finished dwelling
Roof form
Acceptable Solution S14.1 b) of the Detached house Code requires 0.6m deep eaves to at least 75% of the perimeter of the building. The dwelling has 100% eaves to the perimeter of the building but only 34% being 0.6m deep or greater including the covered verandah. In addition and in response to Councils Information Request, 0.6m deep window hoods were included to all exposed windows.
Specific Outcome O14 seeks eaves to offer shading to the walls and provide attractive roof forms.
The roof form (22 degrees) generally contributes positively to the skyline being a traditional pitched roof with gable ends, but the narrow eaves to the west and south west provide limited shading to the walls. The window hoods offer shading to the glass and provide some solar benefit. Wider eaves would improve the dwellings appearance somewhat, but it is considered removing the existing eaves and replacing them with wider eaves is not warranted.
Streetscape and character –Kin Kin village
Acceptable Solution S15.1 states the following:
S15.1 If in Kin Kin village, buildings-–
a) 	for the front elevation, have recessed or framed windows and doorways that are vertically proportioned and placed symmetrically in the building façade; and
b) 	if more than 1 storey - have clearly defined floors by way of design features such as verandas or changes of materials or finishes.
The site has 2 frontages creating 2 front elevations. The elevation facing Overton Way when finished meets most of the Code provisions except for recessed or framed windows. The elevation facing Main Street does not comply having only 1 window and a blank corrugated iron facade. Therefore it must be assessed against Specific Outcome O15 which states:
Streetscape & character–Kin Kin village
O15 	For Kin Kin village, the predominant Queensland vernacular detached housing form is retained and enhanced by incorporating design elements reflecting or interpreting elements of this style of housing.
The Overton Way elevation has windows vertically proportioned and a set of traditional split ‘Queenslander’ type stairs, timber battening around the garage and corrugated iron as external finishes which represent elements of the Queensland vernacular.
The Main Street elevation is devoid of any real design elements to reflect the Queensland vernacular except for the use of corrugated iron and timber battening which also defines the storeys. The presentation to Main Street, as discussed throughout the report, is currently poor, but it is considered the elevation can be effectively screened and softened by landscaping. Conditions are recommended accordingly.
conclusion
The dwelling, as currently constructed, presents poorly to Main Street and dominates the streetscape. When finished, the house will provide an acceptable presentation to Overton Way and with timber battening and landscaping will somewhat improve the Main Street presentation. The as-constructed position is supported if screening vegetation is established between the house and the Main Street boundary. The dwelling is therefore recommended for approval subject to conditions.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health		DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	23 JUNE 2015

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