26 0116 - Change Req Letter

    ▪   Noosa Heads Locality Code;
    ▪   Residential Uses Code;
    ▪   Landscaping Code; and
    ▪   Engineering Works Code.

Of relevance to this request, Specific Outcome O10(c) and Specific Outcome O11 of the Noosa Heads Locality
Code prescribed a maximum site cover of 40% and maximum plot ratio of 0:45.1 respectively. A review of the
Council’s Delegated Report confirms that the development was approved with a 39% site cover and a plot ratio
of 0:45.1.

The planter box was introduced as part of MCU17/0559.04. Due to the lack of backfilling undertaken at the
rear of the Subject Site, it is understood that the Council now considers the downstairs living area as Gross Floor
Area (GFA), despite previously accepting this area as ‘basement’. Where meeting the definition of ‘basement’
(i.e. a basement with a ceiling that is not more than 1m above ground level), which was the case with all prior
approvals granted over the Subject Site, the downstairs living area was excluded from GFA calculation for the
purposes of assessing plot ratio. Focus Survey Group has prepared a topographic survey (refer Attachment 3 –
Topographic Survey) confirming that the basement does not feature a ceiling that exceeds 1m above ground
level (refer Figure 6). The survey also in turn confirms that the built form at no point exceeds 2 storeys as the
‘basement’ does not count as a storey as per the building height in storeys definition of the Superseded Scheme.

Figure 6 – Topographic Survey




Noting that the Council continues to classify the downstairs living area as GFA, despite the findings of the
topographical survey, the constructed development is perceived as containing a plot ratio >0.45:1, thereby
resulting in non-compliance with Specific Outcome O11 of the now superseded Noosa Heads Locality Code.

In an attempt to fabricate compliance with Specific Outcome O11, it is understood that the planter box was
approved by the Council in an attempt to artificially create a false ‘ground level’ in order to achieve compliance
with the prescribed maximum plot ratio. Regardless, a planter box has no influence or bearing on ‘ground level’
and thus, it is our offices professional opinion that the constructed development remains compliant with the
prescribed maximum plot ratio of 0.45:1, as the downstairs living area is defined as ‘basement’.



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