Development Application For Material Change Of Use For A Detached House Situated At 71 Seaview Terrace, Sunshine Beach - MCU14/0084

DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A DETACHED HOUSE SITUATED AT 71 SEAVIEW TERRACE, SUNSHINE BEACH - MCU14/0084

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM/ Application/ MCU14/0084

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Universal Property Company Establishment C/ Martoo Consulting
Proposal	Development Permit for a Material Change of Use for a Detached House
Properly Made Date	29/10/2014
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	12/03/2015
Number of Submissions	Not Applicable (Code Assessable)

PROPERTY DETAILS
Property Address	71 Seaview Terrace, Sunshine Beach
RP Description	Lot 1 RP 197117
Land Area	9942m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Rural Settlement and Open Space Conservation
Overlays	Biodiversity Overlay – Environmental Protection Natural Hazards Overlay – Low Potential Acid Sulfate Soils Natural Hazards Overlay – Landslide Hazard Natural Hazards Overlay – Medium Bushfire Hazard Natural Resources Overlay – Coastal Protection Area
Assessment Type	Code Assessable

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 3 March 2015 regarding Application No. MCU14/0084 for a Development Permit for Detached House situated at 71 Seaview Terrace, Sunshine Beach and approve the application in accordance with the following 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, prepared by	Date
SK 02.02	P1	Survey Plan, prepared by NRA	23.10.2014
SK 03.01	P1	Level 1 Floor Plan, prepared by NRA	23.10.2014
SK 03.02	P1	Level 2, prepared by NRA	07.10.2014
SK 03.03	P1	Level 3 Floor Plan, prepared by NRA	23.10.2014
SK 05.01	P1	Section 1, prepared by NRA	07.10.2014
SK 05.02	P1	Section 2, prepared by NRA	07.10.2014
SK 05.03	P1	Section 3, prepared by NRA	07.10.2014
SK 05.06	P1	3D Views, prepared by NRA	07.10.2014

