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MCU20/0037 - Further Information (Email 2 OF 2)

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Subject: MCU20 / 0037 - 11 Margit Crescent, Sunrise Beach 4567 (EMAIL 2 OF 2)
From: Alan Irvin
Date: 2021-03-24T01:40:14+00:00
To: Mailbox Council Mail, Patrick Murphy

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EMAIL 2 OF 2

Attention: Patrick Murphy

Hi Patrick,

Following our meeting on 20 November 2020, the applicant for the abovementioned project has considered the advice provided and incorporated some substantial alterations to the proposed development which address the key issues.

These substantial alterations seeks to address the recurring issues identified within:


  *   the information request from Noosa Council on 19 May 2020; and
  *   the further advice from Noosa Council on 07 September 2020.

A key outcome from our meeting on 20 November 2020 was the achievement of a site cover (40%) and plot ratio (0.45) which complies with specific outcome O7 and specific outcome O8 of the Eastern Beaches Locality Plan Code without exception. This is despite the structure of Noosa Plan 2006 and the performance based approach to development assessment established by the Planning Act 2016 and the preceding Sustainable Planning Act 2009 and Integrated Planning Act 1997.

The amended architectural plans achieve a plot ratio of 0.44 and a site cover of 40%.

In addition to the abovementioned and in comparison to the further advice response lodged with Noosa Council on 05 November 2020, the amended architectural drawings and amended landscape drawings, incorporate the following key changes:


  *   a reduction in the site cover from 43% to 40%
  *   a reduction in the plot ratio from 0.50 to 0.44
  *   a reduction in the building length from 17.785m to 15.860m
  *   a reduction in the landscape area to 34% to 31%
  *   the maintenance of a soft landscaping area of 80%
  *   the consolidation of two (2) crossovers into one (1) crossover being 4.000m wide with 0.500m apron tapers
  *   a reduction in the front boundary setback to the garage from 7.610m to 6.625m
  *   the relocation of pedestrian entrances from a central location to adjoining the side / northern boundary and side / southern boundary;
  *   an increase in the side / northern boundary setback and side / southern boundary setback to the garage from 0.960m to 2.400m
  *   an increase in the side / northern boundary setback and side / southern boundary setback to the outdoor room from 1.500m to 2.480mm
  *   an increase in the rear boundary setback from 6.690m to 7.730m
  *   an increase in the front boundary setback to the void from 9.130m to 10.015m

The extent of changes from lodgement of the development application (20 April 2020) to lodgement of the information request response (13 August 2020) to lodgement of the further advice response (05 November 2020) to the final response (24 March 2021) have been summarised by the attachment.

In relation to the building height in storeys, which has been in dispute and was discussed at our meeting on 20 November 2020, we note the following.

The garage for each dwelling unit has been relocated towards the front boundary, whilst maintaining a complaint front boundary setback in accordance with Schedule 1 and probable solution S5.1 of the Eastern Beach Locality Code. This avoids any overlap between the upper level deck accessed from the master bedroom for each dwelling unit and the outdoor room and garage below. Whilst we maintain that to be considered a storey, the floor level needs to be within a building and this has been confirmed by the Planning and Environment Court, the following extracts from 20 – 003 DA 162 Revision D and 20 – 003  DA 163 Revision D clearly remove any ambiguity about the building height, in storeys.

For clarity, the pergola which extend from the upper level deck accessed from the master bedroom is not a ceiling or roof.

[cid:[email protected]][cid:[email protected]]

The relevant definitions under the Noosa Plan 2006 in relation the building height, in storeys, are as follows:


  *   building height in storeys means the number of storeys in a building measured vertically at any point, provided that a basement shall not count as a storey
  *   storey means that space within a building which is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above and includes a space for the accommodation of vehicles. Any such space that exceeds a vertical dimension of 5.0m comprises more than one (1) storey

In addition, the proposed development provides a site responsive design which address the topography, which slopes by 3.0m from the rear boundary to the front boundary, while limiting the extent of cut and filling.

In summary, the proposed development involves Multiple Housing (Type 2 – Duplex) within the Attached Housing Zone of the Eastern Beach Location which is anticipated and:


  *   is entirely consistent with the scale, form and materiality prevailing within Margit Crescent
  *   make a positive and respectful contribution to the streetscape, refer to 20 – 003  DA 211 Revision D
  *   does not impact on the safety of residents or visitors
  *   does not result in undue overshadowing of adjoining buildings and private open spaces areas, refer to 20 – 003  DA 201 Revision D, 20 – 003  DA 202 Revision D, , 20 – 003  DA 203 Revision D and 20 – 003  DA 204Revision D
  *   does not impact on the acoustics quality of visual qualities of adjoining residents and visitors
  *   does not involve the removal of significant vegetation or impact on the natural environment
  *   contributes to the provision of quality accommodation for residents
  *   provides easy access to the beach and local services
  *   provides a site responsive form with a densely landscaped sub tropical setting

We acknowledge our final response, including amended architectural drawings and amended landscape drawings, has been provided the business day prior to the end of the stopped period (25 March) following which the balance of the decision period, being one (1) business days, being until 26 March 2021 will continue.

Following your review of the amended architectural drawings and amended landscape drawings, we would appreciate a call to discuss the project and associated timeframes. Where there is agreement that Noosa Council may be able to proceed with a favourable decision, the applicant is willing to extend the decision period via agreement.

Regards,

[cid:[email protected]]

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