Delegated Assessment Report MCU17/0038

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU17/0038
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade
	

SUMMARY:

APPLICATION DETAILS
Applicant:	Pacific BCQ
Proposal:	Development Permit for Material Change of Use of Premises - Detached House in Coastal Protection Area
Properly Made Date:	27/04/2017
Information Request Date:	Not Applicable
Info Response Received Date:	Not Applicable
Decision Due Date:	26/05/2017

PROPERTY DETAILS
Property Address:	11 The Esplanade SUNSHINE BEACH  QLD  4567
RP Description:	Lot 675 SP 279875
Land Area:	506 Square Metres
Existing Use of Land:	Vacant

STATUTORY DETAILS
Planning Scheme:	The Noosa Plan (28 October 2016)
Planning Area / Locality:	Eastern Beaches Locality
Planning Precinct / Zone:	Detached Housing Zone
Assessment Type:	Code

PROPOSAL:

The application seeks approval for a detached dwelling within a coastal protection area. A 6.0m building setback is proposed to the seaward boundary however a dispensation is sought for a minor setback encroachment to the northern and southern side boundaries. A setback of 2.0m is proposed to both the ground and first floor however a minor portion of the second storey steps in two locations resulting in a setback of 1.5m in lieu of 2.0m.

A locality and proposal plans are provided below in conjunction with an insert showing the extent of the building encroachments.

Site Description
Site & Locality Description
Road Frontage	The site does not have any direct road frontage however obtains access to The Esplanade via an access easement.
Existing Significant Vegetation	Nil.
Topography:	The site slopes west to east.
Surrounding Land Uses:	Land uses adjoining and surrounding the site consist of detached dwellings.

The following planning scheme overlays are applicable to this application:

Natural Resources Overlay Code (Coastal Protection)

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument

The application has also been assessed against the planning scheme, including the following applicable codes:

Detached House Code; and
Natural Resources Overlay Code.

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

Coastal Protection

The application proposes a seaward boundary setback of 6.0m which is consistent with the requirements of the Natural Resources Overlay Code (Coastal Protection Areas). No details of revegetation within a 5.0m is been provided and it is therefore recommended that a condition of approval be included accordingly.

Side Boundary Setbacks

Probable Solution S1.1 of the Detached House Code seeks a minimum side boundary setback of 1.5m to a building height of 4.5m and then a setback of 2.0m to a building height of 7.5m. The minimum setback is sought to retain the visual and acoustic amenity of users of the premises and to adjoining dwellings.

The application proposes a ground and first floor setback of 2.0m to the northern and southern side boundaries aside from two locations on the 1st floor which step outward resulting in a side boundary setback of 1.5m in lieu of 2.0m. These encroachments are highlighted below.

The proposed setback to the southern and northern boundary is considered minor and unlikely to negatively detract on the amenity of both adjoining dwellings. The proposed setback of 1.5m to the southern boundary is consistent with the adjoining dwelling whereby a setback of 1.0m has been approved to the ground floor. The encroachment to the northern side boundary is considered minor (.83m2 only) and does not result in any appearance of excessive building bulk.

CONCLUSION:

The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that can not be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU17/0038 for a Detached House in Coastal Protection Area situated at 11 The Esplanade SUNSHINE BEACH QLD 4567 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU17/0038

1.	APPLICATION DETAILS

Application No:	MCU17/0038
Street Address:	11 The Esplanade SUNSHINE BEACH  QLD  4567
Real Property Description:	Lot 675 SP 279875
Planning Scheme:	The Noosa Plan (28 October 2016)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises - Detached House

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	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
A101	TP1	Lower Level Plan, drawn by Julian Patterson	21/04/2017
A102	TP1	Upper Level Plan, drawn by Julian Patterson	21/04/2017
A103	TP1	Roof Plan, drawn by Julian Patterson	21/04/2017
A200	TP1	North Elevation, drawn by Julian Patterson	21/04/2017
A201	TP1	South Elevation, drawn by Julian Patterson	21/04/2017
A202	TP1	East Elevation, drawn by Julian Patterson	21/04/2017
A203	TP1	West Elevation, drawn by Julian Patterson	21/04/2017
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground surface.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $ 1,500 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
A minimum of 20% of the site must be retained as soft landscaping.
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.
Coastal Protection
Gates must not be installed along the eastern property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
A mix of native landscaping, such as ground covers, shrubs and trees, must be provided for a width of 5.0m from the seaward or rear boundary of the site to provide adequate landscape buffering to protect the coastal dune system
Garage
The proposed garage must not exceed a maximum length of 9.0m and a mean vertical height of 3.5m relative to the natural and finished ground level.

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	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.

8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All Building Works)

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

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