Council Report MCU19 0030

MCU19/0030 – DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING TYPE 4 CONVENTIONAL (3 UNITS) AT 217 & 219 gYMPIE tCE, NOOSAVILLE

Document information

Author	Development Planner, Tara Norley
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU19/0030

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Gympie Terrace Noosaville Pty Ltd
Proposal	Material Change of Use - Multiple Housing - Type 4 Conventional (3 Units)
Properly Made Date	14 March 2019
Information Request Date	8 April 2019
Information Response Date	17 May 2019
Decision Due Date	16 August 2019
Number of Submissions	Two properly made

PROPERTY DETAILS
Property Address	217 and 219 Gympie Terrace, Noosaville Qld 4566
RP Description	Lot 1 on RP66483 and Lot 1 on RP70165
Land Area	Lot 1 on RP66483 – 524.36m² Lot 1 on RP70165 – 559.32m2
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Visitor Mixed Use
Overlays	Natural Hazards (Flood Hazard and Acid Sulfate Soils)
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 August 2019 regarding Application No. MCU19/0030 for a Development Permit for a Material Change of Use for Multiple Housing - Type 4 Conventional (3 Units) situated at 217 and 219 Gympie Terrace, Noosaville Qld 4566 and:
A.	Approve the application in accordance with the following 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
C1.0	NA	Site Plan	16/05/19
C2.0	NA	Basement	16/05/19
C3.0	NA	Level 1	16/05/19
C4.0	NA	Level 2	16/05/19
C5.0	NA	Level 3	16/05/19
C6.0	NA	Elevations	16/05/19
C7.0	NA	Elevations	16/05/19
28292-C1.1	A	Preliminary Driveway Plan, as amended and dated by SCG Consulting	17/04//2019
28292-OW5.1	A	Driveway Levels and Sections, prepared by SCG Consulting As Annotated by Council	17/04//2019
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 15 August 2025, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 12 metres above the finished ground level and the natural ground level, except for the northern aspect of the skillion portions of the roof, which may be 12.48m as per the approved plans
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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000.00 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
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All terrace areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
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.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Waste Storage
The development must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
The waste management facilities should ensure recyclables bins are appropriately sited and accessible, and/or provided with their own waste shute, to ensure recyclable waste is not placed in the general waste shute.
The site must be provided with a bin wash area with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system which can be achieved by a bunded area, with a nib wall height of 100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²).  Alternatively, the waste area can be roofed, or any other appropriate design approved by Council.
Protection of Privacy
To ensure privacy is protected between adjoining properties, any windows located on the southern building face of Level 2 and Level 3 must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen
The upper level terrace located on the southern building face of Level 2 and Level 3 must include either balcony planter boxes, balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Landscaping Works
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.
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.
Retention of Existing Trees
The existing Mango tree located at the rear of the site must be retained in accordance with an Arborist Report (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval. The report must address the mitigation of impacts from footings and other services within the tree protection zone, as defined by Australian Standard 4970-2009 Protection of trees on development sites.
*(Refer to Advisory Note)
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.
Land Amalgamation
All properties the subject of the development must be amalgamated prior to the commencement of use.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Engineering
External Frontage Works
A new 2.0m wide concrete footpath must be provided within the road verge for the entire length of the frontage of the site.  The path must match with the existing grassed verge without causing a trip hazard. The works must be undertaken in accordance with an Operational Works approval and must include/address the following:
Be in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway Construction Details.
Be extended to smoothly tapered and join with the existing path along Gympie Terrace.
The installation and/or modification of any traffic/parking signs, line marking and Raised Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok installation system. All new signage must be Class 1 retroreflective material in accordance with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part 1: Retroreflective sheeting.
The works must be carried out in accordance with an Operational Works approval and must include in particular:
Adjustment and/or relocation of existing on-street parking spaces.
Modification to the line marking for the existing bus stop in line with Council’s adopted Preferred Bus Stop Treatment plan.
Reinstatement Works
All redundant driveways and kerb laybacks must be removed, and the kerb line and verge area reinstated and landscaped to match the existing kerb and/or verge treatments.  Grassed verge areas to be reinstated must be provided with 100mm topsoil and turf, and must be maintained by the developer until established. The works must be undertaken in accordance with an Operational Works approval.
