Delegated Report - Code - Planning MCU21 0157

Author	Consultant Development Planner, Nick Cooper
Development Assessment
APPLICATION DETAILS
Application No.	MCU21/0157
Applicant	Ashburton Pastoral Company P/L
Proposal	Material Change of Use - Dual occupancy
Properly Made Date	21 September 2021
Information Request Date	19 October 2021
Information Response Date	8 December 2021
Decision Due Date	5th June 2022
Report Completed Date	6th June 2022
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	55 Doonella St, Tewantin Qld 4565
RP Description	Lot 5 RP 73672
Land Area	653m²
Existing Use of Land	Detached Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential Zone
Precinct	Not Applicable
Local Plan Area	Tewantin Local Plan Area
Overlays	Acid Sulfate Soils Overlay Flood Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dual occupancy. Each dwelling of the Dual occupancy consists of 2 covered vehicle spaces, kitchen, living and laundry on the lower floor and 3 bedrooms, ensuite/bath on the upper level. The lower level has a generous deck leading to a small swimming pool overlooking Lake Doonella. A B99 vehicle can enter and exit the site in a forward gear and dense landscaping is proposed within the frontage. It should be noted that the site access is constrained and the existing access location is proposed to be utilised.
The proposal seeks approval for various relaxations which are further discussed below.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations

Background
The application was lodged in September 2021 and an information request issued October 2021 which required further information addressing a range of matters including roof form, setbacks, streetscape presentation, manoeuvring, stormwater and water quality. A response to the information request was received December 2021, however further information was still required as the revised plans were not considered to address landscaping, roof form and streetscape presentation. A further advice notice was issued January 2022 with revised plans and information received May 2022.
site details
Site Description
The land slopes from the northern Doonella Street frontage down to the southern rear boundary which adjoins Lake Doonella. The lot is an odd rectangular shape as the rear boundary matches the shape of the Lake’s foreshore mangroves. Most of the subject site is low lying and flood affected. Vehicle access is constrained by existing stormwater and power infrastructure in the road reserve, footpath and street trees.
Surrounding Land Uses
The surrounding area consists of dwelling houses, secondary dwellings and a few old unit blocks. Directly opposite is Councils public car park and Tewantin’s District Centre zone where a development application for 4 Commercial tenancies at street level and 19 small multiple dwellings to the upper levels has been approved under a court order. The site also has direct frontage to Lake Doonella.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Tewantin Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
Flood Hazard Overlay Code
The subject site is located in Tewantin and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	2 storeys 8.75 metres	X
Site cover	40% max	39.4%	
Gross floor area Plot ratio	260m² max 0.4:1 max.	256m² 0.392:1	
Boundary setbacks Frontage Side (west) Side (east) Rear	6 metres min 1.5/2.0/2.5 metres min 1.5/2.0/2.5 metres min 6 metres min	6.0 metres 0.5/1.5m 0.5/1.5 metres 6 metres	X X
Length of wall	15 metres max	8.3 metres	
Roof Form Pitch Eaves	Min 5 degrees Min 600mm to 75%	35 degrees 600mm to >75%	
Landscaped open space Soft landscaping Landscaping Setbacks	40% / 260m² min 156m2 min 60% of total 2m front setback	260m² 170m² 1m	
Private Open Space	25m² min	80m²	
Carparking	2 covered min 1 uncovered min	4 covered	
Built Form	Asymmetrical Design	Symmetrical Design	
Building Height
The proposal has an overall height of 8.75m and 2 storeys.   The site slopes down away from the road frontage and the proposed duplex exceeds the height limit at the roof ridge line at the rear of the building (with an RL 10.07m AHD) as demonstrated in the section and height blanket diagram (refer figure 5).  The proposal is considered generally consistent with the existing built form within the streetscape which is largely two storeys in nature and the minor exceedance (75cm) of the building height does not result in any additional determinantal impacts on amenity such as overshadowing or impede views of neighbouring properties and therefore can be considered to comply with PO8.

