Negotiated Report (Representations made) MCU21 0170

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Graduate Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0170
Development Approval	Development Permit for Material Change of Use of Premises (Dual Occupancy)
Applicant	Cooper and Small Pty Ltd
Representations Received On	8 March 2022
Number of Submissions for Original Application	NA

PROPERTY DETAILS
Property Address	183 Weyba Rd Noosaville Qld 4566
RP Description	Lot 8 RP 113358
Land Area	607m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footrpint
Locality	Noosaville
Zone	Medium Density Residential
Overlays	Land Subject to Acid Sulfate Soils Overlay 5 metres AHD or Below Flood Hazard Overlay
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Material Change of Use of Premises (Dual Occupancy) was issued on 21 February 2022
The applicant suspended the appeal period and made representations on 8 March 2022 to the development approval conditions. The representations are detailed below but primarily relate to front fence height and the setback between the pool and rear boundary.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 13
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
Not exceed a maximum height of 1.2m
Be of open construction
Applicant’s Representation
In accordance with AO17.3 of the Medium Density Residential zone code, solid front fences and walls may be 1.8 metres in height if the property has frontage to an arterial road or a distributor road. Weyba Road is classified as a distributor road, hence the proposed fence height and finishes are considered acceptable.
Gates are transparent to allow for casual surveillance of the street and public areas, whilst providing security to residents. A landscape strip ranging from 1m-1.2m is provided in front of the fence to soften the built form.
As such, we request that Condition is amended as follows:
13. Any street fencing must be setback an average of 1 metre from the front property boundary. Any fencing on the front boundary must either: a. not exceed a maximum height of 1.2m 1.8m.
Assessment of Representation
As per the applicant’s representation, the subject site is located on a distributor road. The proposal must therefore comply with Acceptable Outcome AO17.3 of the Medium Density Residential Zone Code and not Acceptable Outcome AO17.2 which refers to a maximum fence height of 1.2 metres.
Council agrees with the applicant’s representation to amended Condition 13 to read as follows:
13. Any street fencing must be setback an average of 1 metre from the front property and must not exceed a maximum height of 1.8 metres.

Condition 16 (f) and (g)
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan and in particular the Noosa Plan - PSP2 – Landscaping Planning Scheme Policy for that specific area and must include in particular:
f. All pools must be situated to allow for soft dense landscaping between the pool and fence for the length of the rear boundary.
g. A minimum one metre wide garden to the southern boundary fence must be densely landscaped. Screening plant species are to be planted at a maximum of 1.5m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.
Applicant’s Representation
Queensland Development Code MP1.3 states:
“…Swimming pools may be within the boundary clearances nominated in A2 (a) and (b) where –
a solid wall or fence, constructed to prevent water entry onto adjoining lots, at least 1.8 high above finished ground level, is erected between the swimming pool and the boundary of the lot; and
the top of the wall or fence is at least 1.0m above the top of the coping of the pool…”
Drawing A.05.01 (TP4) Building Sections Plan prepared by Hive Architecture confirms that the proposal can achieve a 1.8m high solid wall to prevent water entry onto adjoining lots, and the top of the fence is at least 1m above the top of the coping of the pool. Refer to Figure 1 below.