All redundant stormwater pipes and kerb outlets must be removed, and verge area reinstated and landscaped to match the verge treatments.
Any badly damaged kerb and channel along the frontage of the site must be repaired to the reasonable satisfaction of Council’s representative.
Site Access and Driveways
A sealed access driveway must be provided from Gympie Terrace to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Driveway crossovers in accordance with IPWEAQ standard drawings R-049 and R-050 to grades prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades for the footpath and pedestrians movements along the footpath and the grassed verge without any step or trip hazard.
Car Parking
Car parking and manoeuvring areas must be provided within the site generally as shown on the approved plans. The works must be undertaken in accordance with an Operational Works approval and must be in compliance with the provisions of AS/NZS 2890.1-2004 with allowance for standard vehicle to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point/s of discharge. The works must be undertaken in accordance with an Operational Works approval in compliance with the relevant sections of Queensland Urban Drainage Manual and supported by a detailed stormwater drainage design prepared and certified by a suitably qualified and experienced Registered Professional Civil Engineer (RPEQ).
The development of the site must not worsen existing drainage conditions on other properties by diverting stormwater runoff or cause additional stormwater ponding on any other property.
Adequate overland flowpath/s and/or pipeline/s to convey stormwater runoff to ensure no worsening impacts are caused on other properties during major storm events (eg 1% AEP) due to the proposed development.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Earthworks and Retaining Walls
All earthworks and associated retaining works, including for the construction phase, must be carried out in compliance with an Operational Works Development Permit.
A site-specific geotechnical investigation for the development must be prepared by a suitably qualified person* and submitted to Council prior to the issue of any Development Permit for Operational Works.
All earthworks and associated batters/retaining walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments, Council’s codes and relevant government regulations and guidelines. Certification must be provided by an RPEQ and submitted to Council prior to the issue of the Certificate of Classification for the building.
The development works, including earthworks and retaining works, must not adversely impact on the stability and the structural integrity of any other property or private or public structure. Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to submitting application for Operational Works.
Earthworks and development works carried out on site must not affect the structural integrity of any of the existing fences or structures that border the site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.
A Construction Management Plan must be submitted to Council for endorsement prior to the issue of Operational Works permit and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction commencing.
Details on the haulage route (for excavated materials and/or imported fill) type of vehicle to be utilised and frequency of usage.
NOTE: any damage to the existing road system as a result of haulage operations must be fully repaired at the applicant’s expense
Maintenance of safe pedestrian and cyclists access across the frontage of the site both during daily construction and after daily construction has ceased for all stages of development.
Fencing to the site during the construction phase of the development.
Providing safe and adequate parking arrangements for all machinery and cars during construction phase without adversely impacting on the traffic flows, traffic safety and the availability of public parking spaces in the local streets.
Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
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 and contact protocol with the neighboring owners and relevant parties, to advise of construction times, impacts on traffic and services and other relevant issues.
Telecommunication and Public Services
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.
Upon completion, certification must be submitted to Council from all relevant service providers which certifies that the development has met all applicable requirements and legislations at the time of construction.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks a development permit on land at 217 and 219 Gympie Terrace, Noosaville for a Material Change of Use - Multiple Housing - Type 4 Conventional (3 Units).
The development includes a basement and three levels of residential units. The basement is to be accessed via Gympie Terrace, with a driveway proposed along the eastern boundary of the site. The basement provides parking for 8 vehicles and a vehicle turntable, a gym, sauna, bathroom, two storage areas and access to the internal stairs and lift.
Each floor level contains a single unit, all of a similar internal layout, featuring three bedrooms, three bathrooms, family room and study, a central open plan kitchen, dining and living area, a northern pool and terraces and an open terrace to the south.
The proposal includes full-length glass panels to the Gympie Terrace façade, and terrace areas located on both the northern and southern elevations of each level. Landscape planters with glass balustrade are proposed to the upper level balconies facing Gympie Terrace.
Pedestrian access to each of the units is via a pathway that extends from the front gatehouse around to the rear of the building.
The locality and proposal plan are provided below:

