Council archive · source document
planning report 2.27 ross cres · 132001.210327.1
Development Application
Planning Report
Minor Change to Existing Approval – 22440DA
Situated at Lot 2 / 27 Ross Crescent, Sunshine Beach
(2GTP100897)
Page 1 of 14
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull 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
planning report 2.27 ross cres.pdfRelated documentApplication case desk ↗
About this file
- File size
- 3.9 MB (large file)
- File type
No other editions are linked here.
Original file
Log in to download the original file
The download may take up to a minute.