As such, we request that Condition 16 is amended as follows:
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan and in particular the Noosa Plan - PSP2 – Landscaping Planning Scheme Policy for that specific area and must include in particular:
a. a minimum one (1) metre wide landscaping strip between the fence and the front property boundary along the Weyba road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items;
b. a minimum 800mm wide landscaped garden to be located on the inside of the front boundary fence, exclusive of the access driveway, generally uncompromised by infrastructure items;
c. The front boundary landscaping outside and inside of the fence must be densely planted with understorey and taller species to screen the fencing and building from the street with plants selected to grow to a minimum mature height of 1.5m and be planted at maximum 1.5m centres;
d. The front boundary landscaping must include at least two feature trees with a 45 litre pot size minimum.
e. A minimum one metre wide garden to the eastern and western boundary fences must be densely landscaped. Screening plant species must be planted at a maximum of 1.5m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.
f. All pools must be situated to allow for soft dense landscaping between the pool and fence for the length of the rear boundary.
g. A minimum one metre wide garden to the southern boundary fence must be densely landscaped. Screening plant species are to be planted at a maximum of 1.5m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.
h. f. Provision of 1 x 45 litre pot size street tree within the road reserve for every 8 metres of road frontage.
i. g. Provide a planting plan and plant schedule including species and pot size that meets the PSP2 – Landscaping Policy in particular plant species that are Noosa Native Preferred and meet the local character of the area.
j. h. A minimum 0.6 metre wide garden to the eastern and western boundary fence must be densely landscaped. Screening plant species are to be planted at a maximum of 1.5m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.
Assessment of Representation
Acceptable Outcome AO12.1 (c) requires that buildings and structures are setback a minimum of 6 metres from the rear property boundary. The proposed pool and associated decks are located a minimum of 0.8 metres above the natural ground level and are defined as a structure. In order to comply with the Performance Outcome PO12, Council conditioned a 1 metre setback which will preserve the amenity of users of the adjoining premises to the rear and enable landscaping on the boundary.
Notwithstanding, a Unity Water Sewerage Gravity Main (21202) is located approximately 3.5 metres from the rear boundary. As the existing Sewerage Gravity Main restricts the siting of the pool, a setback of 0.5 metres from the pool to the rear boundary is considered acceptable. It is further noted that the Senior Environmental Officer advises screening vegetation in the form of Syzygium australe can be planted on the rear property boundary and will provide sufficient screening.
Council agrees to amend Condition 16 as follows:
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan and in particular the Noosa Plan - PSP2 – Landscaping Planning Scheme Policy for that specific area and must include in particular:
a minimum one (1) metre wide landscaping strip between the fence and the front property boundary along the Weyba road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items;
a minimum 800mm wide landscaped garden to be located on the inside of the front boundary fence, exclusive of the access driveway, generally uncompromised by infrastructure items;
The front boundary landscaping outside and inside of the fence must be densely planted with understorey and taller species to screen the fencing and building from the street with plants selected to grow to a minimum mature height of 1.5m and be planted at maximum 1.5m centres;
The front boundary landscaping must include at least two feature trees with a 45 litre pot size minimum.
A minimum one metre wide garden to the eastern and western boundary fences must be densely landscaped. Screening plant species must be planted at a maximum of 1.5m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.
All pools must be situated to allow for soft dense landscaping between the pool and fence for the length of the rear boundary.
A minimum 0.5 metre wide garden to the southern boundary fence must be densely landscaped with Syzygium australe. The Syzygium australe are to be planted at a minimum of 1m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.
Provision of 1 x 45 litre pot size street tree within the road reserve for every 8 metres of road frontage.
Provide a planting plan and plant schedule including species and pot size that meets the PSP2 – Landscaping Policy in particular plant species that are Noosa Native Preferred and meet the local character of the area.
A minimum 0.6 metre wide garden to the eastern and western boundary fence must be densely landscaped. Screening plant species are to be planted at a maximum of 1.5m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.

conclusion & reasons for decision
The representations relate to an error for Condition 13, whilst Condition 16 is amended to enable the siting of a pool with consideration to the Unity Water Sewerage Gravity Main which is located 3.5 metres from the property boundary. The Senior Environmental Officer confirms that landscaping can still be provided with a 0.5 metre setback which will ensure there adverse impacts on the amenity of the adjoining property.
RECOMMENDATION
With regard to Application No. MCU21/0170, and the representations made, Council on 28 March 2022 decided to:
A.	Agree to amend conditions 13 and 16 to read as follows:
Any street fencing must be setback an average of 1 metre from the front property and must not exceed a maximum height of 1.8 metres.
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan and in particular the Noosa Plan - PSP2 – Landscaping Planning Scheme Policy for that specific area and must include in particular:
a minimum one (1) metre wide landscaping strip between the fence and the front property boundary along the Weyba road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items;
a minimum 800mm wide landscaped garden to be located on the inside of the front boundary fence, exclusive of the access driveway, generally uncompromised by infrastructure items;
The front boundary landscaping outside and inside of the fence must be densely planted with understorey and taller species to screen the fencing and building from the street with plants selected to grow to a minimum mature height of 1.5m and be planted at maximum 1.5m centres;
The front boundary landscaping must include at least two feature trees with a 45 litre pot size minimum.
A minimum one metre wide garden to the eastern and western boundary fences must be densely landscaped. Screening plant species must be planted at a maximum of 1.5m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.
All pools must be situated to allow for soft dense landscaping between the pool and fence for the length of the rear boundary.
A minimum 0.5 metre wide garden to the southern boundary fence must be densely landscaped with Syzygium australe. The Syzygium australe are to be planted at a minimum of 1m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.
Provision of 1 x 45 litre pot size street tree within the road reserve for every 8 metres of road frontage.
Provide a planting plan and plant schedule including species and pot size that meets the PSP2 – Landscaping Policy in particular plant species that are Noosa Native Preferred and meet the local character of the area.
A minimum 0.6 metre wide garden to the eastern and western boundary fence must be densely landscaped. Screening plant species are to be planted at a maximum of 1.5m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.
B.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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