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Concurrence Referral Agency - Planning Report RAP18 0054 · RAP18/0054

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Author	Development Planner, Billy Glover
Development Assessment
Index	RAP18/0054

APPLICATION DETAILS
Application	RAP18/0054
Applicant	GJ Gardner Homes Sunshine Coast
Proposal	Detached House
Properly Made Date	5 December 2018
Information Request Date	Not applicable
Information Response Date	Not applicable
Decision Due Date	3 December 2018

PROPERTY DETAILS
Property Address	44 Tewah Rd Boreen Point Qld 4565
RP Description	Lot 16 RP 76074 Lot 17 RP 76074
Land Area	506.06m² 506.01m²
Existing Use of Land	Detached House & Shed

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Boreen Point, Kin Kin & Cootharaba
Zone	Detached Housing
Overlays	Natural Hazard (Bushfire & Acid Sulfate Soils)
Assessment Type	Code
REPORT
PROPOSAL
The application seeks a Concurrence Agency Response for a Detached House. The applicant seeks approval to construct a 72m2 Secondary Dwelling behind the existing detached house on site. The proposed secondary dwelling includes a bedroom, bathroom, and kitchen, and laundry, family/dining and outdoor alfresco area. The secondary dwelling is proposed to be constructed over two lots.
The locality and proposal plan are included below.

Figure 1 – Site Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 - Elevations
site details
Site & Locality Description
Road Frontage	28 metres
Existing Significant Vegetation	
Topography	The site slopes from the rear of the lot to the Tewah Road frontage
Surrounding Land Uses	Residential uses within the Detached Housing Zone, Hotel within the Village Mix Zone and open space land within the Open Space Recreation Zone
assessment
The applicable planning scheme for the application is The Noosa Plan. The following sections relate to the provisions of the Planning Scheme.
Land Use and Works Provisions
The following codes which regulate land use and design are applicable to this application:
Detached House Code
The application has been assessed against the Detached House Code and found to be compliant with, or can be conditioned to comply with the code. The pertinent matters arising out of the assessment against the code is discussed below.
Criteria	Planning Scheme	Proposal	Complies
Site Area	Not applicable	Lot 16 – 506.06m² Lot 17 – 506.01m²	
Gross floor area	65m² max	71.83m² Internal 64.9m²	X
Site cover	50/30% or 40/40%	Secondary Dwelling 9.2% Existing Dwelling and Structures 23.4% Total 32.6%	
Soft landscaping	min 20% of site area	More than 20% of site area	Condition
Building height storeys metres	2 storeys max 8 metres	1 storey 4.25 metres	
Boundary setbacks Frontage Side (east) Side (west) Rear	6 metres 1.5/2 metres 1.5/2 metres 1.5/2 metres	25.2 metres 2.6 metres 12.4 metres 3.6 metres	
Roof form Pitch Eaves	Min 12 degrees Min 75% dwelling perimeter	21 degrees 100% dwelling perimeter	
Carparking	2 spaces	Existing 2 x single garages (existing house) *Not shown on plans	
Gross Floor Area
The internal gross floor area of the proposed secondary dwelling measures 64.9m2 and complies with the maximum GFA for a secondary dwelling. However, the covered outdoor alfresco measures 4 metres from the external wall of the dwelling, contributing an additional 6.93m2. The additional GFA exceeds the maximum 65m2 and results a non-compliant secondary dwelling. The proposal in the presented form would instead be defined as a Multiple Housing Type 2 Duplex development, an inconsistent use in the Detached Housing Zone.
A condition is included accordingly requiring the secondary dwelling to be reduced in size and not to exceed 65m2 gross floor area.
Secondary Dwelling – detached from primary dwelling
The proposed Secondary Dwelling does not share a common wall and common roof with the existing detached house on site and the two dwellings are not proposed to share an interconnecting door. The proposed secondary dwelling does not include a breezeway or any form of connection to the existing primary dwelling on the site.
Specific Outcome O32 states any second dwelling unit – is small scale and ancillary to the detached house on-site. The proposed secondary dwelling is conditioned to a maximum of 65m2 gross floor area and the existing Detached House on site is two storeys and located toward the frontage of the site. The secondary dwelling will therefore appear ancillary to the existing detached house and will be limited visually from the Tewah roadway. Furthermore, the subject site comprises of two residential lots with only one detached house and secondary dwelling proposed over the two lots. It is noted that a second detached house could be built on the second title with lesser regulatory provisions in relation to size and scale than a secondary dwelling.
A condition is recommended for vegetation screening to be established along the northern and eastern boundaries for the extent of the secondary dwelling, to provide screening of the development and visual privacy for both the residents of the subject site and neighbouring properties.
Carparking
The proposal plans do not detail the existing detached house. The existing detached house has two single garages facing the frontage of the site.
Whilst not detailed on the proposal plans, sufficient carparking is available on site for each dwelling unit. A condition is included accordingly.
conclusion
The proposed secondary dwelling complies with the requirements of the Detached House Code when a condition is imposed to reduce the secondary dwelling to a maximum of 65m gross floor area.
RECOMMENDATION
APPROVE WITH CONDITIONS
Application No RAP18/0054 for a Concurrence Agency Response for a Detached House situated at 44 Tewah Rd Boreen Point Qld 4565 as identified in the attached details recommended for the Decision Notice.
application details
Application No:	RAP18/0054
Street address:	44 Tewah Rd Boreen Point Qld 4565
Real property description:	Lot 16 RP 76074 Lot 17 RP 76074
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The applicant seeks the following type of development approval:
Development Permit for Building Works (Detached House – Secondary Dwelling)
concurrence agency 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.
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.
Plan No.	Rev.	Plan/Document Name	Date
2	C	Site Plan, drawn by GJ Gardner Homes	13/11/2018
3	C	Floor Plan, drawn by GJ Gardner Homes	13/11/2018
4	C	Elevations, drawn by GJ Gardner Homes	13/11/2018
7	C	Sections, drawn by GJ Gardner Homes	13/11/2018
Gross Floor Area
The gross floor area of the secondary dwelling must not exceed 65m2.
In this regard, either the roof of the alfresco or the internal floor plan may be reduced in size to comply, in accordance with The Noosa Plan.
Carparking
A minimum of 1 carparking space per dwelling unit must be provided on-site.
Landscaping
Screening vegetation must be planted along the northern and eastern boundary for the full length of the secondary dwelling in accordance with Council’s Planning Scheme Policy PSP03 Landscaping Plants and Guidelines. The planted vegetation must have a minimum pot size of 200mm and consist of native, local species with a mature height of not less than 6 metres and a minimum spacing of 2 metre centres to achieve suitable screening of the secondary dwelling.
A minimum of 20% of the site must be retained as soft landscaping.
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.
reasons for inclusion of conditions
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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.
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
rEPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE
The applicant may make representations to Council about this referral agency response at any time before the application is decided pursuant to section 30 of the Development Assessment Rules.

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REFERRAL AGENCY (RAP) REPORT

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