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planning report 22 lorikeet - draft · MCU25/0146

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      Development Application
          Planning Report


Material Change of Use for a Dwelling House
situated at 22 Lorikeet Drive, Peregian Beach
        described as Lot 708 P93127




                                                Page 1 of 12
Full text of the other 11 pages

Page 2

Contents
1.0      Summary ........................................................................................................................... 3
  1.1       Development application details ................................................................................................3
  1.2       Planning instrument details .......................................................................................................3
  1.3       Referral Agencies .......................................................................................................................3
2.0      Site details ......................................................................................................................... 4
  2.1       Site description ..........................................................................................................................4
  2.2       Surrounding land uses ................................................................................................................4
3.0      Proposed development details .......................................................................................... 5
4.0      Planning assessment .......................................................................................................... 6
  4.1    Coastal Protection and Scenic Amenity Overlay Code .................................................................6
  4.2    Low Density Residential Zone Code and Low-Density Housing Code ...........................................8
    4.2.1    Setbacks ..................................................................................................................................... 9
    4.2.2    Roof terrace ............................................................................................................................. 11
5.0      State assessment and other matters ................................................................................ 12
  5.1    State interests .......................................................................................................................... 12
    5.1.1 Matters established in the Planning Regulation ............................................................................ 12
    5.1.2 State Planning Policy ...................................................................................................................... 12
6.0      Conclusion ....................................................................................................................... 12




Client Name:          M Constance & K Howe
Prepared by:          Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO RPIA
Version:              1
Date:                 6 December 2025




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

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




                                                                                                                                           Page 2 of 12

Page 3

1.0 Summary

1.1 Development application details
  Proposed development:          Material Change of Use – Dwelling House
  Site address:                  22 Lorikeet Drive, Peregian Beach
  Real property description:     Lot 708 on P93127
  Site area:                     729m2
  Owner details:                 M Constance & K Howe
  Applicant details:             M Constance & K Howe c/ Pivotal Perspective pty ltd


1.2 Planning instrument details
 State planning policy:          Erosion Prone Area
 Regional plan:                  SEQ Regional Plan 2017
 Designation:                    Urban Footprint
 Planning scheme:                The Noosa Plan 2020 (Sept 2025)
 Zone:                           Low Density Residential zone
 Level of assessment:            Code
 Applicable overlays:            Coastal Protection and Scenic Amenity Overlay.
 Applicable codes:               Coastal Protection and Scenic Amenity Overlay Code
                                 Low Density Residential Zone Code (part)
                                 Low Density Housing Code (part)



1.3 Referral Agencies
SARA - Planning Regulations 2017, Sch 10, Part 4 - Contaminated Land - Unexploded Ordnance




                                                                                   Page 3 of 12

Page 4

2.0 Site details
2.1 Site description
Table 1: Site description
 Site characteristic                                                Description
 Existing land use                Vacant
 Frontage and access              18.3m to Lorikeet Drive
 Topography and views             The site falls from the street to the seaward boundary. There is approximately 2m
                                  of fall from front to rear.
 Easements                        Nil




Figure 1 - Site identification (Source: Council mapping)



2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses
 North                  Detached House
 South                  Detached house
 West                   Detached House across Lorikeet Drive
 East                   Road reserve and beyond is vegetated coastal dune and the beach




                                                                                                     Page 4 of 12

Page 5

3.0 Proposed development details
The proposed dwelling house will gain access from Lorikeet Drive, with the building orientated to the
east towards the coastal dune and beach. Materials include a mix of masonry, timber cladding and
glass finishes with podium landscaping and sheet metal roofing. A small roof terrace is proposed to
the southern pavilion, carefully located to ensure no overlooking occurs. A copy of the proposed
plans is included in the application.




                                             Figure 2 - Site Plan




                                          Figure 3 - Street elevation




                               Figure 4 - Eastern elevation / seaward elevation




                                                                                          Page 5 of 12

Page 6

4.0 Planning assessment
4.1          Coastal Protection and Scenic Amenity Overlay Code
An assessment against the relevant provisions is provided below.

Table 3: Assessment against key development parameters of the Coastal Protection and
Scenic Amenity Overlay Code within The Noosa Plan 2020:
 8.2.4 Coastal Protection and Scenic Amenity Overlay Code

 Provision       Code Provision                                                   Proposal                                    Comply

