Negotiated Report (Representations made) MCU21 0171

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Patrick Murphy, Coordinator Planning
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0171
Development Approval	Development Permit for Material Change of Use of Premises (Dwelling House)
Applicant	Nicholas Christian Jorss Katherine Jorss
Representations Received On	24 May 2022
Number of Submissions for Original Application	Not applicable

PROPERTY DETAILS
Property Address	34 Plover St Peregian Beach Qld 4573
RP Description	Lot 10 P 9313
Land Area	506m²
Existing Use of Land	Undeveloped

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Local Plan Area	Coastal Communities
Zone	Low Density Residential
Overlays	Land Subject to Acid Sulfate Soils Overlay - Above 5 metres AHD to 20 metres AHD Bushfire Hazard - Potential Impact Buffer Coastal Protection Overlay - Coastal Protection and Scenic Amenity Landslide Hazard Overlay - Moderate Hazard Area
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Material Change of Use of Premises (Dwelling House) was issued on 31 March 2022
The applicant suspended the appeal period and made representations on 24 May 2022 to the development approval conditions. The representations are detailed below but primarily relate to the front and rear setback.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 2
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DD 1.1	D	Site Plan, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22
DD 1.2	D	Basement Floor Plan, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22
DD 1.3	C	Ground Floor Plan, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22
DD 1.4	C	First Floor Plan, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22
DD 1.5	D	Roof Plan, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22
DD 2.1	C	North Elevation, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22
DD 2.2	C	East Elevation, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22
DD 2.3	C	South Elevation, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22
DD 2.4	C	West Elevation, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22
DD 3.1	C	Section A, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22
DD 3.2	C	Section B, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22
DD 3.3	C	Section C, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22
DD 3.4	C	Section D, prepared by Sparks Architects as amended by Condition 3 & 4	18.03.22

Applicant’s Representation
The applicant has requested to amend condition 2 to reflect the new set of plans which have been amended to reduce the amount of bulk within the front setback and to comply with the 6 metre rear setback.
Assessment of Representation
The proposed representation and change the list of approved plans is supported on the basis that the proposal now complies with the required 6 metre rear setback and that the extent of building bulk within the front setback has been significantly reduced. The following images detail the extent of building bulk originally proposed within he front setback and the extent of building bulk now proposed.

Figure 1: Extent of front setback intrusion originally proposed.

Figure 2: Extent of front setback intrusion now proposed

The extent of intrusion is supported as it is consistent with the prevailing character of the area whereby historically dwelling eaves were permitted to intrude within a setback.

As the front setback is now supported and the rear setback complies with the planning scheme requirements conditions 3 and 4 can be deleted.

conclusion & reasons for decision
The proposed representations are based on amended plans which are more aligned with the desired outcome of the planning scheme by way of complying with the rear setback and limiting the intrusion into the front setback to an eave like part of the building. The representations are supported.
RECOMMENDATION
With regard to Application No. MCU21/0171, and the representations made, Council on 9 June 2022 decided to:
A.	Agree to amend condition 2 to read as follows:
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DD 1.1	F	Site Plan, prepared by Sparks Architects	24.05.22
DD 1.2	F	Basement Floor Plan, prepared by Sparks Architects	24.05.22
DD 1.3	E	Ground Floor Plan, prepared by Sparks Architects	24.05.22
DD 1.4	E	First Floor Plan, prepared by Sparks Architects	24.05.22
DD 1.5	F	Roof Plan, prepared by Sparks Architects	24.05.22
DD 2.1	E	North Elevation, prepared by Sparks Architects	24.05.22
DD 2.2	E	East Elevation, prepared by Sparks Architects	24.05.22
DD 2.3	E	South Elevation, prepared by Sparks Architects	24.05.22
DD 2.4	E	West Elevation, prepared by Sparks Architects	24.05.22
DD 3.1	E	Section A, prepared by Sparks Architects	24.05.22
DD 3.2	F	Section B, prepared by Sparks Architects	24.05.22
DD 3.3	E	Section C, prepared by Sparks Architects	24.05.22
DD 3.4	E	Section D, prepared by Sparks Architects	24.05.22
B.	Delete conditions 3 and 4.
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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