Delegated Report - Code - Planning MCU22 0174 · MCU22/0174

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0174
Applicant	Edward Street Development P/L
Proposal	Material Change of Use - Dual occupancy
Properly Made Date	5 October 2022
Information Request Date	21 October 2022
Information Response Date	14 December 2022
Decision Due Date	28 March 2023
Report Reviewed & Finalised By	Lisa Pienaar - 22 March 2023

PROPERTY DETAILS
Property Address	Kingston 23 Edward St Noosaville
RP Description	Lot 0 GTP 492, Lot 1 GTP 492, Lot 2 GTP 492
Land Area	612.33 m²
Existing Use of Land	Dual Occupancy

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Noosaville Local Plan
Overlays	Land subject to Acid Sulfate Soils Overlay Flood Hazard Overlay
Assessment Type	Code
PROPOSAL
This application seeks approval to construct a new dual occupancy at 23 Edward Street, Noosaville.  The proposed dual occupancy is 2 storeys and comprises 1 x three bedroom unit on the ground floor and 1 x three bedroom unit on the upper floor.  Two double garages are located to the site’s front with a large terrace and pool provided on top of the garages for the sole use of the upper level unit.
The locality and proposal plans are included below.

Figure 1 – Locality

Figure 2 – Lower Floor Plan

Figure 3 – Upper Floor Plan

Figure 4 – Front & Rear Elevations
site details
Background
A single storey older dual occupancy exists on site which will be demolished for the new dual occupancy.
Site Description
The land has an area of 612m2 and is zoned medium density residential under the Noosa Plan 2020.  A group title lot has been created over each of the existing units, with these lots to be amalgamated to accommodate the development.  The site is generally level and requires some fill to establish a minimum floor level to meet the minimum habitable floor level.
The site has a narrow verge of approximately 1.5m which will limit the footpath design requirements.  There is no significant vegetation on site with some golden cane palm trees located to the site’s frontage, which will be removed for the proposed redevelopment of the site.
Surrounding Land Uses
The area has been developed for dual occupancy and multiple dwellings consistent with the zoning intent for the area.  Buildings in Edward Street are 2 storeys, with 3 storey developments closer to Gympie Terrace.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Noosaville Local Plan Code
Dual Occupancy & Multiple Dwelling Code;
Works Codes;
Flood Hazard Overlay Code.
The subject site is located in Noosaville and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been assessed against the above codes and the pertinent matters arising out of the assessment are outlined and discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Site cover	40% max	39.98 %	
Plot ratio	0.4:1 max	0.39:1	
Boundary setbacks Frontage Side Side Rear	6 metres min 1.5/2.0/2.5 metres min 1.5/2.0/2.5 metres min 6 metres min	6 metres (noting 4 x 2 sets of stairs are located 4.6m) 1.5/2.0/2.5  metres 1.5/2.0/2.5  metres 5.2 metres lower level eave 5.7m to upper level eave	X
Length of wall	15 metres max	< 15 metres	
Roof Form Pitch Eaves	Min 5 degrees Min 600mm to 75%	5 degrees 600mm to >75%	
Landscaped open space Soft landscaping Landscaping Setbacks	245 m² min 147 min 60% of total 6 m 2m to car parking	264 m² 230 m² 6m except for driveway/manoeuvring areas 1m	X
Private Open Space	25 m² min ground level 12m2 above ground level	> 25m² > 12m2	
Garages (where face street)	No more than 6m in width or 50% of frontage whichever is lesser Garages are separated by a min of 2m or staggered in setback by 1m	< 6m each and less than 50% separation of garage doors, but not garages, no staggering	X
Carparking	2 covered min 1 additional space	4 covered	
The proposed development raises issues in respect to the proposed front setback, front landscaped setback, rear setback, garage and building design and potential privacy issues for neighbouring properties.  These are discussed below having regard to the planning scheme’s outcomes.
Front Setback
The proposal partly intrudes into the front setback with a short set of stairs located either side of the dual occupancy at 4.6m.  These stairs assist pedestrian access to each of the units, are low rise and will not adversely impact the streetscape.
Front Landscaped Setbacks
The proposal narrows to a 1m strip of landscaping to the site’s frontage to accommodate the proposed driveway and vehicle manoeuvring but then widens out to 6m of landscaping.  The proposed layout is consistent with the Driveways and Parking Code outcome and will ensure the manoeuvring area will not dominate the streetscape. Sufficient area is proposed within the side rear and frontage of the property to establish meaningful landscape in natural ground. Additional screening plants have been conditioned in the gardens adjacent the eastern frontage. Banksia integrifolia is a tall species that will assist in anchoring the corners and provide screening of the development from Edward Street.
Rear Setback
The proposed building intrudes into the 6m rear setback with the lower level eave setback 5.2m and the upper level eave setback 5.7m for their full length. The applicant submits that the lower level is a minor encroachment and is warranted as the elevation faces wests and wide eaves provide shading to the building.  The building is also setback 6.79m exceeding the 6m minimum setback.  It is agreed that the proposed rear setbacks meets the specific outcome, as it will not impact adversely on neighbours amenity, and still allows space and landscaping between buildings.
Garages
The proposal presents 4 garages across the site’s frontage, setback 6.3m from Edward Street and located 0.3 metres forward of the proposed upper floor.  The applicant submits that the garage doors comply with the outcomes specified in AO15 of the Medium Density Residential Zone Code as they are no more than 50% of the site’s frontage and are separated by 2 metres.  The applicant also suggests they meet PO15 because the doors are vertical timber look battening and are more of an architectural feature.
The Acceptable outcomes of the Code requires the following:
AO15.1
Garage doors that face the street are no more than 6 metres in width or 50% of the frontage, whichever is the lesser.

