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           Development Application
               Planning Report


      Material Change of Use for Multiple Dwellings
          (6 x small dwellings and 2 x dwellings)
10 Natasha Avenue and 24 Katharina Street, Noosa Heads
described as Lot 2 on RP122891 and Lot 135 on RP92518




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Contents
1.0      Summary ......................................................................................................................... 3
  1.1       Development application details ............................................................................................. 3
  1.2       Planning instrument details ..................................................................................................... 3
  1.3       Referral agencies ..................................................................................................................... 3
2.0      Site details ....................................................................................................................... 4
  2.1       Site description ....................................................................................................................... 4
  2.2       Surrounding land uses ............................................................................................................. 5
3.0      Proposed development details ......................................................................................... 6
4.0      Planning assessment ........................................................................................................ 7
  4.1       Technical Compliance .............................................................................................................. 7
  4.2       Building height ........................................................................................................................ 8
  4.3       Setbacks................................................................................................................................ 10
  4.4       Sustainable Design Code ........................................................................................................ 11
5.0      State assessment and other matters .............................................................................. 12
  5.1    State interests ....................................................................................................................... 12
    5.1.1 Matters established in the Planning Regulation ............................................................................ 12
    5.1.2 State Planning Policy ...................................................................................................................... 12
6.0      Conclusion ..................................................................................................................... 12



Client Name:         Mark Bain Constructions Pty Ltd
Prepared by:         Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version:             1
Date:                22 December 2021




This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.




                                                                                                                                        Page 2 of 12

Page 3

1.0 Summary

1.1 Development application details
 Proposed development:        Multiple dwellings
                              (6 x small dwelling units and 2 x dwelling units)
 Type of approval sought:     Development Permit for Material Change of Use
 Site address:                10 Natasha Ave and 24 Katharina St, Noosa Heads
 Real property description:   Lot 2 on RP122891
                              Lot 135 on RP92518
 Site area:                   Lot 2 - 1522m²
                              Lot 135 – 515.63m²
                              Total = 2,038
 Assessment manager:          Noosa Council
 Owner details:               Mark Bain Constructions Pty Ltd
 Applicant details:           Mark Bain Constructions Pty Ltd c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:       State Planning Policy 2017
 Regional plan:               SEQ Regional Plan 2009–2031 (version commenced 2 May
 Designation:                 2014), Urban footprint designation.
 Planning scheme:             The Noosa Plan 2020
 Zone:                        Medium Density Residential zone
 Level of assessment:         Code
 Applicable overlays:         Nil
 Applicable codes:            Noosa Heads Local Plan Code
                              Medium Density Residential Zone Code
                              Dual Occupancy and Multiple Dwelling Code
                              Works Codes


1.3 Referral agencies

Nil




                                                                                     Page 3 of 12

Page 4

2.0 Site details
2.1 Site description
Table 1: Site description
 Site characteristic                                                  Description

 Existing land use                   Multiple dwellings (3 storeys)

 Frontage and access                 28m to Natasha Ave and 17.1m to Katharina St

 Topography and views                The site slopes from east to west and north to south.

 Existing vegetation                 Scattered vegetation which is to be removed as part of the development
                                     works.




Figure 1 - Aerial view and site identification.




                                                                                                Page 4 of 12

Page 5

2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

   North       Dwelling Houses (Low Density Residential Zone)

   South       Dual Occupancy and Multiple Dwellings (Medium Density Residential Zone)

    East       Dual Occupancy and Multiple Dwellings (Medium Density Residential Zone)

   West        Dual Occupancy and Multiple Dwellings (Medium Density Residential Zone)




Figure 2 - Zone map.




