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Delegated Report - Code - Planning MCU24/0125 (As Published)

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Development Planner, Matthew Pinese
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                  MCU24/0125, OPW24/0158 and RAL24/0021

                  Applicant                        Courtware Australia Pty Ltd

                  Proposal                         Material Change of Use - Multiple dwelling (15 Units
                                                   Operational Works for Roadworks, Drainage Work, Stormwater,
                                                   Earthworks and Landscaping
                                                   Reconfiguring a Lot - Community Title Subdivision (1 Lot into 15
                                                   Lots)

                  Properly Made Date               27 September 2024

                  Information Request Date         28 October 2024

                  Information Response Date        28 January 2025

                  Decision Due Date                1/04/2025

                  Report Reviewed &                Nadine Gorton 1.04.2025
                  Finalised By

                  PROPERTY DETAILS

                  Property Address                 73, 75 and 77 Eumundi Noosa Rd and 2c, 2d and 2e Starboard
                                                   Ave, Noosaville Qld 4566

                  RP Description                   Lot 1 on SP298783, Lot 2 on SP298783, Lot 3 on SP298783,
                                                   Lot 48 SP 298783, Lot 49 on SP298783, Lot 50 on SP298783

                  Land Area                        Lot 2 on SP298783 - 601m2
                                                   Lot 1 on SP298783 - 636m2
                                                   Lot 48 SP 298783 - 744m2
                                                   Lot 3 on SP298783 - 832m2
                                                   Lot 50 on SP298783 - 801m2
                                                   Lot 49 on SP298783 - 1881m2
                                                   Total – 5495m2

                  Existing Use of Land             Dwelling house and vacant lots

                  STATUTORY DETAILS

                  SEQRP Designation                Urban Footprint

                  Zone                             Medium Density Residential




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                    Precinct                    N/A

                    Local Plan Area             Noosaville

                    Overlays                    Land Subject to Acid Sulfate Soils
                                                - Above 5 metres AHD to 20 metres AHD (Area 2)

                    Assessment Type             Code

               1.      PROPOSAL
               The application seeks approval for a combined application for Material Change of Use - Multiple
               dwelling (15 Units), Operational Works for Roadworks, Drainage Work, Stormwater, Earthworks
               and Landscaping and Reconfiguring a Lot - Community Title Subdivision (1 Lot into 15 Lots).
               The proposed Multiple Dwelling consists of 12 x 3 bedroom and 2 x 3 bedroom, townhouse style
               units across the development site. The development consists of 6 different unit types, that vary in
               size, shape and design in terms of style, materials and finishes. All units have pitched gable style
               roof form with 600mm eaves to at least 75% of the front façade of the building.
               The development site has dual frontage, with the primary frontage being Eumundi Noosa Road,
               and the secondary frontage to Starboard Avenue. Units 1-11 are proposed to gain access from
               Eumundi Noosa Road and Units 12-15 are proposed to gain access from the rear lot access
               easement, which has an 8m frontage to Starboard Avenue.
               The proposal provides a total of 28 covered parking spaces for residents and a total of 4 visitor
               parking spaces.
               There are 2 refuse areas within the development. The first refuse area services proposed Units 1-
               11, and the second refuse area services proposed Units 12-15.
               Each unit is provided with suitable private open space areas and 66.9% of the site is soft
               landscaping. The development is not proposed to be staged.
               The locality and proposal plans are included below.




                                                        Figure 1 – Locality

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                                       Figure 3 – Floor Plan




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                                                       Figure 4 – Elevations

               2.     SITE DETAILS
               2.1. Site History
               The subject land is made up on six separate titles, with number 75 Eumundi Noosa Road currently
               containing an existing dwelling. The remaining lots/titles are currently vacant or are being used for
               temporary storage and car parking associated with the works that are occurring at 79, 81 and 83
               Noosa-Eumundi Road and 26 Headland Drive, Noosaville.
               2.2. Site Description
               The site is described as 73, 75, 77 Eumundi Noosa Road, Noosaville and 2C, 2D, 2E Starboard
               Ave, Noosaville. The subject lots are legally described as Lots 1, 2, 3, 48, 49, 50 SP298783.
               The land has a 66m frontage to Eumundi Noosa Road and an 8m frontage to Starboard Avenue.
               The subject lots slope to the east from 14m AHD at Eumundi Noosa Road to 3m AHD at Starboard
               Avenue and there is an existing sewerage easement that runs through the site. There is also an
               access easement to Starboard Avenue and other services easements.
               2.3. Surrounding Land Uses
               To the north are dwelling houses, at 2a, 2b Ely Street and at 71 Eumundi Noosa Road. To the
               south is an approval (ref: MCU23/0094) for a 38 Multiple Dwelling Unit development, which is
               currently being constructed (operational works for earthworks). To the east are existing dwelling
               houses at 2b and 6 Starboard Avenue. The properties at 2, 2a and 2b starboard Avenue adjoin the
               site’s access easement and are a party to this easement. To the west is Eumundi Noosa Road.
               On the opposite side of Noosa Eumundi Road is a buffer lot within the Environmental Management
               and Conservation Zone.
               3.     ASSESSMENT
               3.1. 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; and
               •      Noosa Plan 2020 (25 September 2020).
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Medium Density Residential Zone Code;
               •      Noosaville Local Plan Code;
               •      Dual Occupancy and Multiple Dwelling Code;
               •      Works Codes;
               •      Acid Sulfate Soils Overlay Code

