Original source · versioned page text
Change Reps 30 Jan 2024
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
30 January 2023
Noosa Council
[email protected]
RE: Change Representations – MCU23/0094, OPW23/0113 & RAL23/0014 – 79 –
83 Eumundi Noosa Road & 26 Headland Drive, Noosaville
In accordance with the Planning Act 2016, we seek to suspend the appeal period and
make the following change representations:
MCU - Condition 3 - Plans
The revised designs include the following changes to the plans to address the ‘Plans
Requiring Amendment’. The following comments address each of the plan amendment
requirements.
3. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table/s below.
The plans must be amended to incorporate the amendments listed within the table below
and resubmitted to Council prior to the issue of any Development Permit for Building
Works*
- Remove the communal recreation area facilities in its entirety, including the
swimming pool, BBQ facilities and bathroom. Provide a revised landscaping plan that
details this area densely planted with screening vegetation.
- A 5-metre-wide buffer densely planted with trees and shrubs including species from 1
metre to 8 metres in height is to be detailed.
Amended plans are included removing the pool and all associated facilities. The area is
now 100m2 grassed area including a 3.5m dense landscape buffer to the adjoining
dwelling house to the south, with a 2m high fence along the boundary. The relevant
Performance Outcome of the Medium Desntiy Residential Zone Code seeks for an
appropriate setback to common recreational areas to ensure the amenity of neighbours
in respect of noise, light and odour is maintained. The removal of the pool results in less
people likely to use this area as a common recreational area.
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Page 2
- The Ground Level “drying court” (as detailed on the ground level of Units 101, 102,
105 & 701-704) are not to be an enclosed area, the door is to be removed. Remove
external walls/screens of each “drying court” and replace with a free-standing screen
with a minimum of 50% transparency, and minimum of 300mm gap from the top and
bottom of the screen. The fixed screen is not to exceed a height of 1.8 metres, 2.1
metres from finished ground level. The screen can be extended in front of the
entryway if desired for additional privacy.
Amended plans are provided with a free-standing screen with a 50% transparency.
Further detail is provided below which includes a gate for storage and general security
for bikes/surfboards and the like with a 100mm gap at the bottom. This detail complies
with Council’s requirement for the area to not be enclosed, however provides for safe
external storage and use.
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Page 3
- The Upper Level “drying court” (as detailed on the upper level of Units 205-208, 603,
604 & 706-708) are to have an appearance of an upper level terrace, with the
clothesline screened from the streetscape. In this regard, the clothesline is to be
relocated to the northern wall of the terrace with the clothesline screened to 1 metre,
with the remaining portion (~2 metres) of the area an open terrace. These areas are
to be redesigned to not contribute to gross floor area as per the administrative term
of the Noosa Plan 2020.
Amended plans are provided with a fixed screen (50% transparent) provided along the
terraces for 75% of the length to screen the clothesline. The unit 603 and 604 include a
screen across the length for privacy screening requirements between adjoining
neighbours. The relevant render and elevation plan is provided below for reference. The
areas allow for screening of clothesline, however are not enclosed and contributing to
GFA as per the Noosa Plan definition.
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Page 4
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Page 5
- Front fences or walls along Eumundi Noosa Road frontage are set back an average
of 1 metre and are articulated to provide visual interest by stepping the design at a
maximum of 5 metre intervals.
The nearby ‘Malolo’ development includes gates accessible to the street to provide for
access to the townhouse units. It is good planning practice to allow for walking access to
the street, to encourage walkability and connectivity to the streetscape.
There are no direct Acceptable Outcomes precluding direct access for units to the street.
The current design provides for visual interest and stepping of the design – with a more
substantial and meaningful landscaping area between the footpath and the front walls
(setback nearly 2m from the front boundary). We seek for this requirement to be
removed and the plans approved which include a consolidation of accesses in
accordance with the information request response from Council.
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Page 6
- Introduce an additional colour to the external building façade with adeep, stronger
colour tone to highlight individual dwellings and adding visual interest to the street
and surrounds.
The design provides for a soft colour palette that complements the Noosaville locality,
adjoining developments, mix of materials and the strong landscaping palette to Eumundi
Noosa Rd. The colours are understated in accordance with AO7.5 and blend in with the
surrounding natural environment PO22 of the Noosaville Locality Plan Code.
This requirement is requested to be removed from the plans requiring amendment.
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Page 7
Condition 15 – Screening Devices
15. To ensure privacy is protected between adjoining properties to the north, east and
south, 105, 209, 304, 705-706, 501, 603 must:
a. provide screening devices to upper level balconies; and/or
b. have a minimum window sill height or 1.7 metres above floor level; and/or
c. be fitted with translucent glazing; and/or
d. be fitted with fixed external screens.