                                                                                         Page 5 of 12

Page 6

3.0 Proposed development details
Table 3: Summary of development aspects
 Material change of use

 Building height                K1 to K6 - <8m and 2 storeys
                                N1 and N2 - 9.25m and 3 storeys

 Plot ratio (GFA)               Total – 0.485:1 (988m²)

 Site coverage                  45.6% (931m²)

 Car parking                    Total 18 spaces (10 spaces plus 8 visitor spaces)

 Site access                    Natasha Avenue and Katharina Street


The application proposes Multiple dwelling with the following features:

   6 x 98m² 2 bedroom small dwellings; and
   2 x 199m² 3 bedroom dwellings;
   4 separate buildings with a maximum of 3 attached dwellings stepping down and across the
    slope;
   The 2 storey small dwellings are typical with double garaging, a bedroom and small living on
    the lower floor and a bedroom, living and kitchen areas on the upper floor. Large balconies
    directly access from the living space and some with swimming pools;
   The 2 larger dwellings consist of double garaging and storerooms in a basement/lower floor
    configuration, bedrooms and family room on the ground level and living, kitchen and dining
    areas on the upper floor;
   Vehicle access to the small dwellings is proposed from Katherina Street and from Natasha
    Ave.

A copy of the proposed site plan is included below.




Figure 3 - Proposal Site Plan
                                                                                     Page 6 of 12

Page 7

4.0 Planning assessment

4.1 Technical Compliance
The proposed multiple dwellings meet the relevant key technical provisions of the Medium Density
Residential and Multiple Dwellings Codes, as described below, with further discussion provided
against the relevant Performance Outcome thereafter.

 Criteria              The Noosa Plan 2020                    Proposal                              Compliance
 Site Details          10 Natasha Ave – 1522m2
                       24 Katharina St – 516m²
                                 Total = 2,038m²
 Height                8m and 2 storeys                       N1 and N2 building
 N1 & N2 dwellings                                            8.8m and 3 storeys                    PO
 Height                8m and 2 storeys                       K1 – K6 & N2 dwellings
 K1 – K6 dwellings                                            <8m and 2 storeys                     Y
 Site Cover            45% (920m²)                            45%(920m²)                            Y
                       (small dwellings provision)
 Plot ratio            0.5:1 (1019m2)                         0.485:1 (988m2)                       Y
                       (small dwelling provision)
 Private        Open   Dwellings - 25m² / 12m²                >25m2 / 23m²                          Y
 Space                 Small dwellings – 20m²/9m²             > 20m / 9m2                           Y
 Setbacks              Frontage (6m)                          Natasha Ave = 6m                      Y
                                                              Katharina Ave = 6m to main building   PO
                                                              and 5.2m to eave/balcony line.

                       Side boundaries (1.5m – 2.5m)          K1 to K3 – 1.5m / 2m                  Y/PO
                                                              (1m wide landscaping structures
                                                              framing the driveway are proposed
                                                              along the western boundary)

                                                              K4 to K6 – 1.5m / 2m                  Y

                                                              N1 – 3m @ 8m                          Y
                                                              N2 – [email protected]                       PO
 Wall length           <15m                                   <8m                                   Y
 Garages               Garage doors facing the street are     No garages facing the street          Y
                       separated by 2m or staggered
 Roof Form             Width of parapet wall <50% of front    No Parapets                           Y
 Landscaping           Front 6m landscaping with pools        Pools to Natasha Ave = 2m             Y
                       and visitor carparking setback 2m      Pool to Katharina St = 1.2m           PO

                       35% (713m2) landscaping with 60%       795m2 (39%) and 60% soft              Y
                       (427m2) of this to be soft
                       landscaping      (small     dwelling
                       provisions)
 Carparking      and   2 x Dwellings = 4 plus 1 additional    2 x dwellings = 4 plus 1 additional   Y
 access
                       6 x small dwellings = 6 covered plus   6 small dwellings = 6 x covered and   Y
                       2 additional                           6 additional

                       Total required = 13 spaces             Total provided = 17 covered           Y
                       (10 covered and 3 additional)          (4 spaces surplus)
 Earthworks            Cut or fill less than 1.5m             3.3m cut near N1                      PO
                                                              2.7m to K1                            Geotechnical
                                                                                                    report can be
                                                                                                    conditioned.
 Fencing               Setback an avg of 1m and               Fencing is setback 1m with dense      Y
                       articulated by stepping the design.    landscape screening.




