Council archive · source document
Sandpiper Planning Report 090915 · 132007.1181.02
Attached to the e-mail 132007.1181.02 Change to existing approval.
Town Planning Report CHANGE TO DEVELOPMENT APPROVAL ROOF TERRACE Lot 5 SANDPIPER 33 HASTINGS ST NOOSA HEADS Applicant: Spurgin Assets Pty Ltd Date: SEPTEMBER 2015
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Page 2
1. Permissible Change Assessment ................................................................................................. 4
2. Summary .................................................................................................................................... 6
3. Application Information ............................................................................................................. 8
4. Development Intent ................................................................................................................... 9
5. Characteristics of Site and Surrounds ....................................................................................... 10
5.1 Site Characteristics ......................................................................................................................... 10
5.2 Past and Existing Uses .................................................................................................................... 12
5.3 Surrounding Area Land Uses ........................................................................................................... 12
6. Proposed Development Details ................................................................................................ 13
6.1 Material Change of Use .................................................................................................................. 13
7. State Planning Interests ............................................................................................................ 14
8. SEQ Regional Plan ..................................................................................................................... 14
9. Noosa Planning Scheme Considerations ................................................................................... 15
9.1 Land Use Definition ........................................................................................................................ 15
9.2 Locality and Zone ............................................................................................................................ 15
9.3 Level of Assessment ....................................................................................................................... 16
9.4 Applicable Development and Overlay Codes ................................................................................. 16
10. Conclusions............................................................................................................................... 21
Figures
Figure 1 – Location Map
Figure 2 – Cadastral Map
Figure 3 – View from roof top terrace
Appendices
Appendix 1 – Proposal Plans
Appendix 2 – Photo Montages
Appendix 3 – Survey Reports
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced by
any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of Spurgin Assets Pty Ltd (“Client”) for the
specific purpose of making a Development Application (“Purpose”). This report is strictly limited to
the purpose and the facts and matters stated in it and does not apply directly or indirectly and will
not be used for any other application, purpose, use or matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up-to-date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
this report may not be relied on by a Third Party; and
RG Strategic will not be liable to a Third Party for any loss, damage, liability or claim arising out
of or incidental to a Third Party; and
Publishing, using or relying on the facts, content, opinions or subject matter contained in this
report
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this
report with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
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1. Permissible Change Assessment
Section 367 of the Sustainable Planning Act 2009 (SPA), states:
(1) A permissible change, for a development approval, is a change to the approval that would
not—
(a) result in a substantially different development; or
According to Statutory Guideline 06/09 - Substantially different development when changing
applications and approvals …the change may result in a substantially different development if
the proposed change:
• Involves a new use with different or additional impacts.
Comment: The proposed change does not establish a new use.
• Results in the application applying to a new parcel of land
Comment: The proposed change does not involve any new parcels of land.
• Dramatically changes the built form in terms of scale, bulk and appearance.
Comment: The proposed change will not dramatically change the built form in terms of the
scale, bulk or appearance.
• Changes the ability of the proposal to operate as intended.
Comment: The development will still operate as intended.
• Removes a component that is integral to the operation of the development.
Comment: The proposed change does not remove any integral components of the
development.
• Significantly impacts on traffic flow and the transport network, such as increasing traffic to
the site.
Comment: The proposed change will not significantly impact on traffic flow or the
transport network.
• Introduces new impacts or increases the severity of known impacts
Comment: The proposed change will not introduce new impacts or increase the severity of
known impacts.
• Removes an incentive or offset component that would have balanced a negative impact of
the development’
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Comment: No development incentives or offsets are removed by the change.
• Impacts on infrastructure provision, location or demand.
Comment: The proposed change will have minimal impact on infrastructure provision.
(b) if the application for the approval were remade including the change:
i. require referral to additional concurrence agencies;
Comment: The proposed change would not require the application to be referred to
additional concurrence agencies.
or
ii. for an approval for assessable development that previously did not require impact
assessment—require impact assessment; or
Comment: The original approval required impact assessment.
