Council Letter July 2015 · MCU15/0025

44 Bryan Street
Sunshine Beach  Qld 4567
Postal Address: P O BOX 1568
Noosa Heads,  Qld 4567
Telephone   (07) 5447 5843
Mobile         0418 75 4082
19th July 2015
Noosa  Council
P O Box 141
Tewantin, Qld 4565

Dear Sirs,
Attn:  The Assessment Manager
Ref:  MCU15/0025
Thank you for your letter of information regarding the proposed development of an extension to a property located at 41 Belmore Terrace, Sunshine Beach, reference as above. As you would be aware, this property shares a common boundary with our property situated at 44 Bryan Street.
We have had preliminary discussions with your Mr Dennis Wallace at the Noosa Council and have reviewed the plans. We have noted that the height restrictions provisions have not been observed in full,   and we draw your attention in particular to the planned lift well on the lower level. This should not impact us, but may affect the residents in Belmore Terrace who adjoin the property.
There are, however, two significant matters which do affect us that we would like you to take into account in your consideration of this proposed development:-
The previous owners of 41 Belmore Terrace have undertaken excavation work at the rear of their property on the perimeter of our property. As far as we know, this work has been carried out without any Council approval . In any event, the excavation has not been stabilised with a retaining wall of any kind or by any other method. Given the slip potential of the sand which comprises the hillside in the entire area, stabilisation remedial work needs to be undertaken before any further construction work or landscaping can be considered on the site.
In that particular regard, we would draw your attention to the fact that when we were planning the construction of the small beach house we previously had on our block at 44 Bryan Street, built in the late 1970’s, Council required the owner of the block on our downhill side, number 42 Bryan Street, to construct a substantial retaining wall on that property to stabilise the land following a significant excavation which had previously been carried out. This rectification was required before our building work could commence.  It did, in fact delay us for some time until it was undertaken. But of course, it was very necessary. We feel it is most necessary to recognise that these circumstances are likely to be very similar to the proposed development, and that thus similar remedial work is necessary.
We understand that the proposed   development is planned to be approximately 2.6 meters higher than the present structure, and thus will certainly have an impact on our privacy, with the view from our living area being directly towards the planned building in front of us. While the planned height is within the height limit restriction provisions, a privacy wall should therefore be constructed at the rear of Lot 41.  Furthermore, we would ask to be consulted about the style and structure of any such wall and we would be pleased to cooperate with the development applicants in that regard.
Finally we would like to request Council to advise if there are any regulations or guidelines in place regarding the height and design of rooftop television or other antennae? In addition to the fact that these installations often impair the outlook from adjacent properties, they can potentially  cause property damage or personal injury  given the high wind strength exposure in parts of the Noosa Council area and in particular along the Sunshine Beach sea frontage.
We will very much appreciate your comment and advice and we look forward to your responses to the matters we have raised above.

Yours  sincerely,
Rob and Gillian Hogarth.