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MCU19.0030 217 Gympie Trce Submission

Attached to the e-mail MCU190030 Submission - Carlos & Flavia Vanselow & Mathew & Tanya Grut.msg.

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Thursday, 13th June 2019
Ref: Submission MCU19/0030


Chief Executive Officer
Noosa Council
PO Box 141
Tewantin Qld 4565
By Email: [email protected]

Dear Sir,

Submission to Development Application MCU19/0030 for a
Multiple Housing Type 4 Conventional (3 Units) located at
217-219 Gympie Terrace, Noosaville, described as Lot 1 on
RP66483 & Lot 1 on RP70165

The purpose of this letter is to make a submission about the abovementioned
development currently being publicly notified. The application by is for a multiple
dwelling development comprising 3 dwelling units at 217 Gympie Terrace. This
submission expresses some valid planning concerns about the proposed
development because of the likely adverse amenity impacts that will be caused
to adjoining residential properties.

It is accepted that the land is currently vacant and able to be developed in
accordance with the Noosa Plan. The site is not significantly constrained other
than being subject to river flooding and tidal inundation during storm surge
events. Consequently, it is reasonably expected that the development should
meet minimum floor level requirements; however, this does not mean the
proposal should exceed the expected building height or building setbacks
requirements.

Under specific outcome O8 of the Noosaville Locality Code the proposed
development is to be 3 storeys in height and not exceed 12m from natural
ground level. The proposed development exceeds the required building height by
about 500mm. It is accepted that this height exceedance is near the road
frontage; however, the proposed development is large and bulky in appearance
extending across two allotments with no separation and is imposing on adjoining
residential properties, in particular when viewed from behind.

The key concerns about the proposal and impacts upon adjoining properties is
with respect to building setbacks. Under specific outcome O9, the required
building setbacks under Schedule 1 – Minimum Boundary Setbacks for the
Visitor Mixed Use Zone in Noosaville, include:
    a) 6m from the front boundary for up to 2 storeys;
    b) 10m from the front boundary for the 3rd storey;
    c) From side boundaries, a distance equal to half of the wall height;
    d) 6m from the rear boundary for up to 2 storeys; and
    e) 8m from the rear boundary for the 3rd storey.
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The above requirements are the same under Table 1.3 for a Multiple Housing
Type 4 – Conventional use.

The proposed development has the following side boundary setbacks:
   • Basement - west 3.5m and east side 3m;
   • Level 1 - 3.5m and east 3m;
   • Level 2 & 3 - west 5.7m, 3m, 3.5m and 2.8m to terrace and east 3m and
      3.5.

Consequently, the proposed development provides inadequate side boundary
setbacks, not being half the height of the building at any point. These reduced
building setbacks, in particular at the third level, will has a significant impact
upon the amenity of adjoining residential properties. While it is acknowledged
the applicant has taken steps to reduce the impact and improve view lines near
the south western corner, this is inadequate. There is no reason why the
proposal cannot fully comply with the required building setbacks given the site is
not significantly constrained.

With respect to the rear boundary setback, the proposed development is to have
a 6m building setback for levels 1 and 2 and 8m to the third level. The proposed
development has a 6.2m setback to the lift, stairs and terrace area for all levels
and does not comply. Having regard to specific outcome O9, the proposed
development:
   • does not preserve amenity for users of premises in terms of visual
      amenity of adjoining premises; and
   • does not provide adequate distance from adjoining land uses.

Because of the reduced building setbacks to the east, west and south, the
proposed development has not been designed and sited to not unreasonably
diminish the existing sunlight to the adjoining residences and associated private
open space areas in accordance with specific outcome O14 of the Residential
Uses Code. Further, the proposed design of the dwelling units does not ensure
the visual privacy of residents of the development and neighbouring properties is
protected as required by O13. It is requested that additional measures be taken
to prevent overlooking into the property at 7 Elizabeth Street.

The proposed development does not comply with many provisions under the
Noosa Plan in particular building setbacks. This will have a significant adverse
impact upon the amenity of adjoining residents in terms of loss of sunlight,
views and general amenity.

It is requested that the proposed development be required to meet all
requirements of the Noosa Plan or otherwise the application should be refused.

Yours faithfully


Unit 1/7 Elizabeth Street
Carlos & Flavia Vanselow

Unit 2/7 Elizabeth Street
Mathew & Tanya Grut




Submission for Development Application MCU19/0030, June 2019
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