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Statement to NSC · MCU20/0026

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Our Reference: 02706 L01 NG




1st April 2020




Chief Executive Officer
Noosa                                                                                        Council
PO Box 141
TEWANTIN QLD 4565


Confidential Email Transmission: [email protected]
Original in Post: No




Dear Sir/Madam

RE:LODGEMENT OF DEVELOPMENT APPLICATION AND REQUEST FOR SITING AND HEIGHT
VARIATION
Application for a Material Change of Use for a Detached House and Request for Siting and
Height Variations for Premises Located at 40 Park Crescent, Sunshine Beach and Described
as Lot 599 on RP48112

Martoo Consulting has been engaged by Sanya Holdings Pty Ltd, as applicants for the above
proposal, to seek Noosa Council approval for a Detached house in a Coastal Management District.
As part of the proposal, the applicant is also seeking a siting variation for the location of the new
dwelling at 40 Park Crescent and relaxation of height in storeys.

This letter details the proposal and provides an assessment of the development against the relevant
code provisions contained within the 2006 Noosa Plan.


1. THE SUBJECT SITE
The subject site is a rectangular shaped lot located on the eastern side of Park Crescent, Sunshine
Beach. The site slopes steeply down from the Park Road frontage to the rear boundary and
currently contains an existing three storey timber dwelling.




The site is bounded by to the north - east by a tennis court associated with a substantial dwelling
located in Webb Road, north west by two storey holiday units, and to the south by a recently
constructed three storey duplex dwelling. Three storey unit developments are located on the
western side of Park Crescent opposite the site. The map and aerial below illustrates the site
location and existing conditions.
Full text of the other 9 pages

Page 2

                                                                 Subject site




Figure 1 – Site location

Vehicular access to the site is from Park Crescent. The site is serviced by all essential urban infrastructure
including reticulated water supply, sewerage, underground telecommunications and overhead electricity
cables, stormwater drainage and a bitumen roadway.

The general character of the area is that of residential dwellings of differing building styles and unit
developments. The site enjoys direct views to Sunshine Beach.


2. THE DEVELOPMENT APPLICATION
This application seeks a Development Permit for a Material Change of Use for a Detached House.
The following details are considered relevant to the application:

                     The subject site is currently occupied by an existing three storey dwelling;
                     The applicant proposes to demolish the existing timber dwelling and construct a
                      new Detached House that steps down the site;
                     The proposed Detached House is to be excavated into the site;
                     The Detached House comprises four levels which are excavated and stepped down
                      the site;
                     Ground Floor - basement storage, guest bedroom and ensuite and pool house and
                      pool area;
                     Level 1 – bedrooms, laundry, family and gym;
                     Level 2 – kitchen and living and dining, outdoor deck, entrance lobby and garage;
                     Level 3 – main bedroom and office with outdoor deck.

Attachment A provides plans of the proposal prepared by Shaun Lockyer Architects.

The proposed dwelling has been designed to step down the site and minimize impacts on the
surrounding area.



3. COMPLIANCE WITH STATE PLANNING POLICIES
The site is mapped as being located in a Coastal Management District. In accordance with the
Sustainable Planning Regulations a Material Change of Use requires referral of the application to
the State where a building work is carried out completely or partly in coastal management district
that has a gross floor area of 1000m2.

                                                   Page 2

Page 3

The proposal has an overall gross floor area of less than 1000m2 and therefore does not trigger
referral.


4. ASSESSMENT
The Noosa Plan includes the site in the Eastern Beaches Locality and provides the site with an Attached
Housing zoning.




The assessment table for the Attached Housing zone indicates a Detached House is a consistent
use and is code assessable development if the proposal does not comply with Column 2 of Table
14.28 – 14.30 of the Detached House Code except if an alternative provision to the QDC.

The proposed dwelling has been assessed against the provisions of the Detached House code and
does not comply with the Acceptable solutions with regard to setbacks and building height in
storeys.


4.1 Detached House Code

Setbacks

The Detached House code indicates that dwellings are to have the following setbacks:

        Frontage:                6m
        Side boundaries:         1.5m up to 4.5m height
                                 2m between 4.5m -7.5m height
                                 2m plus 0.5 m for every 3m or part therefore above 7.5m height.
        Rear boundary:           3.0m setback up to 4.5m in height and 6.0m setback between 4.5m -
                                 8.0m height

The proposal does not fully comply with the front boundary setback requirements as a substantial awning
is proposed to extend to within 4.1 metres of the street frontage with the main façade of the dwelling
located at 6.0 metres. The proposed setback is consistent with the existing units to north-west and well
behind the approved setback of the duplex dwelling to the south which is located on the front boundary.

