Delegated Reportl MCU13/0247.02

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

ApplicationNo:	MCU13/0247.02
	
Author:	Glen Conforti – Development Planner
	
Project Director:	Glen Conforti – Development Planner
	

SUMMARY:

APPLICATION DETAILS
Application Number:	MCU13/0247.02  MCU13/0247MCU13/0247.01
Applicant:	Bell-Allen Holdings Pty Ltd
Request Received Date:	25/10/2016
Original Approval Type:	Material Change of Use
Number of Submissions for Original Application:	2

PROPERTY DETAILS
Property Address:	56 Seaview Tce SUNSHINE BEACH  QLD  4567
RP Description:	Lot 64 RP 81810
Land Area:	569.9sqm
Existing Use of Land:	Dwelling to be demolished

STATUTORY DETAILS
Planning Scheme:	The Noosa Plan (28 October 2016)
Strategic Plan Designation:	Urban Footprint
Planning Locality:	Eastern Beaches Detached Housing
Planning Zone:	
Assessment Type:	Change to Approval

PROPOSAL:

The application seeks to change the existing approval and to extend the relevant period for 2 years to 20 January 2020. The dwelling incorporates changes to the layout including the relocation of the pool to the upper level, extension of the deck seaward, a roof terrace and to move the garage to the southern boundary (from the northern boundary).
[Note: state the specific IDAS components of the application (eg. a Development Permit for Material Change of Use (Office)).

BACKGROUND:Note: Provide brief discussion of the original approval and any subsequent approvals that have been issued in relation to the development (eg. OPW, other permissible changes.

A Development Permit for a Material Change of Use for a Detached House was issued on 20 January 2014.
A Change to the existing approval was approved on 1 June 2015.Note: insert very brief summary of submitter issues.
Note: Provide discussion of known background information leading to the lodgement of the current application (if any), and any site history of general interest and context to the application

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’. The applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:

Change to the existing approval

Garage

The garage is proposed to be moved from the northern boundary to the southern boundary. The location is adjacent to the neighbouring garage, is setback 6m and raises no concern. Some street vegetation is proposed to be removed for the new driveway location. The applicant has identified the vegetation as introduced species, except for a Eucalyptus summer red, a native hybrid. The vegetation does not have any ecological value and has limited streetscape appeal. Its removal raises no concern when an additional condition is included to ensure an appropriate street tree and grassed verge is provided.

Seaward setback

The proposed building setback does not encroach further seaward to that approved, but the pool is proposed at first floor level rather than at ground level (approved), meaning the first floor pool and deck setback the same as previously approved for the pool on the ground level. The proposal, while extending the first floor slightly seaward maintains the approved building setback and complies with an imaginary line drawn of the average setback between the adjoining properties. To ensure privacy screening can be provided to the southern deck area.

Roof terrace.

The code seeks that roof terraces do not create opportunities for residents to overlook the private open space of neighbouring properties.

The proposed roof terrace is centrally located with a roof garden providing separation to the perimeter of the building and to the neighbouring properties. It is unlikely the roof terrace would create any overlooking issues being centrally located and the neighbouring building would block direct views to the neighbouring open space. However, an additional condition is included to provide screening devices or reduce the size of the roof terrace should any unforeseeable overlooking arise.

Clothes drying deck

The applicant requests that Conditions 18 and 19 are deleted. The Conditions relate to the clothes drying deck which has been removed and the conditions are therefore unnecessary.

Extension to relevant period
The proposal complies with the current planning scheme and there have been no changes to the planning scheme that would effect the proposal’s assessment. The request to extend the relevant period for 2 years to 20 January 2020 raises no concern.

As a result of the request Conditions 2, 16, 17 are required to be changed.

RECOMMENDATION

APPROVE the request to change a development approval and extend the relevant period, Application No. MCU13/0247.02, situated at 56 Seaview Tce SUNSHINE BEACH QLD 4567, in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to

A.	Agree to extend the relevant period to 20 January 2020.

B.	Agree to change Conditions 2, 16 and 17 to read as follows:

2.	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 Name	Date
A-01	30	Proposed Ground Floor, prepared by Harry Poulos Architects	21.9.16
A-02	29	Proposed 1st Floor Street Entry Level, prepared by Harry Poulos Architects	26.9.16
A-03	22	Proposed 1st Floor Plan, prepared by Harry Poulos Architects	26.9.16
A-04	12	Proposed Roof & Site Plan, prepared by Harry Poulos Architects	29.9.16
A-05	14	Proposed Front Elevation, prepared by Harry Poulos Architects	8.9.16
A-06	16	Proposed RHS (South) Elevation, prepared by Harry Poulos Architects	23.9.16
A-07	16	Proposed Rear (East) Elevation, prepared by Harry Poulos Architects	23.9.16
A-08	17	Proposed LHS (North) Elevation, prepared by Harry Poulos Architects	22.11.16
A-10	25	Section A-A, prepared by Harry Poulos Architects	23.9.16
A-11	28	Section B-B, prepared by Harry Poulos Architects	23.9.16
A-13	12	Proposed Section D, prepared by Harry Poulos Architects	12.9.16
A – 30	04	Proposed Site Plan, prepared by Harry Poulos Architects	21.11.16

16.	The roof must not extend seaward of a line drawn between the closest roof corner of the adjoining properties to the north and south as indicated on the approved plan A-02 revision 29.

17.	The privacy screens located on the 1 first floor seaward deck must be provided in accordance with approved plan A-02 revision 29.

C. 	Agree to delete Conditions 18 and 19.

D.	Include additional Conditions 21, 22 and 23 to read as follows:

ADDITIONAL CONDITIONS 14 FEBRUARY 2017

Roof Terrace

21.	The roof terrace must be unroofed and must not be enclosed.

22.	The roof terrace must not create overlooking opportunities of the neighbouring properties open space areas or direct view into habitable windows/doors. In this regard, to ensure privacy is protected, if required, fixed screening devices must be positioned (to the north and/or south sides of the roof terrace) and/or the roof terrace reduced in size to obscure direct views into the habitable room windows/doors or to the private open space areas of the adjoining properties. Any screening devices must comply with the building height requirement of this Decision Notice.

Road Reserve Vegetation

23.	The existing vegetation in the road reserve may be removed. Removed vegetation must be replaced with 2 x 45 litre street trees (species must be either Banksia integrifolia or Acronychia imperforata) with a maximum 1m² mulched garden around the base of the trees. The street trees must be evenly spaced and setback a minimum of 2.5m from the edge of the road formation. The balance of the road verge must be turf which smoothly to existing ground levels.

E.	Include additional Advice Note to read as follows:

Property Driveway and Vehicle Crossover

The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for operational works is required to be obtained from Council.

*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf

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FM1517s/4-22/06/2013