Skip to the record
Trusted by locals. Built for Noosa.

Council archive · source document

planning report 2.27 ross cres · 132001.210327.1

of 14

Text shows just the words. Original shows the document exactly as it was published.

          Development Application
              Planning Report


    Minor Change to Existing Approval – 22440DA
Situated at Lot 2 / 27 Ross Crescent, Sunshine Beach
                     (2GTP100897)




                                                Page 1 of 14
Full text of the other 13 pages

Page 2

Contents
1.0        Summary ......................................................................................................................... 3
    1.1       Development application details ............................................................................................. 3
    1.2       Planning instrument details ..................................................................................................... 3
    1.3       Referral agencies ..................................................................................................................... 3
    1.4       Background Approvals ............................................................................................................. 3
2      Site details .......................................................................................................................... 4
    2.1       Site description ....................................................................................................................... 4
    2.2       Surrounding land uses ............................................................................................................. 4
3      Proposed development details ............................................................................................ 5
4      Planning assessment ........................................................................................................... 6
4.1        Minor Change Assessment ............................................................................................... 6
    4.2    Key issues ............................................................................................................................... 8
      4.2.1 22440DA Compliance ....................................................................................................................... 8
      4.2.2 The Noosa Plan (Building Works Code) ............................................................................................ 9
      4.2.3 Coastal Protection and Scenic Amenity Overlay ............................................................................ 10
      4.2.4 Landslide Hazard Overlay ............................................................................................................... 11
      4.2.5 Engineering Works Codes ............................................................................................................... 12
5.0        State assessment and other matters .............................................................................. 13
    5.1    State interests ....................................................................................................................... 13
      5.1.1 Matters established in the Planning Regulation ............................................................................ 13
      5.1.2 State Planning Policy ...................................................................................................................... 13
6.0        Conclusion .................................................................................................................... 14




Client Name:           Peter Flavel
Prepared by:           Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:               1
Date:                  10/09/2024




This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken because of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.




                                                                                                                                          Page 2 of 14

Page 3

1.0 Summary

1.1 Development application details
 Proposed development:           Minor Change to Existing Approval (22440DA) Lot 2 - Group
                                 Title Development 'The Beach Houses'
 Type of approval sought:        Minor Change to Existing Approval
 Site address:                   Lot 2 / 27 Ross Cres, Sunshine Beach (The Beach Houses)
 Real property description:      2/GTP100897
 Site area:                      1,104m2
 Assessment manager:             Noosa Council
 Owner details:                  P Flavel
 Applicant details:              P Flavel c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:          Nil
 Regional plan:                  SEQ Regional Plan 2009–2031 (version commenced 2 May
 Designation:                    2014), urban footprint designation.
 Planning scheme:                The Noosa Plan
 Zone:                           Detached Housing zone
 Level of assessment:            Minor Change
 Applicable overlays:            Coastal Protection
                                 Slide Hazard
 Applicable codes:               Building Works Code
                                 Natural Resources Overlay Code (Coastal Protection)
                                 Natural Hazards Overlay Code


1.3 Referral agencies
Nil


1.4 Background Approvals
On the 7 January 1994, Council approved a Plan of Development for the 10 Dwelling Unit Group
Housing Development (The Beach Houses).

In 2001, Council approved
extensions to the existing
dwelling house house for Lot 8
(22440DA).




                                        Figure 1: Existing approval plans




                                                                                  Page 3 of 14

Page 4

2 Site details
2.1 Site description
Table 1: Site description
 Site characteristic                                       Description

 Existing land use          Dwelling Unit

 Frontage and access        Private access driveway from Ross Crescent

 Topography and views       The site slopes from the west to the east.

 Existing vegetation        The site is surrounded by landscaping. No vegetation is proposed to be
                            removed for the changes.




                     Figure 2: Aerial view and site identification with zoning
                                 Source: Noosa Council Mapping System




                               Figure 3: Coastal Hazards Mapping
                                 Source: Noosa Council Mapping System


2.2 Surrounding land uses
                                                                                       Page 4 of 14

Page 5

Table 2: Surrounding land uses
 Surrounding land uses

  North     Lot 3 – dwelling house (modern architecture)

  South     Lot 1 – split level design dwelling house

   East     Coastal protection resreve

  West      Lot 10 – 20m away and higher elevation looking over the top of the site 32m AHD
            (site is at 24m AHD).


