L01 To NC -refer BAAPS · 131999.982748.2

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Figure 1:- Aerial Photograph of the Existing Outdoor Area




Figure 2:- Recent Photograph of the Existing Outdoor Area




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The existing outdoor area forms a paved terrace that is retained by concrete walls. There is a
row of established existing established tuckeroo trees (Cupaniopsis anacardioides) along the
existing side of this area and a maintained hedge of established Fraser Island apple plants
(Acronychia imperforate) that provide a visual buffer between the existing outdoor area and the
1.5 m. wide public pathway adjoining to the south. Two rows of pruned trees have been
established on the earth terraces to the west. The natural grounds surfaces area the existing
outdoor area are covered in well maintained turf.

The existing outdoor area is accessed from the north by paved stair and walkways connecting to
the existing dwelling house on the site.


The Proposal

The landowner is proposing to construct a gazebo over that existing paved outdoor area within the
site as shown in Figure 3. The owner’s reason for such a proposal is to increase privacy and for
the existing outdoor area especially given the decision to approve the dwelling on the nearby lot to
the south (i.e. Lot 69 on RP81810 at 66 Seaview Terrace) in DA MCU2021-0212. The approved
plans for this nearby dwelling house provide for a roof top deck which will overlook this existing
outdoor area within the site.

The design of the proposed gazebo is illustrated in the set of proposal plans by Gavin Maddock
that is included in Attachment A. The 3D rendering of the proposal as included in these proposal
plans is also copied in Figure 3 below.

The gazebo is proposed to have a maximum height of 4.85m above existing constructed surface
level and to be limited to 5.2m. wide and 12m. long. This will require a 3.5m. extension to the
existing paved area in a direction away from the side boundary of the site and therefore back
towards the centre of the site.


Figure 3:- 3D Rendering of the Proposed Gazebo (from Attachment A)




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An appreciation of the attributes of design of the proposed gazebo and of the site and its setting
has enabled the identification of the following relevant considerations for the purpose of this
submission to Council:

    (1) The proposed gazebo is not roofed by a solid fixed surface but rather its roofing material
        includes timber battens. As such the proposed slatted roof will
             a. not create any significant refection onto surrounding premises, and
             b. not generate any significant stormwater runoff from the proposed structure.

    (2) The proposed structure will rely the footings for the existing retaining walls and paved
        outdoor area. As such no significant additional footings are being proposed.

    (3) The proposed structure will not require the existing vegetation around this area to be
        removed or even looped. This includes the existing established tuckeroos trees
        (Cupaniopsis anacardioides) and also the existing established row of Fraser Island apple
        (Acronychia imperforate) that has been established and maintained by the landowner to
        provide a visual buffer between the existing outdoor area and the 1.5 m. wide public
        pathway adjoining to the south. As such all existing vegetation within the site around the
        proposed structure will be able to continue to grow and contribute positively to the setting.

    (4) The roof height of the proposed structure will be very similar to the current height of the
        existing tuckeroos which will continue to grow in height. As such the silhouette of the
        proposed structure will be generally screened by the existing tuckeroos trees (Cupaniopsis
        anacardioides) and also by the existing established row of Fraser Island apple (Acronychia
        imperforate) from surrounding public land.

    (5) The proposed roof form is level which is essentially parallel to the existing turfed and paved
        terrace surfaces. As such the roof form with be in context with the existing turfed and/or
        paved terraces.

    (6) The proposed gazebo will cover the existing outdoor paved area plus a 3.5m. extension to
        this existing paved area. As such no significant earthworks are proposed other than for the
        3.5m. extension of the say 0.2m thick concrete slab. Therefore minimal additional hard
        surfaces are being proposed.

    (7) The maximum height of the proposed structure will be about 4.85m. above the existing
        constructed surface which equates to about 1.5m below the height of the nearby building
        approved to the south in MCU2021-0212, (Refer to Section 2 Gazebo in Sheet 4 in
        Attachment A) As such the proposal will be significantly lower than this building to the
        south once constructed.

    (8) The proposal will not include any overhead lighting but rather discrete lighting as illustrated
        in Sheets 16 and 17 in Attachment A. As such lighting sources will be positioned low and
        within the proposed gazebo.

    (9) Slatted screens are proposed on the roof and along sections of the sides of the structure.
        As such the structure is not be enclosed and vertical slatted screens can supplement that
        privacy offered the existing vegetation to the south and west.


Relevant Matters Relating to the Assessment of the Proposal against the 2020 Noosa Plan

It would appear that the proposed gazebo is not deemed to be a “building” or part of a “dwelling”
as administratively defined with the 2020 Noosa Plan as quoted below.




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        building means a fixed structure that is wholly or partly enclosed by walls and is roofed,
        and includes any part of a building.

        dwelling means all or part of a building that—
        (a) is used, or capable of being used, as a selfcontained residence; and
        (b) contains—
                i.   food preparation facilities; and
               ii.   a bath or shower; and
              iii.   a toilet; and a wash basin; and
              iv.    facilities for washing clothes

There is also the following administrative definition for a “domestic outbuilding” under the 2020
Noosa Plan.

        domestic outbuilding means a nonhabitable class 10a building that is—
        (a) a shed, garage or carport; and
        (b) ancillary to a residential use carried out on the premises where the building is

As a result the proposed gazebo is not considered to be part of a “dwelling” or represent a “building”
and consequently the proposed structure is not considered to be covered by the definition below
for a “dwelling house” use under the 2020 Noosa Plan.

        dwelling house means a residential use of premises involving—
           (a) one dwelling for a single household and any
               domestic outbuildings associated with the dwelling; or
           (b) one dwelling for a single household, a secondary dwelling and any domestic
               outbuildings associated with either dwelling.

The 2020 Noosa Plan does however include the site of the proposed gazebo in the Environmental
Management and Conservation Zone and covered by the above planning scheme overlays.

The following is also considered relevant in Council’s assessment of this submission against the
2020 Noosa Plan.

    (a) There is no need to obtain a development permit for material change of use for a dwelling
        houses because no dwelling house use is being proposed.

    (b) The structure does require building works approval and the required development
        application for building works will need to be referred to Council for assessment under the
        Noosa Plan 2020 and approved by Council before any development approval for building
        works is issued by a building certifier.

    (c) The building application should not need to be referred to the State despite being located
        in both the State’s Coastal Management District and Coast Area (Erosion Prone Area).

    (d) Those relevant considerations numbered (1) to (9) as identified above support the position
        that the proposed structure should be supported by Council under the planning scheme.

Council is requested to issue our office with the payment link for Council’s fees payable to Council for
its assessment of the above development application so that the applicant can pay Council’s fees directly
to Council online.




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Council is welcome to contact me directly on 0409632830 or by email through
[email protected] if Council require any further information and/or clarification in relation to
this submission.


Yours faithfully,




Greg Martoo
Principal
martoo consulting pty ltd.

Encl (1)




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