Delegated Report - Code - Planning MCU20 0142

Author	Tara Norley, Development Planner
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0142
Applicant	Integral Constructions Pty Ltd
Proposal	Material Change of Use - Dwelling house
Properly Made Date	27 November 2020
Information Request Date	21 December 2020
Information Response Date	25 January 2021
Decision Due Date	9 March 2021
Report Completed Date	9 March 2021
Report Reviewed By	Lisa Pienaar – 9 March 2021

PROPERTY DETAILS
Property Address	64 Lorikeet Drive, Peregian Beach Qld 4573
RP Description	Lot 913 on P93121
Land Area	513.0m²
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low density residential
Precinct	Not Applicable
Local Plan Area	Coastal Communities
Overlays	Acid Sulfate Soils Bushfire Hazard (Potential Impact Buffer) Coastal Protection Landslide Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house.
The existing house on site is to be demolished, with the applicant seeking approval for a new 4 bedroom, two storey dwelling, including one bedroom and ensuite and a living/dining/kitchen on the ground floor, and three bedrooms, one ensuite, one bathroom and a living on the first floor. The proposal also includes a two car garage and a ground floor swimming pool.
The application triggers assessment due to being within the Coastal Protection overlay, and is seeking approval for non-compliance with height, site cover and boundary setbacks under Noosa Plan 2020.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan

Figure 3 – Floor Plan (Ground Floor and First Floor)

Figure 4 – Elevations (west, north, east, south)
site details
Site Description
The site is a rectangular lot, with a slight slope from the road frontage to the rear of the property. The site contains an existing dwelling (to be demolished) and mature vegetation around the front and southern boundary.
Surrounding Land Uses
The site is surrounded by single dwelling houses, and backs onto Peregian Beach.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Coastal Communities Plan Code;
Low Density Housing Code;
Works Codes; and
Coastal Protection and Scenic Amenity Overlay Code.
The subject site is located in Peregian Beach and is zoned Low Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	2 storeys 8.3 metres	X
Site cover	50% / 30%	41.3% / 33.3%	X
Gross floor area	500m² max	278m²	
Boundary setbacks Ground Floor Frontage Side (north) Side (south) Rear	6 metres min 1.5 metres min 1.5 metres min 6 metres min	6 metres 0 metres (garage- QDC compliant) 1.5 (dwelling) 0 metres (pool) 1.5 (dwelling) 6 metres	X
First Floor Frontage Side (north) Side (south) Rear	6 metres min 2.5 metres min 2.5 metres min 6 metres min	6 metres 2.0 metres 2.0 metres 6 metres	X X
Roof Form Pitch Eaves	N/A N/A	N/A N/A	N/A N/A
Landscaped open space	102.4m² min	To be conditioned	
Carparking	2 covered min	2 covered	
Low Density Residential Zone Code
Building Height
Acceptable Outcome AO7.1 of the Low Density Residential Zone Code states ‘buildings and structures are no more than 8 metres  in building height and do not exceed 2 storeys’.
Section Plans provided on 26 February 2021 indicate that the building height is up to 8.3m above natural ground level (refer to Figure 5). This portion of the building is located on up to (approximately) 1.1m of fill. Given the level of fill proposed, it is considered that the maximum building height can be achieved by reducing the level of fill on the site. As such can be conditioned to comply with a maximum building height of 8m.