 PO1         -   PO1                                                              The site is setback nearly 90m from the     Y
 Development     Development allows for natural fluctuations of the coast and     toe of the frontal dune. The dune area is
 in    Coastal   foreshores to occur, including allowance of climate change.      fully vegetated which provides natural
 Erosion                                                                          armouring       against    the    natural
 Areas           Editor's note—Coastal erosion areas are identified on            fluctuations. The development does not
                 Council's online mapping for the years 2040, 2070 and 2100       change the natural conditions which
                                                                                  allows for natural protection systems to
                                                                                  flourish.
 PO2         -   PO2                                                              As described above, the site is setback     Y
 Protection of   Development is located, designed and constructed to:             considerably from the toe of the frontal
 dunes     and    (a) maintain dune crest heights and minimise and                dune and is not damaging dune heights
 coastal                mitigate the risk to development from wave                or coastal vegetation.
 creeks                 overtopping and storm tide inundation; and
                  (b) maintain or enhance coastal ecosystems and natural
                        features such as coastal creeks and marine plants
                        including mangroves, salt marshes and coastal
                        wetlands, to assist in protecting and buffering
                        communities and infrastructure from sea-level rise
                        and coastal inundation impacts.
 PO3 – Coastal   PO3                                                              Not applicable                              N/A
 Building        Where a coastal building line exists on a lot, all buildings,
 Lines           structures and retaining walls do not extend seaward of
                 the coastal building line for the site, other than—

                 (a) uncovered and unenclosed cantilevered balconies that
                     do not extend greater than 3 metres seaward of the
                     coastal building line; and
                 (b) are setback a minimum of 6 metres from the seaward
                     boundary (see Figure 8.2.4.4).

 PO4 – No        PO4                                                              The development is setback 6m from the      Y
 Coastal         Where a coastal building line does not exist on a lot fronting   seaward boundary.
 building line   the beachfront or a reserve adjoining the beachfront, new
                 buildings and structures are setback no less than 6 metres
                 from the seaward boundary of the site.
 AO5 – Visual    AO5
 and   Scenic    A mix of native landscaping, such as ground covers,              While a condition can be imposed, the       Y
 Amenity         shrubs and trees, is provided for a width of 5 metres from       plans identify landscaping within 5m of
                 the seaward or rear boundary of the site to provide              the seaward boundary.
                 adequate landscape buffering to protect the coastal dune
                 system.

 AO6 – Visual    AO6.1
 and   Scenic    Rear fences adjacent to the beachfront within the Coastal        A condition can be imposed                  Y
 Amenity         Protection Area incorporate the following—
                      (a) height of no more than 1.2 metres; and
                      (b) open construction (ie at least 50% transparent);
                      (c) lightweight materials (eg. timber); and
                      (d) dark colours to blend with the natural landscape.

                 AO6.2
                 Gates are not installed in fences as direct access to the
                 beachfront does not occur.

                 AO6.3




                                                                                                                         Page 6 of 12

Page 7

                   Only beach access points for use by the community are
                   constructed.
PO7     Turtle     PO7                                                              No new beach access are proposed.       Y
nesting            No new beach access points are established unless the
                   beach access is designed to reduce interference on turtle
                   nesting areas and—

                   (a) is required to enhance public access to the beach;
                       and
                   (b) there is no increase in the number of beach access
                       points, with any replaced beach accesses fenced off
                       and revegetated.
AO8.1 & 8.2        AO8.1                                                            A condition can be imposed.             Y
Sea     turtles    Development is to use outside lighting that is—
and artificial
lighting           (a) shielded by 25cm shields;
                   (b) mounted down low to avoid direct horizontal light or
                       downwards glare onto the beach or ocean; and
                   (c) directed downwards and away from the coast.


                   Editor's Note—Refer to Figure 8.2.4.5 for example of
                   shielded lighting.

                   AO8.2
                   All outside lights are fitted with light motion detection
                   sensors and/or timers to ensure lighting is turned off when
                   not required.
PO9          Sea   PO9                                                              A condition can be imposed.             Y
turtles      and   Development minimises the use and intensity (brightness/
artificial         luminance) of outside lighting to avoid reflection from the
lighting           ground, buildings and other surfaces.
AO10         Sea   AO10                                                             A condition can be imposed.             Y
turtles      and   All windows and glass doors visible from the coast are—
artificial
lighting           (a) tinted with non-reflective tinting, or utilise smart glass
                       technology, to block a minimum of 50% of light to
                       reduce light transmission or spill from indoor lighting
                       (i.e. allows a maximum of 50% of light to pass
                       through); or
                   (b) shielded by external screens to reduce light spill from
                       indoor lighting.

                   Editor's Note— Windows shielded with external fixed
                   louvers are to be—

                   (a) solid (i.e. no holes);
                   (b) directed downward from the window at a minimum
                       angle of 30 degrees; or
                   (c) in accordance with the dimensions identified in Figure
                       8.2.4.6.




                                                                                                                        Page 7 of 12

Page 8

4.2        Low Density Residential Zone Code and Low-Density
           Housing Code
The following Table outlines the key development parameters for the development in relation to the
Low Density Residential Zone Code and the Low Density Housing Code.