Figure 1 – Locality Plan

Figure 2 – Proposed Development

Figure 3 – Site Plan
The application is before Council as two properly made submissions were received during the public notification period, and the site is prominently located along Gympie Terrace.
site details
Background
Historically, a single detached dwelling was located on each of the two lots subject to the application.  In 2004, a Building Approval for Demolition of the existing dwellings was granted. The land has remained vacant since the removal of the detached dwellings in 2004.
Pre-lodgement Discussions
A pre-lodgement meeting was held on 14 February 2019, attended by Council’s Development Planner and Coordinator Engineering, and the Applicant’s representatives including Martoo Consulting, SCG Consulting Engineers and Chris Clout Design. Council’s Development Planner raised planning issues such as building height, gross floor area, built form and setbacks that would need to be addressed in the application.
Site Description
The subject site comprises two vacant lots, rhomboid in shape, and totalling 1,083.68m2. The site is relatively level, with a large mango tree, macadamia tree and golden cane palm located in the south eastern portion of the site.
Surrounding Land Uses
The site is located opposite the Noosa river and foreshore area, with the Noosaville tennis courts located directly opposite on the northern side of Gympie Terrace. Surrounding land uses and the wider locality consists of mixed use developments, including short term accommodation, multiple housing, attached and detached dwelling houses and various ground floor business uses.
Aspect	Adjoining Lots Existing Land Use
North	Noosaville tennis courts, Noosa river and foreshore area
South (rear)	Single storey detached dwelling (south east) and three storey duplex (south west)
East	The Regatta – four storey multiple housing (25 units)
West	Wai Cocos – three storey multiple housing (4 units)
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;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the urban area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Visitor Mixed Use. The proposed use is identified as a consistent use with the zone and is required to follow an impact assessable application process.
Overall Outcomes
Development sought in the Noosaville Visitor Mixed Use zone is predominately mixed use development, incorporating business and residential uses. The Overall Outcomes for the locality and zone are stated as:
a)	New uses and works are located, designed and managed to—
i 	be compatible with other uses and works;
ii 	maintain the safety of people and works;
iii 	avoid significant adverse impacts on the amenity enjoyed by users of other premises or surrounding area, including acoustic and visual qualities; and
iv 	avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation and attrition;
u) 	Variety in the built form is emphasised through the historical development of the locality and the many architectural styles;
y) 	Development recognises and reinforces the waterfront location and coastal urban setting and character by providing for high quality, sub-tropical building and landscape design that promotes the casual outdoor lifestyle;
z) 	Attached accommodation is focussed on the areas closest to the Noosaville Business Centre, in areas with good public transport facilities and in areas with ready access to the recreation features of the locality;
qq)	For the Visitor Mixed Use Zone—Business Uses are integrated with Multiple housing and visitor accommodation where development—
iv. 	respects the existing residential amenity of visitors and residents within and surrounding the development;
viii. 	is designed to ensure car parking does not visually dominate street frontages.
Specific Outcomes
The Specific Outcomes for the locality and zone are stated as:
Specific Outcome 56
Gympie Terrace and side streets that run off it remain predominantly residential in nature providing accommodation for both visitors and permanent residents.
Specific Outcome 60
Buildings and other structures present a high quality streetscape with building elements and forms that—
are consistent with the bulk and scale of buildings on adjoining and nearby land;
define, rather than dominate, the street and public spaces, particularly Gympie Terrace, Noosa River and its foreshores;
create pedestrian scale and visual interest;
provide variation in building alignments by staggering or separating continuous walls into smaller sections to vary the elevation;
vary and break up the roof form;
incorporate well articulated building forms with strong vertical design features elements which interrupt the plane including windows, pergolas, sun shading devices and variations in balcony styles; and
present subtle changes in colours, textures and materials to break up the building facades;
integrate signage with the building design; and
integrate landscaping into the building design and car parking areas.
The use is a consistent use within the Visitor Mixed Use zone, a residential zone. The use is compatible with surrounding land uses, providing additional multiple housing in an appropriate location within proximity to the Noosaville Business Centre.
Built Form
The below table summarises the built form requirements for Multiple Housing – Type 4 Conventional located within the Noosaville Locality.
Criteria	Planning Scheme	Proposal	Complies
Site Area	N/A	1,083.68m²	
Population density	17.3 persons max	9.9 persons	
Gross floor area or	692.0m² max	671.0m²	
Site cover	40% max	38.1%	
Attached dwelling units	6 units max	3 units	
Landscaped open space Soft landscaping	297.0m² min 178.2m2 min 60% of total	>297.0m² >178.2m²	
Building height storeys	3 storeys (1-2 storey façades to present to Gympie Terrace)	3 storeys presenting to Gympie Terrace, plus basement	X
metres	12 metres	12.48m	X
Boundary setbacks First storey Frontage Side (west) Side (east) Rear	6 metres 1.85 metres 1.85 metres 6 metres	6.2 metres 3.5 metres 3.0 metres 6.2 metres	
Second storey Frontage Side (west) Side (east) Rear	6 metres 3.70 metres 3.70 metres 6 metres	6.2 metres 3.0 metres 3.0 metres 6.2 metres	X X
Third storey Frontage Side (west) Side (east) Rear	10 metres 5.25 metres 5.25 metres 8 metres	6.2 metres 3.0 metres 3.0 metres 6.2 metres	X X X X
Roof Form Pitch Eaves	Min 5 degrees Min 600mm to 75%	4 degrees 87.2%	X
Length of wall	15 metres max	12.2 metres	
Carparking	6 covered min 1 visitor min	6 covered 2 visitor	
The pertinent issues arising out of the assessment are discussed below.
Height
Probable Solution S8.1 of the Noosaville Locality Code allows a maximum building height of 12 metres and not exceeding 3 storeys, although presenting only 1-2 storey façades to Gympie Terrace. The applicant proposes the roof to exceed the 12 metre height limit, to a maximum of 12.48 metres, and 3 storeys presenting to Gympie Terrace. Figure 4 shows the 12 metre height limit and areas of non-compliance. The 480mm height intrusion relates to the two skillion portions of the roof, being the northern most 5 metres of the roof, which angles upwards at a 4 degree pitch towards the road frontage. The area of intrusion is setback 7.95 metres from the road frontage boundary.

