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20180497 - NSC MCU Request - Coastal Protection Area · MCU18/0206

Attached to the e-mail Detached House in Coastal Protection - MCU18/0206.

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        REQUEST FOR MATERIAL CHANGE OF USE




NOOSA COUNCIL
PO BOX 141
TEWANTIN QLD 4565

20 December 2018

Dear Sir/ Madam,

    PROPOSED MATERIAL CHANGE OF USE, LOCATED AT 49 SEAVIEW TERRACE SUNSHINE BEACH 4567.

I write on behalf of my clients, DEBORAH & ALAN KERR as owners of the property located at 49 SEAVIEW TERRACE
SUNSHINE BEACH 4567 described as LOT 88 RP 81810.

My client proposes to construct a new dwelling within the Coastal Protection overlay, so assessment against the relevant
provisions of the Natural Resources Overlay Code is required. The proposal also requires assessment against the Specific
Outcomes of the Detached House Code, as the roof and projections are over 8m high and there is a roof top terrace area.
In addition, the siting of the dwelling would result in a front boundary setback of 4m to the outermost projection of the
structure. Therefore, I request Council’s favourable response to the attached application

                                         Site location and existing conditions
Full text of the other 4 pages

Page 2

The site has frontage to Seaview Terrace on two sides as it is located on the western side of a bend in Seaview Terrace,
Sunshine Beach. Vehicular access is on the eastern side of the lot. The lot has a land area of 579.75m2 and is located in
the Detached Housing Zone. The site is covered by a Slide hazard overlay and slopes from the northern rear boundary to
the southern road boundary. Dwellings are located to the north and west of the site on which the existing dwelling will be
demolished for the proposed dwelling. Urban infrastructure of water, sewer, stormwater and electricity is provided.

Together with the attached proposed plans and or specifications, I provide the following information addressing the
relevant Performance Criteria:

 Natural Resources Code
 Table 13.17 Coastal Protection Areas

 Specific Outcome :
                 Specific Outcomes                                               Supporting Information
 O16    The siting and design of development and           • The acceptable solutions require native landscaping to be
        materials used within the Coastal Protection         provided to the seaward or rear boundary to protect the dunes.
        Area, as identified on the Natural Resources         This lot is not located on the sea side of the road, so this is not
        Overlay Maps, do not cause any significant           applicable
        adverse impacts on the coastal resources of
        the location nor interrupt the natural cycles of
        erosion and accretion of foreshore areas and
         beaches.
 O17     Buildings, structures and works within the        • The acceptable solutions require native landscaping to be
         Coastal Protection Area that are visible from       provided to the seaward or rear boundary to protect the
         the beach—                                          character of the beachfront. This lot is not located on the sea
         a) are designed to protect the character of         side of the road, so this is not applicable
         the beachfront when viewed from the water
         and integrate with the surrounding natural
         landscape and skyline vegetation (see
         Figure 13.6); and
         b) are finished predominately in colours and
         hues of the surrounding natural landscape.
 O18     Buildings and other structures including          • The lot is west of the coastal building line.
         swimming pools and retaining walls do not
         extend seaward of the coastal building line
         except—
         a) uncovered and unenclosed cantilevered
         balconies that do not extend greater than
         3m seaward of the coastal building line;
         and
         b) are setback a minimum of 6m from the
         seaward boundary
 O19     Where a coastal building line does not exist      • The lot is not located on the sea side of the road, so this is not
         on properties fronting the beachfront or a          applicable.
         reserve adjoining the beachfront– buildings,
         other structures and retaining walls are
         setback a minimum of 6m from the seaward
         boundary of the site

 O20     Rear fences adjacent to the beachfront            • The lot is not located on the sea side of the road, so this is not
         within the Coastal Protection Area are              applicable.
         designed and sited to be sympathetic with
         the visual amenity of the beachfront and do
         not degrade the natural beachfront character.

Page 3

Table 14-28 Detached House Code
Specific Outcome O1 - : Buildings and other structures are appropriately designed and sited to:
                Specific Outcomes                                           Supporting Information
(a) provide amenity for users of the premises          • By design, the proposed dwelling would enhance amenity
                                                          for users of the premises by maximising their ability to enjoy
                                                          the vista to the beach.

