2021-09-07 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                7 SEPTEMBER 2021


     3.    The building must be setback a minimum of 6m from the front boundary to Ferguson
           Street except for the roofed terrace which may be setback 5 metres from the front
           boundary.
C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.   BACKGROUND
A development approval for Short term accommodation at 29 Ferguson Street, Sunshine Beach was
considered by Council and approved at the Ordinary Meeting on 15 July 2021.
The applicant suspended the appeal period and made representations on 29 July 2021 to the
development approval condition requiring a minimum front setback of 6m.
At the time the application was publicly notified 11 properly made submissions and 4 not properly
made submissions were received. The submitters were primarily concerned with car parking,
reduction in permanent residential dwelling availability, noise/amenity and design/layout.
2.   ASSESSMENT
An assessment the submitted representations is provided below:
Condition 3
The building including the roofed terrace must be setback a minimum of 6m from the front boundary
to Ferguson Street.
Applicant’s Representation
The roof line as proposed on the approved plans is an integral part of the overall design and the
requirement for the increased front setback effectively requires removal of the front eave which will
detrimentally affect the building form, function and appearance of the building.
The subject site has an area of 535m2 and narrow width of 15 metres which combined with required
setback requirements limits the areas of the site for development. The applicant in conjunction with
his designer carefully considered the area of the site, the adjoining residences and planning scheme
requirements to design a dwelling that would not impact on the surrounding area and provide high
levels of privacy for occupants. The design including setbacks were discussed with planning staff
who did not raise concerns with the proposal.
The site currently contains an existing dwelling located at the front of the site approximately 3.8
metres from the Ferguson Street boundary. The proposed dwelling provides a 6m setback to the
façade of the building with eaves from two sections of the pavilion style building extending into the
setback and providing a 4 metre setback to the street. The length of eaves of the two pavilions
presenting to the 15 metre Ferguson Street frontage is 5.4m and 5.2 m with substantial areas
available for landscaping. The proposed eaves are well beyond the setback of the existing dwelling
as detailed in Figure 1 below.




                                                                                     Page 92 of 143