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               The subject site is in Noosaville and is zoned Medium Density Residential. The proposed use is
               identified as a consistent use within the zone and is required to follow a code assessable
               application process.
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:

                Criteria                   Planning Scheme             Proposal                      Complies


                Building height
                •    Storeys               2 storeys max               2 Storeys                        


                •    metres                8 metres                    Units 1-7 and 9-15 – less        
                                                                       than 8m
                                                                       Unit 8 – 8.1 metres              X

                Site cover                 40%                         39.96%     (Condition   of       ?
                                                                       Preliminary       Approval
                                                                       added to confirm Site
                                                                       Cover calculation)

                Gross floor area           2196m² max                  2193.96m²                        

                Plot ratio                 0.4:1 max.                  0.39:1                           

                Boundary setbacks
                Basement Floor Plan

                Frontage to Eumundi
                Noosa Road
                                           6.0 metres min              Unit 1 Basement – 5.8 m          X
                Side (north)
                                           1.5 metres min              2.5m min                         
                Side (south)                                                                            
                                           1.5 metres min              2.1m/3.15m min
                Rear                                                                                    
                                           6.0 metres min              6.1m min

                Boundary setbacks
                Ground Floor Plan / up to 4.5m

                Frontage to Eumundi
                Noosa Road
                                           6.0 metres min              6m min                           
                Side (north)                                                                            
                                           1.5 metres min              2.61m min
                Side (south)                                                                            
                                           1.5 metres min              2.15m min
                Rear                                                                                    
                                           6.0 metres min              7.4m min

                First Floor Plan / 4.5m – 7.5m

                Frontage                   6.0 metres min              Unit 1 Eaves – 5.4m              X
                                                                       Unit 2 Eaves – 5.8m              X
                                                                       Unit 3 Eaves – 5.75m             X


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                Criteria                      Planning Scheme               Proposal                      Complies

                                                                            Unit 4 Eaves – 5.9m               X
                                                                            Unit 5 Eaves – 5.8m               X
                Side (north)                  2.0 – 2.5 metres min          2m min                            
                Side (south)                  2.0 – 2.5 metres min          2.15m min                         
                Rear                          6.0 metres min                13.4m min                         

                Length of wall                15 metres max                 13.10m                            

                Roof Form
                 • Pitch                      Min 5 degrees                 Greater than 5 degrees            
                 • Eaves                      Min 600mm to 75%              600mm to >75%                     

                Landscaping
                Landscaped open space          2196.24m² min                2551.60m²                         
                Soft landscaping              60% of total                  66.9% (1706.87m²)                 

                Private open space            25m² min at ground level      >25m²                             
                                              12m2 min above ground
                                              level                                                           
                                                                            >12m2

                Carparking                    30 covered min                30 covered                        
                                              4 Visitor min                 4 Visitor                         

               Medium Density Residential Zone Code
               Building Height
               Acceptable Outcome AO8.1 of the Medium Density Residential Zone Code states:
               AO8.1 Buildings and structures are no more than 8 metres in building height
               The applicant is proposing an overall height of 8.1m for Unit 8 and as such does not comply with
               AO8.1 of the Medium Density Residential Zone Code. The proposal is therefore required to comply
               with corresponding Performance Outcome PO8 of the Medium Density Residential Zone Code,
               which states:
               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 proposed height of Unit 8 represents only a minor exceedance of this provision, which will not
               be discernible from both street frontages. This unit is centrally located and will not visually dominate
               the surrounding area. Although this unit is visible at the end of the driveway, the slight exceedance