A review of the proposal against Specific Outcome O1 of the Code is detailed below:

      O1 Buildings and other structures are appropriately designed and sited to—
        a) provide amenity for users of the premises as well as preserve the visual and acoustic
        privacy of adjoining and nearby land uses;

          The applicant proposes to construct an awning across the front of the dwelling which
          intrudes into the 6.0 metre setback and provides a 4.5m setback. The main façade of the
          dwelling is located at 6.0 metres as has been designed taking into consideration the steep
          slope of the site. The awning is well setback from side boundaries and does not impact on
          the adjoining land uses. It is noted that the Park Crescent currently contains six dwellings
          and one duplex dwelling that have garages fully located in the front setback.


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Page 4

b) preserve any existing vegetation that will buffer the proposed building from adjoining
uses;

There is no significant vegetation located at the front of the site. The design provides areas
of landscaping to the street frontage as well as additional carparking and pedestrian areas.

c) allow for landscaping to be provided between buildings;

The building has been designed to provide areas of landscaping along the side
boundaries.

d) maintain the visual continuity and pattern of buildings and landscape elements within
the street;

The proposed dwelling is consistent with the existing pattern of development in the street
which has garages located along the front boundary as detailed in the photographs below.




28 Park Crescent                          30 Park Crescent




32 Park Crescent                          36 Park Crescent

e)for class 10a structures, do not visually dominate the street;

The proposed awning extends across the front of the dwelling with side setbacks ensuring
that the structure does not dominate the street.

f) avoid any significant adverse impacts on the natural values of waterways and their
foreshores, including those of the Noosa River and its lakes; and

Proposal consistent with dwellings located in the area.

g)do not interrupt the natural cycles of erosion and accretion of waterways and foreshore
areas

Dwelling design consistent with other dwellings in the area. Structures are located
clear of rear setback areas.



                                      Page 4

Page 5

Building Height

The assessment table for the Attached Housing zone of the Eastern Beaches Locality details that
the dwelling is required to be assessed against the provisions of the Detached House Code. The
Detached House Code details a maximum building height of 8 metres and two storeys for a
detached house however details a maximum building height of 12 metres and three storeys for
duplex or unit developments.

The applicant has chosen not to develop the site for a duplex and wishes to construct a single
dwelling on the site. Noting that the site could be used for a greater development in the form of a
duplex and that the site to the south and opposite the site contain unit developments of three
storeys, the applicant seeks to construct a detached house that is 3 storeys and 12 metres in
height.

It is noted that Council has previously approved a development application for a three storey, 12
metre dwelling on the adjoining site to the south (38 Park Crescent) under MCU15/0070.01 in 2016.

The proposal has been reviewed against the Specific Outcomes of the Detached House Code in
relation to height as detailed below:

      Height
      O8 Buildings and other structures—
      a) are low rise and present a building height consistent with structures on adjoining and
      surrounding land;

      The proposed dwelling is consistent with the scale and architectural styles of buildings in the
      surrounding areas which include 3 storey unit developments to the north and west as well as
      substantial dwellings to south.




      Surrounding development


      b) do not exceed a maximum height of—
                iii. For any other zone— 2 storeys;

      The proposed dwelling is predominantly 3 storeys in height with a below ground garden area.
      The overall height and presentation is consistent with unit development parameters which
      would be utilized if a duplex was to be constructed on the site as demonstrated by the
      elevations below.


                                               Page 5

Page 6

Proposed dwelling - southern elevation




Adjoining 3 storey Duplex Dwelling at 38 Park Crescent.



c) do not visually dominate the street, adjacent properties, surrounding spaces or the existing
skyline;

The proposed dwelling presents as a two storey building to the Park Crescent frontage and is
consistent with the form of development occurring within the area. The dwelling complies with
the development parameters that are applicable to unit developments of the attached housing
zone.

The building steps down the site and will not dominate the surrounding area.


                                                 Page 6

Page 7

       d) preserve the amenity of surrounding land, including existing sunlight to neighbouring
       properties; and

       The proposed dwelling steps down the site and has been designed to maximise ocean views
       on site whilst maintaining privacy for the occupants. Recessed side windows and timber
       screens have been utilized to minimize overlooking to and from adjoining properties with the
       focus of the building is eastward to the ocean.


       e) respect the scale of the dune and coastal vegetation.

       The proposed dwelling is consistent with the character of the area and provides an articulated
       building form that follows the slope of the site.


Site Cover

The Noosa Plan details a site cover of 35 % for development in the Attached Housing zone. The
proposed dwelling complies with site cover requirements proposing 34.9%.


Steep Slopes and Landslide hazard areas

A Geotechnical reports currently being prepared for the proposed dwelling.