Figure 4 – Height Intrusion
The applicant states:
‘This height is a direct result of the minimum floor heights relating to flooding and the design providing for a pitched roof form.’
Discussions in the pre-lodgement meeting indicated that as a result of fill required to mitigate flooding issues, a minor dispensation in maximum building height may be considered appropriate.
The design of the development is consistent in bulk and scale with the surrounding development, which presents as 3 storeys to Gympie Terrace, including Wai Cocos on the adjoining property to the west, and The Regatta on the adjoining property to the east, being 3 storeys with a fourth level terrace on the common boundary. The development will not visually dominate the street or surrounding spaces, and is well articulated with strong design elements to provide an interesting streetscape.
Setbacks
Probable Solution S9.1 of the Noosaville Locality Code requires buildings and structures to comply with the setbacks identified in Schedule 1 - Minimum Boundary Setbacks, being
Frontage - 6m for the first 2 storeys and 10m for any storey thereafter;
Side boundaries—half the building height in metres calculated at that same point provided that on any gable roof the calculation shall be measured to half the height of the gable ; and
Rear boundary - 6m for the first 2 storeys and 8m for any storey thereafter.
Front Setback
The proposal complies with the required front setbacks for Level 1 and Level 2 of the development, however does not comply for Level 3.
The façade of Level 3 is proposed to be setback a minimum of 10m from the front boundary, which complies with the planning scheme requirement, however the third storey roof is setback 7.95 metres on the east, to 8.5 metres on the western end of the building, whilst the planter boxes are proposed to be setback 6.2m from the front boundary. It is noted that the terrace is enclosed with glass balustrading, so therefore will not present as bulk to the street front.
The upper level of The Regatta (to the east) is located approximately 6m from the road frontage, whilst all three levels of Wai Cocos (to the west) are setback a minimum of 8m from the Gympie Terrace boundary. As the view lines are to the north, it is considered unlikely that the reduced setback will have any adverse impacts on the visual amenity of residents or visitors of adjoining properties.
The Level 3 front setback is considered to meet Specific Outcome O9 of the Noosaville Locality Code, as the roofline will provide shading to the building and Level 3 terrace area, increasing amenity for the residents of the premises. The reduced setback is consistent with the range of setbacks along Gympie Terrace, and it is considered that the development will maintain the visual continuity and pattern of buildings along Gympie Terrace, whilst providing suitable landscaping and articulation, utilising a lightweight and textured building design, appropriate for the locality.
Side Setback
The proposal complies with the required side setbacks for Level 1 of the development, however does not comply for Level 2 and Level 3, being setback 3m from both the eastern and western boundaries, instead of 5.25m.
It is acknowledged that following the issue of an Information Request, Council contacted the applicant with information that the side boundary setbacks may be an issue due to concerns from surrounding residents (refer to 5.3 Public Notification). As a result, the applicant provided updated plans where the south western corner of the building has been truncated (refer to Figure 5), increasing the side setback to 5.71m at the south western boundary. This truncation has opened up view lines to the river for the properties located to the rear of the site (refer to Figure 6).