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.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does 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 $40,000 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.
Built Form
The proposal must incorporate a green roof as indicated on the approved plans.
Setbacks
Earth mounding for the green roof must not exceed 1m above the natural ground level within the southern boundary setback area.
The combined height of the block wall and the beam on top of the contiguous piles along the western boundary must not exceed 1m above the natural ground level.
The building must be setback 6m from the southern boundary, except for construction elements such as contiguous piling and the ‘dry zone’ which must be setback a minimum of 1.5m at the light court. The contiguous piling and the ‘dry zone’ to the east and west of the light court must be setback in accordance with the approved plans.
Landscaping
All landscaping works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. A landscape plan prepared by a suitably qualified person must be submitted and include in particular:
further detail on the ‘green roof’ specific for the development
area of the roof that is proposed ‘green’ and areas that are proposed off form concrete
species list and density of plantings
incorporation of screening plants along the southern boundary adjacent to the light court and stairs
Existing trees on site must be retained, except where required to be removed to accommodate the approved dwelling. In this regard, the removal of vegetation must not extend beyond 3m of the building footprint.
No clearing is permitted within the Open Space Conservation zone.
All trees being retained and the Open Space Conservation zone must be protected from clearing or construction activities by:
clearly delineating the Open Space Conservation zone boundary with protective fencing
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.
Coastal Protection
External colours and finishes of the building must comprise muted/environmental tones that blend with the natural environment.
Vehicle Access
The construction and associated activities (deliveries, parking, etc.) must not impede the legal use of the access handle by any benefitted property or person.
Construction
A Condition Survey must be carried out on adjoining buildings, structures and services prior to any demolition, excavation or construction works taking place on site.  If distress already exists, a photographic survey should be undertaken, the distress measured and a plan to monitor changes to distress must be implemented. Copies of these surveys must be submitted to Council for its records.
A Construction Management Plan for the development must be submitted to and approved by Council at least 5 working days prior to the commencement of any Building works or at least 5 working days prior to the pre-start meeting for Operational Works.  The Construction Management Plan shall include but not be limited to:
site working hours
communication and consultation processes with surrounding premises.
control and suppression of –
noise
vibration;
dust;
odours and exhausts control; and
site working hours
employee and contractor induction and education processes.
A Traffic Management Plan for each separate construction phase of the development must be submitted to and approved by Council at least 5 working days prior to the commencement of any works or at least 5 working days prior to the pre-start meeting for Operational Works.  The Traffic Management Plan must include but not be limited to:
limiting the routes for the heavy vehicles to the major road network and define the route to the site
indicate provision for on-site and off-site parking and shuttle buses (if required) for the required workforce
indicate the location of loading and unloading areas within the site
indicate the location of any “holding” areas for heavy vehicles
operating hours.
Construction staff must not park within Seaview Terrace, the Council carpark in Seaview Terrace, McAnally Drive or any other surrounding street.  Parking must either be on site or at a suitable off-site location serviced via a shuttle bus.  Details must be included in the Traffic Management Plans for the site.
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 the blockage of, or interference with, any natural watercourses.
The use of vibratory equipment of any kind is not permitted to be used (including vibrating rollers and the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques) unless approved and supervised by a Certified Geotechnical Engineer.  Under such circumstances the operator of such equipment must at all times comply with the directions of the Geotechnical Engineer.
The excavation of the site and the construction of the proposed works must not have any adverse effects on the stability of adjoining buildings and/or structures and/or services and/or lands. In this respect, a Registered Professional Engineer Queensland must supervise the excavation of the site and the construction of the new works to determine whether any additional measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands.
Site Stability
The design and construction of the development must be carried out generally in accordance with the Geotechnical Study prepared by Morrison Geotechnic Job: DE14/231 dated October 2014 and the “Structural Design Concept” Job No14517 Issue B prepared by TOD Noosa dated 29 July 2014. The documents must be revised to include the following:
a contingency plan and alternative design should the piled footing system as designed not be achievable due to unsafe working conditions or unexpected ground conditions
the document must be submitted to Council at the time of Operational Works approval.
Should the recommendations of the geotechnical report or contingency plan require any part of the works (including excavation, retaining structures, tie backs, etc.) to be temporarily or permanently constructed within any adjoining property, a letter of authority from the adjoining property owner(s) must be obtained prior to the issue of the building permit.
A suitably qualified and accredited consultant must undertake a detailed check to establish that a stable working platform has been constructed in accordance with the design prior to the use of heavy equipment or plant likely to cause vibrations on the site. Certification of the works to this stage must be provided to Council.
A suitably qualified and accredited consultant must undertake a detailed check to establish that the screw pile and CFA piles have been installed in accordance with the design and that the required pile capacities have been achieved. Certification of the pile systems must be provided to Council.
At the completion of the development a suitably qualified and accredited consultant must provide certification to Council that states that:
the development has been undertaken in accordance with the design
the development will not have any long term effects on the stability of the subject site or any adjoining properties
the site has a minimum factor of safety against landslip of 1.5.
Stormwater
A detailed stormwater drainage design prepared and certified by an RPEQ must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the development must not cause an increase in the volume and velocity of waters discharged into the existing gully at the north of the house site in a Q2 (0.393AEP), Q5 (0.181AEP), Q10(0.095AEP), Q50 (0.020AEP)and Q100 (0.010AEP) rainfall event
all stormwater collected and outlet from the development (including the external catchment and driveway areas) must be outlet below the level of 26m AHD
stormwater outlets must not have potential to create concentrated flow paths or generate flows sufficient to erode or scour the loose surface sands
all stormwater outlet locations must include energy dissipaters designed in accordance with QDUM in conjunction with level spreaders constructed parallel to the contour to facilitate dispersed sheet to  disperse flows across the site to pre development velocities in a Q2 (0.393AEP), Q5 (0.181AEP), Q10 (0.095AEP), Q50 (0.020AEP) and Q100 (0.010AEP) rainfall event at the location where waters discharge from the level spreaders
include detail design which demonstrates that drain outlets do not have any realistic potential to create concentrated flow paths or generate flows sufficient to erode or scour the loose surface sands
stormwater infiltration pits are prohibited
excavation/filling for stormwater infrastructure within the Open Space Conservation zone must:
be undertaken by hand and not by mechanical means
be aligned  and located to avoid disturbance to existing vegetation
the exact alignment of infrastructure must be determined onsite with a Council delegate
include Erosion and Sediment Control measures in accordance with industry best practice (IECCA and the Manual for Erosion and Sediment Control Volume 1.2 by Sunshine Coast Regional Council) to demonstrate that erosion is unlikely to occur during the construction phase of the development
Until such time all construction, landscaping and building works are complete and the site is effectively stabilised, construction and vegetation clearing activities must be managed such that appropriate emergency stabilization measures are retained on the site and implemented prior to rainfall to prevent erosion.
Pool water overflow must be discharged to sewer.
All site fencing must be installed and maintained to facilitate natural overland flows. Fencing must not cause collection and concentration of stormwater flows.
General
Any damage caused to any public utility during the course of construction must be repaired to council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site must be at no cost to Council.
The transportation of all materials to and from the site must be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site must be covered to prevent materials including dust being windblown from the vehicle.
Advisory Notes
Building and Construction Industry (Portable Long Service Leave) Levy

The QLeave levy must be paid prior to the issue of a development permit where it is required.  Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.