  Criteria                  Planning Scheme          Proposal                  Complies
  Site area – 604m²
  Building height
  storeys                   2 storeys max            2 storeys                 Y
  metres                    8 metres                 8m                        Y

  Site cover                50% - main level         36.8% (269m²) ground      Y
                            30% - other levels       floor
                                                     30% (221m²) upper floor
  Boundary setbacks
  Frontage                  6m min                   5.4m – ground level       PO assessment
                                                     eave

  Side (north)              1.5m/2m/2.5m             1.5m - ground level       Y
                                                     0.7m – ground level       PO assessment
                                                     eave                      Y
                                                     2m - upper level          PO assessment
                                                     1.5m – upper level eave

  Side (southern)           1.5m/2m/2.5m            1.5m – ground level        Y
                                                    2m – upper level           Y
                                                    1.2m – upper level eave    PO assessment
                                                    0.9m - garage              Y (less than 3.5m
                                                                               and compliant with
                                                                               the QDC)
  Seaward boundary          6m                       6m                        Y


  Gross floor area          Maximum 500m² GFA        354m² GFA                 Y
  Roof Form
  Roof terrace              No roof terrace          15m² roof terrace         PO
  Soft Landscaping          20% min                  >20%                      Y

  Carparking                2 covered min            2 covered                 Y


As indicated in the Table above, the proposal generally complies with Acceptable outcomes,
however, a Performance Outcome assessment required for setbacks and a roof terrace which is
provided below.




                                                                                          Page 8 of 12

Page 9

4.2.1 Setbacks

The proposal requires a setback variation to the front and side boundaries. The extent of the
encroachments is minor as demonstrated below. The proposal is therefore assessed against PO9
of the Low Density Residential Zone Code which is provided below.

PO9
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 and access to sunlight;
(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 soft landscaping to be provided between buildings and the site boundaries to provide
       for trees and shrubs;
(f)    contribute to open streetscapes by avoiding buildings and structures within the front 6 metres
       of the property; and
(g)    protect the natural character and avoid adverse impacts on ecologically important areas such
       as national parks, waterways and wetlands.

The eaves to the front of the garage are tapered from a setback of 6m to 5.4m and the eaves to both
side boundaries encroach approximately 0.6m into the setback. The encroachments are shown in
the Figures below.




Figure 5 - Encroachment shown in red highlight




                                                                                          Page 9 of 12

Page 10

Figure 6 - North and south boundary encroachments highlighted in red

As depicted in the above Figures the encroachments are minor and fully comply with PO9 for the
following reasons-

•   Does not impact on neighbouring properties in terms of noise, light or privacy given that the
    encroachment is a small portion of eave and does not allow additional habitable areas to within
    the setback.
•   The main building is compliantly setback in accordance with the Acceptable Outcome.
•   It is unlikely that the front setback would be noticeable from the street.
•   Eave provides weather protection and resilience to climate change.
•   Contributes to building articulation and enhances street appeal.
•   No shading will occur to the northern neighbour as the eave is on the southern side of that
    neighbour.
•   The southern eave is a small sliver that will not cause significant impacts on the neighbouring
    property.
•   The eaves add visual interest to the building design.




                                                                                       Page 10 of 12

Page 11

4.2.2 Roof terrace
The development proposes a roof terrace to the southern pavilion and requires to be assessed
against PO16 which is provided below for reference and assessed thereafter.

PO16
Roof designs:
(a)    contribute positively to the character of the streetscape;
(b)    incorporate eaves and roof overhangs;
(c)    avoid boxy elevations on the front facade of the building;
(d)    do not present an appearance of excessive bulk to the street or neighbouring properties;
(e)    do not create opportunities for residents or building users to overlook the private open space
       or view into habitable windows or doors of neighbouring properties.




                            Figure 7 – Rooftop terrace location and Nearmap photo

The roof terrace fully complies with PO16 for the following reasons –

   •   The roof is a modern design and incorporates eaves to 100% of the perimeter of both the
       ground and upper levels for weather protection.
   •   Is not a boxy profile facing the street with the use of natural timber and a beach side Noosa
       look and feel.
   •   The main building walls comply with the Acceptable outcomes for setbacks with the
       elevations well-articulated so as not to appear bulky to the street of neighbouring properties.
   •   No overlooking will occur as the habitable area of the roof terrace is setback –
           o 3m from the southern boundary;
           o 9.9m from the northern boundary; and
           o The balustrading is less than 8m above NGL




                                                                                         Page 11 of 12

Page 12

5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is within an Erosion prone area but not within a Coastal management district and
therefore no further assessment is required.



6.0 Conclusion
This application seeks a Development Permit a Material Change of Use for a Dwelling House
(Coastal Protection Overlay) situated at 22 Lorikeet Drive, Peregian Beach. The proposed
development is code assessable and meets the relevant Acceptable and Performance Outcomes.

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

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

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

Council, after carrying out the assessment—

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

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

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

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

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

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

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


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




                                                                                                                    Page 12 of 12

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