Objection Noosa Council 2021.06.28

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In the Noosa Plan 2020, the Sustainable Building Design Code states that the purpose of the Sustainable
building design code is to ensure:

    1. development is sustainable with minimal environmental impact and maximum human comfort;
    2. development conserves resources and materials and designs buildings that work with their natural
       environment and not against them;

The sheer scale of the proposed development has a disproportionate impact on the immediate surroundings
within the complex in terms of both environmental and human impact.

Prior to the merging of the two lots (a questionable decision in and of itself), lot sizes within the complex range
from 77sqm up to a maximum of 125sqm. Across the complex, from its inception, there has been a synergy
across the scale of each property, creating a balanced and considered landscape with considerations for
shading, trees, privacy and amenity.

The key benefit of each beach house occupying the same footprint, irrespective of renovation or redesign, has
ensured the precious elements of the built environment and greenspace have been maintained and preserved.

The merging of the two largest lots into one super lot of 268sqm creates a footprint and construction that is
completely out of character with the rest of the complex. Being centrally located, every owner will be
impacted to varying degree by the dominance of its sheer scale and the character of the natural environment
that has been established in the complex over more than forty years is irrevocably altered.

Each of the units immediately adjacent to or across from the development will experience significant
shade/over shadowing issues together with a loss of privacy and amenity. The loss of green space and natural
habitat, in spite of proposed landscaping works, is immense.

Furthermore, the position of the construction so close to the boundary of Unit 11 significantly impacts on
privacy requirements. I do note that the owner of Unit 11 is the same owner as the applicant for this
development and appreciate they are unlikely to disagree with their own proposal.

However, the proposal as it stands means that if approved, Unit 11 will be directly impacted by the significant
property that is immediately adjacent, reducing light, increasing shading and noise for future guests and/or
owners should the current owner seek to divest themselves of the property at some future time.

The impact on light across the course of the year is significant as it is built on the western side of the property.
The scale of the proposed construction will guarantee that properties on the eastern side of the complex are
impacted by increased periods of shade throughout the year, based on the changing position of the sun
throughout the seasons. The shadow diagrams/video do not accurately reflect these impacts.

In relation to the Noosa Plan Hastings St Tourist Accommodation zone, section 6.3.4.2 Purpose and Overall
Outcomes states that:

         1. The purpose of the Tourist accommodation zone is to provide for:
                    1. short-term accommodation; and
                    2. community uses, and small-scale services, facilities and infrastructure, to
                         support short-term accommodation and tourist attractions.
         2. The overall outcomes sought for the Tourist accommodation zone are as follows:

Point 7 says that the:

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“Development incorporates a high level of residential amenity and safety and ensures that there is no
unreasonable loss of amenity to surrounding premises.”

The sheer scale of the proposed development ensures there is significant loss of amenity both during and after
the completion of the development. The proposed building dominates the landscape, reducing the amount
of greenspace that has been long established within the overall Hastings community as well as compromising
the privacy of co-located and adjacent properties reducing access to sunlight and increasing shade effects.

Furthermore, given that the property is located within a Community Titles Scheme, the structure is completely
out of keeping with the complex overall, dominating both the driveway and properties adjacent and in front
of it. Taken together, these represent and unreasonable loss of amenity to surrounding premises.

Hastings Street is a Mixed-Use Precinct and the Noosa Plan 2020 states that “Development in the Hastings
Street mixed use precinct is consistent with the existing built form and the particular mix of accommodation,
dining, retail and other entertainment and services that have created such a vibrant and successful centre
dominated by independently operated local businesses.”

