Development Application For Material Change Of Use For A Detached House At 38 Park Crescent, Sunshine Beach - MCU15/0070

DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A DETACHED HOUSE AT 38 PARK CRESCENT, SUNSHINE BEACH - MCU15/0070

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / MCU15/0070

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	JE Jamieson, NE Jamieson
Proposal	Development Permit for Material Change of Use of Premises - Detached House
Properly Made Date	30 July 2015
Information Request Date	14 August 2015
Information Response Date	9 September 2015
Decision Due Date	22 October 2015

PROPERTY DETAILS
Property Address	38 Park Crescent Sunshine Beach  Qld  4567
RP Description	Lot 598 RP 48112
Land Area	532m²
Existing Use of Land	Vacant land (dwelling demolished)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Attached Housing zone
Overlays	Natural Hazards Overlay – Low Potential Acid Sulfate Soils Natural Hazards Overlay – Landslide Hazard Natural Hazards Overlay – Medium Bushfire Hazard Natural Resources Overlay – Coastal Protection
Assessment Type	Code

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 13 October 2015 regarding Application No. MCU15/0070 for a Development Permit for Material Change of Use (detached house) situated at 38 Park Crescent, Sunshine Beach and issue a Preliminary Approval in accordance with the following conditions:
PLANNING
Preliminary Approval
Prior to the issue of a Development Permit, the Site Cover of the detached house must be reduced to a maximum of 35%.
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 plans must be amended to comply with Condition 1 of this Decision Notice prior to the plans becoming approved plans. The plans to be amended are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DD 1.2	B	Site plan, prepared by Sparks Architects	01.09.15
DD 1.3	B	Roof Plan, prepared by Sparks Architects	01.09.15
DD 1.4	B	Bedroom Mezzanine, prepared by Sparks Architects	01.09.15
DD 1.5	B	Ground Floor Plan, prepared by Sparks Architects	01.09.15
DD 1.6	B	Lower Ground  Floor, prepared by Sparks Architects	01.09.15
DD 1.7	B	Pool Terrace Floor Plan, prepared by Sparks Architects	01.09.15
DD 2.1	B	North West Elevation, prepared by Sparks Architects	01.09.15
DD 2.2	B	North East Elevation, prepared by Sparks Architects	01.09.15
DD 2.3	B	South East Elevation, prepared by Sparks Architects	01.09.15
DD 2.4	B	South West Elevation, prepared by Sparks Architects	01.09.15
DD 3.1	B	Section A, prepared by Sparks Architects	01.09.15
DD 3.2	B	Section B, prepared by Sparks Architects	01.09.15
DD 3.3	B	Section C, prepared by Sparks Architects	01.09.15
DD 3.4	B	Section D, prepared by Sparks Architects	01.09.15
Building Height
The maximum height of the development must not exceed 12 metres above the finished ground level and the natural ground surface and 3 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 $10,000 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.
Privacy
A screening device must be erected for the full length of the southern side of the Ground Floor Deck. The screening device must be of a height to maintain neighbouring residents’ amenity.
Landscaping
The retaining wall and associated screening fence/wall (faced with hardwood timber) located near the southern boundary must be:
setback 1.5m up to 4.5m in height
setback 2m between 4.5m – 7.5m in height.
A minimum of 20% of the site must be retained as soft landscaping.
Screening vegetation must be planted for the full length of both side boundaries in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 8 metres and a maximum spacing of 2 metre centres.
A mix of native landscaping including ground covers, shrubs and trees must be provided for minimum width of 5m from the rear boundary (adjoining the pathway). In this regard landscaping must also be provided between the swimming pool and the rear boundary. Landscaping must be in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
Coastal Protection
External colours and finishes of the building must comprise muted/environmental tones that blend with the natural environment.
ENGINEERING
Property Access and Driveways
A sealed access driveway must be provided from Park Crescent to the proposed carparking. The driveway must be designed and constructed in accordance with Council’s standards drawing SEQ R-050 and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  Should any driveways be constructed to grades that do not comply with Council’s standard drawing SEQ R-050 and AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Stormwater Drainage
Stormwater runoff from the development must be either discharged to Council’s existing kerb and channel in Park Crescent and/or disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the submitted Geotechnical Investigation prepared by Soil Surveys, Project No.115-17158 dated April 2015.
Certification must be submitted to Council which certifies that the development has been constructed in accordance with the recommendations contained in the submitted Geotechnical Investigation prepared by Soil Surveys Project No.115-17158 dated April 2015 and that the development has a minimum factor of safety against landslip of 1.5 in the long term. All certification must be prepared by a Geotechnical Engineer and must be addressed to Noosa Council. Where a member of an engineering company, certification must be by the engineering company or an appropriate officer or employee of the engineering company on behalf of the company
Earthworks and Retaining Walls
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.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Advisory Notes
PLANNING
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
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 application seeks approval for a detached house that exceeds building height in metres and storeys in the Attached Housing zone and seeks front and side setback relaxations.

