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planning report MCU19-0016

of 14
          Development Application
              Planning Report


    Material Change of Use for a Detached House
(Natural Resources Overlay - Coastal Protection Area)
  situated at 54 Seaview Terrace, Sunshine Beach
                  (Lot 63/RP81810)




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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 ............................................................................................................. 6
3.0      Proposed development details ......................................................................................... 9
4.0      Planning assessment ...................................................................................................... 10
  4.1    Key issues ............................................................................................................................. 10
    4.2.1 Detached House Compliance ......................................................................................................... 10
    4.2.2 Coastal Protection Overlay ............................................................................................................. 11
5.0      State assessment and other matters .............................................................................. 13
  5.1    State interests ....................................................................................................................... 13
    5.1.1 Matters established in the Planning Regulation ............................................................................ 13
    5.1.2 State Planning Policy ...................................................................................................................... 13
6.0      Conclusion .................................................................................................................... 13


Client Name:         Brett Mason
Prepared by:         Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:             1
Date:                11 February 2019



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.




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Page 3

1.0 Summary

1.1 Development application details
  Proposed development:             Detached House within the Natural Resources Overlay
                                    (Coastal Protection Area)
  Type of approval sought:          Development Permit for Material Change of Use
  Site address:                     54 Seaview Terrace, Sunshine Beach
  Real property description:        63/RP81810
  Site area:                        589m2
  Assessment manager:               Noosa Council
  Owner details:                    Brett Mason
  Applicant details:                Brett Mason c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:             Nil
 Regional plan:                     SEQ Regional Plan 2009–2031 (version commenced 2 May
 Designation:                       2014), urban footprint designation.
 Planning scheme:                   The Noosa Plan
 Zone:                              Detached Housing zone
 Level of assessment:               Code
 Applicable overlays:               Natural Hazards (Coastal Protection Area)
 Applicable codes:                  Detached House Code
                                    Natural Hazards (Coastal Protection Area)


1.3 Referral agencies
There are no applicable referral agencies as part of the Material Change of Use application as the
works are <1,000m2 in area.

However, a State referral is triggered for Building Works on premises partly seaward of a coastal
building line under the Coastal Act (Planning Regulation 2017 - 9.3.1.1.1). An application was lodged
with the Department on the 18 December 2019.

On the 6 February 2018, the Department (DSDMIP) issued an approval for the development under
Version 2.4 of the State Development Assessment Provisions (SDAP) which commenced 16
November 2018 – State Code 8 Coastal development and tidal works.

The reasons for the approval are:
   • To ensure the development is carried out generally in accordance with the plans of
       development submitted with the application.
   • To ensure the development avoids or minimises adverse impacts on coastal resources and
       their values.
   • To ensure any disturbance to acid sulfate soils is managed to prevent impacts to coastal
       environments.
A copy of the approved Site Plan is included below for reference.



                                                                                          Page 3 of 14

Page 4

Figure 1: State Referral Approval


2.0 Site details
2.1 Site description
Table 1: Site description
 Site                                                   Description
 characteristic

 Existing land use     Detached House constructed to the rear coastal property boundary.

 Frontage and          The site includes 15m of road frontage to Seaview Terrace and is a rectangular
 access                shaped block with 15.4m of frontage to the Sunshine Beach coastal reserve to
                       the east.
                       The existing driveway is approximately 12m wide along the Seaview Terrace
                       frontage.

 Topography and        The site slopes away from the Seaview Terrace frontage (28m AHD) to the rear
 views                 of the property (21m AHD).

 Existing vegetation   There is no significant mature vegetation across the frontage or within the site
                       worthy of retention. The site is proposed to be extensively revegetated with
                       deep plantings along the coastal setback and the frontage.




                                                                                          Page 4 of 14

Page 5

Aerial Photo with coastal building line overlay   Coastal Management District Mapping




Topographic Map

Figure 2: Aerial view and site identification
Source: Council and DA Mapping Systems




                                                                                        Page 5 of 14

Page 6

Figure 3: Coastal Protection Overlay Mapping
Source: Noosa Council Mapping System



2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

   North     56 Seaview Tce – Approved 17 May 2016 for a new detached house forward of the
             Coastal Building Line (MCU15/0096).




