Planning Report 12612 DA · 131998.981050.1

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FEES PAID: $900
1. SITE/PROPOSAL

The subject site is situated on the north eastern side of Elanda Street to the north of Ferguson
Street, at Sunshine Beach. The site is relatively long and narrow with a width of just 15
metres. Neighbouring lots on both sides contain two storey dwelling houses although other
duplexes and units are scattered along Elanda Street.

The site contains a substantial amount of vegetation with a slight gully traversing the lot. The
site slopes downwards from the rear but then rises again to the road reserve.

The applicants propose to use the site for a two storey duplex consisting of 3 bedrooms each.
The duplex will be constructed on split levels such that the rear half of the building is raised
above the front portion of the building in accordance with the natural slope of the land. The
lowest floor being at the front portion of the each unit only, consists of a large rumpus room
with a patio and pool. The middle floor will contain living and dining rooms and kitchens as
well as the secondary bedrooms. The upper most floor, being at the rear of the duplex only,
will contain the master bedrooms and ensuites. Elevations and floor plans attached illustrate
this arrangement.

Each of the two units will include a single carport with two visitor carparking spaces at the
front of the site. A single driveway will service both units.

2. PUBLIC NOTIFICATION

A Notice of Compliance was lodged on 5 August 1998 stating that public notification of the
application in accordance with the Integrated Planning Act had been completed. During this
notification period no submissions were received.

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3. ASSESSMENT

Assessment of this proposal in relation to the duplex requirements of the Planning Scheme
can best be summarised in the following table.

 

Criteria Proposal Planning Scheme
Site area 774 m? 500 m? min
Population density 6.6 persons 6.6 persons max
Plot ratio 0.43:1 0.45:1 max
Gross floor area 339 m? 348.3 m? max
Site cover 40 % (309 m2) 40% max
Landscaped open space 312 m? 264 m? min
Length of wall 9.5 metres 15 metres desirable max
Boundary setbacks
e Frontage 17.5 metres 6 metres min
e Side 1.5 metres 1.5 metres min
e Side 2 metres 2 metres min
e Rear 6 metres min

To external walls 6 metres

To deck 3.6 metres

To pergola 2.5 metres

Building height

e in storeys 2 storeys 2 storeys max
e in metres 8 metres 8 metres max
Carparking 2 covered 2 covered

2 uncovered | uncovered

 

As can be seen from the table the proposal generally meets most of the requirements of the
Planning Scheme. The obvious exception being rear boundary setbacks.

At the rear of the duplex the lower floor and upper floor external walls are setback at least 6
metres. The decks however encroach into the 6 metre building setback. At the lower level the
deck is between 3.6 & 4.5 metres from the rear boundary. On the upper level the deck is
between 4.6 & 5.5 metres from the rear boundary. A light pergola extends a further 2 metres
from the edge of this deck. This pergola would be rooved with a clear polocarbonite sheeting
giving weather protection to the deck below.

The intent of the 6 metre rear boundary setback is to create areas of open space between
buildings. Council may modify this requirement having regard to the existing development in
the area, the local amenity, the physical characteristics of the site and the features of the
proposal.

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In this case the lot is quite narrow and accordingly the architect has had to design a relatively
long and narrow building, adding angle variation to prevent monotony of line.

The building is setback over 17 metres from the front boundary. The front portion of the site
is the lowest part, below the level of the road. For drainage purposes, the duplex could not be
moved much further forward on the site. This setback combined with the provision of
landscaping including the pool in the front of the site should present an attractive view to the
road.

Obviously the applicant also wants to make the most of ocean views gained from the higher
land at the rear of the lot.

The applicant states they intend to retain existing trees at the rear of the lot and allow some to
grow through the deck and eventually the pergola. In practice I am not convinced this will be
achieved and don’t know if the trees would prosper in such an arrangement.

As the setback encroachment is created by the decks and pergola only there would appear to
be scope for a setback modification. Setback distances of 4 to 4.5 metres have been allowed in
relation to decks in other duplex cases. The proposal shows the lower deck set back an
average of 4 metres. With minor alteration a minimum setback of 4m and a minimum average
setback of 4.5 metres could be achieved for the lower deck and this is considered more
appropriate.