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.

Qualified Person

For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.

REPORT
PROPOSAL
The proposal is for a Development Permit for a Material Change of Use – Detached House. The 2 storey 1361m² dwelling is triangular in shape and consists of a curved ‘green roof’ and 3 levels. Level 1 includes a games room, cinema, gym, steam room, sauna, treatment/relaxation room and an outdoor entertainment area overlooking a pool and Jacuzzi. Level 2 consists of the kitchen, living, media room and seven bedrooms all with an ensuite. Level 3 comprises vehicular access, 6 vehicle accommodation, office, entry and a bedroom. The applicant has provided a Stormwater Management Report, Landscaping Report for the Green Roof, Structural Report, Geotechnical Report and a Preliminary Construction Management Plan addressing carparking onsite during construction. The application is before Council as the site is a prominent location. Figure 1 below shows the proposal inserted into a photo.

Figure 1 – Photo insert of the proposal
site details
Background
Council approved a Material Change of Use for a Detached House on 3 October 2011. The dwelling was assessed against the superseded planning scheme and was impact assessable. A submitter and the applicant appealed Council’s decision. The applicant subsequently withdrew from the appeal and consequently the house was refused on 1 November 2013.
Site Description
The lot has an area of 9942m², is rectangular in shape, adjacent to the southern boundary of Noosa National Park and accessed by approximately a 6 metre wide shared driveway easement from the Seaview Terrace cul-de-sac. The lot slopes steeply from the western boundary to the northeast and east toward a small valley within the Noosa National Park and the frontal dune of Sunshine Beach. The dune within the lot generally curves around towards the northwest. Its profile is steeply sloping between 23° and 32°, with a variety of coastal dune vegetation coverage. A wetland fed from a stream flow from Noosa National Park exists in the northeast portion of the lot. The location of the subject site is shown in Figure 2 below.

