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PLANNING REPORT other change Olaf

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Development Application
    Planning Report


  Other Change to 23138 DA
     for a Dwelling house
40 Duke Street, Sunshine Beach
      Lot 2 on SP176872




                                 Page 1 of 11
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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 ................................................................................................................5
3.0      Proposed development details .......................................................................................... 6
4.0      Planning assessment .......................................................................................................... 9
  4.1       Other Change Assessment ..........................................................................................................9
  4.2       Development Approval ..............................................................................................................9
  4.3       Planning Scheme ........................................................................................................................9
5.0      State assessment and other matters ................................................................................ 10
  5.1    State interests .......................................................................................................................... 10
    5.1.1 Matters established in the Planning Regulation ............................................................................ 10
    5.1.2 State Planning Policy ...................................................................................................................... 10
6.0      Conclusion ....................................................................................................................... 11




Client Name: Raymond Olaff
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:             1
Date:                16 November 2021




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 11

Page 3

1.0 Summary

1.1 Development application details
 Proposed development:        Existing Caretaker’ residence to be changed to a Dwelling
                              house
 Type of approval sought:     Other Change to Existing Approval 23138 DA
 Site address:                40 Duke Street, Sunshine Beach
 Real property description:   Lot 2 on SP176872
 Site area:                   486m² (whole site)
 Assessment manager:          Noosa Council
 Owner details:               Louise Bushby
 Applicant details:           Raymond Olaff c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:       State Planning Policy 2017
 Regional plan:               SEQ Regional Plan 2009–2031 Urban footprint designation.
 Designation:
 Planning scheme:             The Noosa Plan 2020
 Zone:                        Tourist Accommodation zone
 Level of assessment:         Accepted development subject to requirement
                              Code assessment
 Applicable overlays:         Not Applicable
 Applicable codes:            Specific Acceptable Outcomes of the Tourist Accommodation
                              Zone Code and the Low Density Housing Code




1.3 Referral agencies

Nil




                                                                                 Page 3 of 11

Page 4

2.0 Site details

2.1 Site description
Table 1: Site description

 Site                                                            Description
 characteristic

 Existing land use             Mixed use development consisting of shops, Food and drink outlet and
                               Caretaker’s residence.

 Frontage and                  Approximately 15m to both Douglas Lane and Duke Street
 access

 Topography and                The site slopes significantly from Douglas Lane to Duke Street, however, t
 views                         site is fully developed, and this is not relevant to the application as only minor
                               building works is proposed.

 Existing Approval             23138 DA (23746 DA for a change to the 4 x shops/restaurant/office on the
                               lower level)




Figure 1 – Aerial view of the subject site




                                                                                                    Page 4 of 11

Page 5

Figure 2 - Zone map showing the subject in green


2.2 Surrounding land uses
Table 2: Surrounding land uses

 Surrounding land uses

   North       The site has frontage to Douglas Lane which is the back of house to many Food and
               Drink outlets, Shop/Offices and across Douglas Lane are Multiple dwellings and
               Dual occupancy’s.

   South       A wide footpath exists and across Duke Street to Multiple dwellings and diagonally
               to Ed Webb Park.

    East       Mixed use developments generally consisting of upper floor residential and lower
               floor commercial uses

   West        Mixed use developments generally consisting of upper floor residential and lower
               floor commercial uses




                                                                                          Page 5 of 11

Page 6

3.0 Proposed development details

Table 3: Summary of development aspects

 OTHER CHANGE

 Background                             23138 DA approved 16 October 2003 - Shop, Commercial
                                        Services and Caretaker’s residence.
                                        23746 DA – approved restaurant and shops in the different
                                        tenancies. This was a result of the planning scheme at the
                                        time requiring code assessment for changes from shops
                                        to restaurants in the Commercial A zone.
                                        A combined application approved a change to 23138 DA
                                        (original DA) for changes to the tenancy layout and a new
                                        material change of use, 23746 DA so that these tenancies
                                        could have alternate uses in them.
                                        The Officers report for MCU approval 23746 DA and the
                                        change to 23138 DA indicated a reduction of the gross
                                        floor area of the development by 5m².


 Gross floor area (GFA)                 Max - 0.8:1 (388.8m²) Schedule to the Planning Scheme
                                        and Noosa Plan 2020
                                        Existing - 0.789:1 (383.8m²)
                                        Proposed – 0.793:1 (385.8m²)

 Car parking                            14 spaces


The application proposes to change the existing approved Caretakers residence into a Dwelling
house as the new owner will not be caretaking any of the non-residential uses onsite. Some minor
changes to the Dwelling house are also proposed which results in an additional 2m² of GFA. Only
minor external changes to the built form are proposed, with a copy of the approved floor plans and
elevations included below:




                                                                                        Page 6 of 11

Page 7

Figure 3 - Proposal floor plan of changes for the Dwelling house (additions highlighted)




                                                                                           Page 7 of 11

Page 8

Figure 4 – Current photos of the unit with the area to be enclosed highlighted




                                                                                 Page 8 of 11


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Figure 4 — Current photos of the unit with the area to be enclosed highlighted

Page 8 of 11

Page 9

4.0 Planning assessment

4.1 Other Change Assessment
A Change other than a minor change under the Planning Act 2016, allows for a change that may
result in a substantially different development. Section 82(4) of the Planning Act 2016 prescribes the
matters for assessing the deciding the change application in the context of the existing development
approval.
The Development assessment Rules provides guidance on a substantially different development.
The application is a substantially different development because it proposes to introduce a new use
onsite.