                                                                                   Page 6 of 14

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  South    52 Seaview Tce – Approved 6 January 2016 for additions to an existing building
           forward of the Coastal Building Line (131998.982104.1)




           Approval Plan                          Existing shade sail
           50 Seaview Tce - Approved 14 Feb 2017 for a new detached house forward of the
           Coastal Building Line (MCU13/0247.03)




           Source: www.chriscloutdesign.com.au


   East    Coastal Reserve

  West     Seaview Tce with detached houses on the western side of the road.




Figure 3: Site Photo of the existing building from the Seaview Tce frontage.
                                                                                     Page 7 of 14

Page 8

Figure 4: Site Photo of the existing building from Sunshine Beach.




Figure 5: Picture from walkway looking southwest (52 Seaview adjoining)




                                                                          Page 8 of 14

Page 9

Figure 6: Picture from walkway looking northwest (56 Seaview adjoining)

3.0 Proposed development details
Table 3: Summary of development aspects
 Material change of use

 Building height                    7.9m

 Site coverage                      Lower Ground Level – 28%
                                    Ground Level – 37%
                                    First Level – 12%
                                    Overall = 38%

 Car parking                        Double garage

 Site access                        New residential driveway to Seaview Tce with the existing
                                    9m wide driveway reduced to only 4m wide.

 Proposed servicing arrangements    Existing water, telecommunications       and    electrical
                                    servicing from Seaview Tce.
                                    New sewer and stormwater drainage connections will be
                                    provided at building approval stage with existing
                                    infrastructure within Seaview Tce. Any detention tanks
                                    and pipes will be provided underground to ensure
                                    stormwater impacts are non worsening in nature and
                                    sewer pump complies with Unitywater standards.




Figure 4: Proposed development render

                                                                                   Page 9 of 14

Page 10

4.0 Planning assessment
4.1       Key issues
4.2.1 Detached House Compliance
The proposed development meets all the Accepted Outcomes of the Detached House Code in
regards to setbacks, height, site cover and soft landscaping requirements as demonstrated in the
table below.

 Parameter      Requirement                    Proposal                             Compliance

 Setbacks       Front - 6m                     Front – 6m                                Y
                Rear – 1.5m up to 4.5m in      Rear – 3m to walkway                      Y
                height, and 2m between
                4.5m and 7.5m in height
                (adjoins reserve)
                Side – 1.5m up to 4.5m in      Side (north) – 2.5m                       Y
                height, and 2m between         Side (south) – 2.5m                       Y
                4.5m and 7.5m in height

 Height         8m                             7.9m relative to NGL                      Y
                2 Storeys                      2 storeys (stepped design with            Y
                                               any section of the building with 2
                                               storeys - no more than 1m out of
                                               the ground)

 Site Cover     40% all levels                 Lower Ground Level – 28%                  Y
                                               Ground Level – 37%
                                               First Level – 12%

 Landscaping 20% soft landscaping              55% (324m2)                               Y

 Materials      Appropriate colours that       Vertical timber battens with              Y
 and Finishes   blend in to the natural        horizontal screening battens,
                environment                    glass balustrading,solar array on
                                               vaulted roof form with eaves.
                                               Roof and colours to match in with
                                               surrounding buildings.

 Roof Form      5 degrees and 75% eaves        > 5 degree vaulted roof with              Y
                                               eaves surrounding the building
                                               for 76%