Again, renovations and refurbishments by other owners within the Community Titles Scheme to date have
largely been sympathetic to the existing built form by remaining within the permitted footprint and site
dimensions of the original build. This development seeks to ignore these requirements.
Specifically in relation to the Noosa Plan 2020 Built Form, I wish to make the following comments:
Building Height
PO9 states that buildings and other structures within the Hastings Street precinct:
1.      are low rise and present a building height consistent with structures on adjoining and surrounding
premises;
2.      do not visually dominate the street or surrounding areas;
3.      preserve the amenity of surrounding premises including privacy, views and access to sunlight;
4.      respect the scale of any nearby vegetation, retaining a vegetated skyline;
5.      respond to the topography of the site;
6.      have a maximum building height of:
        3.        Noosa Heads—three storeys (with the exception of two listed properties neither of which are
        within The Hastings complex).


Irrespective of proposed maximum height noted on the drawings, the proposed development is four storeys
with a roof top decking arrangement that overlooks the entire complex, compromising privacy and amenity
for other property users. Four stories clearly contravene the three-storey requirement of the Noosa
Development 2020 Plan.

The balconies on Levels 1, 2 and 3 fail to maintain privacy and look directly into existing windows or private
space, particularly those belonging to Unit 8 as well as the remaining adjoining properties, including Units 20,
21 and potentially Unit 12.

The addition of the external roof top deck together with outdoor dining and hot tub facilities creates an
outdoor entertaining space that specifically invites and encourages future guests and owners to gather

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thereby creating overlooking, loss of privacy and noise issues (not to mention potential breaches of Owners
Corporation rules in relation to noise and peaceful enjoyment).

Additionally, there is no mention of what noise protection works will be undertaken to ensure the plant and
machinery of the hot tub does not create undue noise across the complex. A hot tub, by virtue of its nature,
includes a pump and pumps produce noise and vibration, in this case, at height which will echo across the
complex.

Furthermore, the properties to the side specifically Units 8 and potentially Unit 12 together with Unit 11 (also
owned by the applicant) and directly across from the development (specifically Units 20 & 21) will experience
loss of light, increased shading and significant loss of privacy with the proposed development looking directly
into units 20 and 21.

In spite of the notes on the proposed development indicating that glass windows on Unit 21 are obscured, this
is actually untrue. A walk around the complex confirms that these windows are in fact, clear glazing, providing
both natural light and amenity to that property.

Building Scale and Bulk - PO10 of the Noosa Plan 2020 states that development:

   3. is of a scale compatible with surrounding development and the particular circumstances of the site;
      and
   4. does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of
      the site.

Once again, the sheer scale of the proposed development is incompatible with all of the properties
surrounding it and being centrally located on the single driveway into the complex, dominates the site and all
opposite and adjacent properties.

Noosa Plan 2020 Setbacks - PO13 states that in relation to setbacks, buildings and other structures are
designed and sited to:

         1. provide a high level of amenity to users of the subject site and adjoining premises,
            including provision of visual and acoustic privacy;
         2. not unreasonably obstruct views or cause overlooking of private open space or habitable areas
            of adjoining premises;
         3. provide adequate distance from adjoining land uses;
         4. preserve existing vegetation that will help buffer development;
         5. allow for space and landscaping to be provided between buildings including adequate area
            at ground level for landscaping with trees, shrubs, outdoor living and utilities;
         6. be consistent with the predominant character of the surrounding area, maintaining the visual
            continuity and pattern of buildings and landscape elements within the street; and
         7. protect the natural character and avoid adverse impacts on ecologically important areas such as
            the beach, Noosa River, national parks and other parklands.

In its current form, the proposed development fails to provide visual and acoustic privacy and in fact, creates
several overlooking situations into the habitable and private use areas of adjacent and/or adjoining premises
including, but not limited to Units 7 & 11 (both owned by the applicant) and Units 8, 20 and 21.

The rooftop level interferes with privacy throughout the complex looking towards Hastings St, Noosa Parade
and across towards The Sebel. The proposed development is inconsistent with the predominant character of
the surrounding area, dominating the landscape and size and scale of properties within the complex whilst
expanding the surface footprint, removing habitat and diminishing green space. Not only has the

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amalgamation of the two titles created a ‘superblock’, the proposed development is of mammoth proportion
in relation to entire complex, irrevocably altering the character, habitat and environment of the complex.