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               in height is orientated to the east, being a portion of the ridge, which is hidden from view by the
               front (western) part of the roof. Proposed Units 1-5 achieve a low rise presentation and a compliant
               building height, which does not exceed two storeys. These units have been designed to provide
               an interesting streetscape appearance that includes an irregular siting pattern, which groups Units
               1 and 2 and Units 3-5. The driveway positioned between the units further breaks up the built form.
               There is also a variation in the style of these units that includes two of the unit types along the site’s
               primary frontage. Each of the six unit types has variations in materials, finishes, shape and overall
               design. The units compliment the landform changes and landscape along the frontage of the site.
               The low rise design coupled with the wide verge and existing street trees, the development does
               not visually dominate the street or surrounding area.
               The site’s secondary frontage to Starboard Avenue is accessed via a 60m long access handle with
               easement. The slight exceedance in the height of Unit 8 is buffered by the built form of Units 12-
               15 to the rear, along with the with existing dwellings, which adjoin the access handle.
               The combination of the existing and proposed street trees, and the proposed landscaped setbacks
               maintain a vegetated skyline.
               Setbacks
               Acceptable Outcome AO12.1 of the Medium Density Residential Zone Code states:
               AO12.1 Buildings and structures meet the following minimum boundary setbacks:
                          g.      for frontages — 6 metres
                          h.      for side boundaries—
                                  i.     1.5 metres setback up to 4.5 metres height;
                                  ii.    2 metres setback between 4.5 metres and 7.5 metres height; and
                                  iii.   2.5 metres where above 7.5 metres height
                          i.      for the rear boundary - 6 metres
               The applicant is proposing a 5.8m setback to the basement of Unit 1 and setbacks between 5.4m
               and 5.9m to the eaves of Units 1-5 and as such does not comply with AO12.1 of the Medium
               Density Residential Zone Code. The proposal is therefore required to comply with corresponding
               Performance Outcome PO12 of the Medium Density Residential Zone Code, which states:
               PO12       Buildings and structures are designed and sited to:
                          a.      provide a high level of amenity to users of the subject site and adjoining premises,
                                  including provision of visual and acoustic privacy;
                          b.      not unreasonably obstruct views or cause overlooking of private open space or
                                  habitable areas of adjoining premises;
                          c.      provide adequate distance from adjoining land uses;
                          d.      preserve existing vegetation that will help buffer development;
                          e.      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;
                          f.      be consistent with the predominant character of the surrounding area; and
                          g.      protect the natural character and avoid adverse impacts on ecologically important
                                  areas such as national parks, waterways and wetlands.
               Front Setback
               The reduced setbacks along the frontage are predominantly due to proposed width of the building’s
               eaves. Despite the slight reduction in setbacks, the development provides a high level of amenity
               to the users of Units 1-5 by providing a densely planted landscaped setback area that contains a