                                                                                     Page 10 of 14

Page 11

4.2.2 Coastal Protection Overlay
The Overall Outcomes of the Natural Resources Overlay seeks for development within the Coastal
Protection Area to not adversely impact upon natural coastal processes and shall be designed to
protect the visual amenity enjoyed by users and others. The following table demonstrates the
compliance against the relevant Probable Solutions and Specific Outcomes of the Overlay Code.
 Specific Outcome                     Probable Solution                 Assessment
 O18 The siting and design of         S18.1 A mix of native             Complies - The landscaping plan provided by Conlon Group
 development and materials used       landscaping, such as ground       includes a mix of native landscaping along the rear
 within the Coastal Protection        covers, shrubs and trees, is      property boundary to protect the coastal dune system.
 Area, as identified on the Natural   provided for a width of 5m
 Resources Overlay Maps, do not       from the seaward or rear
 cause any significant adverse        boundary of the site to provide
 impacts on the coastal resources     adequate landscape buffering
 of the location nor interrupt the    to protect the coastal dune
 natural cycles of erosion and        system.
 accretion of foreshore areas and
 beaches.
 O19 Buildings, structures and        S19.1 A mix of native             Complies - The building design includes a vaulted roof
 works within the Coastal             landscaping, such as ground       similar to award winning ‘Gabriel Poole’ designs in the
 Protection Area that are visible     covers, shrubs and trees, is      Sunshine Beach area, as shown below.
 from the beach-                      provided for a width of 5m
 a. are designed to protect the       from the seaward or rear
      character of the beachfront     boundary of the site to provide
      when viewed from the water      adequate landscape buffering
                                                                        The landscaping design complements the building and
      and integrate with the          to protect the character of the
                                                                        includes a mix of species and tree heights along the rear
      surrounding           natural   beachfront.                       6m providing an adequate landscape buffering to protect
      landscape      and    skyline
                                                                        the character of the beach front.
      vegetation (see Figure 13.6);                                     The vegetation within the rear 6m of the site includes
      and
                                                                        coastal species inspired by the nearby National Park
 b. are finished predominately
                                                                        containing a strong native palette including the highs of the
      in colours and hues of the
                                                                        dry wallum woodland and lows of the wet paper bark
      surrounding           natural
                                                                        woodland and sedgeland to the seacaost environs. The
      landscape.
                                                                        species include the Pink Bloodwood (Corymbia
                                                                        intermedia), Broad Leaf Paper Bark (Melaluca
                                                                        quinquenervia), Wallum Banksia (Banksia Aemula), Swamp
                                                                        Sheoak (Casuarina glauca), Coastal Banksia (Banksia
                                                                        integrifolia) and Screw Pine (Pandanus tectorius).
                                                                        To ensure compliance with the relevant Outcomes, it is
                                                                        recommended a condition be included for the site to be
                                                                        densely planted with a mixture of native shrubs and
                                                                        appropriate coastal trees in accordance Council’s Planning
                                                                        Scheme Policy PSP3 Landscaping Plants and Guidelines for
                                                                        the Coastal Areas. The landscaping shall include
                                                                        appropriate planting densities to ensure a suitable
                                                                        vegetated buffer can be established that will require
                                                                        minimal ongoing maintenance.

 O20     Buildings     and   other                                      Alternative Solution -         The proposal is for a
 structures including swimming                                          redevelopment of an existing permanent building which is
 pools and retaining walls do not                                       setback further than the existing building.
 extend seaward of the coastal                                          Considering the coastal building line is setback 15m from
 building line except-                                                  the coastal boundary and Council seeks a 6m front setback
 a. Uncovered and unenclosed                                            the resultant building envelope is substantially
      cantilevered balconies that                                       compromised to only 195m2 on the 591m2 site (33%), as
      do not extend greater than                                        highlighted in the outline below.
      3m seaward of the coastal
      building line; and
 b. Are setback a minimum of
      6m from the seaward
      boundary (see figure 13.7).




                                                                                                                      Page 11 of 14

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                                                                  It is also noted that there are several recent building
                                                                  approvals either side of the site, which have been
                                                                  approved by the State as complying with this provision
                                                                  (which are the same under previous versions of the SDAP
                                                                  (2.0)).
                                                                  -    50 Seaview    Tce   –   PC16/1058   (Building   Approval
                                                                       08/09/2016)
                                                                  -    52 Seaview    Tce   –   PC17/0537   (Building   Approval
                                                                       31/05/2017)
                                                                  -    56 Seaview    Tce   –   PC17/0797   (Building   Approval
                                                                       17/07/2017)

                                                                  The proposal is setback on an alignment consistent with
                                                                  the recent adjoining building approvals at 52 and 56
                                                                  Seaview Terrace. This is an enhanced built form outcome
                                                                  than what is existing and the 6m landscaped setback
                                                                  accommodates risks associated with coastal erosion.

