Delegated Report - Code - Planning MCU18 0100 · MCU18/0100

Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0100
Applicant	Ian James Reinhardt Katherine Maria Reinhardt
Proposal	Material Change of Use - Detached House
Properly Made Date	20 June 2018
Information Request Date	2 July 2018
Information Response Date	16 July 2018
Decision Due Date	30 August 2018
Report Completed Date	1 August 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	16 Plover St Peregian Beach Qld 4573
RP Description	Lot 1 P 9313
Land Area	506m²
Existing Use of Land	Vacant land – dwelling demolished

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Natural Hazards Overlay – Landslide Hazard Natural Resources Overlay – Coastal Protection Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use for a Detached House. The application is for a new dwelling to be constructed on a lot affected by the Coastal Protection Overlay. The proposal seeks a 4.5m front setback to the garage and a 4.5m setback to the seaward boundary rather than the required 6m.
site details
Site Description
The site slopes from west to east at an approximate rate of 10% for the first half of the lot and then slopes around 20% towards the coastal reserve. The site includes some native vegetation with mature coastal species towards the seaward boundary.

Figure 1 - Aerial
Surrounding Land Uses
The site is surrounded by typical beachside housing stock except to the east where the coastal dunes exist.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017
The Noosa Plan.
The Detached House Code from the Noosa Plan is applicable to this development:
The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing.  The proposed dwelling is a consistent use within the zone and is required to follow a code assessment application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
Setbacks
Front setback
The proposal seeks a 4.5m setback to the garage and to 2 upper level wing walls rather than the required 6m. The lot is steeply sloping and both neighbouring properties and other garages in the street have reduced setbacks to garages and carports. In this regard the proposed setback will maintain the visual continuity and pattern of buildings in the street. Furthermore, the proposed garage sits approximately 0.8m below street level which softens its impact on the streetscape. The upper level wing walls are a minor encroachment and raise no concerns. To ensure softening to the garage there is opportunity to set the southern side of the fence back 0.75m from the front boundary for a garden. A condition is included accordingly.
Seaward Setback
The proposal is subject to the 6m Coastal Protection setback to the seaward boundary. The development seeks a 4.5m setback to a centrally located cantilevered balcony. The encroachment ranges from 0.5m at the southern end of the balcony to 1.5m in the central area and then compliant to the northern side. Privacy screens have been provided to mitigate any potential overlooking that may result. Given the portion of balcony encroaching 1.5m is centrally located, view lines are unlikely to be impeded or overlooking created.
In regard to the Coastal Protection aspects, the cantilevered balcony is unlikely to cause any adverse impacts on the coastal resources or interrupt the natural cycle of erosion and accretion of the coastal reserve being located nearly 6m above the NGL and approximately 200m from the toe of the frontal dune. A condition is included to ensure 5m of native landscaping is provided in accordance with the Natural Resources Overlay Code provision.
Southern side boundary
A set of stairs greater than 1m above the NGL slightly encroach into the 1.5m setback. Figure 2 and 3 below show the extent of the encroachment.

Figure 2 - stair encroachment

Figure 3 - extent of stair greater than 1m above NGL.
The neighbouring deck is a similar height which helps to negate any privacy concerns and there is sufficient space to provide landscaping to screen the development. Another small portion of footpath is greater than 1m above the NGL, however, this is located behind the garage wall which is compliant with the provisions required by the QDC for a built to a boundary wall.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU18/0100 for a Material Change of Use - Detached House situated at 16 Plover St Peregian Beach Qld 4573 and described as Lot 1 P 9313, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU18/0100
Street address:	16 Plover St Peregian Beach Qld 4573
Real property description:	Lot 1 P 9313
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Detached House
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DD 01	B	Site Plan, prepared by Tim Ditchfield Architects	July 18
DD 02.1	B	Upper Ground Floor Plan, prepared by Tim Ditchfield Architects as annotated by Council	July 18
DD 03.1	B	Lower Ground Floor Plan, prepared by Tim Ditchfield Architects	July 18
DD 04.1	B	First Floor Plan, prepared by Tim Ditchfield Architects	July 18
DD 06	B	Elevations, prepared by Tim Ditchfield Architects	July 18
DD 07	B	Elevations, prepared by Tim Ditchfield Architects	July 18
DD 08	B	Sections, prepared by Tim Ditchfield Architects	July 18
DD 09	B	Sections, prepared by Tim Ditchfield Architects	July 18
DD 10	B	Sections, prepared by Tim Ditchfield Architects	July 18
DD 11	B	Concept Images, prepared by Tim Ditchfield Architects	July 18
DD 17	B	Concept Images, prepared by Tim Ditchfield Architects	July 18
DD 18	B	Concept Images, prepared by Tim Ditchfield Architects	July 18
DD 21	B	Concept Images, prepared by Tim Ditchfield Architects	July 18
Built Form
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.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Privacy screens must be provided to any areas of the seaward balcony that overlook or have the potential to overlook the private open space of neighbouring properties.
The garage built to boundary wall must meet the requirements of the Queensland Development Code.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
All landscaping must be in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
The fence on the southern side of the driveway must be setback 0.75m from the front boundary and a garden provided in front of the fence. The garden must contain at least 1 native feature tree.
A minimum of 20% of the site must be retained as soft landscaping.
Native vegetation within 5m of the seaward boundary must be retained where practicable.
Dense native and endemic landscaping must be provided for a minimum width of 3m for the full length of the seaward (eastern) boundary. The landscaping must consist of a mix of groundcovers, small, medium and large shrubs and at least 2 trees. In this regard, a landscape plan which identifies trees to be retained and a planting list must be provided and approved by Council prior to the issue of the building approval.
Trees to be retained must be protected from clearing or construction activities by:
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.
Gates must not be installed along the seaward property boundary to gain direct access to the beachfront.
Existing trees on the road reserve must be retained.
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 concentrate or direct overland flow on to an adjoining property.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for operational work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Driveway
Development Permit for Building Works	All Building Work
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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