3 Proposed development details
Table 3: Summary of development aspects
 Building height                            <8m relative to ground level

 Gross Floor Area                           330m2

 Site access                                No Change




                            Figure 4: Site Plan (Existing and Proposed)


In accordance with the existing approval for Group Housing on the site, the following conditions
require amendment (Additions bold underlined and deleted text strikethrough).
   10. Development undertaken in accordance with this approval must generally comply with the approved plans of
       development. The approved plans are numbered 0119.01 and 0119.02 prepared by Stephen Kidd Design and
       dated Oct 2001 drawing no. 2000, 2001, 2002, 2003, 2004, 2005, 3000, 3001, 3002, 3003, 3004, 4000, 4001,
       4002, 4003 rev DD5 and dated 02/09/24 prepared by Sealand Architects as may be amended by these
       conditions.




                                                                                                  Page 5 of 14

Page 6

4 Planning assessment

4.1 Minor Change Assessment
An assessment against the meaning of minor change and a response about the proposed application
provided thereafter underlined. The Planning Act 2016 defines a minor change as a change to the
approval that:

       i. would not result in a substantially different development*;
              (*In determining whether the proposed change would result in substantially different
              development, the assessment manager or referral agency must consider the
              individual circumstances of the development, in the context of the change proposed.)

              A change may be considered to result in a substantially different development if the
              proposed change:

                -   Involves a new use; or

       Response: The proposed development does not change the existing Group Housing Density
       Approval Density.

                -   Results in the application applying to a new parcel of land; or

       Response: No new parcels of land are applicable.

                -   Dramatically changes the built form in terms of scale, bulk and appearance; or

       Response: The changes are consistent with the bulk, scale and appearance of the existing
       Group House on the site.

                -   Changes the ability of the proposed development to operate as intended; or

       Response: The site will still be used as a Group House lot.

                -   Removes a component that is integral to the operation of the development; or

       Response: There are no components being removed from the development integral to the
       operation of the development.

                -   Significantly impacts on traffic flow and the transport network, such as
                    increasing traffic to the site; or

       Response: No change

                -   Introduces new impacts or increases the severity of known impacts; or

       Response: No new impacts are introduced.

                -   Removes an incentive or offset component that would have balanced the
                    negative impact of the development; or

       Response: The proposal does not remove an incentive or offset.

                -   Impacts on infrastructure provisions.

       Response: No change.



                                                                                       Page 6 of 14

Page 7

       ii. if a development application for the development, including the change, were made
       when the change application is made would not cause—

              A. the inclusion of prohibited development in the application; or

       Response: The change does not include any prohibited development.

              B. referral to a referral agency, other than to the chief executive, if there were no
                 referral agencies for the development application; or

       Response: No referral agencies were applicable to the original application.

              C. referral to extra referral agencies, other than to the chief executive; or

       Response: No referral agencies are applicable to the current development.

              D. a referral agency to assess the application against, or have regard to, matters
                 prescribed by regulation under section 55(2), other than matters the referral
                 agency must have assessed the application against, or have had regard to, when
                 the application was made; or

       Response: The proposed change would not result in the chief executive having to consider
       matters additional to those considered when the application was made.

              E. public notification if public notification was not required for the development
                 application.

       Response: The change does not require the application to be publicly notified.

Given the above, the proposed change to the existing approval is a minor change in accordance with
Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.

Deciding the Request

In accordance with S81 of The Planning Act 2016, Noosa Council must only consider the information
provided and any other matter considered relevant, including — all matters Council would or may
assess against or have regard to, if the change application were a development application.

Noosa Council must only consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made. However, may give
weight they consider appropriate, in the circumstances, to—

       (a) the statutory instrument or other document as in effect when the change application was
       made (Superseded Planning Scheme); or
       (b) if the statutory instrument or other document is amended or replaced after the change
       application is made but before it is decided—the amended or replacement instrument or
       document; or
       (c) another statutory instrument—
                (i) that comes into effect after the change application is made but before it is decided;
                and
                (ii) that the responsible entity would have been required to consider if the instrument
                had been in effect when the development application for the development approval
                was properly made.




                                                                                              Page 7 of 14

Page 8

4.2      Key issues
4.2.1 22440DA Compliance
The existing 224400DA approval was approved under the Superseded Planning Scheme and The
Plan of Development. The following table provides an assessment of the proposal against the
parameters of the table of assessment.


       Plan of Development        Existing Dwelling                    Proposal
             Provisions                 House
 GFA - Max 400m2                        248m2                           330m2
 Building Height
     2 storeys                        1 storey                         2 storey
     8 metres                        5.8 metres                       7.5 metres
     3 levels                          1 level                          2 levels
 Building Setbacks
     Min 1.5m or half the           North - 1.5m       North – 2m to eave and 3m to family room
     building height, whichever     South - 1.5m             South - 2.5m to eave of office
     is the greater                  East - 2.0m            East – nil to increased deck area
                                    West - 1.5m                         West - 1.5m


The proposal is generally consistent with the specific Plan of Development requirements. There are
small changes required relating to the setback to the pool deck to the east and the split level family
room to the northern boundary as shown below.