(c) for an approval for assessable development that previously required impact assessment—be
likely, in the responsible entity’s opinion, to cause a person to make a properly made submission
objecting to the proposed change, if the circumstances allowed; or
Comment: The proposed change would be unlikely to cause a person to make a properly
made submission if the circumstances allowed.
(d) cause development to which the approval relates to include any prohibited development.
Comment: The proposed change does not propose the inclusion of any prohibited
development.
(2) For deciding whether a change is a permissible change under subsection (1)(b) or (d), the
planning instruments or law in force at the time the request for the change was made apply (the
applicable law).
Comment: The proposed change is consistent with the provisions of the Noosa Plan.
CONCLUSION
In light of the above, it is considered that the proposed change to the development complies with
the provisions of the Sustainable Planning Act 2009, as it is minor in nature and does not offend the
intent of the approval. Approval of the request to change the development approval is therefore
warranted.
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MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
Sandpiper Hastings St, Noosa Heads
2. Summary
Spurgin Assets Pty Ltd have engaged RG Strategic to seek approval for a permissible change to the existing
development approval for the Sandpiper units in Noosa Heads. The desired change involves the modification
of condition 3 of the approval dated 20 October 2011 wherein the roof top pergola structure was required to
be of open construction and comprise lightweight materials
3. The pergola structure on the roof top terrace area shall be of open construction, as indicated on
the approved plans, and comprise lightweight materials to minimise the addition of building bulk to
the roofline of the development.
The applicant seeks approval to provide a solid roof to the roof terrace pergola to enhance the utility of the
area. It is requested that Condition 3, be changed to read as follows:
3. The pergola structure on the roof top terrace to be constructed as indicated on Plan No. DA01,
DA02 – dated 08/09/2015.
The subject site is Lot 5 on SP251687 at 33 Hastings Street as shown on Figure 1 Site Location Plan and Figure 2
Cadastral Plan. The proposed development meets the criteria for a permissible change to an existing approval
under s 367 of the Sustainable Planning Act.
The proposal is consistent with the general and specific outcomes for the Visitor Mixed Use zone in the Noosa
Heads locality in that it:
presents a building height consistent with structures on adjoining and surrounding land;
does not change the existing height of the building within 7m of the Hastings St alignment nor the
presentation to the beach, which is below 12m from natural ground level;
maintains a maximum height across balance area of site below the permissible 15m;
results in a building scale that is compatible with surrounding development;
does not present an appearance of excessive bulk to adjacent properties, roads or other areas in the
vicinity of the site;
improves the roof form in a way that
o contributes positively to the local skyline;
o complements the character of the locality;
o uses soft and articulated, pitched, skillion or curved roof forms; and
6
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MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
Sandpiper Hastings St, Noosa Heads
o does not create opportunities for residents to overlook the private open space areas of
neighbouring properties; and
is designed in a manner so that there is unlikely to be any adverse impact on the amenity enjoyed by
residents and visitors, including impacts associated with—
o visual and acoustic privacy;
o safety and security; and
o lighting
By placing a solid roof over the pergola the structure however technically forms a fifth storey and therefore
requires Council’s discretion to relax the maximum height in storeys. Architectural drawings (Appendix A) are
provided to demonstrate that the height of the building is consistent with neighbouring development at 31
Hastings Street, and will not add to any appearance of bulk greater than the approved pergola structure when
viewed from either the Hastings Street or Beach alignments.
This report provides greater detail of the proposal describes the site characteristics and surrounding land uses,
and provides a statutory assessment against the intents and code requirements of the Planning Scheme.
Following from site meeting with Council officer’s survey work was undertaken by Downes Survey Group
(Appendix C) to establish what Natural Ground level was and the existing finished height of the building.
Survey results and design work have been incorporated to ensure that the roofing of the approved pergola
does not exceed 15m above natural ground level.