AO15.2
Where multiple garages face the street, they are separated by a minimum of 2 metres or are staggered in setback by a minimum of 1 metre.
The proposed garage doors are both less than 6m wide being 4.8m wide. Although the garage doors are 2 metres apart, the proposed garages are not separated by 2m being joined and are not staggered.  The provision refers to garages and not just the garage doors as suggested by the applicant.
Therefore, the proposal is assessed against the corresponding Performance outcome as follows:
PO15
Garages, garage doors and carports do not dominate the street or the building design
The proposed design is somewhat assisted by the vertical timber look battening but given the garages are set forward of the building façade, and are similarly finished, the garages will still dominate the street and building design.  Therefore, further amendment is required to the plans to visually vary the finishes of this lower level to meet this Code requirement.  A condition requiring amendment to the plans will be conditioned accordingly.
Building Design
The proposal does not achieve AO14.1 and PO14 as the design does not sufficiently highlight the individual units, or present as asymmetrical or offset or stagger the dwellings to provide variation in the frontage.  Some further variation is also required to the external finish to the southern elevation where the stairs are proposed to provide an interesting built form.  Conditions are recommended requiring the plans to be amended to incorporate some additional individual design elements.

Privacy
The terrace of the upper level unit has been designed to prevent overlooking of the neighbouring properties private open space to the south and north.  To the south, this terrace is partly screened by the enclosed stairs with the neighbouring dual occupancy to the south having a highset window.  To the north, a privacy screen has been included to prevent overlooking as shown on detailed design perspective 5 exert below.  These measures are considered sufficient to maintain privacy for neighbours and prevent overlooking from this upper level terrace.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme, subject to a number of amendments to the plans to provide greater interest in the building’s presentation to the street and surrounding area.  Further, while the plans appear to have a roof pitch of 5 degrees this is not identified on the plans and requires clarity.   The application is therefore recommended for approval with amendments required to the plans.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0174 for a Material Change of Use - Dual occupancy situated at 23 Edward St and described as Lots 0 -2 GTP 492, it is recommended that a preliminary approval be granted in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0174
Street address:	23 Edward St Noosaville 1/23 Edward St Noosaville 2/23 Edward St Noosaville
Real property description:	Lots 0-2 GTP 492
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dual occupancy
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Currency Period
This development approval lapses if the use has not happened by 22 March 2029, unless an application to extend the currency period is approved by Council.
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed in the tables below. The plans must be amended to incorporate the amendments listed within the table below and resubmitted to Council prior to the issue of any Development Permit for Operational Works.
Plan No.	Rev.	Plan/Document Name	Date
DD2.1	C	Detailed Design Ground Floor Plan	08/02/2023
DD2.2	C	Detailed Design First Floor Plan	08/02/2023
DD2.3	C	Detailed Design Roof Plan	08/02/2023
DD8.3	C	Detailed Design Perspective 3	08/02/2023
DD8.4	C	Detailed Design Perspective 4	08/02/2023
DD8.5	C	Detailed Design Perspective 5	08/02/2023
DD2.10C	C	Detailed design landscape plan Tim Ditchfield Architects	08/02/2023
The following plans require amendment.
Plan No.	Rev.	Plan/Document Name	Date
DD3.1	C	Detailed Design Section A	08/02/2023
DD3.2	C	Detailed Design Section B	08/02/2023
DD3.3	C	Detailed Design Section C	08/02/2023
DD3.4	C	Detailed Design Section D	08/02/2023
DD4.1	C	Detailed Design East Elevation	08/02/2023
DD4.2	C	Detailed Design North Elevation	08/02/2023
DD4.3	C	Detailed Design South Elevation	08/02/2023
DD4.4	C	Detailed Design West Elevation	08/02/2023
DD8.1	C	Detailed Design Perspective 1	08/02/2023
DD8.2	C	Detailed Design Perspective 2	08/02/2023
Amendments	Separate the garages by a minimum of 2m or stagger the garage setback by a minimum of 1m or vary the external finish of each garage to visually ‘break up’ this façade and further highlight the individual dwellings consistent with PO14 and PO15 of the Medium Density Residential Code. Include an additional design element to the southern wall for the stairs to add visual interest. Detail the proposed roof pitch of the main roof of the building on the plans, to be not less than 5 degrees.
*(Refer to Advisory Note)
Building Height
The maximum height of the development must not exceed 8 metres above the ground level.
Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
External finishes of the building must be a mix of lightweight and textured external finishes, with masonry areas incorporating a variety of textured finishes to break up the surface.
All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or the like thus remaining as open structures.
All balustrades to decks and balcony areas must be open or transparent.
External colours and finishes must be of an understated colour scheme and low-reflective roofing and cladding materials.
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Waste storage areas, clothes drying areas and external storage areas must be screened from view of the street.
Fencing and Walls
Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre and articulated to provide visual interest by stepping the design.
Any fencing on the front boundary must either:
not exceed a maximum height of 1.2 metres
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
The proposed fill and side boundary fences must taper down to the front boundary to the reasonable satisfaction of the Manager Development Assessment.
Protection of Privacy
The upper level terrace must include either balcony planter boxes, balustrading or fixed external screens, positioned in such a way to obscure direct views into the private open space areas of the adjoining property to the north as shown on the Approved Plans.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
Detailed landscape plans undertaken by a qualified person generally in accordance with the works shown on the Approved Plans
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
landscaping feature trees (45 litre Banksia integrifolia) provided within the eastern frontage landscape area.
vegetated screening of the eastern elevation from Edward Street, designed such that 30% of the eastern elevation will be softened at maturity.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Waste Management
A waste storage area must be provided in accordance with Planning Scheme Policy 9, Waste Management and the Noosa Plan’s Waste Management Code, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Land Amalgamation
The site subject of the development must be amalgamated, prior to the issue of an Operational Works approval.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice and, in particular, must include the following additional clause:
The dwelling units are not permitted to be used for short term accommodation, unless where identified as accepted development by the Noosa Plan or where there is a Development Permit for Material Change of Use for Short Term Accommodation in effect. Short term accommodation means the use of the premises for providing accommodation of less than 3 consecutive months to tourists or travellers.