Figure 2 - Subject Site is the most northern residential lot adjacent to the Sunshine Beach and Noosa National Park.
Surrounding Land Uses
The lot is bounded to the north by Noosa National Park, to the east by Sunshine Beach (adjacent to the dog beach) and residential dwellings to the south and west.
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
State Planning Policies
The proposal meets the Integrated Development Assessment requirements of State Planning Policy 2014.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions.
State Development Assessment Provisions
The site is mapped as being located in a Coastal Management District. In accordance with the Sustainable Planning Regulations a Material Change of Use requires referral to the State where building work is carried out completely or partly in coastal management district that has a gross floor area (GFA) greater than 1000m². Therefore, the proposal with a GFA of 1361m²  is subject to assessment against Module 10 of the State Development Assessment Provisions – Tidal works, or development in a Coastal Management District State Code.
The State Code seeks to minimise the potential risks from coastal hazard inundation by maintaining the protective functions of landforms in a coastal hazard environment. The proposal complies with the State Code as it is setback between 115m – 200m from the beachfront and between 60m - 120m from the seaward boundary, well above any impacts from inundation. The native vegetation within this setback is being retained and is also protected by the Open Space Conservation zoning and the Biodiversity Overlay of the Planning Scheme. A preliminary Stormwater Water Management Plan has been submitted by a suitably qualified engineer to demonstrate stormwater can be addressed without negative impacts on the dune system.
Statutory Instruments – Planning Scheme
The subject site is located in the Eastern Beaches Locality and is zoned Rural Settlement and Open Space Conservation. The proposed use is contained within the Rural Settlement zone and is therefore identified as consistent use within this zone and is required to follow a code assessable application process. No building works are proposed within the area zoned Open Space Conservation.
Land Use & Works Provisions
The application has been assessed against the Detached House Code. The pertinent issues arising out of the assessment against the codes are discussed below:
Setbacks
The Code requires a 6m setback to the western and southern boundaries and 20m to the Noosa National Park boundary. Some areas of the ‘green roof’ earth mounds taper down into the southern boundary 6m setback. These encroachments are mounded fill designed to allow the ground level to integrate into the off form concrete ‘green roof’ sub-structure. These encroachments raise no concern because of the landscaping nature of the encroachment. However, a condition may be imposed to ensure the off form concrete ‘green roof’ sub-structure maintains the required 6m and the mounded fill does not exceed 1m above the natural ground level so not to cause any amenity issues.
The proposal complies with other boundary setback requirements apart from some proposed structural construction elements such as contiguous piling and retaining walls located within the western and southern setback areas. These class 10b structures are either sub surface, at ground level or less than 1m above the natural ground level and are exempt from Schedule 1 – Setbacks of the Planning Scheme.
The driveway is located along the western boundary within the setback. A retaining wall is proposed along the length of the driveway to support the structural integrity of the western neighbour’s pool and for the cut of the driveway. The proposal does not raise any amenity or privacy concerns as the neighbouring pool deck, built close to the boundary, is considerably higher (approximately 4m higher) than the driveway and is unlikely to be seen by the neighbour.  The structural design of the retaining wall does not allow for any landscaping along this boundary. However, the ‘green roof’ design will provide a landscaped view from the neighbouring property which would be softer than viewing a traditional tile or colorbond roof finish.
Construction issues
Given the building area is located at the end of an access handle, the lot is steeply sloping and the scale of the building, the proposal presents some significant building challenges. A slope stability report, preliminary stormwater management plan and a preliminary construction management plan have been submitted to demonstrate the development can be constructed safely and can minimise impacts on the surrounding residents.
Parking raises some concern as the site has limited scope for parking contractor vehicles, given the site constraints and that Seaview Terrace is narrow and parking is limited to only the western side of the street. To help mitigate parking problems in Seaview Terrace and surrounding streets, a condition may be imposed prohibiting construction vehicle parking along Seaview Terrace or surrounds. This has been highlighted with the applicant and has been addressed in the preliminary construction management plan.
Open Space Conservation zone
Stormwater infrastructure
Given the sloping site and the sandy nature of the landform it is important that stormwater is managed properly to maintain slope stability and negate any potential impact on the lot, Noosa National Park and the neighbouring property. Therefore some stormwater infrastructure is required to traverse the Open Space Conservation zone to disperse stormwater below 26m AHD where the landform is flatter. The minor excavation required for the infrastructure (likely to be 1 or 2 small PVC stormwater pipes) is unlikely to negatively impact on the environmental values of the Open Space Conservation zone. To ensure the installation does not impact on the vegetation or slope stability, a condition may be imposed to ensure that low impact construction techniques are used. An operational works application is required for stormwater management and installation.
Existing pathway
An existing pathway is located within the Open Space Conservation zone and a Coastal Protection Area. The path is used for beach access and meanders through the property to the unformed road reserve of the Esplanade and then to the beach front.
The intent of both the Open Space Conservation zone and the Coastal Protection area overlay provisions are similar. The Coastal Protection provisions seek to ensure ‘that development does not cause any significant adverse impacts on the coastal resources’ or ‘interrupt the natural cycles of erosion and accretion’. Over the years the path has integrated with its surrounds and to date has not caused any significant impacts on coastal resources or impacted on site stability. In terms of erosion and accretion, the path is constructed of timber and finishes at the lot’s seaward boundary, which is setback approximately 70m from the toe of the fore dune. It is therefore unlikely the path will interrupt these natural cycles into the future, given the substantial setback to the fore dune.  Retaining the pathway should not have any adverse impacts on the environmental values of the land, Noosa National Park or the fore dune. No works to the pathway are proposed as part of this application. Any future works to the path would be subject to an operational works approval.
Natural Resources Overlay Code
The Natural Resources Overlay Code for Coastal Protection requires a minimum landscape buffer of 5m to the seaward boundary and a building setback of 6m. The proposal complies with these provisions being setback between 60m and 120m from the seaward boundary and is retaining the existing native vegetation.
General
The proposal is sited wholly within the Rural Settlement zone of the lot where the vegetation has been interfered with historically. The ‘green roof’ will soften the development when viewed from Noosa National Park, the beach and surrounding properties. Although there is some extensive cut and fill on a sloping site, the proposal steps down the slope and will likely visually integrate into the hillside better than the surrounding traditionally designed dwellings.

cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agency:
Concurrence
State Development, Infrastructure and Planning
The Department is a concurrence agency as the proposal is for a material change of use, being a residential use greater than 1000m² in a Coastal Management District. The Department had no concerns with the proposal subject to conditions that minimise adverse impacts on coastal resources and their values.
Other Referrals
The application was forwarded to Unitywater and the following internal Council specialists:
Engineering Officer
Environment Officer/Ecologist

conclusion
The proposal is a large scale dwelling that has been designed within the parameters contained in the Detached House Code. The applicant has provided specialist reports and engineering drawings that demonstrate the proposal can be constructed to maintain the stability of the site, the safety of people and property. The proposal complies with the provisions of the Detached House Code and the Natural Resources Overlay Code and is 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	3 MARCH 2015

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Council		Report