                                                                  The State Referral Agency has also assessed the design
                                                                  against the SDAP State Codes (outlined below) and
                                                                  considers the design to comply with the relevant
                                                                  outcomes.




                                                                  It is also noted there have been no changes to the provision
                                                                  since these approvals (as noted below).




                                                                  The proposal meets the purpose statements of the State
                                                                  Development codes pertaining to development subject to
                                                                  coastal building lines code, which seeks to ensure
                                                                  development is designed and located to protect buildings
                                                                  from impacts of coastal erosion, maintain coastal
                                                                  processes, conserve coastal resources, and account for
                                                                  projected impacts of climate change.

                                                                  The setback is consistent with Council’s recent approvals
                                                                  on adjoining lots and not adversely impact upon natural
                                                                  coastal processes. The design includes appropriate
                                                                  setbacks and landscaping to protect the visual amenity
                                                                  enjoyed by users and others consistent with the Overall
                                                                  Outcomes of the Natural Resources Overlay Code.

O21 Where a coastal building line   S21.1 No solution provided.   Not Applicable – A Coastal Building Line exists along
does not exist on properties                                      Seaview Terrace. The main building is setback more than
fronting the beachfront or a                                      6m from the rear boundary with a counter levered deck
reserve adjoining the beachfront                                  setback 3m from the boundary resulting in a less obtrusive
– buildings, other structures and                                 development than what is existing on the site.

                                                                                                               Page 12 of 14

Page 13

 retaining walls are setback a
 minimum of 6m from the
 seaward boundary of the site.
 O22 Rear fences adjacent to the    S22.1 Rear fences adjacent to      Complies – No fencing to the rear seaward property
 beachfront within the Coastal      the beachfront within the          boundary is proposed, to be sympathetic to the visual
 Protection Area are designed and   Coastal     Protection     Area    amenity and existing native vegetation of the Sunshine
 sited to be sympathetic with the   incorporate the following-         Beach dune and enhances the natural beachfront
 visual amenity of the beachfront        a. No more than 1.2m          character.
 and do not degrade the natural               in height; and
 beachfront character.                   b. Open construction;
                                         c. lightweight materials
                                              (timber);
                                         d. dark colours to blend
                                              with the natural
                                              environment.
                                    S22.2 Gates are not installed in
                                    fences to gain direct access to
                                    the beachfront.



5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

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 following assessment benchmarks are
applicable and have been appropriately considered in preparing this development application:

 State interest                     Assessment against assessment benchmark
 Coastal Environment                The relevant State Interest seeks for the coastal environment to be
                                    protected and enhanced, while supporting opportunities for coastal-
                                    dependent development, compatible urban form along the state’s coastal
                                    land. The site is within the urban footprint and the State referral
                                    assessment considers the development to meet the relevant provisions
                                    to protect the coastal environment.

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for a Detached House
(affected by a relevant Overlay – Coastal Protection Area) within the Detached House zone at 54
Seaview Terrace, Sunshine Beach (Lot 63/RP81810). The proposal is code assessable
development under The Noosa Plan. The assessment finds the development meets the relevant
Specific and Overall Outcomes of the Noosa Plan subject to the following grounds of approval:

      •   The high-quality building and landscaping design enhances the coastal character of the area
          which is sympathetic and does not detrimentally impact the locality;

      •   The State Referral Agency (DSDMIP) has assessed the relevant setback against the relevant
          State Development Assessment Codes and issued approval for the development under
          Version 2.4 of the State Development Assessment Provisions (SDAP) which commenced 16
          November 2018 – State Code 8 Coastal development and tidal works – and considers the
                                                                                                               Page 13 of 14

Page 14

       development avoids or minimises adverse impacts on coastal resources, erosion prone risks
       and their values.

   •   The development provides appropriate building setbacks consistent with recently approved
       adjoining developments and does not adversely impact upon natural coastal processes; and

   •   The design is sympathetic to the coastal environment protects the visual amenity enjoyed by
       users and others.

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




                                                                                        Page 14 of 14

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