Materials and Finishes – Eastern Beaches

The Detached House Code indicates materials and finishes where the building does not comply with
aspects of the Code.

       O14 Where development does not comply with the built form acceptable solutions S1.1-
        a) buildings and other structures use materials and finishes that complement the beachside
        character and integrate with the surrounding natural landscape and skyline vegetation; and
        b)views of building or structures from the beach are framed or filtered through vegetation

The applicant has provided plans that detail a colour palette and materials for the building.


4.2 Overlay Codes

The site is mapped as being located in a Coastal Protection Area. A review of the proposal against the
Natural Resources Overlay Code is detailed below:

 Specific Outcome               Probable Solution            Proposal                                         Complies
 13.49         Coastal
 Protection Area
 O18 The siting and design      S18.1 A mix of native        The proposal provides a landscaped setback of    
 of      development     and    landscaping,    such    as   5 metres to the seaward boundary that is to be
 materials used within the      ground covers, shrubs and    densely landscaped.
 Coastal Protection Area, as    trees, is provided for a
 identified on the Natural      width of 5m from the
 Resources Overlay Maps,        seaward or rear boundary
 do not cause any significant   of the site to provide
 adverse impacts on the         adequate         landscape
 coastal resources of the       buffering to protect the
 location nor interrupt the     coastal dune system.
 natural cycles of erosion
 and accretion of foreshore
 areas and beaches.

 And

 O19 Buildings, structures      S19.1A mix of native         Proposal able to comply.                         
 and works within the           landscaping,   such    as
 Coastal Protection Area that   ground covers, shrubs and
 are visible from the beach—    trees, is provided for a
                                                       Page 7

Page 8

a)are designed to protect         width of 5m from the
the     character   of    the     seaward or rear boundary
beachfront when viewed            of the site to provide
from the water and integrate      adequate          landscape
with the surrounding natural      buffering to protect the
landscape      and    skyline     character of the beachfront.
vegetation and
b)are finished predominately
in colours and hues of the
surrounding           natural
landscape.

AND

O20 Buildings and other           S20.1No solution provided      Not applicable - No Coastal Building Line           
structures           including
swimming       pools       and
retaining walls do not
extend seaward of the
coastal      building      line
except—
a)uncovered                and
unenclosed        cantilevered
balconies that do not extend
greater than 3m seaward of
the coastal building line; and
b)are setback a minimum of
6m from the seaward
boundary AND


O21 Where a coastal               S21.1No solution provided      No Coastal Building Line on site. Swimming pool     
building line does not exist                                     located within the 6 metres setback however is
on properties fronting the                                       consistent with surrounding development. It is
beachfront or a reserve                                          noted that the recently constructed duplex to the
adjoining the beachfront–                                        south was approved with a pool located at 3m
buildings, other structures                                      off the rear boundary.
and retaining walls are
setback a minimum of 6m
from the seaward boundary
of the site AND




O22 Rear fences adjacent          S22.1Rear fences adjacent      Proposal able to comply with requirements.          
to the beachfront within the      to the beachfront within the
Coastal Protection Area are       Coastal Protection Area
designed and sited to be          incorporate the following—
sympathetic with the visual       a)no more than 1.2m in
amenity of the beachfront         height; and
and do not degrade the            b)open construction(ie at
natural beachfront character      least 50% transparent);
                                   c)lightweight materials (ie
                                  timber); and
                                  d)dark colours to blend with
                                  the natural landscape. AND

                                  S20.2Gates       are    not    Applicant will utilise existing public pathway to
                                  installed in fences to gain    access the beachfront.
                                  direct access to the
                                  beachfront




                                                           Page 8

Page 9

5. CONCLUSION
The development proposal is considered to be consistent with the character of the area with the dwelling
stepping down the site and incorporating modern design elements.

This application can be supported on a number of grounds as previously detailed. These grounds include:
                 The proposed dwelling respects the topography of the site by stepping down the
                   steep slope;
                 The dwelling presents as a two storey building to Park Crescent;
                 The proposed dwelling is consistent with the character of the area which includes
                   large dwellings to the south and unit developments to the north and west;
                 The contemporary design utilizes recessed windows and screens to minimize
                   overlooking to adjoining properties;
                 The dwelling has been located to provide good landscape setbacks along the side
                   boundary;
                 The proposed garage location is consistent with the character of the street and
                   provides an area for landscaping to the Park Crescent frontage; and
                 The proposed form of the design is consistent the scale of development that has
                   occurred in the surrounding area.

The Assessment Manager’s favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.



Yours sincerely




Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.




                                                 Page 9

Page 10

Attached separately
___________________________________________________________________________________

Attachment A– Proposal Plans




                                      Page 10

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