23576 DA - Change a Development Approval [As Published] · 132003.221108.2

Section 14.95 of the Building Works Code relates to building setbacks and details-a-minimum-front
setback of 6.0 metres. The applicant is seeking a relaxation of this provision to enable an
encroachment of 2.4 metres into this setback area. The applicant notes that relaxations have been
granted in the past in recognition of the site being constrained and seeks a relaxation on the basis
that the proposal will not impact on the surrounding area. The Specific Outcomes of Section 14.95
of the Code state:

01 Buildings and other structures are appropriately designed and sited to—
a) provide amenity for users of the premises as well as preserve the visual and acoustic
privacy of adjoining and nearby land uses;

The area of encroachment will not be readily visible to the road or adjoining sites as illustrated by
plates 5 and 6.

b) preserve any existing vegetation that will buffer the proposed building from adjoining
uses;

No vegetation to be removed as part of proposed works.
c) allow for landscaping to be provided between buildings;
Existing landscaping to be retained.

d) maintain the visual continuity and pattern of buildings and landscape elements within the
stroet;

The proposed setback and building works complement the existing building design and is consistent
with the built form of the area. It is noted that Council has approved many relaxations due to the
constrained nature of the area.

€) for class 10a structures, do not visually dominate the street;
As demonstrated by plates 5 and 6 the area of encroachment will not be visible to the street.

) avoid any significant adverse impacts on the natural values of watercourses and their
foreshores, including those of the Noosa River and its lakes; and

The reduced setback is located over an existing building and will not impact on the natural values of
the area.

g) do not interrupt the natural cycles of erosion and accretion of watercourses and foreshore
areas.

The reduced setback is located over an existing building and will not impact on the natural values of
the area.

3. CONCLUSION

The development proposal involves an extension to an existing dwelling located at the end of Bayview
Road, Noosa Heads. The site is significantly constrained in terms of slope with the existing dwelling
previously granted a number of relaxations in terms of height and setbacks. This proposal seeks approval
for a small extension which results in minor encroachments into height and setback requirements. These
encroachments are do not impact on the character of the area and are not visible to the street or
surrounding premises. This application can be supported on a number of grounds as previously detailed.
These grounds include:

+ The proposed extensions involve the enclosure of existing deck which is currently
partially covered by a fixed tension membrane umbrella/ shade;

+ The area of intrusion will not be readily visible to the surrounding area;

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