Figure 5: Building height
Site Cover
Acceptable Outcome AO8.1 of the Low Density Residential Zone Code states
Site cover of all buildings and structures on site does not exceed:
(b) 	for a building of 2 storeys –
(i)	50% for one of the storeys; and
(ii)	30% for the other storey; or
The proposal plan includes a site cover of approximately 41.3% on the Ground Floor and 33.3% on the First Floor. It is noted that the block, at 512m2 and with a rear setback of 6m minimum, significantly constrains the developable size of the lower level of the dwelling. As a result, the lower level is proposed to be substantially below the allowable 50% site cover. As such, the proposal is considered to comply with Performance Outcome PO8 of the Low Density Residential Zone Code, as the development is considered to be of a scale compatible with surrounding development and the particular circumstances of the site, designing the lower level to comply with the setback requirements of the Coastal Protection Overlay. In addition, the development will not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site, given the design of the dwelling being consistent with development in proximity, and the topography of the area, which results in dwellings on the western side of Lorikeet Drive being located upslope of the dwelling. Therefore, the non-compliance with the upper level site cover is considered acceptable.
Setbacks
Side Setback
Acceptable Outcome AO9.3 of the Low Density Residential Zone Code states:
Buildings and structures meet the following minimum setbacks to boundaries other than road frontages and rear boundaries:
1.5 metre setback up to 4.5 metres height;
2 metres setback between 4.5 metres and 7.5 metres height; and
2.5 metres if above 7.5 metres height.
The proposal includes a pool over 1m above ground level (refer to Figures 6 - 7), fencing in excess of 2m in height along the side boundaries (refer to Figures 9 - 10) and portions of the First Floor over 7.5m in height setback 2m instead of 2.5m as required (refer to Figures 11 - 12).
It is noted an elevated deck has been located along the boundary, however the deck is not in excess of 1m above ground level and as such does not trigger assessment. In addition, the proposed boundary fencing is of a sufficient height to mitigate any impacts of an elevated deck located on the boundary.

Pool within the side setback
The pool within the side setback is up to 1.8m above ground level, with 0.3m wide pool edging located along the northern boundary. It is considered that the edging will not be utilised as a walkway due to the narrowness of the tiling, and as such, there is limited opportunity for overlooking into the neighbouring property by residents. It is noted that the site is constrained due to the setback requirements of the Coastal Protection Overlay, which restricts buildings and structure locating within 6m from the rear boundary.
The location of the pool is considered to comply with Performance Outcome PO9 as the development will provide a high level of amenity to the users of the subject site, by providing outdoor recreation space. In addition, the pool within the setback will not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises, due to the design and orientation of the pool, as well as the design and orientation of the adjoining dwelling to the north (refer to Figure 8), which includes privacy screening along the outdoor ground level deck area. Fencing is also proposed along the boundary, to be discussed below. As such, the location of the pool on the side boundary is considered acceptable.

Figures 6 & 7: Pool over 1m above ground level within side setback

Figure 8: Adjoining property to the north (rear elevation)
Fencing over 2m in height on boundary
The fencing proposed along the property boundary varies in height, up to a maximum of 2.8m on the northern boundary and 2.4m on the southern boundary.

Figure 9: Portion of fence over 2m above ground level on northern side boundary

Figure 10: Portion of fence over 2m above ground level on southern side boundary
The northern boundary fence in excess of 2m in height is considered to comply with Performance Outcome PO9 as the fence will provide visual and acoustic privacy and will not reduce access to sunlight to the adjoining property. In addition, the fence is sited to not unreasonably obstruct views and will not cause overlooking of private open space or habitable areas of adjoining premises.
The southern encroachment is in proximity to the garage on the adjoining property to the south (refer to Figure 13), and as such will not result in any adverse impacts in terms of reduced privacy or access to sunlight. As such, the reduced setback is considered acceptable.

First Floor boundary encroachment

Figure 11: Portions of Dwelling >7.5m in height and setback 2m from side boundary
The northern boundary encroachment on the First Floor relates to the north eastern most portion of the elevation (refer to Figure 11) being setback 2.0m from the boundary, in lieu of 2.5m as required, for a width of 5m. This portion of the dwelling also includes screening along the elevation, setback 1.5m from the northern boundary.
The reduced setback to the dwelling is considered to comply with Performance Outcome PO9 as the building is designed and sited to not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises, due to the screening on the Living 2 elevation and design of the adjoining dwelling. The dwelling setback also provides adequate distance from adjoining land uses, with Bedroom 3 of the adjoining property to the north also being setback 2m to the upper level and containing only one small window along the southern elevation of the dwelling (refer to Figure 8 and 12).