Figure 5 - Building Truncation – original proposal plan vs updated proposal plan

Figure 6 - View Lines from 7 Elizabeth Street, Noosaville (rear property)
It is noted that The Regatta is setback approximately 3m from the western side boundary, whilst Building A of Wai Cocos (located on the northern portion of the adjoining lot) is setback between 2m to 3m from the eastern boundary (refer to Figure 7).

Figure 7 – Adjoining Property Setbacks
The side setbacks are considered to meet Specific Outcome O9 of the Noosaville Locality Code, as the setbacks are consistent with setbacks along Gympie Terrace, including adjoining properties, and maintain the visual continuity and pattern of buildings along Gympie Terrace. The setbacks allow for landscaping to be provided the full length of each of the common boundaries and the building design is well articulated, providing visual relief and avoiding large areas of continuous wall planes.
Rear Setback
The proposal complies with the required rear setbacks for Level 1 and Level 2 of the development, however does not comply for Level 3.
The lift, stairwell and southern terrace on Level 3 are proposed to be setback 6.2m, and the eastern portion of the building is located 7.5m from the rear boundary (refer to Figure 8). The remaining sections of the southern elevation comply with the 8m setback. The southern terrace is to be fitted with a 1.7m high privacy screening, which will mitigate any adverse impacts on privacy of residents on both the subject site and the adjoining properties.  Additional measures such as opaque windows and screening are able to be conditioned on any windows that overlook adjoining sites

