Public Submission to MCU19-0030 - Regatta Noosa

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Our Ref: REGATTA

17th June 2019

The Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
Via email: [email protected]



Attention: Planning and Development

Submission to proposed Multiple Housing development situated at 217-219 Gympie Terrace,
NOOSAVILLE 4566 QLD – Development Application Number MCU19-0030

Dear Sir/ Madam

RG Strategic has been engaged by the Body Corporate for Regatta Noosa to prepare and lodge
on their behalf a submission to the proposed development situated at 217-219 Gympie Terrace,
Noosaville.

In relation to the abovementioned property and Development Application (MCU19-0030), on behalf
of the Body Corporate for Regatta Noosa, we hereby formally make the following submission to
aspects of the proposal in accordance with section 53 (6) of the Planning Act 2016.

The residents and owners of Regatta Noosa hold concerns in relation to the proposed multiple
housing proposal on the following grounds:

    •    Overlooking
    •    Overshadowing
    •    Building Bulk
    •    Vehicle Noise
    •    Construction Times
The following further describes the nature of the objection.

Overlooking

The premises currently experience no intrusion into the privacy of the residents living space by virtue
of the currently vacant adjacent lot. The residents hold concerns for degradation of their existing
privacy both in use of the habitable rooms in the complex but also the courtyard and seating areas
along the western boundary. It is held that the proposal as presented does not adequately reflect
the desired outcomes to protect the amenity of adjacent uses.

The overall outcomes for the Noosaville Locality include,

    a) New uses and works are located designed and managed to-
         iii avoid significant adverse impacts on the amenity enjoyed by used of other premises or
         surrounding area, including acoustic and visual qualities…


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Noosaville Locality Code Specific Outcomes reflect this overall outcome as follows:

         O1 Uses are located, designed and operated to avoid significant adverse changes to the
         light, air quality, noise, accessibility, or other conditions enjoyed by users of associated,
         adjoining or nearby uses.
AND
         O9 Buildings and other structures are appropriately designed and sited to—
         a) provide amenity for users of the premises as well as preserve the visual and acoustic
         amenity of adjoining and nearby properties;
         b) provide adequate distance from adjoining land uses;…
AND
         e) allow for landscaping to be provided between buildings;

It is held that the proposed development will result in adjacent windows of the master bedrooms on
level 1 & 2 being only 3 meters from the boundary and giving rise to potential for overlooking into
windows into the habitable rooms of the existing units at Regatta. Of particular concern is the
impact of the proposal on Unit 3 at Regatta.

The proposal results in direct overlooking of the front and side outdoor patio of Unit 3 as well as the
west facing living room and kitchen windows when viewed from the proposed Level 1 and 2 terraces
and main bedrooms. With only a 3-meter separation from the terraces and a 5-meter separation
to the windows in the Regatta building this is considered to be an intrusion on the privacy and
amenity of existing residents.

Apart from low planter boxes, the proposal would indicate that there is no substantial screening
provided. One would expect that to adequately screen the existing residential uses from the
proposed habitable rooms and outdoor balconies and mitigate the impact of overlooking, either
landscaping or physical screening of at least 1.7 meters from finished floor level would be required.

Overshadowing

Units 3, 4 and 20 are located at the western end of the existing Regatta complex and enjoy open
and free access to light and air. The residents of these units hold concerns that the proximity of the
proposed building at a 3-meter setback will have detrimental effects on access to sunlight. The
shadow diagram on the revised proposal plans indicate that the Regatta building will experience
overshadowing of the west facing courtyards from 2pm on the winter solstice. From 3pm on the
winter solstice part of the building will also be impacted with at least the windows for the ground
and first floor being shadowed by the adjacent building.

The summer solstice shadow diagram also indicates extensive overshadowing on the Regatta
Building from 2pm with considerable shadow impacting on the Regatta complex after that time. As
these shadow diagrams would indicate, the ground floor units and the rear balcony on level 2
Regatta are most affected.




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Building Bulk

The proposed design of the building at ground level is considered imposing on the visual amenity of
the existing development to the east, especially when combined with relatively minor setback (just
3 meters) from the boundary. The solid wall proposed at ground level results in a façade of 4.7
meters high and 14.5 meters in length without any window openings or articulation to speak of. The
façade continues on the same plane from the 2nd floor level with windows then becoming apparent
which are the same windows considered to pose an overlooking issue. The lower part of the wall is
of particular concern as it is considered to present a bulky and visually intrusive element when
viewed from the living room, kitchen and main bedroom windows of the Regatta building.

Vehicle Noise

Vehicle noise is also raised as a concern for residents of Regatta. The current proposal indicates
the basement access driveway being located 3 meters from the boundary. This is located directly
opposite the patio and main door openings from the living room of Unit 3 in Regatta. The plans do
not show any proposed attenuation or describe whether the nature of the proposed boundary
fence would be designed as an acoustic barrier.

Construction times

Given the nature of the surrounding area featuring a large proportion of residential uses, the issue
of construction start and finish times is raised as a concern. Residential amenity is severely impacted
when construction is allowed to operate early morning and on weekends. The impact of continuous
noise resulting from construction machinery, tools and activities has the potential to detrimentally
affect the health and amenity of surrounding residents. The residents of Regatta would like to seek
Council address such impacts by limiting construction activities to specified hours such as between
8:00am and 4:30pm weekdays and no activity on weekends or public holidays.

Recommendation

It is recommended that Council request the applicant to better address the design and bulk of the
proposed building to mitigate the impacts of overshadowing, overlooking, building bulk, vehicle
noise and construction noise on the adjacent Regatta building at 225 Gympie Terrace.

Thank you for considering our submission in relation to the public notification of the above
development application.



Kind Regards,




Russell Green APIA MQELA
Managing Director
RG Strategic

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