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               mix of trees, shrubs and ground covers. The frontage also contains a pool and turfed areas. Each
               unit has its own pedestrian entry that leads to the front door, which is visible from the street.
               The visual and acoustic privacy for the users of the adjoining premises will be addressed by the
               applicant as part of the required amendments to the proposal plans to fully demonstrate that
               opportunities for overlooking are managed by window placement, translucent glazing or fixed
               external screens. The resulting separation between buildings is sufficient to provide a suitable level
               of acoustic privacy. To the south, proposed Unit 5 is the closest building to the adjoining
               development a 71 Eumundi Noosa Road. This unit is setback approximately 10m from the front
               boundary. The eaves are setback 2m and the wall of this unit is setback 2.5m from the side
               (southern) boundary. The resulting building separation between these developments will be
               between 4-5m and will therefore achieve a high level of amenity and privacy though providing an
               adequate distance from the adjoining development. Although the adjoining dwelling at 71 Eumundi
               Noosa Road is setback approximately 10m from the front boundary, this is somewhat unique and
               as detailed below there are examples of setbacks less than 6m prevailing in the surrounding area.
               The proposed setback of Unit 1 appropriately considers the alignment of the road, and the
               established setbacks of the adjoining property to the north by staggering the setbacks of Units 1-
               5.
               The proposed development preserves the existing street trees and provides additional street trees
               to help buffer the development and protect the surrounding natural character.
               The compliant site cover of the proposed development ensures that there is space for landscaping
               between building, with trees, shrubs and outdoor living areas provisioned for as shown on the
               Landscape Calculation Plans referenced DA5.01-DA5.03, completed by Black Wood Architecture
               and Design and dated 28/01/2025.
               The predominant character of the surrounding development fronting Eumundi Noosa Road has a
               varied front setback of between 4m-10m. There are examples further to the north and south that
               have established setbacks between 4-5.5m. For example, at 89 Eumundi Noosa Road
               (MCU21/0156/.01) a more recent Multiple Dwelling development, has setbacks to the front
               boundary of approximately 5.5m. Similarly, the development at 30 Eumundi Noosa Road is setback
               approximately 4m.
               There are no areas within the subject land identified as ecologically important areas such as
               national parks, waterways and wetlands.
               It is acknowledged that due to the sloping nature of the site and the provision of flat building pads,
               this results in fill and terraced retaining walls with fences on top. It is unclear whether this
               combination of fill, retaining walls and fencing results in an overall fence height of approximately
               4m when viewed from the adjoining properties. This raises concerns regarding the potential
               amenity impacts this outcome. These potential amenity impacts need to be confirmed and if
               necessary the proposal plans need to amended to address any impacts that cannot be managed
               through reasonable and relevant conditions.
               Dual Occupancy and Multiple Dwelling Code
               Acceptable Outcome AO4 of the Dual Occupancy and Multiple Dwelling Code states:
               AO4            Dual occupancy and multiple dwellings do not occur on battleaxe or rear allotments or
                              lots with a frontage less than 10.5 metres in width.
               The exist access handle (frontage) to Starboard Avenue is 8m and as such does not comply with
               Acceptable Outcome AO4 of the Dual Occupancy and Multiple Dwelling Code. The proposal is
               therefore required to comply with corresponding Performance Outcome PO4 of the Dual
               Occupancy and Multiple Dwelling Code, which states:
               PO4            Development addresses the street, contributes to the streetscape and does not
                              adversely impact on the amenity of any adjoining land on which residential
                              development is permitted.
               This matter was raised in Council’s Information Request as the proposal increased the number of
               lots that would gain access from this existing rear lot and may cause detrimental impacts to lots
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               adjoining the access strip, such as the new dwelling at 2B Starboard Avenue. The existing width
               of the rear lot access handle has been considered sufficient to cater for the demand created by the
               four units gain access from Starboard Avenue. The access handle addresses the street and with
               regard to character of the streetscape, any additional impact that an additional unit may cause
               have been addressed through the provision of passing lanes along the access handle. Further
               commentary about how amenity impacts are addressed is included in the assessment of PO21 of
               the Reconfiguring a Lot Code below.
               Acceptable Outcome AO5 of the Dual Occupancy and Multiple Dwelling Code states:
               AO5            Bedroom windows are at least 3 metres away from shared driveways, car parking
                              areas, mechanical plant, refuse and recycling areas, vents and exhausts.
               The proposed location of some bedrooms is less than 3 metres away from shared driveway, car
               parking and refuse areas and as such the proposal does not meet Acceptable Outcome AO5 of
               the Dual Occupancy and Multiple Dwelling Code. The proposal is therefore required to comply with
               corresponding Performance Outcome PO5 of the Dual Occupancy and Multiple Dwelling Code,
               which states:
               PO5            Development is designed to minimise noise carrying between dwelling units or
                              accommodation units by locating noise sensitive spaces such as bedrooms away from
                              noise generating areas of the development, such as car parking areas or mechanical
                              plant and equipment or recreational facilities.
               To address the potential for noise carrying from noise generating areas to sensitive spaces such
               as bedrooms, it has been conditioned as part of the preliminary approval to amend the proposal to
               provide noise attenuation measures, such as double glazing to bedroom windows where they are
               located within 3m of the shared driveway, car park or refuse area.
               Driveways and Parking Code
               Car parking
               Acceptable Outcome AO6.1 of the Driveways and Parking Code states:
               AO6.1          The number of car parking spaces, motor cycle spaces, bicycle spaces and loading
                              bays is not less than the minimum number specified in Table 9.4.1.4 Minimum parking
                              requirements including end of trip facilities.
               The applicant is proposing 4 visitor car parks; however, visitor car park 4 is located in the access
               easement/handle. This outcome is not supported and as such does not comply with AO6.1 of the
               Driveways and Parking Code. The proposal is therefore required to comply with corresponding
               Performance Outcome PO6 of the Driveways and Parking Code, which states:
               PO6            Sufficient parking
                              (a) is provided having regard to the specifics of the use including—
                              i.       the type and intensity of land use;
                              ii.      any existing parking available on the site;
                              iii.     hours of operation;
                              iv.      likely numbers of users;
                              v.       accessibility to the site by means other than private motor vehicle;
                              vi.      the peak parking demand periods of uses on the site; and
                              vii.     the availability of alternative car parking; and
                              (b) is provided to accommodate the number and type of vehicles and motorcycles likely
                                  to be generated by the development.
               This area of non-compliance was raised in Council’s Information Request dated 28 October 2024.
               It was strictly stated that Council did not support this outcome. It is Council’s position that sufficient