Figure 8 - Rear Setback Intrusion
It is noted that the development and the Elizabeth Street units are 12 metres apart, which allows adequate areas for landscaping and separation. The existing mango tree located along the southern boundary is also proposed to be maintained, which will provide additional buffering along the rear boundary. In addition, the setbacks are consistent with rear setbacks along Gympie Terrace, including The Regatta. Therefore, the rear setbacks are considered to meet Specific Outcome O9 of the Noosaville Locality Code.
Roof Form
Probable Solution S20.1 of the Noosaville Locality Code allows a minimum roof pitch of no less than 5 degrees. The applicant proposes a maximum roof pitch of 4 degrees.
The applicant states:
‘4 Degree roof pitch proposed due to minimum floor heights requirements relating to flooding.’
The roofline, which includes two skillion and two flat sections, is an architectural feature of the building and will provide a varied roof form in the locality. The reduced roof pitch is considered to be a minor variation to the planning scheme requirement. The roof design will contribute positively to the local skyline and complement the character of the locality, which includes a variety of pitched and skillion style rooflines along Gympie Terrace, in accordance with O20 of the Noosaville Locality Code.
Residential Uses Code
Safety and security
Probable Solution S6.1 of the Residential Uses Code requires the building entrance to be clearly identifiable and visible from the street, footpath and driveway. Entrance to each of the dwelling units is proposed to be located to the rear of the building, however the entrance to the site is via a ‘gatehouse’, which will be clearly identifiable and visible from the street, footpath and driveway. Upon entry to the site, the entrance to the building is clearly defined by lit pathways. Visitors will have direct access to the entrance without having to pass through private outdoor living areas.
Privacy
Northern and southern terraces are proposed on each of the three levels. The Level 1 terraces are not anticipated to adversely impact on the privacy or amenity of adjoining properties, however it is noted that a new block fence is proposed along the eastern and rear boundaries, and planting is proposed along the length of the common boundaries, providing additional screening between adjoining lots.
The southern Level 2 and 3 terraces are proposed to be setback 6.2m from the rear boundary, with both levels proposed to be fitted with 1.7m high privacy screening.
The Level 2 and 3 northern terraces are proposed at 3.5m from both the eastern and western boundaries, and are bordered by planter boxes and glass balustrading. Given the reduced side boundary setbacks and proximity of the terraces to neighbouring private open spaces, the location of the northern terraces may impact on the privacy of residents on adjoining lots. Therefore, the proposed terraces are recommended to be supported subject to the following condition:
Protection of Privacy
The Level 2 and Level 3 terraces located on the northern and southern building face must include either balcony planter boxes, balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Landscaping Code
A Landscape Plan has been provided with the application material to illustrate proposed landscaping on the site, however a further Operational Works for Landscaping application will be required, which will require detailed assessment of the proposed landscaping.
Natural Hazard Overlay Code
Flood Hazard
The subject site will require fill to achieve the minimum habitable floor height, being 2.7m, as per the requirements of the planning scheme. In addition, the basement achieves the 1% AEP flood level immunity due to the design of the driveway. Engineering plans prepared by SCG Consulting Engineers have been provided with the application material that illustrates the proposals compliance with flood immunity. A further Operational Works for Earthworks application will be required, which will require detailed assessment of the proposed earthworks.
Acid Sulfate Soils
The proposal includes a basement level carpark, which will require extensive excavation. A Geotechnical & Acid Sulfate Soils Investigation report prepared by Core Consultants that addresses acid sulfate soils and basement design was provided with the application material. The report has been reviewed by Council’s Development Engineer. A further Operational Works for Earthworks application will be required, which will require detailed assessment of the proposed excavation works.
draft planning scheme
Under the draft New Noosa Plan, the subject site is located within the Tourist Accommodation Zone and is affected by the Land Subject to Acid Sulfate Soils and Flood Hazard Overlays. The draft Tourist Accommodation Zone reflects the intent of the current Visitor Mixed Use Zone under the existing Noosa Plan. The proposed use would remain impact assessable under the draft planning scheme.
Under the New Noosa Plan, maximum building height, roof form, privacy and access to sunlight provisions are equivalent or similar to the requirements under the current planning scheme. The new scheme does however include a statement that buildings may now appear ‘no more than three storeys from any elevation’ if located on Gympie Terrace.
Side setback provisions for the Tourist Accommodation Zone under the draft planning scheme accord with the current setback provisions within the Detached Housing zone, being:
1.5 metres setback up to 4.5 metres height;
2 metres setback between 4.5 metres - 7.5 metres height; and
2 metres plus 500 millimetres for every 3 metres or part thereof above 7.5 metres height.
The proposal would comply with the new side setback provisions, however Level 3 would not comply with the front and rear setback requirements, as they remain as per the current scheme provisions.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineer, Development Assessment
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. Two properly made submissions were received.
Council’s Development Planner and Coordinator Planning, and representatives from Chris Clout Design met with submitters from 7 Elizabeth Street at the submitter’s property on 1 July 2019 to discuss concerns. Following the meeting, the applicant arranged to have pegs placed on the subject site outlining the building footprint.
The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Building height
The proposed development exceeds the required building height by about 500mm.	The proposed maximum height of the building is 12.48 metres. This non-compliance relates to the two skillion sections of the roof, and is located towards the front property boundary. The area of intrusion is setback 8 metres from the road frontage boundary. The site requires some fill due to the minimum floor heights required for flooding, resulting in the building exceeding the 12m height limit. The design is considered consistent in bulk and scale with surrounding development.
Built form