The previous RFI requested screening to units 209, 705 & 706 which has been provided.
Units 105 & 304 also include screening along their boundaries.
Unit 501 does not overlooks dense landscaping towards Headland Dr and does not face
active open space areas. The unit is setback so as not to be able to look over the
adjoining neighbour and it is considered this requirement be removed for this unit.
Unit 603 adjoins the currently vacant lot to the north. The unit has been designed with
balconies orientated to the north and east, with screens in front of the bedroom and the
majority of the living room balcony, as well as translucent balustrading. Although not
covering the entire of the balcony – the opening is designed to capture the eastern
aspect, while allowing for breezes and privacy between residential users. As a result, it is
requested the unit be removed from this requirement and approved in accordance with
the amended plans.
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Page 8
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Page 9
Condition 20 – Streetscape connections
20. There are to be no private footpath connections within Council’s road reserve to
Units 101, 102, 105 & 701-704, this area is to be returned to grass.
Malolo allows for streetscape pathway connections and there are no specific outcomes
in the planning scheme restricting this arrangement. Please delete this condition in
accordance with the information request response and good planning practice for
connecting people to active streetscapes.
25. The notated “drying court” as shown on the Upper Level Plans of Units 205-208, 603,
604 & 706-708 are not to be enclosed, with the area to present as an upper level terrace.
The screening element of the “drying court” is to achieve a minimum of 50%
transparency, with the remaining terrace being open with a balustrade.
Revised plans are provided with appropriate screening device details with this condition
to be deleted.
30. Vegetation must only be removed or disturbed in accordance with a Fauna
Management Plan (or part thereof) prepared by a qualified person* and endorsed
through an Operational Works approval. *(Refer to Advisory Note)
The vegetation surrounding the house has been removed as part of the demolition
approvals. The site is not covered by a Biodoversity overlay and is in the middle of the
built environment – with the risk to fauna therefore minimal and is an unreasonable
imposition on the development.
41. Pedestrian and bicycle facilities must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and must include
in particular:
a. a 3 metre wide footpath within the road verge for the entire length of the site’s
frontage to Eumundi Noosa Road;
b. the resealing of the existing asphalt path fronting the development.
Condition 41 is imposed pursuant to s128 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development.
The condition for Malolo (MCU21/0156) required the construction of a 2.0m footpath to
match the balance of the site frontage. The landscaping approval and information
requests sought for dense landscaping between the footpath and the fence line (also
setback from the boundary).
Eumundi Noosa Rd is classified as a ‘2 lane Distributor’ (minor - 5k to 15k VPD). The
requirement seeks for a 2m desirable pathway width and for major distributor roads to
have a 3m pathway. This part of Eumundi Noosa Rd has a 3m pathway on the western
side of the road and this side of the road should have the extra landscaping and
vegetation in accordance with other recent approvals along the street.
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Page 10
DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (RAL23/0014)
Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table/s below. The plans must be amended to
incorporate the amendments listed within the table below and resubmitted to Council
prior to the issue of any Development Permit for Building Works*
The plans have been amended removing the pool from this area and an approval.
Please amend the condition to reflect the changes.
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (OPW23/0113)
(Road work, Earthworks, Signage, Vegetation Clearing)
3. Prior to commencement of works within the development site, maintenance and
rectification of the underground stormwater drainage network downstream of the site is
to be completed and is to ensure that the capacity of the network is consistent with the
capacity assumed in the Stormwater Management Plan Rev C (prepared by SCG
Consulting Engineers, dated 5.12.2023).
SCG consulting engineers have reviewed the condition and seeks further clarification
regarding the wording. Council should not be able to condition the developer for the
maintenance & rectification of Council’s existing stormwater network prior to
commencement of works. If the existing network has been damaged it is prudent to
advise Council of the problem, however it is not the responsibility of the developer to
rectify works that could be hundreds of metres away from their site that they have not
caused damage to. Please review the wording of the condition.
PRELIMINARY APPROVAL Development Permit FOR OPERATIONAL WORKS
(OPW23/0113) (Landscaping, Drainage Work, Stormwater)
Please find attached the updated landscaping and engineering drawings addressing
Council’s plan requiring amendments including:
- Bioretention layout plan updated
- Detention tank details
- Landscaping adjacent to Lot 2 includes syzigium and callistemon
- Headland Dr landscaping basin landscaping extended into road reserve
- Landscaping species updated
A full Development Permit should be issued, and standard conditions included.
--------------------------------------------------------------------------------------------------------------------
If you have any further queries in relation to the above, please do not hesitate to contact
myself.
Regards,
Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227
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