7
SAN VER 090915
Page 8
MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
3. Application Information Sandpiper Hastings St, Noosa Heads
SITE DETAILS
Address Unit 3 Sandpiper, 33 Hastings Street, Noosa Heads
Real Property Description Lot 5 on SP251687
Local Authority Noosa Shire Council
Registered Landowner Spurgin Assets Pty Ltd
Current Approval / Use Visitor Accommodation Type 4
Proposed Use Visitor Accommodation Type 4
PLANNING SCHEME DESIGNATIONS
Planning Scheme The Noosa Plan 2006
Locality Noosa Heads
Zone Visitor Mixed Use
Overlays and Relevant Codes Noosa Heads Locality Code;
High Potential Acid Sulfate Area 0-5m AHD
APPLICATION DETAILS
Applicant Spurgin Assets Pty Ltd C/O RG Strategic
Application Type Request to Change and Existing Approval
Proposal Roof Top Pergola
Level of Assessment Code
Referrals N/A
PROJECT TEAM
Town Planning RG Strategic
Architecture Soul Space Design
Land Surveyor Greg Downes and Associates
8
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Page 9
MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
4. Development Intent Sandpiper Hastings St, Noosa Heads
The proposal seeks to develop a roof top terrace with solid roofed pergola as part of the existing approved
Visitor Accommodation on the site. The existing approval limits the pergola structure on the roof top terrace
areas to an open construction comprised of lightweight materials to minimise the addition of building bulk to
the roof line of the development.
The challenges that have presented from this condition of development is due to the nature and orientation of
the roof deck, the deck experiences are limited because of either high winds (with the associated salt spray),
rain and direct sunlight due to north orientation.
Provision of any furniture or cooking arrangements on the roof terrace are also limited as there is no ability to
protect against the elements as they present.
The applicant has engaged Soul Space Design to redesign the roof top terrace to provide a more aesthetically
pleasing design consisting of Waterproof Colourbond sheeting to the roof space of the proposed pergola.
To ensure that the space is more usable and manages the elements, louvres have been proposed as wall
treatments for airflow but also provide weather protection from climatic conditions.
The proposal is all designed within the approved existing dimensions of the yet to be constructed pergola with
in its simplest description it is placing a waterproof roof on top and louvered walls to the sides.
9
SAN VER 090915
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MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
5. Characteristics of Site and Surrounds Sandpiper Hastings St, Noosa Heads
5.1 Site Characteristics
The land the subject of this application (i.e. the site) is located at 33 Hastings Street, Noosa Heads, described
as Lot 5 on SP251687 (Figures 1 and 2). The site is on the northern, beach side of the street and is known as
the Sandpiper Apartments. Having frontages both to Main Beach and Hastings St the site is developed for a
mix of visitor accommodation and retail purposes consistent with the mixed uses character of location.
The site has access to all services and required infrastructure.
The map below indicates the site location.
Figure 1. Site Location Map
Source: Google Maps
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SAN VER 090915
Page 11
MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
Sandpiper Hastings St, Noosa Heads
Figure 2. Cadastral Map
Source: Qld Globe
11
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Page 12
MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
Sandpiper Hastings St, Noosa Heads
5.2 Past and Existing Uses
The site has a long history of use for a mix of visitor accommodation (Sandpiper Apartments) and retail
shopping (Rodd & Gunn current tenancy). The lot in question provides premium visitor accommodation (Type
4) and includes a rooftop terrace that enjoys panoramic view spanning the coastline from the Noosa National
to Double Island Point.
The open roof top terrace has power and water connected (Figure 3).
Figure 3: View of current roof top terrace
5.3 Surrounding Area Land Uses
Hastings Street is Noosa’s premium holiday strip featuring a diversity of retail, entertainment and visitor
accommodation. Immediately adjacent to the site are two sites developed for similar purposes with retail
premises along Hastings St (Frangipani and Ridley) and Visitor accommodation on the balance of the lots
(Anabelle’s and The Breakers).
Consideration was given to the adjoining buildings and any impacts that may occur by covering the approved
(still unconstructed) pergola structure with roofing material. A site visit was undertaken with a Council
Planning officer to inspect if this and enclosing for weather proofing the sides would present any visual impacts
to these adjoining buildings. It was clearly ascertained that this would not occur.
12
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MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
6. Proposed Development Details Sandpiper Hastings St, Noosa Heads
6.1 Material Change of Use
The proposed development is to provide a Colourbond roof over the approved pergola structure over part of
the roof top terrace. The new roof line will cover the total pergola and be pitched to complement existing roof
lines (Appendix A Proposal Plans). There will be no substantive change to the used of the lot, nor the access,
parking, landscaping or servicing of the lot.