I note that in terms of the front façade, there are no setbacks shown on the plans which means the proposed
building completely dominates the shared driveway and blocks sunlight to properties directly next to and
across from it.

If the development were allowed to proceed then any and all obscure glazing or privacy screens noted on the
plans and within 10 metres of other owners’ private space or habitable windows, should have to be fixed at
the very least (not moveable or adjustable) in order to prevent viewing directly into those areas.

The plans show the footprint of the proposed building at ground level is at 54.8% of the site. Based on earlier
discussions with Noosa Council, I have been advised that each owner is only entitled to a maximum footprint
of 45%. The proposed development appears to be well in advance of this requirement. This requires further
investigation and if it is actually the case, the plan needs significant revision to ensure that the proposed
development does not exceed the stated requirement of maximum 45%.

Noosa Plan 2020, Roof forms: PO20 states that roof forms contribute positively to the local skyline;

         1. complement the character of the locality and the topography of the site;
         2. avoid box profiles/parapets; and
         3. do not create opportunities for overlooking the private open space or internal spaces of
            neighbourhood properties.

As previously noted, the proposed roof top deck area creates multiple opportunities for overlooking the
private open space of the complex as well as significantly diminishing and eroding the privacy of neighbouring
properties and granting visual access to their internal spaces. The potential for noise, overlooking and loss of
privacy are significant based on the current design. The Community Titles

Noosa Plan 2020, PO21 addresses the importance of safety and amenity and requires that any development
ensures that the design of the development and operation of uses:

         1. provide a high level of amenity to users of the subject site; and
         2. do not unreasonably impact on the amenity enjoyed by users of adjoining or nearby premises,
            including privacy and access to sunlight.

In its current form, the proposed plan does not satisfy these requirements. Furthermore, the plan as is, fails
to adequately address and meet the following conditions:

AO21.1
Buildings and structures:

         1. are sited and orientated to minimise the likelihood of overlooking the private open space of
            adjacent residential uses;
         2. avoid reduction of sunlight to at least 40% of the private open space areas of any adjoining
            residences to less than 2 hours between 9:00am and 3:00pm on any day of the year;
         3. incorporate fencing, landscaping and screening to mitigate impacts on adjoining residential
            uses.

AO21.2
Dwellings and visitor accommodation units established as part of a mixed-use development incorporate

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suitable noise attenuation measures to reduce amenity impacts from business or entertainment uses.

AO21.3
Transparent doors and windows are designed and located so they do not directly face transparent doors or
windows or the private open space areas of other dwellings or accommodation units within 10 metres;

AO21.4
Where windows, balconies, terraces, veranda’s or decks overlook or have the potential to overlook the
private open space of nearby properties or view into habitable room windows within 10 metres windows
and other openings should be permanently screened to a minimum height of 1.7 meters to avoid
overlooking, should use translucent glazing to obscure views and any windows or balconies are to be offset
by 45 degrees or more. In order to meet these requirements all areas of viewing or privacy incursions should
be required to be permanently fixed with a maximum 25% transparency or frosted glazing. In line with the
Noosa Plan 2020 requirements, they should also be 1.7 meters high (not 1.5 meters as shown).

In summary, I request that you reject this application on the basis that it fails to adequately address the
issues raised and the development is not within the spirit or design requirements of the Noosa Plan 2020.
The resulting loss of privacy, green space and amenity together with the monolithic size and scale of the
proposal is completely inappropriate within a Community Titles Scheme. If Council were to approve this
proposal, it would do so in breach of the very standards established to maintain and protect the unique
character of the Hastings Street precinct.

Sincerely,


Kris Chapman
Unit 24, The Hastings
30 Hastings Street
Noosa QLD 4567