                                                                                                        Page 7 of 12

Page 8

4.2 Building height
Building N1 and N2 are orientated towards Natasha Ave and seek a variation to building height to
8.8m above the NGL and 3 storeys. The building height is therefore assessed against PO8 which is
provided below for reference. It is important to note the complex nature of this sloping site and the
majority of the development (6 of the 8 dwellings) is 2 storeys and well below 8m in height.

Building Height
PO8
Buildings and structures:

   (a) are low rise and present a building height consistent with structures on adjoining and
       surrounding premises;
   (b) are designed to provide an interesting streetscape and complement landform changes and
       landscapes
   (c) do not visually dominate the street or surrounding area;
   (d) maintain a vegetated skyline;
   (e) do not unreasonably obscure views or lead to overshadowing of neighbouring properties;
   (f) do not exceed two storeys.

The proposal complies with PO8 for the following reasons:
 • the land is constrained given the slope from east to west and north to south;
 • The building height is consistent with structures on adjoining and surrounding premises
     because (see Figure 4 below);
 • 3, 5, 8, 10, 13, 17 Natasha Ave all present 3 storeys to the street and mostly exceed 8m above
     the NGL;
 • the directly adjoining premises at 8 Natasha Ave is 3 storeys and exceed 8m;
 • the existing building is 3 storeys and exceeds 8m;
 • the proposal generally presents 2 storeys to the street except for the western elevation along
     the driveway where N1 will appear 3 storeys;
 • the area greater than 8m above NGL is to the rear of N1 and N2 building;
 • the 3 storeys component of N2 is the result of the edge of the building not being backfilled to
     NGL to allow for the driveway;
 • the building steps down across the site responding to the landform;
 • will integrate with the streetscape, given the predominate building height in the street is 3
     storeys and greater than 8m above the NGL;
 • Is a similar height to the existing building and therefore will not create any further
     overshadowing of, or obscure views from neighbouring properties;
 • N1 is setback 3m from the western boundary which provides good separation between uses;
 • 1m of dense landscaping is proposed for the full length of Natasha Ave except where the
     driveway and pedestrian access is located.

Figure 4 below shows the predominate character of the street is 3 storeys and greater than 8m above
NGL and demonstrates the proposal will not dominate the street and will complement the character
of the area.




                                                                                         Page 8 of 12

Page 9

Figure 4 - Development in the surrounding area


                                                 Page 9 of 12


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Figure 4 - Development in the surrounding area

Page 9 of 12

Page 10

4.3 Setbacks
A small corner of dwelling N2 roof eave is setback 1.5m rather than the Acceptable Outcome AO10
requirement of 2m. As demonstrated in Figure 5 below the encroachment is minor in nature and has
no associated impacts on the streetscape or on neighbouring properties. In addition, soft landscaping
is proposed for the full length of this elevation. Figure 5 shows the encroachment on a roof plan and
elevation.




Figure 5 - Red shading identifies encroachment. Elevation on left and roof plan on right

Pergola beams and associated posts are proposed along the driveway to part of the western
boundary. The pergola beams comply with PO12 of the Medium Density Residential Zone Code for
the following reasons-
  • The beams will be used to grow vines along and provide visual relief to the dwelling occupants
  • Do not create overlooking of the neighbouring property as they are not habitable spaces;
  • No views are obstructed;
  • Given the beams are supported by posts, gardens are proposed along the driveway so that
      vines and small trees can be planted and will add a pleasant green look and feel to the driveway
      hardstand area.

The eave and deck of K1 encroaches into the front setback with Katharina St by up to 800mm. The
design also includes the pool setback 1.2m from the front boundary as indicated in figure 6 below.