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 length (14.5m) and height (particularly the solid wall lower 4.7m, with total wall height 14.5m above natural ground level) is excessively intrusive from the windows in the living room, bedroom and open space areas of Unit 3 Regatta. Treatment to the easterly solid wall (particularly the section 4.7m above natural ground level) to give better articulation and to avoid its present uninspiring dominance.	The design is considered to be well articulated, with strong vertical design features including windows, terraces, planter boxes and landscaping, and includes a mix of building materials such as rendered blockwork, full length glazing, stone cladding, timber and linea weatherboard. The maximum length of the wall referenced in the submission is 11.5m, which complies with planning scheme requirements. The design is considered consistent in bulk and scale with surrounding development, and will not visually dominate the street or surrounding spaces, and is well articulated with strong design elements to provide an interesting streetscape. The subject lots will be conditioned to be amalgamated.
Side boundary setbacks
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 have a significant impact upon the amenity of adjoining residential properties	The proposal complies with the required side setbacks for Level 1 of the development, however does not comply for Level 2 and Level 3.  In response to submitter concerns, the applicant provided updated plans where the south western corner of the building has been truncated, increasing the side setback to 5.71m at the south western boundary, allowing for effective view lines to the river for the properties located to the rear of the site. The setbacks are consistent with setbacks along Gympie Terrace, including adjoining properties, and maintain the visual continuity and pattern of buildings along Gympie Terrace. The setbacks allow for landscaping to be provided the full length of each of the common boundaries.
Rear boundary setback
Level 3 of the proposed development does not comply with rear setback requirements. 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.	The proposal complies with the required rear setbacks for Level 1 and Level 2 of the development, however does not comply for Level 3. The lift, stairwell and southern terrace on Level 3 are proposed to be setback 6.2m, and the eastern portion of the building is located 7.5m from the rear boundary. The remaining sections of the southern elevation comply with the 8m setback. The southern terrace is to be fitted with a 1.7m high privacy screening, whilst the stairs and lift shaft are screened to minimise overlooking and add variation to the rear façade, which will mitigate any adverse impacts on privacy and amenity of residents on both the subject site and the adjoining property. In addition, the existing mango tree on the subject site is proposed to be maintained at this stage, which will provided additional screening along the rear boundary.
Overshadowing
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. The shadow diagrams (plans C14.0 and C15.0) indicate that the living room and main bedroom west windows of Unit 3 Regatta will be overshadowed by 2pm at the winter solstice (with loss of winter sunlight) and partly so at 2pm summer solstice (fully so by 3pm summer solstice). This suggests that the roof level should be set back further.	Probable Solution S14.1 of the Residential Uses Code requires development to not reduce sunlight to at least 50% of the private open space areas of any adjoining residences to less than 2 hours between 9am and 3pm on any day of the year. Sun Study diagrams were provided with the application material indicating that Wai Cocos, the existing fence and the mango tree already shade the backyards of the properties in Elizabeth Street between 9am and 3pm on the Winter Solstice (shortest day of the year). Although the proposed development will create overshadowing of the rear properties, all adjoining lots will receive at least 2 hours of sunlight to at least 50% of the private open space areas during this period. The Sun Study also illustrates that at the Winter Solstice, Unit 3 of The Regatta will have sunlight from 9am to 1pm with shadows affecting the premises from 2pm onwards, therefore complying with the scheme requirements. Although the development will result in overshadowing of adjoining lots, it is considered that the building has been designed and sited so as not to unreasonably diminish the existing sunlight to the adjoining residences and associated private open space areas, therefore complying with O14 of the Residential Uses Code.
Privacy
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 Level 1 terrace has no effective screens to prevent overlooking into the adjacent ground level private open space of Unit 3 Regatta. The Level 2 terrace and windows of Level 2 bedroom No: 1 have no effective screening to prevent direct overlooking into the living room and bedroom windows of Unit 3 Regatta. Adequate screening to prevent direct overlooking into the living room and bedroom windows of Unit 3 Regatta (and possibly other units) and also Unit 3 Regatta open space.	Northern and southern terraces are proposed on each of the three levels. The Level 1 terraces are not anticipated to adversely impact of the privacy or amenity of adjoining properties, however it is noted that a new block fence is proposed along the eastern and rear boundaries, and planting is proposed along the length of the common boundaries, providing additional screening between adjoining lots. The southern Level 2 and 3 terraces are proposed to be setback 6.2m from the rear boundary, with both levels proposed to be fitted with 1.7m high privacy screening. The Level 2 and 3 northern terraces are proposed at 3.5m from both the eastern and western boundaries, and are bordered by planter boxes and glass balustrading. Additional privacy measures such as opaque windows and screening are able to be conditioned to any windows and terraces that overlook development on adjoining sites.
Access
The proposed basement car park access drive way is within 3 metres of the common boundary with Unit 3 Regatta's private open space, but no provision has been made for sufficient acoustic fencing to prevent undesirable vehicle noise impacting on the private open space and living room of Unit 3 Regatta.	The Noosa Plan does not specify required distances between access driveways and private open space, however it is noted the proposal plans reference a new block fence to be located on the common property boundaries.
Landscaping
The design shows planter boxes. In respect of the planter boxes on the easterly boundary facing Regatta, it is unclear how those planter boxes can be accessed for maintenance purposes.	The applicant has provided information stating the planter boxes will be irrigated and include low maintenance and slow growing plants to suit the conditions.
conclusion & REASONS FOR DECISION
The proposed development seeks a Development Permit for a Material Change of Use for Multiple Housing Type 4 – Conventional (3 Units) at 217 & 219 Gympie Terrace, Noosaville. The proposed use is consistent in the Visitor Mixed Use zone.
Despite not complying with a number of probable solutions of The Noosa Plan, the proposal complies with the overall outcomes and specific outcomes of the Noosaville Locality Code. The development provides for additional Multiple housing in an appropriate location. The development is considered to be consistent with the bulk and scale of buildings within the locality, maintaining the visual continuity and pattern of buildings along Gympie Terrace, and presenting a high quality and interesting streetscape via a well articulated building with strong design elements. The application is therefore recommend for approval subject to reasonable and relevant conditions.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 AUGUST 2019

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