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               parking is not provided in term of the type and intensity of the proposed use and the development
               will not accommodate the number of vehicles likely to be generated by the development.
               The applicant did not address the issue of the location of visitor car park 4 in their response. This
               outcome is not supported and revised plans are to be submitted providing the required number of
               visitor car parking spaces further within the development and not along the existing access
               handle/easement.
               It is also noted that on the development statistics page of the proposal plans, that the number of
               resident car parking spaces need to be updated to 30 spaces. This has been included in the
               conditions of the preliminary approval.
               Reconfiguring a Lot Code
               Acceptable Outcome AO21.8 of the Reconfiguring a Lot Code states:
               AO21.8         No more than three lots gain access from the same access strip.
               The applicant is proposing that four lots gain access from the same access strip and as such does
               not comply with AO21.8 of the Reconfiguring a Lot Code. The proposal is therefore required to
               comply with corresponding Performance Outcome PO21 of the Reconfiguring a Lot Code, which
               states:
               PO21           Rear (battle-axe) lots are created only where:-
                              a.       it would not be desirable nor practicable for the site to be reconfigured so that all
                                       lots have full frontage to a road;
                              b.       located in the Low density residential zone, Rural residential zone or Rural zone;
                              c.       development positively contributes to the character of the neighbourhood;
                              d.       development provides a high standard of amenity for residents and other users
                                       of the rear lot and adjoining properties;
                              e.       the lot is large enough to accommodate anticipated land uses including car
                                       parking and manoeuvring;
                              f.       development is not detrimental to the use and amenity of adjoining lots through
                                       loss of privacy, sunlight or breezes once buildings are constructed;
                              g.       vehicular access to rear lots will not have a detrimental impact on lots adjoining
                                       the access strip due to excessive noise, light, dust, stormwater runoff and the
                                       like;
                              h.       access arrangements do not adversely affect the safety and efficiency of the road
                                       from which access is gained;
                              i.       their creation does not prejudice the anticipated development of adjoining land.
               This matter was raised in Council’s Information Request as increasing the number of lots from 4 to
               5 gaining access would cause detrimental impacts to lots adjoining the access strip, such as the
               new dwelling at 2B Starboard Avenue. In response to this item, the applicant provided the following
               justification:
               There are three existing Medium Density Zoned lots that currently gain access from Starboard Ave.
               Under The Noosa Plan and endorsed Round 2 amendments these sites are to be developed for a
               dual occupancy or multiple dwelling units on each of the three lots (6+ units). The proposal is for 4
               multiple dwelling units to access the easement, which is less than what is currently sought for and
               designed for. Furthermore, the proposal is for a community tile subdivision and the rear lot
               provisions are not applicable.
               It is acknowledged that because of the upzoning (from detached house to Medium Density
               Residential) that occurred since The Noosa Plan 2006 was superseded, hypothetically the existing
               three lots could be developed for 6+ units. The applicant’s justification above only addresses part
               of the relevant performance criteria for PO21 of the Reconfiguring a Lot Code.