Figure 6 – Setback encroachments to Katharina St for unit K1

                                                                                           Page 10 of 12

Page 11

The setback to this presentation is considered to comply with PO12 of the Medium Density
Residential Zone Code for the following reasons-
 • The frontage of the site slopes down from east to west along the frontage and the proposal
     provides for landscaping at varied heights in front of the fence to screen the pool;
 • The screens are lightweight and adds visual interest to the facades when viewed from
     Katharina St – adding to the streetscape presentation in this Medium Density zoned location
     close to the Junction;
 • Do not create overlooking of the neighbouring properties;
 • No views are obstructed;


4.4 Sustainable Design Code
An assessment against the Performance Outcomes (PO8) of the Sustainable Building Design Code
is provided below.

 Performance Outcome                          Comment
 orientates buildings and windows to make      The design includes large balconies extending from the open kitchen/living
 the most of prevailing winds, natural        areas on the upper level. All bedrooms include natural light and access to the
 ventilation, and cross breezes;              open space areas, while the orientation lets winter light in the outdoor areas
                                              and in most instances on decks and balconies and importantly allows for cross
                                              breezes and natural ventilation.
 maximises shade to east and west walls;      Sunshades and eaves are included to shade walls.
 contains an open and permeable built form    All dwellings have direct access to outdoor areas and large balconies. The
 that connects indoor and outdoor spaces in   balconies connect to the living spaces to provide BBQ and outdoor living
 an integrated design;                        opportunities.
 retains existing vegetation and natural      Although not proposing to retain trees on the sloping sites, the design proposes
 shading where possible;                      large plantings along both frontages to allow for shading and a vegetated
                                              presentation to the street and the internal driveways.
 incorporates passive building design to      The design steps down the sloping site and provides windows and large open
 reduce the need for auxiliary heating and    areas to provide for passive cooling and natural breeze flow through the
 cooling;                                     dwellings.
 uses low toxic internal and                  A mix of low toxic internal and external materials are incorporated for the
 external building materials;                 construction which will ensure long lasting design that does not require regular
                                              maintenance.
 uses natural light rather than artificial    Natural light is provided through byway of window and doors to all levels.
 light, and may include skylights, atriums
 and light wells;
 provides a minimum floor to ceiling height   3m floor to ceiling heights are provided to all dwellings.
 of 2.7 metres; and
 enables efficient operation and use of       The design allows for medium density living and privacy to each of the units,
 the building.                                while also allowing for users to easily flow between the main living and
                                              bedroom levels.




                                                                                                                  Page 11 of 12

Page 12

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The application does not trigger assessment for coastal hazards.

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use Dual Occupancy situated
at 10 Natasha Avenue and 10 Katharina Street, Noosa Heads. The use is a consistent code
assessable development within the Medium Density Residential Housing Zone. The assessment
finds the design meets the relevant Acceptable and Performance Outcomes.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

       (a) against the assessment benchmarks in a categorising instrument for the development
           (The Noosa Plan 2020); and

       (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

       (a) must decide to approve the application to the extent the development complies with all of
       the assessment benchmarks for the development; and

       (b) may decide to approve the application even if the development does not comply with
       some of the assessment benchmarks; and

       Examples—
               1          An assessment manager may approve an application for development that does not comply with some of
                          the benchmarks if the decision resolves a conflict between the benchmarks.

                2         An assessment manager may approve an application for development that does not comply with some of
                          the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
                          response.


       (c) may impose development conditions on an approval; and

       (d) may, to the extent the development does not comply with some or all the assessment
       benchmarks, decide to refuse the application only if compliance cannot be achieved by
       imposing development conditions.

       Example of a development condition—
                          a development condition that affects the way the development is carried out, or the management of uses
                          or works that are the natural and ordinary consequence of the development, but does not have the effect
                          of changing the type of development applied for


The assessment finds the development generally complies with all Acceptable Outcomes of the
applicable codes. The Assessment Manager’s favourable consideration of the above development
application is therefore recommended.
                                                                                                                 Page 12 of 12

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