                Figure 5: Nearmap plan showing northern and eastern setbacks




                                                                                          Page 8 of 14

Page 9

          Figure 6: Nearmap Oblique plan showing northern and eastern setbacks



There is significant existing vegetation between both the setback locations, which will not impact on
the adjoining amenity of residents. These small encroachments are consistent with the built form
pattern within the Plan of Development Group Housing development.


4.2.2 The Noosa Plan (Building Works Code)
The proposed development meets all the Accepted Outcomes of the Building Works Code. as
demonstrated in the table below.

 Parameter        Requirement                     Proposal                            Compliance

 Height           8m and 2 Storeys                No Change                                 Y

 Site Cover       50% ground floor                Birds eye = 446m2 (40%)                   Y
                  30% first floor




 Landscaping      20% soft landscaping            >20%                                      Y

 Materials and    Appropriate colours that        Landscaped roof forms, board              Y
 Finishes         blend into the natural          form concrete, stone walls,
                  environment                     smooth renders and timber
                                                  battening suitable to the coastal
                                                  conditions and to match in with
                                                  surrounding buildings.




                                                                                         Page 9 of 14

Page 10

4.2.3 Coastal Protection and Scenic Amenity Overlay
8.2.4 Coastal Protection and Scenic Amenity Overlay Code

Performance Outcome                                 Acceptable Outcome                          Compliance

PO1                                            No acceptable outcome provided.                  Complies – The proposed additions are located outside the
Development allows for natural fluctuations of                                                  Erosion Prone Mapping Area.
the coast and foreshores to occur, including
allowance of climate change.

Editor's note—Coastal erosion areas are
identified on Council's online mapping for the
years 2040, 2070 and 2100.

PO2                                                 No acceptable outcome provided.
Development is       located,    designed    and
constructed to:

1. maintain dune crest heights and minimise
   and mitigate the risk to development from
   wave overtopping and storm tide inundation;
   and

2. maintain or enhance coastal ecosystems and
   natural features such as coastal creeks and
   marine plants including mangroves, salt
   marshes and coastal wetlands, to assist in
   protecting and buffering communities and
   infrastructure from sea-level rise and coastal
   inundation impacts

PO3                                                No acceptable outcome provided.              Not Applicable – No Coastal Building Line
Where a coastal building line exists on a lot, all
buildings, structures and retaining walls do not
extend seaward of the coastal building line for
the site, other than—

3. uncovered and unenclosed cantilevered
   balconies that do not extend greater than 3
   metres seaward of the coastal building line;
   and

4. are setback a minimum of 6 metres from the
   seaward boundary (see Figure 8.2.4.4).


Editor's Note—State coastal building lines are
identified on the Coastal Protection Overlay
Maps. State coastal building lines are declared
under the Coastal Protection and Management
Act 1995.

PO4                                             No acceptable outcome provided.                  The pool deck extends to the boundary to provide additional
Where a coastal building line does not exist on                                                 amenity around the existing pool. The height of the deck is 1.3m
a lot fronting the beachfront or a reserve                                                      so as not to require pool glazing around the edge. Althoush this
adjoining the beachfront, new buildings and                                                     is technically a structure within setback it supports an existing
structures are setback no less than 6 metres                                                    structure within the setback.
from the seaward boundary of the site.


PO5                                                AO5                                       The proposal provides for the replacement of the existing deck
Development within the Coastal Protection and A mix of native landscaping, such as along the eastern boundary and maintains the existing setbacks
Scenic Amenity Area is—                            ground covers, shrubs and trees, is to most of the site. There is an existing retaining wall along the
                                                   provided for a width of 5 metres from the eastern boundary that is to remain within the coastal reserve.
5. designed to protect character and scenic seaward or rear boundary of the site to The applicant is willing to accept conditions for the additional
   amenity and integrate with the surrounding provide adequate landscape buffering to landscaping within parts of the coastal reserve.
   natural              landscape              and protect the coastal dune system.
   skyline vegetation (see Figure AP3-3A); and
                                                   Editor's Note—Refer to the Table 3.1 &
6. finished predominately in colours and hues
                                                   3.2 of PSP2 Landscaping for suitable
   of the surrounding natural landscape.
                                                   coastal species.


                                                    Editor's Note The following is a useful
                                                    guide for ensuring that buildings blend
                                                    with     the     natural     surrounds.