In relation to the upper deck, the projection of the deck is decreased and it is already set back
an average of about 5 metres.

Given there will be a privacy wall separating the two units the views of neighbours may
potentially be affected. However no submissions were received on this application while it
was in the notification period, indicating neighbours did not object to the design.

The duplex has an interesting design and will be finished with shadow clad and render
construction to external walls with customorb roof sheeting. The design of the building on
different levels may increase the perceived height but serves to separate the building into a
front and rear portion adding variation. At no point does the building exceed two storeys nor
8 metres from the ground level. The use of pitched rooves decks, screening and integrated
carports instead of bulky garages creates an interesting appearance quite suitable to the
Sunshine Beach location.

Ample landscaping has been provided, with particular attention to the frontage of the site.
The plans show a gravel driveway, however this as well as the carparking spaces would need
to be sealed to meet Engineering requirements. All cars will be able to leave the site in a
forward gear. The Council’s sewer exist within the road reserve at the front of the site,
however the Engineering Department believe this will not be a problem to the crossover as
proposed.

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RECOMMENDATION

With regard to 12612 DA (SG Biggs & JB Investments Pty Ltd) for a Material Change of Use
for a Duplex Dwelling at 25 Elanda Street Sunshine Beach, described as Lot 189 on RP 48113
Parish of Weyba, Council:-

A. Approve the application subject to the following conditions:-
Building

1 Construction work and other associated activities are permitted only during the
hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on
public holidays, except where extended hours are approved by the Building
Surveyor.

Health

2 The developer must provide an imperviously paved area upon which to stand all
refuse and recycling containers together with a suitable enclosure, if required, to
enclose the refuse container area to the satisfaction of the Environmental Health
Officer.

3 Any flat or unit intended to be let out for fee or reward is to be licensed annually
with Council’s Health Department in accordance with the provisions of Chapter
43 of Council’s By-Laws prior to such letting.

4 The swimming pool shall be licensed annually with the Council’s Health
Department in accordance with the provisions of Chapter 42 of Council’s Local-
Laws.

5 Swimming pool or spa pumps are to be located in a manner which prevents

noise disturbance beyond the subject land.
Engineering

6 Provision of at least three off-street car parking spaces, comprising two covered
spaces and one uncovered space, and access thereto which are to be provided
with a sealed pavement and designed, drained, constructed and maintained in
accordance with the Planning Scheme, Australian Standard 2890.1 1993 edition,
Council's Policies and to Council’s Engineering Design Standards.

7 Roof and surface water is to be collected on site and is to be discharged through
a single underground drain line into existing drainage in Elanda Street to
Council’s Engineering Design Standards. A Development Permit for Building
Works shall not be granted until the Shire Engineer has approved of the drainage
scheme.

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The developer shall bear the cost of alteration of any public utility or other
facilities necessitated by the development of the land or associated construction
works external to the site.

The developer shall connect to Council's existing water supply and sewerage
reticulation systems at the developer's expense to the standards and requirements
of Council's Shire Engineer.

The developer shall provide metered water connections from the water supply
system to the proposed development, in accordance with Council's standards and
to the satisfaction of the Shire Engineer.

The developer is to construct a vehicle crossover in accordance with Council’s
Engineering Design Standards and in addition is to construct a 1.2 metre wide
concrete footpath for the full frontage of the site. In this regard, plans prepared
by a registered civil engineer are to be submitted to and approved by Council
prior to the issue of a Development Permit for Building Works.

The developer shall pay contributions in accordance with Council's Policy on
Water Supply Headworks Contributions and Sewerage Headworks
Contributions. An estimate only of the charges as at December 1997 under the
current policy is as follows:-

Water Supply $3,411
Sewerage $2,521

TOTAL: $5,932

Please note that the headworks charges will alter in accordance with Price Index
variations or if any amendment is made to Council's policy.