Figure 5 – Height Diagrams
Side Setbacks
The side boundary setback intrusions are limited to the eaves at the 2nd storey being setback 1.5m instead of 2m.   The eaves (being 500mm) are not expected to have any impact on the amenity of adjoining properties and allow appropriate separation distance to enable landscaping between buildings. The side boundary setback is therefore considered to comply with PO12 in relation to side boundary setbacks.
The other side boundary intrusions include the entrance patios which are setback 500mm from the respective side boundaries at a height of 1m-1.2m above natural ground level.   The existing neighbouring property to the east is setback 4.5m from the side boundary, and the proposed duplex dwelling to the western side boundary proposes an entrance deck with a reduced setback similar to this proposal.    Despite the reduced setback, appropriate landscape planting is possible within the setback area and is recommended as a condition of approval to ensure privacy is maintained alongside boundaries.    With the inclusion of landscaping conditions, the proposal is considered to comply with PO12 in relation to the side boundary setback for the entry decks.
Streetscape
The information request and further advice requests raised concerns about the roof form and streetscape presentation. The revised design addresses scheme requirements providing pitched roof forms, eaves and variation of unit design.
Flood Overlay
The Flood Hazard Overlay Map includes the majority of the site in the ‘flooding and inundation’ area. The proposal has been reviewed against the Overlay Code and was forwarded to Switchback Consulting who provided a review of the stormwater management plan for the site and flooding constraints. Switchback Consulting advised that the proposal attempted to minimise filling and the proposal met the scheme provisions. Flood immunity has been achieved by raising the finished floor levels to the required freeboard above the Defined flood Extent.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Mark Lewis – Conditions recommended.
Stormwater Specialist – Conditions recommended
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU21/0157 for a Material Change of Use - Dual occupancy situated at 55 Doonella St Tewantin and described as Lot 5 RP 73672, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0157
Street address:	55 Doonella St Tewantin Qld 4565
Real property description:	Lot 5 RP 73672
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dual occupancy
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager 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
DA5502	D	Site Plan / Roof Plan, prepared by Arco Eco	-
DA5503	D	Proposed Lower Floor Plan, prepared by Arco Eco	-
DA5504	D	Proposed Upper Floor Plan, prepared by Arco Eco	-
DA5505	D	Proposed Elevations 1 / 2, prepared by Arco Eco	-
DA5506	D	Proposed Elevations 2 / 2, prepared by Arco Eco	-
DA5507	D	Height and Streetscape, prepared by Arco Eco	-
DA5508	D	Landscaping, prepared by Arco Eco	-
DA5509	D	Street Perspective, prepared by Arco Eco	-
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Currency Period
This development approval lapses if the use has not happened by 6 June 2028, unless an application to extend the currency period is approved by Council.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Materials and Finishes
Buildings and structures must use:
natural finishes wherever possible;
a mix of lightweight and textured external finishes;
masonry construction where variation is provided in texture and the façade uses a variety of finishes to break up the surface; and
open or transparent balustrades.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the stree.t
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothesline which is screened from public view.
Building Height
The maximum height of the development must not exceed 8.7 meters (RL 10.07 AHD) above the finished ground level and the natural ground level as detailed on plan DA5307 Rev D.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. 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 Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan 2020 in particular PSP2 - Landscaping for that specific area and must include:
the works shown on the Approved Plans;
retention of the existing street tree detailed on plan DA5502 Rev D;
landscape plantings along the rear boundary of the site
a 500mm landscaping buffer strip along side boundaries of the subject site adjacent to the entrance deck and entry walkway in accordance with the approved plans and conditions of approval for the duration of the use;
The buffer strip should include species that will provide an effective buffer for maintaining privacy of adjoining uses.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the ddevelopment site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Site Access and Driveways
A sealed access driveway must be provided from Doonella Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular any improvements/modifications to the existing access driveway to achieve compliance with Council’s Standard Drawings RS-049 and RS-050 and any associated addendum
Car Parking
A minimum of 4 car parking spaces must be provided on the site and made available and accessible at all times. The works must be undertaken in accordance with an Operational Works approval and must include in particular dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 Parking Facilities
All vehicles must enter and exit the site in a forward gear. The access driveway must provide sufficient area for vehicles to access the site and space in a forward gear, manoeuvre on site and exit the site in a forward gear in a total of 3 movements.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with:
drawing number 20210038, issue B prepared by Recor dated 8 November 2021, and
The Stormwater Management Report Project No: 20210038, version 2 prepared by Recor dated 9 November 2021
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All earthworks and associated batters must be undertaken in accordance with an Operational Works approval and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Stormwater Quality
32.	A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular stormwater quality treatment devices of a size and location generally in accordance with those shown in drawing Drawing Number C10, titled ‘Stormwater Drainage Plan’, prepared by RECOR dated 08/11/2021.
33.	All primary stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with the manufacturer’s recommendations. Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Flood Immunity
34.	The minimum finished floor level of all buildings constructed on the site must be in accordance with the Approved Plans.
Flood Resilience and Flood Storage
35.	The building structures (apart from the carports) are to be provided as pole construction, with the underside of the building set above the 1%AEP flood level at year 2100 (the DFE). The building undercroft is to remain open and able to function to provide floodplain storage during a flood event. All building components located below the DFE, such as the building piers and stairs, are to be designed and constructed to be resilient to the effects of flood water and minimise loss of floodplain storage. Fencing located below the DFE is to be designed to allow the free passage of flood waters, with the design details provided with the development application for Operational Works (Landscaping).
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
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 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Qualified Person
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Stormwater, Earthworks, Landscaping and Access
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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