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               With reference to PO21(d), the issue of amenity impacts to the neighbouring dwellings at 2, 2A,
               2B and 6 Starboard Avenue, this was raised in Council’s Information Request. The applicant’s
               response recommended that a detailed lighting plan be provided as part of the Building Approval.
               A condition will be imposed as part of any full development permit to ensure all outdoor lighting
               complies with Australian Standard AS4282. This standard sets the guideline for mitigating the
               obtrusive effects of outdoor lighting and provides recommended limits for relevant lighting levels to
               contain these effects within tolerable levels. Furthermore, along the southern extent of the existing
               access handle, there is an existing dense hedge that will effectively screen the adjoining properties
               from light spillage. Blockwork fencing and landscaping will also effectively reduce light spill from
               reducing the amenity of the existing dwellings on 2A and 2B Starboard Avenue.
               It is noted that the proposal to increase the number of Medium Density Residential Zoned lots
               gaining access from this rear lot does not meet PO21(b) of the Reconfiguring a Lot Code.
               Notwithstanding this, the non-compliance with PO21(b) meets the purpose and overall outcomes
               of the Reconfiguring a Lot Code because the rear lots were created before the land was upzoned
               and is therefore consistent with the established and emerging character of the local area. The
               emerging character of the area provisions for higher densities and is therefore likely to result in
               more lot being created from an existing rear lot.
               Water Quality and Drainage Code
               Acceptable Outcome AO2.1-AO2.4 of the Water Quality and Drainage Code state:
               AO2.1          Stormwater drainage planning, design and construction is in accordance with PSP6
                              Engineering Design Standards - Roads, drainage and earthworks and the latest
                              version of the Queensland Urban Drainage Design Manual.
               AO2.2          The stormwater drainage system connects to a lawful point of discharge in accordance
                              with PSP6 Engineering Design Standards - Roads, drainage and earthworks.
               AO2.3          Stormwater flows discharging from the development are demonstrated to be consistent
                              with pre-development characteristics.
               AO2.4          Development provides for the management of stormwater to incorporate appropriate
                              allowance for climate change impacts (including rainfall intensity and sea level rise), in
                              accordance with PSP6 Engineering Design Standards – Roads, Drainage and
                              Earthworks.
               The proposal does not meet these Acceptable Outcomes and as such does not comply with these
               provisions of the code. The proposal is therefore required to comply with corresponding
               Performance Outcome PO2 of the Water Quality and Drainage Code, which states:
               PO2            Stormwater drainage infrastructure is planned, designed and constructed to:
                              (a)      incorporate allowance for increased flood risk and tidal inundation through
                                       pipework as a result of climate change and sea level rise;
                              (b)      ensure the development is adequately drained; and
                              (c)      ensure stormwater is managed and lawfully discharged without altering
                                       stormwater drainage characteristics external to the site.
               Council’s Information Request raised issues regarding the external drainage impacts that the
               development would cause. The assessment did not consider the impacts on all parts of the
               drainage network external to the site.
               The response to Council’s Information Request did not sufficiently resolve issues relating to
               stormwater management, specifically allowances for climate change and demonstrating a ‘non-
               worsening’ outcome that assessed like-for like scenarios for climate change scenarios, based on
               the 1% AEP event (2100).
               Council’s Senior Development Engineer has also considered the proposed stormwater solution
               and has provided advice in his assessment in section 4.2 below.



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               This outcome is not supported and must be addressed as part of the conditions of this preliminary
               approval.
               Waste Management Code
               Acceptable Outcome AO1.1 and AO1.2 of the Waste Management Code state:
               AO1.1          Construction, operational and demolition works are planned and managed in
                              accordance with Planning Scheme Policy PSP9 Waste management.
                              Editor’s Note— PSP9 Waste Management requires Waste Management Plans to be
                              prepared as part of certain types of development applications to ensure proper
                              consideration is given to waste minimisation, segregation and reuse.
               AO1.2          Adequate area is provided on-site for the collection and separate storage of recyclable,
                              non-recyclable, vegetative and hazardous materials in their specific waste streams
                              during construction or demolition works and the operational phase of development.
               The proposed waste storage areas do not meet the requirements of these Acceptable Outcomes
               of the code. The proposal is therefore required to comply with corresponding Performance
               Outcome PO1 of the Waste Management Code, which states:
               PO1            Development that generates several classes of waste is designed so waste is
                              collected, stored and disposed of in a safe and ecologically sustainable manner.
               The proposed development did not demonstrate compliance with PSP9 Waste Management, and
               the applicant did not provide a Waste Management Plan demonstrating that all waste servicing
               and collection can occur onsite.
               The refuse/recycling areas associated with the development must occur in locations that minimise
               the amenity impact on adjacent properties.
               The submitted information for the provision of onsite servicing did not demonstrate that a Refuse
               Collection Vehicle could enter and exit the site in a forward gear while remaining wholly within the
               access driveway (i.e., the access handle to Starboard Avenue).
               Council’s Senior Development Engineer has also considered the proposed waste solution and has
               provided advice in his assessment below.
               The outcome proposed by the applicant is not supported and must be addressed as part of the
               conditions of this preliminary approval.
               4.     CONSULTATION
               4.1. Referral Agencies
               Not Applicable
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •   Senior Development Engineer, Development Assessment
               •   Senior Environment Officer, Development Assessment
               Council Senior Development Engineer, provided the following in an internal memo:
               Engineering has identified unresolved issues relating to stormwater management (allowance for
               climate change) and waste collection (vehicle manoeuvring and servicing).
                      Stormwater Drainage
               1.     Prior to Council issuing a Development Permit, provide an amended Stormwater
                      Management Plan and associated Engineering Drawings that incorporates an allowance for
                      climate change in accordance with Performance Outcome 2 of the Water Quality and
                      Drainage Code. The amended package must include amendments to Engeny’s Stormwater
                      Management Plan and associated Engineering Drawings prepared by TOD Consulting, be
                      prepared by a suitably qualified person (RPEQ), and include in particular:

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                      a.      allowance for a 20% increase in rainfall intensity by the year 2100 for all modelled
                              scenarios (10% and 1% AEP event);
                      b.      a revised assessment of non-worsening based on like-for-like scenarios for climate
                              change scenarios, based on the 1% AEP event (2100);
                      c.      revised internal site drainage drawings and calculations to include a climate change
                              allowance; and
                      d.      additional detail demonstrating how the “gap flow” has been calculated – nothing that
                              Section 4.1 of the Stormwater Management Plan suggests that development flows in
                              excess of the pipe network fail to report to the existing bioretention basin in Ely Street.
                      Waste Management
               2.     Prior to Council issuing a Development Permit, provide a Waste Management Plan
                      demonstrating that all waste servicing and collection is to occur onsite. The Waste
                      Management Plan must be prepared by a suitably qualified person and include, in particular:
                      a.      onsite collection of refuse/recycling must be undertaken using 1,100 litre, low-noise
                              waste containers – waste servicing, include the storage of waste containers, must
                              occur in locations that minimise the amenity impact on adjacent properties.
                      b.      provision for on-site servicing by a Refuse Collection Vehicle (i.e., Dennis Eagle Elite
                              2 6x4 with rear lift configuration) – the Refuse Collection Vehicle must be able to enter
                              and exit the site in a forward gear while remaining wholly within the access driveway
                              (i.e., the access handle to Starboard Avenue).
                              If a Refuse Collection Vehicle is unable to remain wholly within the access driveway,
                              provide a revised development layout that accommodate on-site manoeuvring of a
                              Refuse Collection Vehicle; and
                      c.      compliance with The Noosa Plan 2020 – Waste Management Code and PSP9 Waste
                              Management.
               The above matters are to be resolved prior to Council issuing Development Permits for this
               combined application for Material Change of Use, Reconfiguring a Lot and Operational Works.
               5.     CONCLUSION & REASONS FOR DECISION
               The above matters raised in the assessment of this application may impact on the design of the
               development and therefore the application is recommended for preliminary approval. A preliminary
               approval is being issued due to the proposed development:
               -      not sufficiently demonstrating that the privacy and amenity of the adjoining properties is
                      maintained;
               -      not clearly demonstrating on the proposal plans how the site cover was calculated;
               -      not providing the required number of car parking spaces for residents;
               -      positioning a visitor car parking space within the easement;
               -      not sufficiently resolving issues relating to the proposed stormwater management solution;
                      and
               -      not sufficiently demonstrating that a Refuse Collection Vehicle can enter and exiting the site
                      in a forward gear while remaining wholly within the access driveway.
               Prior to Council issuing a Development Permit, amended plans are required to address the above
               issues, which could not be resolved through reasonable and relevant conditions and/or Council
               annotations on the proposal plans.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No MCU24/0125, OPW24/0158 and RAL24/0021 for a Material Change
               of Use - Multiple dwelling situated at 73, 75 and 77 Eumundi Noosa Road and 2c, 2d and 2e
               Starboard Avenue, Noosaville Qld 4566 and described as Lots 1, 2, 3, 48, 49 and 50 on SP 298783,


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               it is recommended the application be approved and a preliminary approval granted in accordance
               with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:               MCU24/0125, OPW24/0158 and RAL24/0021

                   Street address:               73, 75 and 77 Eumundi Noosa Road and 2c, 2d and 2e Starboard
                                                 Avenue, Noosaville Qld 4566

                   Real property description:    Lots 1, 2, 3, 48, 49 and 50 on SP 298783

                   Planning Scheme:              Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Preliminary Approval for Material Change of Use - Multiple dwelling (15 Units)
               •       Preliminary Approval for Operational Works for Roadworks, Drainage Work, Stormwater,
                       Earthworks and Landscaping
               •       Preliminary Approval for Reconfiguring a Lot - Community Title Subdivision (1 Lot into 15
                       Lots)
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