ENGINEERING

External Works
Edward Street must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice; and
removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
Condition 25 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Edward Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must be generally in accordance with:
For layout purposes, Drawing number DD2.1 C revision C prepared by Tim Ditchfield Architects dated 8 February 2023;
For civil works, Drawing number 32091-OW4.1 revision A prepared by SCG Consulting Engineers dated 30 November 2022;
For civil works, Drawing number 32091-OW4.2 revision A prepared by SCG Consulting Engineers dated 30 November 2022;
For civil works, Drawing number 32091-OW4.3 revision A prepared by SCG Consulting Engineers dated September 2022.
Car Parking
A minimum of 2 covered car parking spaces and 1 additional car parking space must be provided on the site.
All car parking spaces and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular a 1.2 metre wide footpath within the road verge for the entire length of the site’s frontage to Edward Street
Condition 29 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 32091-SW1.1 revision A prepared by SCG Consulting Engineers dated 30 November 2022
Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Services
Reticulated electricity and telecommunication services must be provided to each dwelling in accordance with the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All earthworks and associated retaining structures must be undertaken in accordance with an Operational Works approval.
All earthworks and associated retaining structures, both above and below ground level, both temporary and permanent, must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.

referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plans to Council’s Development Assessment Branch with the Reference No. MCU22/0174, separate to any Operational Works application. To avoid delays and assessment issues with the Operational Works application, it is recommended the plan/s be resubmitted prior to lodgement of any Operational Works application. However, should the plans not be submitted, the applicant is advised that a Preliminary Approval may be issued in lieu of a Development Permit.
Sustainability
Council encourages sustainable and energy efficient building design for all development, including the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), solar panels, water saving devices and rainwater harvesting.
Fires in Urban Areas
In urban areas fires are prohibited except where in an appliance is used for domestic heating or cooking purposes, which must comply with particular standards. Any area identified as a fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. 3, Schedule 3.  Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a Development Permit for Operational Works where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction;
maintenance of safe vehicle and pedestrian access for the areas affected by the works during and after daily construction has ceased;
proposed fencing to the site during the construction phase of the development.
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures.
works programme identifying key components of the works and their respective durations.
establishment of a communication protocol with the general public, adjoining owners and emergency services to advise of agreed construction times, impacts on traffic, services and other relevant issues.
Include a post out to the local residents advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense.
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Qualified Person
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access, Frontage works, Stormwater, Earthworks, Landscaping
Development Permit for Building Works	All building work (including demolition)
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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