The proposal is for a 3 storey, 12 metre high detached house. The proposal consists of a master bedroom on the upper most floor (mezzanine level), kitchen and living areas and a large balcony on the ground floor level (street level). Bedrooms and bathrooms are located on the lower ground floor and a semi open undercroft area and pool deck on the lowest floor overlooking a swimming pool. The vehicle accommodation is located near the front boundary.

An architectural rendering of the proposed detached house is shown in Figure 1 below.

Figure 1 – Architectural rendering from the north and south

The proposal is before Council because it is a 3 storey detached house and does not comply with the relevant setbacks for a detached house in the Attached Housing zone.
site details
Site Description
The site slopes from the west (street frontage) to the eastern or rear boundary which adjoins a walkway to the beach. The site slopes steeply from the road frontage for approximately half to three quarters of the length of the site then generally levels off to meet the rear boundary. (Refer to Figure 2 below)

Figure 2 – Subject Site outlined in purple
Surrounding Land Uses
Immediately adjoining the site to the north and south are detached houses and to the rear a walkway to the beach. Opposite the site are a variety of 3 storey unit complexes which are characteristic of development along Park Crescent and the nearby Crank Street, except for 9 detached housing lots to the south of the site which directly adjoin the dunes. Figure 3 below shows the subject site outlined in green, the Attached Housing zone (unit complex zone) in red and Detached Housing zone in light pink.

Figure 3 – Zone map showing the zoning surrounding the site. Attached Housing zone is depicted in red where the majority is developed as unit complexes and Detached Housing in light pink where detached houses exist.
assessment
State and Other Statutory Instruments
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.
Statutory Instruments – Planning Scheme
The subject site is located in the Eastern Beaches Locality and is zoned Attached Housing. The proposed detached house is identified as a consistent use within the zone and is self - assessable when complying with the Acceptable Solutions of the Detached House Code.
The proposal is subject to the Detached House Code. The Probable Solutions of the Detached House Code require houses to not exceed a building height of 2 storeys and 8m. The Code also requires setbacks for a detached house to be in accordance with those outlined in Schedule 1 setbacks for the appropriate zoning. The proposal is located in the Attached Housing zone where various Planning Scheme provisions exist for the different residential development. Table 1 below outlines building height, setback, site cover and gross floor area provisions for residential uses in the Attached Housing zone.
Table 1 – Planning Scheme Requirements
Planning Scheme requirements for residential uses in the Attached Housing zone (Sunshine Beach)	
	Detached House	Duplex	Units (3 or more)	Proposal
Building height in metres	8m	12m	12m	12m (complies with duplex and units)
Building height in storeys	2 storeys	3 storeys	3 storeys	3 storeys (complies with duplex and units)
Setbacks	6m front and rear boundaries Half the building height for side boundaries – 5/6m	1.5m up to 4.5m in height 2m up to 7.5m in height 2m plus 0.5m for every 3m above 7.5m	6m front and rear boundaries Half the building height for side boundaries – 5/6m	7m front boundary (carport is approx. 1m). 7.2m rear 3.15m side (complies with duplex provisions)
Site Cover	40%	35%	35%	40%
Gross Floor Area (GFA)	Not Applicable	0.6:1	0.6:1	0.62:1
The proposal does not comply with building height and setbacks for a detached house in the Attached Housing zone. On the other hand the proposal does comply with building height and setbacks if it were a duplex.
The proposal is subject to the Detached House Code and is assessed against the relevant provisions for setbacks and building height and is set out below.
Setbacks
Specific Outcome O1
O1 	Buildings and other structures are appropriately designed and sited to—
a) 	provide amenity for users of the premises as well as preserve the visual and acoustic privacy of adjoining and nearby land uses;
b) 	preserve any existing vegetation that will buffer the proposed building from adjoining uses;
c) 	allow for landscaping to be provided between buildings;
d) 	maintain the visual continuity and pattern of buildings and landscape elements within the street;
e) 	for class 10a structures, do not visually dominate the street;
f) 	avoid any significant adverse impacts on the natural values of waterways and their foreshores, including those of the Noosa River and its lakes; and
g) 	do not interrupt the natural cycles of erosion and accretion of waterways and foreshore areas.
Main building
The main building (excluding the carport) meets the required 6m front and rear setback provision but the house requires half its building height for the side setbacks. This equates to a 5-6m setback to the side boundaries.
The proposed main building has a 7m front setback, a 7.2m rear setbacks and 3.15m to each side boundary.
Although a 5m to 6m setback is required to the side boundaries by the Code, the proposed 3.15m side setback provides sufficient area for separation to neighbouring properties and adequate space for landscaping to provide a buffer between the neighbouring uses. Directly opposite the site and the surrounding area are large bulky 3 storey/12m high unit complexes which have setbacks similar to or less than that proposed. It is considered the proposal maintains the visual continuity and pattern of established building setbacks on the beach side of Park Crescent and the existing unit complexes in the Attached Housing zone that surround the site.
The rear deck on the ground floor level has the potential to overlook neighbouring properties. A condition could be imposed to ensure a screening device is erected and plantings are provided along southern side boundary to provide privacy to the residents and neighbours.
Carport
Most lots on the seaward side of Park Crescent are steeply sloping with the majority of garages having front and side setbacks similar to the proposed carport. The proposal allows for landscaping along the majority of the carports length to screen and soften any impacts. The carport maintains the visual continuity and established character for vehicle accommodation along the seaward side of Park Crescent.
Retaining wall - front yard
A retaining wall and feature hardwood wall for the entry courtyard is proposed to be setback 1m from the southern boundary. The retaining wall varies in height from ground level to approximately 2.6m high but the associated screening hardwood wall will increase the height to approximately 4m or greater above the natural ground level. Although landscaping is proposed to screen the wall, it is considered it should be setback to comply with the relevant setback requirements. A condition could be imposed to ensure the structure complies with the setback provisions.
Building height in storeys and metres
Detached houses in the Attached Housing zone are required to have a maximum building height of 2 storeys and 8m. The proposal is 3 storeys and 12m and therefore is subject to Specific Outcome O8 of the Detached House Code which is shown below:
Height
O8 Buildings and other structures—
a) 	are low rise and present a building height consistent with structures on adjoining and surrounding land;
b) 	have a maximum building height of—
i) 	for Visitor Mixed Use Zone— 3 storeys; or
ii) 	if in the Noosa Heads Locality Attached Housing Zone—
• Lot 4 on SP100064 in Serenity Close Noosa Heads— 4 storeys
• Otherwise— 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;
iv) 	otherwise– 2 storeys;
c) 	do not visually dominate the street, surrounding spaces or the existing skyline;
d) 	preserve the amenity of surrounding land including privacy, views and access to sunlight;
e) 	respect the scale of surrounding vegetation; and
f) 	respond to the topography of the site by stepping down the slope or sitting above the ground level on stumps, for sloping sites.
A small portion of the proposed roof is approximately the same height (varies from equal height to 1.3m lower) as the northern neighbour’s roof, but is higher than the southern neighbour’s roof (approx. 4m higher). Notably, these two 2 storey detached houses on adjoining sites have development potential of 3 storeys and 12m for a duplex or unit complex. Given the extent of 3 storey and 12m development in the surrounding area and 1 of the neighbouring properties is a similar height; the proposal presents a building height consistent with structures in the surrounding area.
However, the proposed site cover (building footprint) of 40% exceeds that of other 3 storey, 12m high development in the surrounding area where site cover is only 35%. In Sunshine Beach, The Noosa Plan and previous planning schemes required a reduced building footprint in lieu of additional building height. For example, a 2 storey, 8m high development is permitted 40% site cover, whereas a 3 storey, 12m high development is permitted only 35% site cover.
Although the proposal is well designed, it is considered the proposed building height combined with 40% site cover results in a scale of development that has the potential to dominate the seaward side of Park Crescent. Notably the adjoining properties have development potential for a duplex or units which are subject to 35% site cover. In terms of development potential for the subject site the proposal would generally comply with the provisions for a duplex on site if the site cover was reduced to 35%.
Substantial excavation is required near Park Crescent for the subsurface portion of the house. There are some built form elements which respond to the site’s topography, such as the stepped roof form, the upper level mezzanine and the ground floor is split level. The proposal’s habitable spaces sit above an open undercroft area supported by masonry walls. Generally, the proposal has been designed to maximise views and generally responds to the sites topography. Figure 4 below depicts the proposed development, the sites topography and the 12m height limit.