4.2 Development Approval
The proposal fully complies with the development approval. There are only minor built form changes
to the proposed Dwelling house which results in an increase of 2m² of gross floor area or a plot ratio
of 0.793:1 (385.8m2) for the whole development. This is in accordance with the planning scheme in
force at the time of the original approval and the current Noosa Plan 2020 which both require a
maximum Plot ratio of 0.8:1.
The minor change to the external built form is inconsequential and as a small wall is proposed to be
extended to accommodate a larger bathroom. The definition of Caretaker’s residence in the
superseded planning scheme sought it could be in the form of a Dwelling house as provided below
for reference.




In this instance, the proposed change to the residential premises is to ensure the residential use is
compliant with the development approval and the Planning Scheme. The proposal is similar in nature
to that already approved being a permanent residential use.

4.3 Planning Scheme
A Dwelling house is a consistent use in the Tourist accommodation zone and subject to ‘Acceptable
development subject to requirements’ as outlined in Table 5.5.4. The Table sets out the required
Acceptable Outcomes of the Tourist Accommodation Code and the Low Density housing Code for
the development to meet so as not to trigger a code assessment application.
When a development, such as the subject proposal, cannot meet the Acceptable Development
provisions, Section 5.3.3 (4)(b) indicates that assessment is limited to the subject matters required
by the Acceptable Outcomes that were not complied with or not capable of being complied with.
The following Table provides a list of the Acceptable Outcomes not complied with and assessment
against the Performance Outcome.

 Tourist Accommodation Zone Code

 AO11 – Site Cover for Dwelling house – 40%         The proposal seeks a small roof to an existing
                                                    pergola which will not be readily noticed from
                                                    either Douglas Lane or Duke Street, as pergola
                                                    structures already exists, and the development
                                                    is well hidden.
                                                    Noting the new small, roofed area solely does
                                                    not result in the Dwelling house exceeding the
                                                    40% AO.
                                                                                          Page 9 of 11

Page 10

                                                   Importantly the built form is part of a mixed use
                                                   development which the zone code requires a
                                                   Site Cover of 45% of which the proposal
                                                   complies with.
                                                   There will be no impact on the bulk and scale of
                                                   the development as there is only a small
                                                   extension to an existing wall proposed.

 AO13.1 – Setback 1m from side boundary            The proposal seeks a setback of 0m to the
                                                   eastern boundary. The wall is articulated, as it
                                                   opens to a store area and the central court and
                                                   swimming pool. The proposal does not create
                                                   any overlooking or further overshading of the
                                                   neighbouring development.

 Low Density Housing Zone

 AO6 – Soft landscaping is provided to a The whole development site has 10%
 minimum of 20% of the site.             landscaping     in    accordance     with    the
                                         development approval requirement. There is no
                                         change to the built form that warrants providing
                                         additional landscaping.

 AO7 – carparking is provided in accordance        The Caretakers residence under the existing
 with Table 9.4.1.4 of the Driveway and parking    approval complied with the provision of 1 car
 code which requires Dwelling houses to have 2     space. NO additional bedrooms are proposed
 spaces.                                           and therefore the potential total number of
                                                   persons on site also does not increase.
                                                   Therefore, there is no change in the generation
                                                   of car parking required.
                                                   The nature of the use is not changing, a
                                                   Caretakers residence is a permanent
                                                   accommodation use as is a Dwelling house.
                                                   The 1 car space has been sufficient for the use
                                                   since 2004 and given the nature of the use this
                                                   is sufficient for the proposed change of use to a
                                                   Dwelling house.



5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil – Outside the Koala Assessable Development Area.

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 not affected by the provisions.


                                                                                         Page 10 of 11

Page 11

6.0 Conclusion
This application seeks an Other Change to the development approval to change the approved
Caretakers residence use to a Dwelling house at 2/40 Duke Street, Sunshine Beach. The proposed
Dwelling house is a consistent use in the Tourist Accommodation Zone and is ‘Accepted
Development subject to requirement’. This report has demonstrated the proposal complies with the
development approval and the Noosa Plan 2020.
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 the Development Approval, all the relevant
Performance Outcomes of the applicable codes. The Assessment Manager’s favourable
consideration of the above development application is therefore recommended.




                                                                                                                    Page 11 of 11

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