Planning & Environment Court Appeal No. D133 Of 2023 – Application For Building Works For A Dwelling House At 60 Seaview Tce, Sunshine Beach · Attachment 1 – DBW21 0216 – Acting Co-ordinator Planning Report

 ATTACHMENT 1 – DBW21/0216 – ACTING CO-ORDINATOR PLANNING REPORT
REPORT
On 20 July 2023 Council at its Ordinary meeting resolved to refuse an application for a new dwelling
house to be constructed at 60 Seaview Terrace, Sunshine Beach for the following reasons:
1.   The proposal does not comply with Acceptable Outcome AO7.1 and corresponding
     Performance Outcome PO7 of the Low Density Residential Zone Code as it:
     i.     Is proposed to exceed 8 metres in building height from finished ground level;
     ii.    Will visually dominate the surrounding area; and
     iii.   Has the potential to obstruct views and cause overshadowing of dwellings within
            proximity of the site.
2.   The proposal does not comply with Acceptable Outcome AO8.1 and corresponding
     Performance Outcome PO8 of the Low Density Residential Zone Code as it:
     i.     Exceeds site cover requirements of 50% for one storey and 30% for the other storey
            or 40% for both storeys;
     ii.    Is not of a scale that is compatible with surrounding development;
     iii.   Has not included the opportunity for soft landscaping between buildings; and
     iv.    Presents an appearance of bulk to adjacent properties.
3.   The proposal does not comply with Acceptable Outcome AO9.3 and corresponding
     Performance Outcome PO9 of the Low Density Residential Zone Code as:
     i.     The northern side boundary setback does not comply with minimum side setback
            requirements;
     ii.    The built to boundary garage and bin structures do not comply with minimum side
            setback requirements;
     iii.   Will impact on the visual and acoustic amenity of adjoining premises;
     iv.    Has the capacity to cause issues of overlooking of private open space of adjoining
            premises; and
     v.     Does not provide adequate distance from adjoining land uses.
4.   The proposal does not comply with Acceptable Outcome AO16.3 and corresponding
     Performance Outcome PO16 of the Low Density Residential Zone Code as the proposed
     rooftop terrace will have the potential to obstruct views of dwellings within proximity of the
     site and create issues of overlooking to neighbouring properties. the privacy walls associated
     with the proposed roof top terrace will also create excessive bulk to neighbouring properties.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development be approved
subject to reasonable and relevant conditions.

Since lodgement of the appeal, the applicant has requested an on-site meeting to discuss the
proposed dwelling. This meeting is expected to occur in the next few weeks with Council officers
and planning solicitor for the appeal.

The matter is in order for Council to defend the appeal and the recommendation is worded
accordingly.

Previous Council Consideration
Not Applicable