(b)   preserve the visual and acoustic privacy of         • The proposed dwelling area would maintain a side
      adjoining and nearby land uses as well as             boundary setback of 1.5m and effectively provide visual and
      reasonable access to views and sunlight;              acoustic privacy to adjoining and nearby land uses equal to
                                                            acceptable solutions of the Building Works Code.
                                                          • The lot is on the western side of the street, so does not
                                                            have direct beach views. As there is a 2 storey dwelling
                                                            currently on the site, there will be no negative impact on
                                                            views.

(c)   preserve any existing vegetation that will buffer   • Some vegetation will be removed, however the existing
      the proposed building or structure from adjoining     trees on the western side will be retained.
      uses
(d)   allow for landscaping to be provided between        • The proposed dwelling would maintain a side boundary
      buildings                                             setback of 1.5m and such space will be landscaped.

(e)   maintain the visual continuity and pattern of       • The proposed architect designed dwelling will enhance the
      buildings and landscape elements within the           streetscape by adding a visually attractive building.
      street                                              • The lot is effectively a corner lot, with the setback to the
                                                            southern road boundary being 6m. The secondary setback
                                                            is, at a minimum 4m. There are numerous examples in the
                                                            street where setbacks are significantly less than 6m, for
                                                            example 36, 38 & 44, 46.
(f)   for class 10a structures, do not visually           • The 5.7m wide tilt panel garage door is to have a timber
      dominate the street                                   batten finish and has been designed to blend in with the rest
                                                            of the façade, so as not to dominate the streetscape.

(g)   avoid any significant adverse impacts on the        • The proposed dwelling is designed to take full advantage of
      natural values of waterways and their                 the coastal location and ocean vistas, while avoiding any
      foreshores, including those of the Noosa River        negative impacts.
      and its lakes                                       • Stormwater from roofed areas is to be collected and
                                                            discharged via the existing disposal systems with little or no
                                                            impact on the natural values of the waterways

(g)   do not interrupt the natural cycles of erosion      • The proposed dwelling would not cause interruption to the
      and accretion of watercourses and foreshore           natural cycles of erosion or accretion of foreshore areas.
      areas.

Specific Outcome O4 : Height— Buildings and other structures
                    Specific Outcomes                                     Supporting Information
(a)      are low rise and present a building height   • The proposed dwelling is within an area which is generally
         consistent with structures on adjoining and    two storey dwellings. It is consistent with the scale and
         surrounding land;                              architectural styles of buildings in the surrounding areas
                                                        which include buildings that step down the steep land. The
                                                        height of the building is above the 8 metre height limit from
                                                        existing natural ground due to rafters and outriggers that are
                                                        a feature of the design. This is only over a small proportion
                                                        of the roof – bedroom 1 deck and ensuite.
(b)      have a maximum building height of—           • The building does not exceed 2 storeys.
         i) for Visitor Mixed Use Zone— 3 storeys; or

Page 4

          ii) if in the Noosa Heads Locality Attached
          Housing Zone—
           Lot 4 on S P 100064 in S e re nity C los e Noos a
          Heads— 4 storeys
           O the rwis e— 3 storeys
          iii) if in the Noosaville Locality and the Attached
          Housing Zone with frontage to the following
          streets: - Russell St, William St and Howard St,
          or Weyba Rd, James St and Albert St north of
          their intersections with Elizabeth St (as well as
          properties fronting Gympie Terrace or Noosa
          Parade between Weyba Road and Russell
          Street)— 3 storeys;