                                                    External building materials  that    are
                                                    lightweight and comprise predominantly
                                                    timber or board, stainless steel, glass,
                                                    and corrugated iron will generally be
                                                    more in keeping with the beach/riverside
                                                    character than concrete rendered block.

                                                    Use external colours and roof finishes
                                                    which are non-reflective and which do not
                                                    cause glare. Shades that match the
                                                    colours       and         tones        of
                                                    surrounding vegetation will ensure the

                                                                                                                                              Page 10 of 14

Page 11

                                                  buildings are less visually prominent from
                                                  the     beach        or      the    water.

                                                  Appropriate wall colours will depend on
                                                  the    existing    native vegetation and
                                                  backdrop, but may include muted
                                                  earth/environmental tones that blend with
                                                  the natural environment.

PO6                                             AO6.1                                     The site currently does not include any rear fences to the reserve
Rear fences adjacent to the beachfront within Rear fences adjacent to the beachfront and there is no proposal for a fence along this boundary. The
the Coastal Protection Area are designed and within the Coastal Protection Area Beaches development includes a communal access to the beach
sited to be sympathetic with the visual amenity incorporate the following—                that was incorporated as part of the Plan of development.
of the beachfront and do not degrade the
natural beachfront character.                   1.   height of no  more  than 1.2 metres;
                                                     and

                                                  2.   open construction (ie at least 50%
                                                       transparent);

                                                  3.   lightweight materials (eg. timber);
                                                       and

                                                  4.   dark colours to blend with the natural
                                                       landscape.


                                                  AO6.2
                                                  Gates are not installed in fences as
                                                  direct access to the beachfront does not
                                                  occur.

                                                  AO6.3
                                                  Only beach access points for use by the
                                                  community are constructed.




4.2.4 Landslide Hazard Overlay
The site is currently mapped as being within a broad area identified as containing potential landslide
hazard area under The Noosa Plan. A site-specific geotechnical report is included from Arcos
Engineers giving recommendations to ensure the stability of the site construction works including
footing design and piling. By developing in accordance with these recommendations the stability of
the site will be maintained in accordance with the outcomes of the overlay code.




                                          Figure 7: Geotechnical borehole locations




                                                                                                                                         Page 11 of 14

Page 12

4.2.5 Engineering Works Codes
A stormwater management plan is also included with the application by Arcos Engineers, which
investigated the existing rubble pit at the rear of the site. The engineers recommend the installation
of a second rubble pit to cater for the new roof areas proposed. This proposal reduces the amount
of scour to the sand dune and will be designed onsite in accordance with the geotechnical
recommendations.




                       Figure 8: Stormwater management plan markups




                                                                                         Page 12 of 14

Page 13

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The following assessment benchmarks are
applicable and have been appropriately considered in preparing this development application:

 State interest           Assessment against assessment benchmark
 Coastal Environment      The site is within the State’s wider Erosion Prone Area mapping, however
                          the proposed new works are not located within Council’s identified storm
                          hazard areas.
                          The relevant State Interest seeks for the coastal environment to be
                          protected and enhanced, while supporting opportunities for coastal-
                          dependent development, within compatible urban form along the state’s
                          coastal land.
                          The proposed works are predominantly located on the land side of the
                          existing house and do not impact on the erosion prone areas. The site is
                          also within the urban footprint and meets the relevant provisions to
                          protect the coastal environment.




                   Figure 9: SPP Mapping for the Beaches Development




                                                                                    Page 13 of 14

Page 14

6.0 Conclusion
This application seeks a minor change to condition 10 of the existing approval 44220DA. The
proposed development complies with the definition of a minor change under Schedule 2 of the
Planning Act 2016 and is not substantially different development in accordance with Schedule 1 of
the DA Rules 2017.

The assessment finds the proposal respects the existing development approval for group housing
and generally meets the relevant statutory instruments including The Noosa Plan requirements,
subject to the following reasons:

   •   The high-quality building and landscaping design enhances the coastal character of the area
       which is sympathetic and does not detrimentally impact the locality; and

   •   The design is sympathetic to the coastal environment protects the visual amenity enjoyed by
       users and others.

The Assessment Manager’s favourable consideration of the above development application is
therefore recommended. Please contact me if you require any further information and/or clarification
with respect to the above application.




                                                                                        Page 14 of 14

Used in these records

About this file

File size
3.9 MB (large file)
File type
PDF

No other editions are linked here.

Original file

Log in to download the original file

planning report 2.27 ross cres.pdf · 3.9 MB (large file)

The download may take up to a minute.

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.