The erection of a Colourbond roof varies from the approved construction technique and will create a fifth
storey over that part of the building. The new structure however, will only be able to be glimpsed if looking
skywards from the southern side of Hastings Street (SE corner will be partially visible for a stretch of approx.
7m) and the Beach frontage (NE corner partially visible for approx. 8m and NW corner partially visible for
approximately 4 m). The structure is unlikely to be viewed from adjoining allotments (Annabelle’s and The
Breakers) as decks and terraces on these properties face toward the beach. No additional noise generating use
will be facilitated by the proposed development. The proposal requires a modification of condition 3 of the
existing approval.
13
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Page 14
MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
7. State Planning Interests Sandpiper Hastings St, Noosa Heads
The only matter raised within state planning instruments is whether the development complies with criteria in
s 367 of the Sustainable Planning Act with respect to a permissible change of a development approval. The
table below discusses the compliance with each of the relevant criteria.
Permissible Change Criteria Assessment Complies
The change to the approval The proposal is for minor structural Yes
would not result in a modifications to increase the utility of the
substantially different premises for the approved use.
development
If the application for the The proposal requires only assessment of Yes
approval were remade the amenity and aesthetics and compliance with
change would not require Planning Scheme performance criteria and
referral to additional requires no consideration of external agencies
concurrence agencies
If the application for the The existing Material Change of Use Approval Yes
approval were remade the required impact assessment.
change would not be for an
approval for assessable
development that previously
did not require impact –
require impact assessment
If the application for the The minor change to roof-line to facilitate the Yes
approval were remade the practical utilisation of the roof top terrace is
change would not be for an within the permissible site lines and was
approval for assessable within the height limitations of the scheme at
development that previously the time. The change from the approved ‘soft’
required impact assessment— to a ‘hard’ roof in a location unlikely to be
be likely, in the responsible viewed by neighbouring properties is unlikely
entity’s opinion, to cause a to have been cause for objection.
person to make a properly
made submission objecting to
the proposed change, if the
circumstances allowed
If the application for the The minor architectural modifications to Yes
approval were remade the facilitate a consistent use meet the general
change would not cause desired outcomes for the zone, while the
development to which the building height in storeys does not meet one
approval relates to include any of the specific outcomes it is a matter of code
prohibited development. relaxation, not prohibition.
8. SEQ Regional Plan
The subject site is located within the Urban Footprint of the South East Queensland Regional Plan. The
proposed use is consistent with the SEQ Regional Plans intent for the urban footprint.
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MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
Sandpiper Hastings St, Noosa Heads
9. Noosa Planning Scheme Considerations
9.1 Land Use Definition
The proposed development has been defined under the Noosa Plan as;
Primary Use: Residential Uses
Use Class: Visitor accommodation - means accommodation that is designed and predominantly used for
visitors to the Shire and where social, recreational and dining services may be provided for visitors by owners
or staff. The term includes the following types:
Use: Type 4 Conventional - Two or more dwelling units or accommodation units, for the purpose of providing
short-term visitor accommodation. The use may include common recreation or dining facilities and includes an
ancillary dwelling unit for onsite manager. The use includes a guesthouse, visitor hostel, motel, resort and
serviced rooms, but does not include Visitor accommodation Type 1 Home hosted or Type 3 Rural as
separately defined.
Comment: The proposed use will be developed in accordance with the above definition.
9.2 Locality and Zone
The subject site is located in the Noosa Heads locality within the Visitor Mixed Use Zone of the Noosa Council.
The following extracts are taken from the Noosa Heads Locality Plan in Part 14 of the Noosa Plan and state the
relevant overall outcomes for the Noosa Heads Locality.