 S10.1    The maximum building height in metres and             • The height of the building is above the 8 metre height limit
          storeys is—                                             from existing natural ground due to the roof design, which
          a) if in the Visitor Mixed Use Zone – 12m (but          has significant architectural merit. Outriggers extend from
          not exceeding 3 storeys); or                            the rafters and provide privacy to adjoining dwellings.
          b) if in the Noosa Heads Locality, Attached           • Due to the slope of the land, it is difficult to get a reasonable
          Housing Zone –                                          lower floor area on one level.
          i) Lot 4 on SP 100064 in Serenity Close Noosa
          Heads – 15m (but not exceeding 4 storeys);
          ii) Otherwise – 12m (but not exceeding 3
          storeys);
          c) if in the Noosaville Locality and the Attached
          Housing Zone and with frontage to the
          following streets: - Russell St, William St and
          Howard St, or Weyba Rd, James St and Albert
          St north of their intersections with Elizabeth St
          (as well as properties fronting Gympie Terrace
          or Noosa Parade between Weyba Road and
          Russell Street)–12m (but not exceeding 3
          storeys);
          d) if in the Rural Zone or Rural Settlement
          Zone – 8m or 9m where the pitched roof, but
          no other part of the building or structure,
          exceeds 8m (but not exceeding 2 storeys either
          way); or
          e) otherwise –8m (but not exceeding 2 storeys)
 (c)      do not visually dominate the street, surrounding      • The proposal has a skillion pitched roof design in keeping
          spaces or the existing skyline;                         with the intent and character of the locality.
                                                                • The dwelling is consistent with the form of development
                                                                  occurring within the area and includes a variety of external
                                                                  cladding that add interest and complement the surrounding
                                                                  area.

 (d)      preserve the amenity of surrounding land,             • The proposed dwelling has been designed to maximise
          including privacy, views and access to sunlight;        views on site whilst maintaining privacy for the occupants
                                                                  and surrounding residents. Access to sunlight by adjoining
                                                                  sites will not be impacted
 (e)      respect the scale of the surrounding                  • The proposed dwelling provides a building form that
          vegetation.                                             respects the coastal vegetation.

 (f)      respond to the topography of the site by              • The proposed dwelling is consistent with the character of
          stepping down the slope or sitting above the            the area and follows the slope of the site. Outer areas such
          ground level on stumps, for sloping sites.              as the outdoor shower and board room have been lowered
                                                                  to suit the contour of the land.

The proposed development is located in a Landslide Hazard area. A site-specific geotechnical report is to be provided prior
to assessment of the building application to ensure that the proposal complies with Outcome 9 of the Detached House
Code.

Page 5

 Specific Outcome O16 - : Roof Forms—
                  Specific Outcomes                                                  Supporting Information
 (a) Contribute positively to the local skyline               • The main roof pitch is 7 degrees, in a ‘butterfly’ design.
                                                                Smaller sections of flatter pitched roofing /eaves surround
                                                                the main roof. This ads interest to the streetscape. The
                                                                hardwood timber battens on the façade match the
                                                                balustrade of the ocean outlook platform, so from the street
                                                                it will be difficult to determine if the area has a roof top
                                                                terrace, or if it is a design feature.

 (b)   Complement the low density character of the            • The rooftop terrace expresses a relaxed coastal building
       locality                                                 style that will enhance amenity for users of the premises by
                                                                maximising their ability to enjoy the vista to the beach.
                                                              • Given the nature of the area it would not be unexpected to
                                                                have dwellings with roof top viewing areas in such a locality.

 (c)   do not present an appearance of excessive bulk to      • The proposal has a skillion pitched roof design in keeping
       side neighbours (eg. avoid low pitched roofs or box      with the intent and character of the locality.
       profiles/parapets);                                    • The wide eaves reduce the bulk of the dwelling

 (d)   use simple traditional roof designs                    • The roof will be a variety of pitches, with the main section
                                                                being 7 degrees.
 (e)   offer shading to the walls and windows of the          • The 1200mm wide eaves shade the walls and windows of
       dwelling unit;                                           the dwelling
 (f)   Do not create opportunities for residents to           • The scenic vista is the ocean to the east. The roof has been
       overlook the private open space areas of                 designed to restrict short distance viewing to adjacent
       neighbouring properties.                                 dwellings, yet enable long distance viewing of the ocean.



The development proposal incorporates design elements that respect the character of the area and the difficult site
topography. It is considered to be consistent with the character of the area and will not negatively impact the locality. As
detailed above, this application can be supported on numerous grounds. I look forward to your response and trust you find
the supporting information sufficient for assessment, your careful consideration of the proposal against the relevant
Performance Criteria will be greatly appreciated.

Should you have any further queries please don’t hesitate to contact this office




Liz Woollard
Building Certifier
Accreditation No: A1054226

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