Planning & Environment Court Appeal No 2611 Of 2024 - MCU23/0105 Application For A Material Change Of Use For Multiple Dwelling (6 Small Dwellings), Food And Drink Outlet And Office At 2 Bottlebrush Avenue, Noosa Heads · Attachment 3 - Planning Coordinators Delegate Report - MCU23-0105

                        Figure 11 – Section showing floor levels to Noosa Drive

The proposed building also intrudes into the front setback at all levels and does not preserve the
existing mature trees located to the corner of Bottlebrush Avenue and Noosa Drive to visually
soften the building. While existing commercial buildings to Noosa Drive are all built to the front
boundary, these buildings are single storey and are expected to be redeveloped in the future. The
Noosa Plan now requires development to be setback from the frontages with the proposed design
proposing buildings and balconies into the setback area.
AO19.1 of the Major Centre zone states:
Buildings and structures comply with the following minimum boundary setbacks:
Frontage-
    (a) Noosa Junction:
 iii.   if fronting a road and not referred to above and not shown as having primary active
        street frontage in Figure 7.2.5.4 (Noosa Junction Framework and Character Plan), 3
        metres for the ground floor and second storey and 5 metres for the third storey; and
 iv.    for paragraphs (ii) and (iii) above the setback area can contain open awnings and
        unenclosed outdoor dining areas.
The applicant argues that the proposal complies with the required setbacks stating that the built
form is behind the required setbacks and that balconies are permitted in the setback area. Refer
figure 12. The applicant submission is not supported as bedrooms extend to within 2 metres of the
Bottlebrush Avenue boundary whilst balconies and planters extend to within 1metre. Further
intrusions are present along the Noosa Drive frontage. These balconies and planters often
screened are not awnings and present further bulk to the street which is not characteristic of the
area.




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