Figure 12: Adjoining dwelling to the north - First Floor Plan – Bedroom 3 is setback approximately 2m from the common boundary
The southern boundary encroachment on the First Floor relates to the south western most portion of the elevation (refer to Figure 11) setback 2.0m from the boundary, in lieu of 2.5m as required, for a width of 6m. The encroachment is in proximity to the garage on the adjoining property to the south (refer to Figure 13), and as such will not result in any adverse impacts in terms of reduced privacy or access to sunlight. As such, the reduced setback is considered acceptable.

Figure 13: Adjoining dwelling to the south
Coastal protection and scenic amenity Overlay Code
The site is affected by the Coastal Protection and Scenic Amenity Overlay. The Coastal Protection Overlay provisions include a 5m wide landscaped area from the rear boundary to protect the dune system and the character of the beachfront, to be planted out with a mix of native plant species.
The subject site is located approximately 100m from the toe of the frontal dune, and is separated from the beachfront by significant vegetation. Additionally, only the rear undeveloped approximately 1.3m of the site is mapped as Erosion Prone Area modelling to the year 2100. Therefore, the proposal will not adversely impact upon natural coastal process and will not impact on visual amenity from the beach. The proposed setback is sufficient to provide landscaping to the rear boundary, and will be conditioned accordingly.

Figure X: Erosion Prone Area
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer, Development Assessment
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU20/0142 for a Material Change of Use - Dwelling house situated at 64 Lorikeet Dr Peregian Beach and described as Lot 913 on P93121, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0142
Street address:	64 Lorikeet Drive, Peregian Beach Qld 4573
Real property description:	Lot 913 on P93121
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for a Material Change of Use - Dwelling house
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Planning
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
SD100	D	Site Plan, prepared by Robinson Architects	14/01/2021
SD101	D	Ground Floor Plan, prepared by Robinson Architects	14/01/2021
SD103	D	First Floor Plan, prepared by Robinson Architects	14/01/2021
SD106	D	Roof Plan, prepared by Robinson Architects	14/01/2021
SD201	D	Elevations, prepared by Robinson Architects	14/01/2021
SD202	D	Elevations, prepared by Robinson Architects	14/01/2021
SD203	D	Boundary Elevations, prepared by Robinson Architects	14/01/2021
SD401	D	Building Sections, prepared by Robinson Architects	14/01/2021
SD402	D	Building Sections, prepared by Robinson Architects	14/01/2021
SD403	C	Building Sections, prepared by Robinson Architects	25/02/2021
4187/002	O	Contour & Detail Servey, prepared by Terramap	11/05/2016
Building Height
The maximum height of the development must not exceed 8 metres above the ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 9 March 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000.00 must be submitted to Council, 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 less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Boundary Fencing
The maximum height of boundary fencing on the road frontage must not exceed 2.0 metres above the ground level and must allow for casual surveillance from the property to the street.
Side boundary fencing must be generally in accordance with the approved plans, with the maximum height not exceeding 2.8 metres above ground level on the northern boundary and 2.4m above ground level on the southern boundary.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
A mix of native landscaping, such as ground covers, shrubs and trees, is provided for a width of 5 metres from the rear boundary of the site. Vegetation must be planted in accordance with Council’s Planning Scheme Policy PSP2 – Landscaping for Coastal Beachfront Areas.
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling. In this regard, the removal of vegetation must not extend beyond 3 metres of the building footprint
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Any rear fencing must incorporate the following design elements:
a maximum height of 1.2 metres;
open construction (ie at least 50% transparent);
lightweight materials (eg. timber); and
dark colours to blend with the natural landscape.
There is to be no direct access or beach access points constructed from the site. No gates are permitted to be installed within any rear fencing.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Lorikeet Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular, a driveway crossover generally in accordance with standard drawings RS-049 and RS-050.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be:
undertaken generally in accordance with plan “Site Specific Stormwater Management Plan”, No. A6601/21/P01, Rev C, dated 22/01/2021, prepared by Alta Engineering; and
certified prior to the commencement of the use, confirming that it is suitable for its intended use and will not cause any offsite impacts.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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