                       When Conditions must be Complied With
               1.      Amended plans and associated reports must be submitted to Council prior to any further
                       development applications being made and must include the following to the reasonable
                       satisfaction of the Manager, Development Assessment:
                       1.1.     Amended proposal plans to reference the required number of resident car parking
                                spaces, being 30 spaces in accordance with Table 9.4.1.4 Minimum parking
                                requirements of the Driveways and Parking Code.
                       1.2.     Amended proposal plans to relocate visitor car park 4 from the access
                                handle/easement to a suitable location closer to Units 12-15.
                       1.3.     Sensitive spaces, such as bedroom within 3m of noise generating areas are to be
                                acoustically treated with treatments shown on the amended proposal plans, such as
                                double glazing to ensure that the acoustic privacy of these areas is achieved.
                       1.4.     Amended proposal plans to clearly detail that the pool and terrace areas and upper-
                                level balcony and windows are appropriately screened or treated to minimise
                                overlooking into the private open space areas of adjoining residents.
                       1.5.     Confirm whether the combination of fill, retaining walls and fencing results in some
                                overall fence heights of approximately 4m, when viewed from the adjoining properties
                                and address the potential amenity impacts resulting from this outcome. Where
                                necessary, amend the proposal plans to address any impacts that cannot be
                                managed through reasonable and relevant conditions.
                       1.6.     Confirm the methodology used to determine the proposed site cover shown on the
                                proposal plans. Specifically, why several portions of the built form of Units 1-5, 8, 10,
                                12-15, have been excluded from the site cover calculation.
                       1.7.     Where required, provide amended landscaping, reconfiguring a lot and operational
                                works plans to reflect any changes made to the proposal plans.

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                      Currency Period
               2.     This development approval lapses if the requirements of the conditions have not been
                      completed and lodged with Council by 1 April 2027, unless an application to extend the
                      currency period is approved by Council.
                      Stormwater Drainage
               3.     Prior to Council issuing a Development Permit, provide an amended Stormwater
                      Management Plan and associated Engineering Drawings that incorporates an allowance for
                      climate change in accordance with Performance Outcome 2 of the Water Quality and
                      Drainage Code. The amended package must include amendments to Engeny’s Stormwater
                      Management Plan and associated Engineering Drawings prepared by TOD Consulting, be
                      prepared by a suitably qualified person (RPEQ), and include in particular:
                      3.1.      allowance for a 20% increase in rainfall intensity by the year 2100 for all modelled
                                scenarios (10% and 1% AEP event);
                      3.2.      a revised assessment of non-worsening based on like-for-like scenarios for climate
                                change scenarios, based on the 1% AEP event (2100);
                      3.3.      revised internal site drainage drawings and calculations to include a climate change
                                allowance; and
                      3.4.      additional detail demonstrating how the “gap flow” has been calculated – nothing that
                                Section 4.1 of the Stormwater Management Plan suggests that development flows in
                                excess of the pipe network fail to report to the existing bioretention basin in Ely Street.
                      Waste Management
               4.     Prior to Council issuing a Development Permit, provide a Waste Management Plan
                      demonstrating that all waste servicing and collection is to occur onsite. The Waste
                      Management Plan must be prepared by a suitably qualified person and include, in particular:
                      4.1.      onsite collection of refuse/recycling must be undertaken using 1,100 litre, low-noise
                                waste containers – waste servicing, include the storage of waste containers, must
                                occur in locations that minimise the amenity impact on adjacent properties.
                      4.2.      provision for on-site servicing by a Refuse Collection Vehicle (i.e., Dennis Eagle Elite
                                2 6x4 with rear lift configuration) – the Refuse Collection Vehicle must be able to enter
                                and exit the site in a forward gear while remaining wholly within the access driveway
                                (i.e., the access handle to Starboard Avenue).
                      4.3.      If a Refuse Collection Vehicle is unable to remain wholly within the access driveway,
                                provide a revised development layout that accommodate on-site manoeuvring of a
                                Refuse Collection Vehicle; and
                      4.4.      Compliance with The Noosa Plan 2020 – Waste Management Code and PSP9 Waste
                                Management.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:




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                      Resubmission of Amended Plans Required
               1.     The conditions of this Decision Notice require resubmission of plan/s to Council with
                      amendments. Please address the amended plan/s to Council’s Development Assessment
                      Branch with the Reference No. MCU24/0125, OPW24/0158 and RAL24/0021.
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required             Subject of the required Development Permit

                Development Permit for Material Change of Multiple Dwelling (15 Units)
                Use

                Development Permit for Reconfiguring a Lot      Community Title Subdivision (1 Lot into 15 Lots)

                Development Permit for Operational Works        Roadworks, Drainage Work,            Stormwater,
                                                                Earthworks and Landscaping

                Development Permit for Building Works           All building work.

               11.    SUBMISSIONS

               Not applicable.
               12.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               13.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.




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