Headworks contributions shall be calculated and paid in accordance with either
of the following alternatives:-

12.1 Payment to be made prior to the issue of a Development Permit for
building works in the amount calculated under the Policy at that date; or

12.2 Payment may be deferred to a date:-

12.2.1 prior to Council sealing plans of the development for titling
purposes;

12.2.2 prior to the issue of a Certificate of Classification for any building
works; or

12.2.3 prior to commencement of the approved use at the relevant
premises;

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whichever is the sooner. Payment of deferred headworks contributions shall also
be subject to the following requirements:-

12.2.4 Payment of a bonding fee in the amount of $150 and submission
of a trading bank guarantee to the value of headworks assessed at
the time of submission, plus 20%, prior to the issue of a
Development Permit for building works;

12.2.5 Headworks shall be calculated as the value of headworks assessed
at the ordinarily due time of payment, plus interest charged at the
rate set by the Queensland Treasury Corporation for Local
Government borrowings as they apply to Noosa Shire. The
interest rate used shall be the rate current at the "time prescribed"
above;

12.2.6 Should the contributions not be paid at the due time, Council
shall call upon the security lodged; and

12.2.7 in the case of a Development Permit for building works, if a
permit expires the securities will be returned.

13 The developers shall be responsible for the control of erosion and sediment
export from the site.

Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary. The developer shall be required
to submit an erosion and sediment control plan. This plan is to be approved by
the Development Engineer, prior to the issue of a Development Permit for
Building Works.

14 The developer shall pay a contribution to Council in accordance with Council's
Policy on Beach Access Contributions, prior to the issue of a Development
Permit for building works. Such payment shall be in accordance with the
contribution rate adopted by Council and current at the time of payment. An
estimate only of the contribution at the date of this decision is $130.

Town Planning

15 Development undertaken in accordance with this approval must generally
comply with the approved plans of development. The approved plans are
numbered 9801TPO1 to 03 prepared by ACArch and dated April 1998 and as
may be amended by these conditions.

16 Modification of the rear building setback for the upper level deck is approved as
shown on the proposal plan. Modification to the rear setback in relation to the
lower level (middle floor) including the outer projection of the separating wall
and privacy screens is approved to a minimum setback of 4 metres with a
minimum average setback of 4.5 metres.

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The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.

The open space and setback areas are to be landscaped in accordance with
Council’s Policy on Landscaping Guidelines and a properly prepared landscape
plan. Such landscaping is to be completed prior to the premises being occupied
and maintained at all times thereafter to the reasonable satisfaction of the
Manager of Planning.

Any fencing provided in conjunction with the development is to be setback an
average of two (2) metres to any road frontage pursuant to clause 36 (6) (c) of
the Schedule to the Planning Scheme.

Existing trees on the site and within road reserves are to be retained, except
where required to be removed due to building operations or the conduct of the
approved use. The landscape plans referred to above are to denote areas of
existing vegetation or existing trees proposed to be retained.

The developer must submit security in the form of a cash bond or trading bank
guarantee to the sum of $2000 to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for building works. The
cash bond or trading bank guarantee will be returned on performance of the
conditions of approval.

The requirements of this development approval are to be effected, prior to the
use of the premises. Council reserves the right to call upon the bond or
guaranteed sum referred to in this approval to effect compliance with conditions.

This Development Permit for a material change of use of premises lapses if:-

23.1 the use or erection of a building or other structure associated with the
use, has not been commenced within four (4) years of the date of issue of
the Development Permit, unless application is made and approved by
Council for an extension; or

23.2 the use of any premises pursuant to the Development Permit ceases.

Prior to the commencement of development, the developer must obtain the
following Development Permits:-

24.1 Development Permit for building works;
24.2 Development Permit for plumbing and drainage works;

24.3 Development Permit for operational works of landscaping, carparking
and access;

B. Grant a Development Permit for Material Change of Use for the application.

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Departments Consulted:

 

 

 

Administration v | Engineering ¥ | Building

 

 

 

Finance ¥ | Town Planning v | Health

 

 

 

 

 

 

 

 

 

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