9.2.1 Division 14 – Overall Outcomes for the Noosa Heads Locality for the Visitor
Mixed Use Zone - development
i. comprises small business outlets with individual character;
ii. comprises residential development that includes a mixture of building sizes and are
designed for Visitor accommodation, are setback from the street and beach frontages
and have a landscaped character consistent with the street landscaping themes;
iii. contributes to a high level of residential amenity, design quality, landscape quality and
safety;
iv. respects the scale and character of the streetscape and surrounding development;
v. enhances the traditional focus for Visitor accommodation in the coastal part of Noosa;
vi. incorporates Entertainment and dining businesses, Retail businesses and Commercial
businesses that are of particular interest to visitors;
vii. contributes to the economy of Noosa through the tourism and hospitality sectors; and
viii. integrates with nearby public recreation and landscaped carparking areas.
15
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MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
Comment: The proposed design of the structure fits well within the desired setback distances
Sandpiper from the
Hastings streetHeads
St, Noosa
and beach frontages as depicted in (Appendix B). The quality of the design and materials complement the
existing visual appeal of the building which is targeting the higher end of the tourism market. The minor
increase in scale of the building is well within the maximum height and will have negligible impact on the
character of the streetscape and is consistent with the surrounding development.
9.3 Level of Assessment
In accordance with the Assessment Table for the Visitor Mixed Use Zone within the Noosa Heads Locality
the proposal is identified as a consistent use and subject to Code Assessment.
9.4 Applicable Development and Overlay Codes
The following Codes are applicable to the proposed development:
Noosa Heads Locality Code;
o Visitor Mixed Use Zone
Natural Hazards Overlay Code – Potential Acid Sulphate Soils Overlay
Comment: The proposed development is assessed against the relevant specific outcomes and probable
solutions for the Noosa Heads Locality and the Visitor Mixed Use Zone codes in the table below. The
development is exempt from the Natural Hazards Code as it does not trigger its provisions.
This code assessment has determined that the proposal generally complies with all probable solutions and
specific outcomes. Where probable solutions are not met, an alternative solution demonstrating compliance
with the specific outcome is provided, this includes sufficient planning grounds to justify the conflicts with
the probable solutions.
16
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MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
NOOSA HEADS LOCALITY CODE
Sandpiper Hastings St, Noosa Heads
DIVISION 15—Specific Outcomes and Probable Solutions for the Noosa Heads Locality
Table 9.9
Specific Outcomes Probable solutions Proposal
Outcomes
11.9 Effects of use
Amenity
O1 Uses are located, designed and operated to avoid No solution provided. Complies: The proposed
significant adverse changes to the light, air quality, roofed structure will help
noise, accessibility or other conditions enjoyed by users reduce the escape of light
of associated, adjoining or nearby uses. from the roof top terrace
and may result in a
marginal reduction of
noise emanating from the
use of the terrace, other
conditions will be
unchanged.
Major Road Network
O2 The visual amenity and character surrounding the No solution provided. Complies: The use is not on
major road network, including Sunshine Beach Road the major road network
(David Low Way), Eenie Creek Road, Noosa Drive and and will not generate any
Noosa Parade, is protected and enhances the entrances additional traffic to that
to Noosa Heads through—… which currently exists.
AND
O3 Development generates traffic demands that are
consistent with the future capacity of the road network.
Scenic Vistas
O4 Aesthetic and cultural values of the natural No solution provided Compiles: The proposed
landscape are maintained through protecting important roofed structure is within
scenic vistas— the permissible building
envelope, retaining
a) from the streets, beaches and other public spaces;
appropriate site lines from
b) to the ocean, river, coastal lowlands and the
both the beach and
vegetated backdrop of Noosa Hill;
Hastings St.
c) within Little Cove– vistas over Laguna Bay and to
the Noosa National Park and the vegetation stands, Refer Appendix B for photo
part of the hills and sand dunes; Montage of views from
d) within Cooloola and Weyba Park Estates– the Beach.
scenic view of Noosa National Park and Weyba Refer Appendix C for
Creek; and detailed survey work
e) within Noosa Sound– vistas across Noosa River. undertaken by Downes
Survey Group.
11.10 Built form
Density
O6 The density of development within the site area— No solution provided Complies: The proposed
development does not add
a) is compatible with surrounding development;
additional bedrooms to the
b) does not exceed— iv. Visitor Mixed Use Zone—a
site and therefore
maximum population density of 280 persons per
maintains current
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MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Specific Outcomes Probable solutions Proposal
Change to Development Approval
Outcomes
Sandpiper Hastings St, Noosa Heads
hectare; population density.