Figure 4 – Proposal showing the undercroft design and a 12m height blanket which reflects the sites topogarphy.
Overlay Provisions
The following overlay codes are applicable to this application:
Natural Resources Overlay Code

The site is affected by the Natural Resources Overlay being an identified Coastal Protection Area. The Coastal Protection Overlay provisions include a 5m wide landscaped area consisting of a mix of native plant species that protect the dune system and the character of the beachfront. A 6m setback from the seaward boundary is required for buildings and structures on properties that adjoin the beachfront or a reserve fronting the beachfront.

The site is approximately 40m along a pathway from the existing coastal dune and the pool is proposed to be setback 4.59m from the rear boundary. Technically, the property does not adjoin the beachfront or a reserve adjoining the beachfront. Notwithstanding the above, the building is setback 7.2m which meets the required 6m setback and the proposed 4.59m setback for the pool is sufficient to provide landscaping to protect the character of the area and the dune, meeting the intent of the Code.

cONSULTATION
Other Referrals
The application was forwarded to Unitywater and the following internal Council specialists:
Development Engineer
conclusion
Building height and setbacks of the proposed 3 storey, 12m high detached house do not comply with the Probable Solutions of the Detached House Code. The proposed setbacks and the physical building height are consistent with buildings and structures in the surrounding area. However,  the proposed building height combined with 40% site cover results in a development of a scale not consistent with other 3 storey 12m high development in the surrounding area where a site cover of only 35% exists. The proposal in its current form has the potential to dominate the seaward side of Park Crescent and is not recommended to be supported. When site cover is reduced to 35%, the proposal would be commensurate with other 3 storey, 12m high development in the area and is considered to meet the relevant Specific Outcomes of The Noosa Plan. Therefore a Preliminary Approval is recommended only with a condition to reduce the site cover to 35%.

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	13 OCTOBER 2015

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	13 OCTOBER 2015

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