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MCU15/0120 - Delegated Report
DELEGATED REPORT PLANNING APPLICATION FOR DEVELOPMENT APPROVAL Application no: MCU15/0120 Author: Jack Lewis APPLICATION DETAILS Applicant: Teeland Architects Proposal: Development Permit for Material Change of Use - Detached House Properly Made Date: 22/12/2015 Decision Due Date: 28/01/2015 Number of Submissions: NA PROPERTY DETAILS Property Address: 6 Stevens St SUNSHINE BEACH QLD 4567 RP Description: Lot 697 RP 48111 Land Area: 506m2 Existing Use of Land: vacant STATUTORY DETAILS SEQRP Designation: Urban Footprint Planning Area / Locality: Eastern Beaches Planning Precinct / Zone: Semi Attached Housing Assessment Type: Code PROPOSAL: The application seeks approval for a detached house within the Coastal Protection Area of the Natural Resources Overlay at 6 Stevens St, Sunshine Beach. The Locality Plan with the overlay and the proposal plans are included below: SITE DETAILS: Background / Site History Application No. Decision and Date REC14/0007 7 October 2014 - Development Permit for Reconfiguring a Lot 3 into 4 lots. Site Description Site & Locality Description Road Frontage 15m frontage to Stevens Street and 33m frontage to the easement for access & services. Existing Significant Vegetation Nil Topography: 5% slope to the east (away from the street). Surrounding Land Uses: Detached houses. ASSESSMENT: The application has been assessed against the following statutory instruments, including: the South East Queensland Regional Plan, any applicable state planning policies, the state planning regulatory provisions, any applicable temporary local planning instrument The application has also been assessed against the planning scheme, including the following applicable codes: Detached House Code Natural Resources Overlay Code The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below. Coastal Protection Overlay Code The code requires no structures within 6m of the rear boundary and 5m of landscaping to protect the coastal dunes. Even though there is a house seaward of the rear boundary, the applicant has set the building back more than 6m from this boundary with landscaping consistent with the code. A condition is recommended for appropriate coastal landscaping within the rear setback. The house is compliant with all setback, height and built form provisions of the detached house code. General conditions are recommended pertaining to streetscape landscaping and muted colours. CONSULTATION: IDAS Referral Agencies The application was referred to the following IDAS referral agencies: Nil Other Referrals Nil Public Notification Not Applicable. CONCLUSION: The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that can not be addressed by reasonable and relevant conditions. The application is therefore recommended for approval. RECOMMENDATION APPROVE WITH CONDITIONS Application No. MCU15/0120 for a Detached House situated at 6 Stevens St SUNSHINE BEACH as identified in the attached details recommended for the Decision Notice. Development Application Number MCU15/0120 1. APPLICATION DETAILS Application No: MCU15/0120 Street Address: 6 Stevens St SUNSHINE BEACH QLD 4567 Real Property Description: Lot 697 RP 48111 Planning Scheme: The Noosa Plan (16 September 2013) 2. DECISION DETAILS The following type of approval has been issued: Development Permit for Material Change of Use - Detached House 3. RELEVANT PERIOD OF APPROVAL The relevant period for this development approval is 4 years starting the day that this development approval takes effect. 4. 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. 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 TP200 TP01 Site Plan drawn by Teeland Architects 16/12/2015 TP201 TP01 Ground Floor Plan drawn by Teeland Architects 16/12/2015 TP202 TP01 Upper Floor Plan drawn by Teeland Architects 16/12/2015 TP203 TP01 Roof Plan drawn by Teeland Architects 16/12/2015 TP301 TP01 Elevations drawn by Teeland Architects 16/12/2015 TP302 TP01 Elevations drawn by Teeland Architects 16/12/2015 TP501 TP01 Street View drawn by Teeland Architects 16/12/2015 Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. Building Height The maximum height of the development must not exceed 8 metres above the natural ground surface and the finished ground level and 2 storeys. Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice. Landscaping A mix of suitable coastal native landscaping, including groundcovers, shrubs and trees are to be planted within the nominated garden landscaped areas prior to the commencement of the use. This area of the site must be densely landscaped with suitable coastal species in accordance with Council’s Planning Scheme Policy 3 – Landscaping Plants and Guidelines. The existing Cupaniospis anarcoides (Tuckeroo) and Banksia integrifolia (Banksia) within the road reserve must be retained. A minimum of 2 x 45L native coastal street trees shall be planted within the frontage of the site. Recommended species include Pandanus and/or Acronychia imperforate (Fraser Island Apple). Earthworks Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards (The Noosa Plan), so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural overland flows. Earthworks carried out on site must not affect the structural integrity of any of the existing fences and/or buildings and/or structures and/or land that border the development site. Fences that are affected must be replaced, prior to the Building Certifier issuing the Certificate of Classification. Building Design External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment. 5. REFERRAL AGENCIES Not Applicable. 6. REFERENCED DOCUMENTS Not Applicable. 7. ADVISORY NOTES The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions: Aboriginal Cultural Heritage Act 2003 There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act). The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage. You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act. Development Compliance Inspection Prior to the commencement of the use, please contact Council's Development Audit & Response Unit to arrange a Development Compliance Inspection. 9. PROPERTY NOTES Not Applicable. 10. PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME Not Applicable. 11. FURTHER DEVELOPMENT PERMITS REQUIRED Development Permit for Building Work 12. SELF ASSESSABLE CODES Not Applicable. 13. SUBMISSIONS Not Applicable. 14. REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME Not Applicable. 15. RIGHTS OF APPEAL You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. 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