Height
Complies –
O7 Buildings and other structures— S7.1 Buildings and other
The proposal meets the
a) are low rise and have a visual bulk and an structures have a maximum
Probable Solution in terms
architectural scale consistent with structures on building height of—
of the height in metres,
adjoining or nearby land; a) for the Business however, technically
b) do not exceed a maximum height of— Centre Zone–12m; or roofing the approved
b) for the Visitor Mixed pergola constitutes the
ii For the Visitor Mixed Use Zone— Use Zone— addition of a 5th storey.
A. Northern side of Hastings Street— i. Northern side of Hastings It is argued that the
• within 7m of the Hastings St alignment – 2 Street— development would have
storeys; or negligible impact on the
• balance area of site – 4 storeys with a 3 storey a) within 7m of the
bulk and scale of the built
presentation to the beach; Hastings St alignment
form in Hastings St while
– 6m;
providing greater utility for
b) balance area of site –
the visitor occupying the
15m with a 12m
penthouse apartment.
presentation to the
beach
Refer Appendix C for
Survey plans which
demonstrate the height of
the roof structure
maintaining under the
probable solution of 15m
presenting to Hastings St.
Setbacks
O8 Buildings and other structures are appropriately S8.1Buildings and Complies – The addition of
designed and sited to— structures comply with the the roof onto the approved
a) provide amenity for users of the premises as well minimum building setbacks pergola does not intrude
as preserve the visual and acoustic privacy of identified in Schedule1- into setbacks. It also
adjoining and nearby properties; Minimum Boundary presents an opportunity to
b) provide adequate distance from adjoining uses; Setbacks. limit noise and light spill
c) preserve any existing vegetation that will buffer from terrace when being
the proposed building; used.
d) allow for landscaping to be provided between
buildings;
e) maintain the visual continuity and pattern of
buildings and landscape elements within the
street;
f) protect public safety and property within erosion
prone areas by ensuring such areas are
maintained largely free of development; and
g) help protect the natural character and visual
amenity of coastal areas and watercourses.
Site cover, gross floor area and plot ratio
O9 The site cover, gross floor area and plot ratio of No solution provided Complies: The addition of
buildings and other roofed structures— placing a roof and
a) results in a building scale that is compatible with protective louvres on an
surrounding development; approved structure adds
b) does not present an appearance of excessive bulk only a very marginal
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MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Specific Outcomes Probable solutions Proposal
Change to Development Approval
Outcomes
Sandpiper Hastings St, Noosa Heads
to adjacent properties, roads or other are as in increase in the building
the vicinity of the site; scale due to it being largely
concealed from the street,
beach and adjoining
development.
The overall resulting
development is similar to
that of those on either side
and of boutique
appearance compared to
the larger more monolithic
development on either side
of its neighbours.
O10 Site cover—
e) for the Visitor Mixed Use Zone does not exceed No solution provided
45% Complies: No additional
site cover is proposed.
O14 For the Visitor Mixed Use Zone, the maximum gross
floor area equals the allowable population in persons Complies: No additional
multiplied by 40m2, provided that the gross floor area does No solution provided GFA is proposed.
not exceed 13,600m2.
Roof form
O15 Roof forms— S15.1The main roof of the Complies: The proposed
a) contribute positively to the local skyline; building has a roof pitch no additional roof structure
b) complement the beachside character of the locality; less than 5 degrees and has complements the existing
c) use soft and articulated pitched or curved roof minimum 600 mm eaves to design using a skillion
forms; at least 75% of the design of matching that of
d) avoid low pitched (e.g.less than 5 degrees) or box perimeter of the building; the existing parapets. The
profiles/parapets; and existing approval has
AND
e) do not create opportunities for residents to overlook already deemed the design
the private open space areas of neighbouring S15.2Buildings and of the existing roof top
properties. structures do not include terrace to meet the specific
roof top terraces. outcome outside of the
probable solution provided
in S15.2.
9.25 Effects of Use
Character and Amenity
O49 Mixed-use development, incorporating Visitor S49.1 No development Complies: The
accommodation, is designed and operated to has a non-Residential Use development is likely to
ensure Business Uses and Community Uses do component of more than result in a marginal
not have any adverse impact on the amenity 20% of the gross floor increase in the visual and
area on the site; acoustic privacy of guests
enjoyed by residents and visitors, including
AND and neighbours while
impacts associated with— potentially reducing the
S49.2 No single Business amount of light escaping
Use has a use area in from the site.
a) visual and acoustic privacy;
excess of 300m2;
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SAN VER 090915
Page 20
MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Specific Outcomes Probable solutions Proposal
Change to Development Approval
Outcomes
Sandpiper Hastings St, Noosa Heads
AND
b) safety and security; and S49.3 Business deliveries
are undertaken only
c) lighting; between the hours of 6am
to 7pm;
AND
S49.4 Business Uses operate
only between the hours of
7am and 9pm with the
exception of Entertainment
and dining business, which
may operate until 2am..
9.26 Built Form
Streetscape & character
O56 Development— S56.1 Ground floor uses Complies: The proposed
a) respects and complements the existing have at least 50% design respects and
neighbourhood character; transparent glazing to complements the scale of
b) addresses the street and contributes positively to shopfronts to create the neighbouring
the streetscape; active street fronts. development and provides
c) incorporates attractive and contemporary designs; a pitched roof that will only
d) contributes positively to the skyline with pitched be glimpsed from a very
roofs; small length of public
e) provides variation and vitality in setback alignment; walkway along Hastings St
f) incorporates outdoor dining or landscaped areas; and the beach.
g) includes covered pedestrian entrances to premises;
h) varies in line and plane;
20
SAN VER 090915
Page 21
MCU to establish Industrial Business (Type 2 Production, alteration,
Change repackaging
to Development
and repairing)
Approval
Lot 11 Gateway
Sandpiper Hastings Drive, Noosaville
St, Noosa Heads
Change to Development Approval
10. Conclusions Sandpiper Hastings St, Noosa Heads
The application has been submitted to the Noosa Council as the assessment manager under the Sustainable
Planning Act 2009, and does not require referral to any other agency. This application seeks a change to an
existing approval dated 20 October 2011 wherein the roof top pergola structure was required to be of open
construction and comprise lightweight materials. The applicant seeks approval to provide a solid roof to the
roof terrace pergola to enhance the utility of the area.
The proposed development at Lot 5, 33 Hastings St is for a consistent use which is Code Assessable. This
planning reports demonstrate compliance with the applicable State and Local Planning instruments.
Section 8 of the Planning Report specifically addresses and provides assessment of the proposal and has
determined that the proposal generally complies and is consistent with all probable solutions and specific
outcomes. The report provides reasonable grounds for the relaxation of the specific outcome with respect to
the height of a building in storeys. Where probable solutions are not met, an alternative solution
demonstrating compliance with the specific outcome is provided, this includes sufficient planning grounds to
justify the conflicts with the probable solutions.
Detailed survey and architectural work undertaken demonstrates that the addition of Colourbond roofing to
the approved pergola is consistent with the specific outcomes of the Noosa Plan in that it,
presents a building height consistent with structures on adjoining and surrounding land;
does not change the existing height of the building within 7m of the Hastings St alignment nor the
presentation to the beach, which is below 12m from natural ground level;
maintains a maximum height across balance area of site below the permissible 15m;
results in a building scale that is compatible with surrounding development;
does not present an appearance of excessive bulk to adjacent properties, roads or other areas in the
vicinity of the site;
improves the roof form in a way that
o contributes positively to the local skyline;
o complements the character of the locality;
o uses soft and articulated, pitched, skillion or curved roof forms; and
o does not create opportunities for residents to overlook the private open space areas of
neighbouring properties; and
is designed in a manner so that there is unlikely to be any adverse impact on the amenity enjoyed by
residents and visitors, including impacts associated with—
o visual and acoustic privacy;
o safety and security; and
o lighting
Approval of proposed amendment of Condition 3 to amend wording to allow a solid roof over the approved
pergola in accordance with design drawings provided is therefore recommended.
21
SAN VER 090915
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